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HomeMy WebLinkAboutPD-130-85 1UCh) 4 FFHeo. 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 SEPTEMBER 16, 1985 REPORT NO. : PD-130-85 SUBJECT: APPLICATION TO AMEND DURHAM REGIONAL OFFICIAL PLAN P. GEARING PART LOT 32, CONCESSION 3, FORMER TWP. OF DARLINGTON FILE: OPA 85-26/D RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-130-85 be received; and 2. That the Region of Durham be advised that, with respect to Official Plan Amendment application 85-26/D, the Town of Newcastle has no objection to the redesignation of this site to allow ten (10) estate residential lots to be developed. . . .2 REPORT NO.: PD-130-85 Page 2 BACKGROUND: On June 25, 1985, the Region of Durham advised the Town of Newcastle that it had received an application submitted by Mr. P. Gearing to amend the Durham Region Official Plan to permit development of ten (10) estate residential lots on 5.2 hectares (11.8 acres) of land in part of Lot 32, Concession 3, former * Township of Darlington (see key map attached) . The property is currently designated "Major Open Space" with indications of "Environmental Sensitivity" and "Hazard Lands". The subject site has been included in two previous Official Plan Amendment applications submitted by Mr. Paul Gearing (Files: 81-37/D and 84-1/D) . Under File: 81-37/D, the subject site was retained by the applicant under "Major Open Space" designation. Under File: 84-1/D, the subject site was included in the application sent to the Town of Newcastle. At that time, the Town recommended that approval for twenty (20) estate residential lots could be granted; however, the applicant revised his application to establish twelve (12) lots of estate residential land and a block of future development land retained by the applicant. The Official Plan Amendment was granted, and the land immediately north of the subject site has been zoned for estate residential development. The applicant is now seeking changes to the Official Plan to permit residential development of the previously reserved property and a zoning change to "Residential Estate Exception (RE-4)". With regards to the previous proposals, both the Central Lake Ontario Conservation Authority and Ministry of Natural Resources raised a number of concerns. When Official Plan Amendment application 84-1/D and the subsequent subdivision plan were . . .3 � L) REPORT NO.: PD-130-85 Page 3 received, an Environmental Impact Analysis was submitted detailing both the subject site and the present application site. Staff reviewed the Environmental Impact Analysis and felt that development east of Farewell Creek could be approved; but development west of Farewell Creek, east of Tooley's Road should be denied because of the environmental concerns identified. Council , however, decided to advise the Region that it had no objection to the development of all of 84-1/D (at that time twenty-two (22) units) . The Region, in approving the previous application, felt that it was a "minor extension" to the previously approved development. COMMENT: The Planning Department received comments from circulations sent to Municipal and Regional agencies in accordance with departmental procedure. A summary of the major comments is provided below. Central Lake Ontario Conservation Authority "Comments pertaining to the site have been submitted to the Region previously in conjunction with review of plans of subdivision 18T-82030 and 18T-84-48, and OPA 84-1/D. To briefly review that correspondence, the site consists of a heavily forested table land area abutting the Farewell Creek valley. It has been designated as a highly sensitive area in the Authority's Environmental Sensitivity Mapping Project because of the extensive forest cover, wildlife habitat and its hydrological function in supplying baseflow to Farewell Creek. Additional studies undertaken by Authority Staff substantiate this designation. These studies have noted considerable utilization of the area by a variety of wildlife including game species such as white-tailed deer, ruffed grouse and eastern cottontail rabbit. Also, wetness of the table land area during summer months and the presence of tree species which prefer wet soils indicates that the area is likely functioning as a groundwater recharge zone and providing baseflow to Farewell Creek. . . .4 iU Chi REPORT NO. : PD-130-85 Page 4 Authority comments have consistently taken the position that this forested table land site should be preserved in its natural state in order to maintain its value as a wildlife habitat and to help protect water quality and the fishery in Farewell Creek. Our concurrence with the approval of the aforementioned plans of subdivision was based upon the condition that this site should not be developed. In our opinion, approval of the previous plans of subdivision permits the maximum allowable encroachment into the sensitive area. Further encroachment would risk destruction of the habitat and loss of the environmental value of the site. The applicant submitted an Environmental Analysis for the proposal in conjunction with plan