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HomeMy WebLinkAboutPD-73-84 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL.(416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF APRIL 16, 1984 . REPORT NO. : PD-73-84 SUBJECT: APPLICATION TO AMEND THE HAMLET DEVELOPMENT PLAN FOR THE HAMLET OF ENNISKILLEN STAGING POLICIES RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following : 1 . That Report PD-73-84 be received; and 2. That the attached amendment to the Hamlet Development Plan for the Hamlet of Enniskillen be forwarded to Council for approval at such time as the Council of the Region of Durham has considered the amendment to the Enniskillen Hamlet Development Plan ; and * 3. That a copy of this Report and the attachments thereto be forwarded to the Region of Durham for their information and consideration. . . .2 I REPORT NO. : PD-73-84 Page 2 BACKGROUND: At the meeting held on November 14, 1983 and January 23, 1984, Council adopted the following resolutions respecting Plans of Subdivision 18T-24002 (Jeffery Construction) and 18T-81013 (1927 Investments Limited) : "i ) The Council of the Town of Newcastle hereby requests the Minister of Municipal Affairs and Housing to extend the draft plan approval for Subdivision 18T-24002 for a further one year period to January 25, 1985, subject to the applicant revising the draft plan to show a maximum of twenty-two (22) single family lots" - November 14, 1983. "ii ) That the Region of Durham be advised that the Town of Newcastle recommends approval of Plan 18T-81013 dated March 14, 1980, prepared by Donevan & Fleischmann and revised October 6, 1981 , subject to the conditions contained in Attachment No. 1 to this Report; and That a copy of Staff Report PD-16-84 be forwarded to the Region of Durham" - January 23, 1984. As noted within the conditions for draft approval as considered and approved by the Town of Newcastle, an appropriate zoning by-law amendment, amending By-law 2.111 , of the former Township of Darlington was to be obtained and in effect for each plan of subdivision. Accordingly, applications requesting an amendment to By-law 2111 have been submitted for the Town's review and consideration. COMMENTS: Section 3.9 "STAGING" within the Enniskillen Development Plan stipulates that new development within the areas designated for expansion shall be limited to fifteen (15) . . .3 I REPORT NO. : PD-73-84 Page 3 lots per annum. Schedule ' 1 ' within the Hamlet Plan identifies alphabetically, the areas designated for expansion and furthermore, represents the sequence for staging development , dependant upon the availability of ground water supplies. It is noted that any lots approved in excess of the annual limit (15) shall be given a deferred designation in the implementing restricted area by-law. Committee may recall , that within Staff Report PD-16-84 (Plan of Subdivision 18T-81013; 1927 Investments Limited) it was noted draft approval as issued for the Jeffery's Subdivision, 18T-24002 (twenty-two lots) within area 'A' on Schedule '1 ' , represented a period of approximately a year and a half - 15 lots per annum, within which building permits could not be issued for Plan of Subdivision 18T-81013 (1927 Investments Limited). Should the applicant, on behalf of 1927 Investments Limited, wish to proceed prior to the Jeffery's Subdivision, the policies of the Enniskillen Hamlet Plan would prohibit the issuance of building permits. Staff would note for Committee' s consideration, that presently within the Town of Newcastle, exclusive of the Hamlet of Enniskillen, phasing/staging of development is normally regulated through each individual subdivision i agreement, and not contingent upon other subdivisions proceeding first, unless a servicing (municipal sewer and water) aspect is involved; being a prerequisite to future development. Development on the otherhand, within the Hamlet of Enniskillen, is proposed to proceed with private services, drilled wells and septic systems. Staff acknowledges that . ..4 i REPORT NO. : PO-73-84 Page 4 the policies as contained within the Hamlet Plan involving staging of development, primarily address the concerns of "safe guarding" existing development and the levels of service within the Hamlet of Enniskillen itself i .e. ; water table level , existing septic systems and the impact any new developments would have on the supply and location of these services. Staff concurs with this general intent and any new development must proceed in such a manner that the impact upon the existing development and services available are mitigated. The Region of Durham Official Plan, Section 10.4.2.6, states that "Regional Council in co-operation with the Council of the respective area municipality and the Ministry of Environment, shall monitor growth in Hamlets in order to preclude groundwater or private waste disposal system problems which might arise as a consequence of development. If such problems arise which cannot be resolved, the authority having jurisdiction, shall take into account necessary measures by either staging or denying further approvals of Plan of Subdivisions." Within