HomeMy WebLinkAboutPD-151-86 TOWN OF NEWCASTLE
REPORT
File # f o/
Res. #
By-Law #
MEETING: General Purpose and Administration Committee
DATE: Monday, June 2, 1986
REPORT #: PD-151-86 FILE #: O.P. 3.13(1) and U.P. 3.13(2)
SUBJECT: APPLICATIONS TO AMEND TYRONE HAMLET DEVELOPMENT PLAN
BERNHARD HEMING (FILE: U.P. 3.13(1 ) )
RAY ABBOTT & MURRAY MARCHANT (FILE: U.P. 3.13(2) )
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-151-86 be received; and
*
2. THAT Amendments No. 1 and No. 2 to the Tyrone Hamlet Development Plan attached
hereto be approved in principle; and
3. THAT Amendment No. 1 to the Tyrone Hamlet Development Plan be forwarded to Council
for final approval at such time as the Council of the Region of Durham has
considered the subject Amendment and the applicant has submitted the required
Engineering Report to the Town; and
4. THAT Amendment No. 2 to the Tyrone Hamlet Development Plan be forwarded to Council
for final approval at such time as the Council of the Region of Durham has
considered the subject Amendment and Official Plan Amendment Application 86-39/D
has been approved by Regional Council ; and
5. THAT the proposed amendments be forwarded to the Region of Durham for their
information and consideration.
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REPORT NO. : PD-151-86 Page 2
BACKGROUND:
On April 4, 1986, the Town received an application submitted by Mr. Bernhard
Heming to amend the Tyrone Hamlet Development Plan to increase the number of
residential lots permitted on a 4.3 hectare (10.6 acre) parcel of land in
Part Lot 9, Concession 7, former Township of Darlington from " seven (7 )
Lots" to "eleven (11) Lots". The lands are designated "Short Term
Residential Expansion" by the Tyrone Hamlet Development Plan. The lands are
also subject of an application for Approval of a Plan of Subdivision
18T-86012.
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On May 7, 1986, the Town received an application submitted by Mssrs. Ray
Abbott and Murray Marchant to amend the Tyrone Hamlet Development Plan . The
application seeks to redesignate an 8.56 hectare (21.15 acre) parcel of land
in Part Lot 8, Concession 7, former Township of Darlington from "Long Term
Residential Expansion" to "Short Term Residential Expansion" with a maximum
of 15 lots designated. The lands are also the subject of an Application for
Approval of a Plan of Subdivision File: 18T-86007.
The application to amend the Hamlet Plan also seeks to expand the limits of
the Hamlet to include a 6.94 hectare (17.15 acre) parcel of land immediately
to the north of the above-mentioned lands within the Hamlet. j
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Mssrs. Abbott and Marchant have submitted an application (File: 86-39/D) to
the Region of Durham to amend the Regional Official Plan to redesignate
Tyrone as a "Hamlet for Growth" pursuant to Section 10.4.1.2 of the Plan.
This application has been circulated by the Region for comment. The
applicants have also submitted an application to the Town to rezone the
lands subject of the Hamlet Plan amendment application to permit the
development of the proposed subdivisions. A Public Meeting with respect to
this rezoning application is scheduled for July 7, 1986.
. . .3
1vCL�
REPORT NO.: PD-151-86 Page 3
The Town of Newcastle Official Plan (Section 9.11 ii ) requires that an
application for development within a Hamlet be accompanied by a detailed
Engineering Report based on test drilling which confirms:
- soil conditions satisfactory for the effective operation of a
private waste disposal system;
- no adverse effects upon existing water supplies and an adequate
supply of potable water to service the proposed development; and
- an adequate separation between water table and septic tile fields.
Mr. Heming submitted a Report on Soil Conditions in support of his
application. This Report describes the site conditions and discusses some
considerations for site grading and drainage and for constructing tile beds
for domestic sewage disposal . The Report does not address the issue of
water supply and the impact on existing water supplies as required by the
Town Official Plan. The applicant has been advised of these requirements by
Town Staff and has indicated that the required information will be provided.
This additional information however had not been submitted as of the writing
of this Report.
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Mssrs. Abbott and Marchant submitted two (2) Soils Reports and a
Hydrogeol ogic Assessment in support of their application. The Soils Report,
which together cover the entire area subject of the Hamlet Plan and rezoning
applications, indicate that the existing top soil is unsuitable for septic
tile bed construction due to its high organic content, and recommend that
the leaching bed areas for each lot be stripped of all topsoil and sand fill
imported. The Reports also indicate that, in some areas, leaching beds will
need to be raised.
