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HomeMy WebLinkAboutPD-227-86 /-(Y� TOWN OF NEWCASTLE REPORT File # ;0- _6 . 203 Res. #(' /"Qa ��- By-Law # MEETING: General Purpose and. Administration Committee DATE: Monday, October 6, 1986 REPORT #: PD-227-86 FILE #: 18T-86017 SLR ECT: PROPOSED PLAN OF SUBDIVISION - ALECK MOFFAT PART LOT 27, CONCESSION 4, FORMER TWP. OF CLARKE FILE : 181--86017 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-227-86 be received; and 2. THAT the Region of Durham be advised that the Town of Newcastle has no objection to the draft approval of Plan of Subdivision 18T-86017 as revised in red on * Attachment No. 1 hereto and subject to the conditions as outlined by Attachment No. 2 hereto; and 3. THAT a copy of Council ' s decision be forwarded to the Region of Durham and the applicant. BACKGROUND: On March 7, 1986, the Town was advised by the Region of Durham of an application submitted by Mr. Aleck Moffat for approval of a ten (10) lot residential subdivision on a 3.96 hectare parcel of land in Part Lot 27, Concession 4, former Township of Clarke (see Key * Map attached) . The subject parcel lies to the east of Highway 35/115 and has been severed . . .2 REPORT NO.: PD-227-86 Page 2 from the remainder of the applicant' s land by the new exit ramp connecting the highway to the Somerville Drive extension. The property is located in the Hamlet of Orono as designated by the Durham Regional Official Plan , and is zoned "Agricultural (A-1)" and "Environmental Protection (EP)" by By-law 84-63. The "EP" zone corresponds to a creek valley which occupies the northwest corner of the site. The subject application was circulated by both the Region and the Town to various departments and agencies for comment. The following is a summary of i the comments received. Town of Newcastle Public Works Department "No objection subject to the following conditions: 1. This Department' s standard requirements with respect to residential subdivisions; 2. That the road widening, 0.3 metre reserve and sight triangles as shown on the draft plan, are dedicated to the Town free and clear of any encumbrances; 3. That the developer bear the costs (100%) of any works on Somerville Drive which are necessitated as a result of this development; 4. That the developer reconstructs Somerville Drive from the intersection of Moffat Court to Station Street to the satisfaction of this department; 5. That the developer be required to provide street lighting along Somerville Drive and the cul-de-sac; 6. That the proposed cut-de-sac alignment be revised as shown." Town of Newcastle Community Services Department "No objection. No park is required for this area and as such cash-in-lieu of parkland is required." .3 v�k) REPORT NO.: PD-227-86 Page 3 Town of Newcastle Fire Department "No objection. Response is from Station 3 located in Orono and water supply to this area is by fire department tanker truck. consideration should be given to Planning Department Report on Fire Protection for Rural Developments." Region of Durham Health Unit "This subdivision is approved in principle subject to the following conditions: I. wells and tile beds are to be located in accordance with the site plan dated July 29, 1986. 2. the site plan dated July 29, 1986 should be registered on title of each lot." Ministry of Agriculture and Food "Consideration has been given to this proposal in terms of the goals and objectives of the Ministry and of the criteria and policies outlined in the Foodland Guidelines. Based on our present knowledge, the Ministry has no objections to the proposal . " Ministry of the Environment "Staff have reviewed the above mentioned application and have identified a noise concern due to the development' s proximity to Highway 35. We are also concerned whether there are adequate supplies of potable water. We therefore recommend draft approval be conditional upon: I. Prior to final approval , the owner shall engage the services of a Consultant to complete a Noise Study recommending noise control features satisfactory to the Ministry of the Environment and the Town of Newcastle. 2. Prior to final approval , the Ministry of the Environment shall be notified by a copy of the fully executed subdivision agreement between the developer and the municipality that the noise control features recommended by the acoustical report and approved by the Ministry of the Environment and the Town of Newcastle shall be implemented as approved, by requirements of the Subdivision Agreement. 3. 