the Hamlet Plan for Tyrone, the following provision is included in consideration of the above-noted provision within the Durham Region Official Plan: "Notwithstanding any provision to the contrary, prior to new development occuring, either by subdivision or consent, the applicant(s) will be responsible for demonstrating to the satisfaction of the Town and the Durham Health Unit , the methods whereby sanitary sewage and storm runoff will be dealt . . .5 REPORT NO. : PD-73-84 Page 5 with. In addition, the applicant must present an Engineering Report to demonstrate to the satisfaction of the Town and the Region of Durham, that an adequate supply of potable water exists to serve the proposed development. This Engineering Report must also address the likely impact of the proposal on existing water supplies within the Hamlet and surrounding area It is staff' s opinion, that the amending of the Enniskillen Hamlet Plan to incorporate the above provision would provide an adequate and sufficient means of protecting the existing Hamlet development in respect to the availability of services. Through the submissions of an Engineering Report, the necessary background information to justify, permit, stage or deny a plan of subdivision, will be available. The implementing of such a policy will permit, where applicable, the concurrent development of plans of subdivision (Jeffreys ' and 1927 Investments Limited). However, staff would note that the "market demands" would continue to play a major role in helping to determine when the individual owners proceed with their developments. In consideration of the above, staff would have no objections to the amending of the Hamlet of Enniskillen Development Plan as contained within the recommendations of this report and Attachment No. 1 thereto. Respec ted, / F T.T. Edwards, M.C.I.P. Director of Planning LDT*TTE*jip cc: 1927 Investments Limited *Attach. 378 King Street West March 7, 1984 OSHAWA, Ontario L1H 7B8 cc: Oakland Developments Limited 1050 Simcoe Street North OSHAWA, Ontario L1 G 4W5 ATTN: Mr. W. Jeffrey AMENDMENT NO. 2 TO THE HAMLET DEVELOPMENT PLAN FOR THE HAMLET OF ENNISKILLEN 1 . Purpose of Amendment The purpose of Amendment No.2 to the Hamlet Development Plan for the Hamlet of Enniskillen, is to delete all references within the Development Plan pertaining to a quantitative staging program, and to replace same with provisions allowing development to proceed upon satisfying the Town and the Region of Durham, that an adequate supply of potable water exists to serve the proposed development, in a manner that will minimize any adverse impacts upon the Hamlet and surrounding area. 2. Basis of Amendment The amendment to the Enniskillen Hamlet Development Plan is based upon a desire by the Town of Newcastle, to permit new residential development to proceed based on the demonstration through an Engineering Report, to the satisfaction of the Town and the Region of Durham, that an adequate supply of potable water exists to serve the proposed development. This Engineering Report must also address the likely impact of the proposal on existing water supplies within the Hamlet and surrounding area. 3. Actual Amendment (i ) Schedule "1" to the Hamlet Development Plan for the Hamlet of Enniskillen, is hereby amended by deleting all references to "Sequence of Staging". (ii ) Section "3" of the Hamlet Development Plan for the Hamlet of Enniskillen, is hereby amended by deleting Subsection 3.8 in its entirety and replacing said Subsection with the following: Notwithstanding any provision to the contrary, prior to new development occuring, either by subdivision or consent , the applicant(s) will be responsible for demonstrating to the satisfaction of the Town and the Durham Health Unit, the methods whereby sanitary sewage and storm runoff will be dealt with. In addition, the applicant must present an Engineering Report to demonstrate to the satisfaction of the Town and the Region of Durham, that an adequate supply of potable water exists to serve the proposed development. This Engineering Report must also address the likely impact of the proposal on existing water supplies within the Hamlet and surrounding area." I Page 2 of AMENDMENT NO. 2 TO THE HAMLET DEVELOPMENT PLAN FOR THE HAMLET OF ENNISKILLEN (iii ) Section 3 of the Hamlet Development Plan for the Hamlet of Enniskillen, is hereby amended by deleting Subsection 3.9 in its entirety and replace with the following new Subsection 3.9: "3.9 Staging (i ) New development within the areas designated for expansion shall be staged through the provisions of a subdivision agreement. This policy is intended to minimize development impacts upon existing residences and to facilitate annual monitoring of groundwater supplies and the operation of private sanitary waste disposal systems. (ii ) The policies of this section shall not be interpreted as being applicable to areas designated for infilling. (iii ) In the case of the areas designated as rural residential , staging will only be required for proposals in excess of three lots, and shall be implemented through the provisions of a subdivision agreement." i