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Home My WebLink AboutPD-57-85 Ile NO„ '' ° `' �. - _ r 4 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB UO TEL.(416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF APRIL 15, 1985 REPORT NO. : PD-57-85 SUBJECT: APPLICATION TO AMEND DURHAM REGIONAL OFFICIAL PLAN 542985 ONTARIO LIMITED - FILE: 85-4/D PART LOT 15, CONCESSION 3, DARLINGTON RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-57-85 be received; and 2. That the Region of Durham be advised that the Town of Newcastle has no objection to the r•edesignation of the lands subject to Official Plan Amendment Application 85-4/D for- a maximum of fourteen (14) Estate Residential Lots. BACKGROUND: On January 30, 1985, the Region of Durham advised the Town of Newcastle of an application submitted by 542985 Ontario Limited to amend the Regional Official Plan to permit the development of fourteen (14) estate r-esidential lots on a 7.08 ha parcel in Part of Lot 15, Concession 3, for-met- Township of Darlington. The subject pr-oper•ty is cur•r•ently designated "Major- Open Space" with indications of "Environmentally Sensitive Lands". The proposed . . .2 �� , 141 REPORT NO. : PD-57-85 Page 2 development, located on the west side of Old Scugog Road north of the Bowmanville Urban Area, would be contiguous to recently approved estate residential development to the south also being developed by the applicant. In accordance with Departmental procedure, the application was circulated to various agencies for comment. As well , the Region provided copies of comments received through their circulation of the application. The following is a summary of the major comments received. Central Lake Ontario Conservation Authority "The valleyland west of the fill and construction limit shown on the plan submitted is classed as having high environmental sensitivity in the Authority 's Environmental Sensitivity Mapping Project due to the steep banks, erosion susceptibility, forest cover and its function as wildlife habitat and movement corridor and the presence of a warm water fishery. This valleyland is to be left as Open Space and suitably zoned to prohibit all structures except those necessary for flood and erosion control . This block may be requested to be dedicated to the appropriate public agency as parkland later in the subdivision process. A steep eroding valley bank in the vicinity of Lots 11 and 12 appears to be very close to the rear lot limits. When the rear of these lots are staked in the field it may be required that the limits be adjusted due to the erosion problem or an erosion study may be required to determine the erosion rate and the risk to the property. Since the boundaries of land use designation in the Durham Official Plan are approximate, Staff foresee no difficulty in amending the Official Plan to permit the estate residential development subject to any changes in the boundaries which may be required in addressing the concerns mentioned above". Ministry of Natural Resources "The subject property includes a segment of Bowmanville Creek, which is an important Coldwater trout stream. When the associated plan of subdivision is circulated, we may require soil erosion control studies to ensure the protection of the fisheries habit. They valley lands are appropriately zoned "Environmental Protection" by By-law 84-63." . . .3 i c REPORT NO. : PD-57-85 Page 3 The Region has advised that no submissions have been received from the public in response to a Public Notice advertised in local newspapers. COMMENTS As indicated earl i er•, the pr•oper•ty subject to the Official Plan Amendment Application is designated "Major- Open Space" by the Durham Regional Official Plan, and is located in the vicinity of valley lands associated with Bowmanville Creek. These lands ar-e designated "Environmentally Sensitive" by the Official Plan. The Official Plan r-equi r-es the pr•epar•ati on of an Envi r-onmental Impact Study for- development proposals on land designated as Environmentally Sensitive. The proposed lots do not extend beyond the Fill and Construction Limits as established by Central Lake Ontar-io Conser-vation Author-i ty; as well , neither- Central Lake Ontar-i o Conser-vation Author-i ty nor- the Mini stay of Natural Resources has identified any concerns with the proposed estate residential development on the lands outside the Fill and Construction Limits. It would they-efor-e appear- that an Environmental Study is not r-equir-ed. However, it should be noted i that if the Official Plan Amendment application is approved and