One of the Soils Reports presents a general discussion of the availability
of groundwater for Phase I of the proposed development. It notes that a
review of Ministry of the Environment vicinal well records indicates the
presence of groundwater varying in depths from 3 metres to 50 metres and
. . .4
REPORT NO.: PD-151-86 Page 4
concludes there is sufficient groundwater to serve the proposed subdivision.
Staff note, however, that this review does not constitutue a hydrogeologic
assessment as required by the Official Plan .
The Hydrogeologic Analysis submitted by the applicants cover the seven (7)
lot residential subdivision immediately to the south of the subject lands
previously developed by the applicants (Registered Plan 1OM-754). This
Report concludes that no qualitative or quantitative impact on ground and
surface waters should result from the development of the seven (7) lots.
Staff have requested the applicants to submit further hYdrogeological
information relating to the lands subject of the current applications.
In accordance with Departmental procedure, the applications submitted by Mr.
Heming and Mssrs. Abbott and Marchant were circulated to various departments
and agencies for comment. Comments on the Abbott and Marchant application
were not available as of the writing of this Report. The major comments
submitted on the Heming application are given below:
Town of Newcastle Public Works Department
"No objection to this proposal subject to our comments relating to the j
application for Plan of Subdivision for this same property."
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Town of Newcastle Community Services Department
"We have no objection to this proposal . Since an existing park abuts this
proposal , cash-in-lieu of parkland dedication is required and the developer
will be required to construct a 6 foot high chain link fence behind Lots 3 -
7 bordering the park and a 6 foot chain link fence on either side of the
park entrance walkway. "
Town of Newcastle Fire Department
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"No objection. Consideration should be given to Planning Department Report
40-84 (Fire Protection Requirements for Rural Development) ."
. . .5
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REPORT NO. : PD-151-86 Page 5
Region of Durham Planning Department
"'1. Tyrone is identified as a hamlet in the Durham Regional Official Plan.
Furthermore, the Plan indicates that development in this Hamlet shall
be limited to minor internal infilling and/or minor additions to
existing development. The subject proposal to allow four additional
lots within an area identified as "Short Term Residential Expansion" in
the Tyrone Development Plan is in conformity with the Durham Plan.
i
2. In the event that the Amendment application to the Hamlet Development
Plan is favourably received by Town Council the proposed Amendment
should be forwarded to Regional Council for review in accordance with
the requirements of Section 10.4.2.2 of the Durham Plan .
3. As requested, we have circulated the proposal to the Regional Works
Department and will advise you of their comments, if any, upon
completion of their review. We may be unable to meet your deadline in
this regard.
ment Plan we have
4. With respect to the proposed Amendment to the Development
no further comments to make."
Region of Durham Works Department
"1. Municipal water supply and sanitary sewer services ar enot available to
the subject lands and the Region has no plans to introduce such
services into this hamlet.
2. The Region' s concerns, financial and otherwise, are anticipated to be
covered by an appropriate subdivision agreement related to File:
18T-86012.
3. The Regional Works Department has no objection to the further
processing of this Amendment application. "
Region of Durham Health Unit
"A soil report has been received for sewage disposal for the above mentioned
proposal .
A site plan showing house and sewage disposal locations was also requested
and received. Unfortunately, the site plan did not address the problems
with sewage disposal due to the slope of the property.
A new site plan is required, showing the tile bed locations on Lots 4, 5 and
7 on the west side or back of lots to accommodate a mantle. Tile beds for
Lots 9, 10 & 11 must be located at the front of the lots on the west side.
Lots 2 & 3 must also have the the bed located on the west side of the
property.
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REPORT NO.: PD-151-86 Page 6
The following agencies indicated no objection to the amendment to the Hamlet
Plan submitted by Mr. Heming:
- Town of Newcastle Building Department
- Central Lake Ontario Conservation Authority
- Separate School Board
- Ministry of Agriculture and Food
Staff note that the applicant has been advised of the concerns expressed by
the Region of Durham Health Unit.
One letter of objection has been received with respect to the development
proposed by Mssrs. Abbott and Marchant and the redesignation of Tyrone as a
Hamlet for Growth . This letter expressed a concern that these amendments
would have a detrimental impact on the character of the Hamlet and on
adjacent agricultural uses. A copy of the letter has been forwarded to the
Regional Planning Department.