1n the event that a slight noise level excess will remain, despite the implementation of the noise control features, the following warning . . .4 OP REPORT NO. : PO-227-86 Page 4 Ministry of the Environment - Cont'd clause shall be included in a registered portion of the subdivision agreement for subsequent inclusion in Offers of Purchase and Sale for the affected lots: "Purchasers are advised that despite the inclusion of noise control features within the development area and within the individual building units, noise levels may continue to be of concern occasionally interfering with some activities of the dwelling occupants." 4. Prior to final approval the Ministry of the Environment is to be in receipt of a Hydrologist's Report which ascertains the availability of an adequate supply of potable water to service the development. The report should comment on existing water quality as well as the potential for cross contamination and well interference. 5. Prior to final approval , the Ministry of the Environment shall be notified by a copy of the fully executed subdivision agreement between the developer and the municipality, that the recommendations of the Hydrogeological Report as approved by the Ministry of the Environment, shall be implemented by requirements of the Subdivision Agreement." Ministry of Natural Resources site. While we have no objections to the principle of development on the site, we do have concerns which should be addressed prior to the approval of the plan. As indicated on the draft plan of subdivision, a tributary of the Wilmot Creek and its associated valley system, traverse the northwest portion of the subject property. This valley system is located in the rear of Lots 8, 9 and 10. It is a heavily vegetated, forested area which provides cover to the trout stream and helps to maintain the coldwater significance of the watercourse downstream. This vegetative cover assists in reducing erosion of the valley slope and the subsequent siltation of the creek as well . Currently, Town of Newcastle Zoning By-law 84-63 zones the floodplain and valley of this stream as "Environmental Protection (EP) ". This zoning is consistent with effective fisheries management practices. Based on the aforementioned, this Ministry has no objections to the approval of this subdivision provided that it be subject to the following conditions: . . .5 REPORT NO.: PD-227-86 Page 5 Ministry of Natural Resources - Cont'd 1. That the "Environmental Protection" zoning of the valley system shall be maintained and that the municipality' s zoning by-law shall contain provisions which will have the effect of prohibiting all buildings or structures, other than those necessary for flood and erosion control in the "EP" zone. 2. Prior to any grading or construction on the site, the Owner shall erect a snow fence or other suitable barrier along the top of the val ley slope. This barrier shall remain in place until such time as all grading, construction and landscaping of the site are completed, and shall be maintained to prevent the placement of fill or removal of vegetation within the valley system of the subject watercourse. 3. Prior to any grading or construction on the site, the Owner shall prepare a stormwater and erosion control plan, which shall be acceptable to the Ministry of Natural Resources. This plan will show all proposed surface drainage works and will describe the means to minimize soil erosion and the direct discharge of stormwater flow into the subject watercourse, both during and after construction. The Subdivision Agreement between the Owner and the municipality shall contain the following provisions in wording acceptable to this Ministry: a) That the Owner agrees to construct and maintain the barrier as required in Condition 2 above. b) That the Owner agrees to implement the stormwater and erosion control plans for the site as required in Condition 3 above. c) That the Owner shall provide certification by a professional engineer that the works required in Condition 3 above have been completed satisfactorily. d) That no damming, dredging or other alterations will be carried out on this tributary of Wilmot Creek without the prior written authorization of the Ministry of Natural Resources." Ganaraska Region Conservation Authority "We note that a tributary of Orono Creek crosses the northwest corner of the proposed subdivision crossing Lots 8, 9 and 10. The Regional Official Plan recognizes the floodplain area adjacent to this watercourse as Hazard Land and further, Zoning By-law 84-63 places the hazard land in an "Environmental Protection" zone. It is the Authority's opinion that the top of the bank indicated on the draft plan corresponds to the limit of the "EP" zone. . . .6 REPORT NO.: PD-227-86 Page 6 Ganaraska Region Conservation Authority - Cont'd Therefore, with regard to the jurisdiction and mandate of this Conservation