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