COMMENT:
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As indicated earlier in the Report, the lands subject of Mr. Heming's
application are currently designated "Short Term Residential Expansion" with
a maximum of seven (7) lots permitted. The application seeks to increase
the number of lots permitted to eleven (11) and to permit a minor expansion
of the Hamlet boundaries to accommodate the proposed development. Staff
note that no objections to the proposed Amendment were received and that the
concerns regarding cash-in-lieu of parkland, fire portection and subdivision
design can be addressed through Staff' s review of the related application
for plan of subdivision.
I
The Town of Newcastle Official Plan permits areas designated "Short Term
Residential Expansion" to develop subject to the submission of an
Engineering Report as required by Section 9.11. Mr. Heming has verbally
indicated to Planning Staff that the servicing information as required by
the Town' s Official Plan will be submitted shortly.
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REPORT NO. : PD-151-86 Page 7
Staff have prepared a draft amendment to the Tyrone Hamlet Development Plan
* (attached hereto as Amendment No. 1) to increase the number of lots
permitted on the subject lands from "7" to "11" and to provide a minor
extension of the Hamlet boundaries. It is respectfully recommended that
Amendment No. 1 to the Tyrone Hamlet Development Plan be forwarded to
Council for approval at such time as Regional Council has considered the
Amendment and the applicant has submitted the required Engineering Report to
the Town.
II
The Town of Newcastle Official Plan (Section 9.4 iii ) states that lands
designated "Long Term Residential Expansion" shall not be developed until :
a) short term residential expansion areas have been developed;
b) the status of a Hamlet has been changed to "Hamlet for Growth"
by amendment to the Durham Regional Official Plan;
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c) the Hamlet Development Plan has been amended to establish the
maximum number of lots permitted in each designated area.
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Staff note that all but one of the areas within Tyrone designated for "Short
Term Residential Development" have been or are in the process of being
developed. The Owner of the remaining area, which is designated for a
maximum of six (6) lots, has recently expressed to Planning Staff an
interest in proceeding with the development of the property.
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An application to amend the Durham Regional Official Plan to designate
Tyrone as a Hamlet for Growth has abeen submitted. The application has been
circulated to the Town of Newcastle for comment. There are approximately
eighty (80) existing dwellings and residential buildings located within
Tyrone. Staff have reviewed all areas currently designated for development,
as well as other areas of possible expansion, and note that there is a
potential for a total of approximately 173 lots. Section 10.4.1.2 of the
Regional Plan generally limits Hamlets for Growth to a maximum of 150
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REPORT NO. : PD-151-86 Page 8
residential units; however, a designation of a maximum 200 residential
units, which is the designation for the Hamlet of Enniskillen, could be
applied to Tyrone. This would permit the area of the hamlet to be expanded
without jeopardizing the development potential of those areas currently
designated for development within the existing Hamlet boundaries. Staff
will be bringing a report forward for the Official Plan amendment for
Committee's consideration, and will deal with the maximum number of lots
permitted at that time.
Staff have prepared a draft amendment to the Hamlet Development Plan
* (attached hereto as Amendment No. 2) . The proposed amendment would expand
the limits of the hamlet to include all of the lands owned by Mssrs. Abbott
and Marchant which are subject of the application , as well as the remainder
of the lands owned by Mr. Heming directly to the north of his current
development proposal . All of the lands are proposed to be designated "S ho rt
Term Residential Expansion", with the maximum number of lots being
designated as "31" and "9" respectively.
It is respectfully recommended that Amendment No. 2 to the Tyrone Hamlet
Development Plan be forwarded to Council for approval at such time as
Regional Council has considered the Amendment, and Official Plan Amendment
Application 86-39/D designating Tyrone as a Hamlet for Growth has abeen
approved by Regional Council .
Respect itted, cc: Mr. Ray Abbott
Abbott Drafting & Design
172 King Street East
Suite 303
.WEdward M.C.I .P. OSHAWA, Ontario
Director of Planning L1H 1B7
JAS*TTE*jip cc: Mr. Lou Stavrakos
*Attach. R.R. #5
May 27, 1986 BOWMANVILLE, Ontario
L1C 3K6
cc: Mr. B. Heming
R.R. #5
BOWMANVILLE , Ontario
L1C 3K6
AMENDMENT NO. 1 TO THE HAMLET DEVELOPMENT PLAN
FOR THE HAMLET OF TYRONE
PURPOSE OF AMENDMENT
The purpose of Amendment No. 1 to the Hamlet Development Plan for the Hamlet
of Tyrone is to increase the maximum number of permitted lots within the area
designated "Short Term Residential Expansion" in Part Lot 9, Concession 7,
former Township of Darlington from "7" to "11", and to provide a minor
expansion of the limits of the Hamlet of Tyrone.