the proposal proceeds to the subdivision approval and rezoning stage, more specific concerns relating to Environmental Sensitivity may be indentified at that time. The Regional Official Plan provides for- the development of Estate Residential lots pr-ovi ded that a number- of cr•i ter•i a ar-e satisfied. These cr•i ter-i a generally r-equ i r•e that proposals be located in scenic well-vegetated areas, maintain the physical character- of the site, shall not be located on lands having high capability for, agr-icultur-e, or- shall not unduly r-estr-ict the use of adjacent pr-oper•ties for- agr•icultur-e. Staff note that the proposed . . .4 REPORT NO. : PD-57-85 Page 4 development is located adjacent to valley lands associated with the Bowmanville Creek and that the Ministry of Agriculture and Food have indicated no objection to the proposal . The applicant also submitted a consultant's r-epor-t indicating that there is adequate groundwater- for- r-esi denti al use and the site is suitable for- the use of septic systems. As well , the Regional Health Unit has indicated no objections to the proposal . The Regional Official Plan further- states that the estimated population yield from an estate residential subdivision shall not exceed a density of five (5) persons per- hectare for- the total site area. The total area of the pr-oper•ty subject to the application is 7.08 ha; they•efor-e, the density pr•escr-ibed by the Official Plan would permit approximately thirty-five (35) persons. Using an occupancy ratio of 3.4 persons per- unit, a figure used by both the applicant and Regional Planning Staff, a total of ten (10) lots would be permitted. The applicant has, however, proposed the creation of fourteen (14) lots, suggesting the density of this cur-r-ent proposal , should be considered in conjunction with the estate residential lots being developed by the applicant to the south, which would be within the density guidelines given by the Official Plan. While Staff have some difficulty with this approach, it is consistent with the general intent of the Official Plan. Out- concern being that proposals should be assessed on total developable land without r-egar•d for- the amount of undevel opabl e land in this or- other- adjacent proposals. Notwithstanding this, the Official Plan specifies total site area which, in the absence of a definition, would include the floodplain and valley lands. The Town's Comprehensive Zoning By-law also pr•escr•ibes minimum frontage and area r•equi r-ements through the pr-ovi si ons of the . . .5 REPORT NO. : PD-57-85 Page 5 "RE-Residential Estate" zone. The By-law states that new estate residential lots shall have a minimum frontage of 40m and a minimum area of 0.5 ha. Of the fourteen (14) lots proposed by the applicant, ten (10) would have insufficient frontages, while all would have insufficient area. The applicant has stated that the proposed lots ar-e intended to meet the zone r•equi r•ements of the Residential Estate Exception (RE-4) zone. This zoning was applied to the estate residential development to the south and contains provisions which recognize the smallest lot within that plan. The average lot size being 3599 square metres. The average lot size in the proposed plan is 3275 square metres. If the Residential Estate Zone provisions ay-e applied, a maximum of nine (9) lots would be permitted. This is generally consistent with the intent of the Official Plan when this site is treated in isolation from other- plans in the area. However, since this proposal is an extension of a previous plan and being developed by the same developer-, it is not unr-easonable to per-mi t a density transfer- which would facilitate the development of the additional lots being proposed. Based upon this rationale, Staff have no objection to the proposal subject to any necessary lot line adjustments to ensure a minimum lot area of 3200 square metres. ,,Respectfu ted, T.T. Edwards, M.C.I .P. Director- of Planning JAS*TTE*jip March 27, 1985 Applicant: 542985 Ontario Limited c/o 429 Lakeshore Road P.O. Box 1643 PORT PERRY, Ontario LOB 1NO Agent: D.G. Biddle & Associates Ltd. 96 King Street East OSHAWA, Ontar-io L1H lB6 AREA OF PROPOSED REZONING t ! � j A•le ; In t 1 z P ) 0 SEE 1 cn SCHEDULE '7' I 1 N (HAMPTON) I 1 Y U z I 1 0 TAUNTON ROAD C3 6 1 REG. 12!2.L4 � 1 P 1 E C ► i to i I ' � A o I t �� ; A EF o a i Z 0 U 1 A i I EP � --i----� �P --- - I A•t Al AA8 A 1 ' . A'1 M3 A M I 1 1 N ► I 0 I I cn RE-4 1 EP U)) t M I w Al z I I I 1 U w.D ► ( ' I 1 LOT 20 19 18 17 16 15 14 13 12 LOT I I 0 250 500 low. KEY MAP 300m *0 �' � I i i