of subdivision 18T-84048 entitled "Heritage FGarm Estates Environmental Impact Analysis" prepared by Henry Kootekaas and Associates. It has addressed some of the Authority' s concerns for the site, but Staff feel that the potential effects of the proposal on the environmental integrity of the area and on wildlife habitat have not been assigned the significance which they merit. White-tailed deer utilize the site as a winter feeding ground development of the site would certainly remove this critical habitat component and probably cause relocation or loss of the deer population. Furthermore, the effects of this specific proposal must also be viewed in context of other development proposals in the immediate area. Residential development is now being proposed immediately north of Mr. Gearing' s property in another area of high environmental sensitivity through OPA File: 85-30/D. Future proposals may involve sensitive areas to the south and east. In order to maintain the integrity of environmentally sensitive areas in their natural state, particularly those which contain critical habitat components such as winter feeding grounds for white-tailed deer. Consequently, we cannot agree with the applicant's environmental analysis that the effects of this development will not be significant. Based upon the foregoing, we cannot support the proposed Official Plan Amendment and we request that it not be approved". Ministry of Natural Resources "The Ministry of Natural Resources noted only the followintg concern. A hazard land/environmentally significant area block containing the Farewell Creek and its valley system is located along the western boundary of the subject property. This area is referred ,to as Block 15 of Subdivision 18T-84048. We have addressed concerns regarding this block in previous letters dated .. .5 REPORT NO.: PD-130-85 Page 5 ---�' February 13, 1984 and April 3, 1984 (OPA 84-1/D) and January 18, 1985 (Subdivision 18T-84048) . Farewell Creek is a Coldwater trout stream and is sensitive to water quality degradation. The creek flows iinto the Oshawa Second Marsh, a significant warm water spawning area and wildlife habitat soil erosion and stormwater drainage should be carefully controlled both during and after construction so as to minimize the potential reduction of water quality and the loss of fish and wildlife. When the draft plan of subdivision is circulated for comment, we will ask for conditions for approval to address the concerns above". Town of Newcastle Community Services "At the time the draft plan of subdivision is circulated, the Department will not take Block 11 as proposed in the Amendment as parkland. As such our unofficial policy is to take 5% cash-in-lieu of parkland". The following agencies had no objections or comment on the proposed Official Plan Amendment: Durham Region Department of Health Services, Durham Regional Works Department, Town of Newcastle Fire Department, Town of Newcastle Building Department, and the Foodland Preservation Branch of the Ministry of Agriculture and Food. STAFF COMMENT: The Durham Region Official Plan establishes a number of criteria to allow for the development of Estate Residential housing within plans of subdivision. The subject application falls within the intent of the Official Plan in terms of density of development, location and lot size requirements. There are, as well , environmental questions which must be addressed. Staff examined the Environmental Impact Analysis prepared by the developer and . . .6 I 5A REPORT NO.: PD-13U-85 Page 6 have accepted its conclusions that little impact would be felt on the site and that adequate safeguards can be taken to prevent degradation of the water supply. Staff also felt that the Environmental Study satisfies the requirements of the Regional Official Plan (Section 1.3.2) . It should, however, be noted that the Study did not address possible financial implications of development upon the Region or area municipality as reuired under Section 1.3.2(b) of the Regional Official Plan. However, in view of Council 's previous approval for the site and lands immediately to the north, and the subsegent approval by the Region, this requirement would seem somewhat redundant. Comments from all but the Conservation Authority tend to support Staff's position with respect to the acceptability of the Environmental Analysis. Based on the foregoing, the proposed designation of this site appears to be a logical and minor extension to previously approved development and is consistent with Council 's prior approval of twenty-two (22) Estate Residential lots under File: OPA 84-1/0. Staff, therefore, have no objection to the proposed site being redesignated for the Estate Residential development of ten (10) lots. espectful ly ys-ka�ii tted, T.T. Edwards, M.C.I .P. Director of Planning LM*TTE*jip *Attach September 4, 1985 Applicant: Mr. Paul Gearing Box 21, R.R. #3 BOWMANVILLE, Ontario LTC 3K4 CITY of OSHAWA TOWNLINE ROAD N. �O -i W Cn DARLINGTON BLVD.N. m m m W 000 m 71 -n -"n > TOOLEY�S ROAD D W F r F = a m m rn 00 00 00 D 0 o TRULLS ROAD N. CONCESSION 3 r C1