BASIS OF AMENDMENT
This amendment to the Hamlet Development Plan for the Hamlet of Tyrone is
based upon an application submitted to the Town of Newcastle to amend the
Plan to permit the development of an 11 lot residential subdivision on the
subject lands.
ACTUAL AMENDMENT
1. Schedule "1" to the Hamlet Development Plan for the Hamlet of Tyrone is
hereby amended by changing from "7" to "11" the maximum number of
residential lots permitted in the "Short Term Residential Expansion"
area in Part of Lot 9, Concession 7, former Township of Darlington , as
shown on the attached Schedule "X" hereto, and by expanding boundaries
of the Hamlet, as shown on the attached Schedule "X" hereto.
2. Schedule "X" hereto shall form part of this Amendment.
IMPLEMENTATION
The provisions set forth in the Town of Newcastle Official Plan regarding the
implementation of the Plan shall apply in regard to this Amendment.
INTERPRETATION
The provisions set forth in the Town of Newcastle Official Plan regarding the
interpretation of the Plan shall apply in regard to this Amendment.
This is Schedule "X" to Amendment 1
to the Hamlet Dev. Plan for TYRONE
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LOT 9 LOT 8
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AMENDMENT NO. 2 TO THE HAMLET DEVELOPMENT PLAN
FOR THE HAMLET OF TYRONE
PURPOSE OF AMENDMENT
The purpose of Amendment No. 2 to the Hamlet Development Plan for the Hamlet
of Tyrone is to increase the area within the Hamlet boundaries available for
"Short Term Residential Expansion".
BASIS OF AMENDMENT
Amendment No. 2 to the Hamlet Development Plan for the Hamlet of Tyrone is
based upon an application submitted to the Region of Durham to amend the
Durham Regional Official Plan to designate Tyrone as a "Hamlet for Growth",
and an application submitted to the Town of Newcastle to redesignate the area
designated "Long Term Residential Expansion" in Part Lot 8, Concession 7,
former Township of Darlington, to "Short Term Residential Expansion".
ACTUAL AMENDMENT
1. Schedule "1" to the Hamlet Development Plan for the Hamlet of Tyrone is
hereby amended as follows:
(i ) by redesignating the area designated "Long Term Residential
Expansion" in Part Lot 8, Concession 7, former Township of
Darlington, to "Short Term Residential Expansion" as shown on the
attached Schedule "X" hereto;
(ii ) by expanding the boundaries of the Hamlet, as shown on the
attached Schedule "X" hereto;
(iii ) by designating the new areas broughfinto the limits of the Hamlet
by this Amendment as "Short Term Residential Expansion", as shown
on the attached Schedule "X" hereto;
(iv) by establishing "31" as the maximum number of lots permitted in
the area in Part Lot 8, Concession 7, former Township of
Darlington designated by this Amendment as "S ho rt Term Residential
Expansion", as shown on the attached Schedule "X" hereto;
(v) by establishing "9" as the maximum number of lots permitted in the
area in Part Lot 9, Concession 7, former Township of Darlington
designated by this Amendment as "Short Term Residential Expansion"
as shown on the attached Schedule "X" hereto; and
(vi ) by relocating the "Access Point" on the east side of Regional Road
14 in Part Lot 8, Concession 7, former Township of Darlington, and j
by establishing a new "Access Point" on the west side of Regional
Road 14 in Part Lot 9, Concession 7, former Township of
Darlington, as shown on the attached Schedule "X" hereto.
2. Schedule "X" hereto shall form part of this Amendment.
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Page 2 of AMENDMENT NO. 2 TO THE HAMLET DEVELOPMENT PLAN
FOR THE HAMLET OF TYRONE
IMPLEMENTATION
The provisions set forth in the Town of Newcastle Official Plan regarding the
implementation of the Plan shall apply in regard to this Amendment.
INTERPRETATION
The provisions set forth in the Town of Newcastle Official Plan regarding the
interpretation of the Plan shall apply in regard to this Amendment.
i
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This is Schedule "X" to Amendment + 2
to the Hamlet Dev. Plan for TYRONE
LOT 9 LOT 8
CONCESSION 7
;.
9
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M1�HAMLET BOUNDARY z
0 SHORT TERM RESIDENTIAL w
EXPANSION o:
OMAXIMUM NUMBER OF LOTS
`. '. ACCESS POINT !
CONC. ROAD 7
LOT 9 LOT 8 LOT 7
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