Authority, there is no objection to draft plan 18T-86017 provided that the development is undertaken in compliance with Section 1.2.6 of the Durham Regional Official Plan and Section 5 of the Town of Newcastle Zoning by-law." Ministry of Transportation and Communications "Access to the subject lands will be restricted to Somerville Drive with no direct access to the Provincial Highway. Permits will be required for all buildings located within 1300 feet from the midpoint of intersecting roads where our highways are concerned. In the event noise attenuation measures are required by the Ministry of Environment, we will require such features be placed outside of our highway property limits." The following agencies indicated no objection to the proposed subdivision: 1. Town of Newcastle Building Department 2. Northumberland and Newcastle Board of Education 3. Peterborough-Victoria-Northumberland and Newcastle Roman Catholic Separate School Board. The applicant also submitted a Preliminary Soils Investigation in support of the proposed development. This Report indicated that the site is underlain by compact and very dense sand, with excellent subsurface drainage. The Report states that the site is suitable for ground absorption of sewage effluent. The Soils Consultant also conducted a review of Ministry of the Environment well water records for the area. He notes that the sand stratum over the east half of the site contains adequate groundwater resources for domestic purposes, but that drilled wells into the till moraine which predominates over the western portion of the site have erratic yields. Deep wells penetrating into the shale bedrock have reported problems with taste and odour. The Report concludes that suitable groundwater resources are available for potable domestic supplies but that well depths will likely vary across the site. REPORT NO.: PD-227-86 Page 7 COMMENT: A review of the circulation comments indicates that the major concern relates to the servicing of the proposed subdivision . Both the Soils Analysis and the Ministry of the Environment have identified a possible problem with the supply of potable water; however, the Ministry of the Environment has requested the preparation of a Hydrologist' s Report as a condition of draft approval of the plan. As well , the Region of Durham Health Unit has prepared a plan which specifies the location of wells and septic systems on each of the proposed lots and has requested that this plan be registered on title. Staff note that the siting of the wells and septic systems as proposed by the Health Unit will enable houses to be built in conformity with the requirements of By-law 84-63. As indicated earlier in this report, the proposed development is located in the vicinity of the Hamlet of Orono as designated by the Durham Regional Official Plan. The Region of Durham Planning Department has advised the applicant that the subject site cannot be construed as being part of the Hamlet, notwithstanding its proximity to the existing built-up area of Orono. The Regional Planning Department further indicated that the preparation of a Development Plan for the Hamlet of Orono is a prerequisite for the evaluation of the development proposal . Town Planning Staff are currently working on a draft development plan for the Hamlet of Orono, but note that the Ministry of Municipal Affairs and Housing has deferred approval of the majority of the Town 's Official Plan , including that section dealing with Hamlets. The proposed development constitutes a minor extension to the Hamlet and would impact very little on the development potential of the remainder of Orono inasmuch as the subi divi son is to develop on private wells and therefore, would not be dependent upon capacity being available in the municipal water system. In Staff's opinion , the preparation of a Hamlet Development Plan as a prerequisite to draft approval of the proposed subdivision is not a reasonable requirement and would impose unwarranted delays on development. . . .8 REPORT NO. : PD-227-86 Page 8 Staff are prepared to recommend draft approval of the subject plan and have * prepared the Town' s Conditions of Draft Approval (Attachment No. 2) for Committee' s consideration. The plan has been revised to reflect a minor realignment of the proposed cul-de-sac and a 3.0 metre road widening on Somerville Road as requested by the Town's Public Works Department. The Somerville Drive road allowance is 20 metres wide, but the Works Department has advised that the road widening would facilitate the reconstruction of Somrville Drive and the extension or replacement of the existing cross road culvert. The proposed works cannot be accommodated within the existing road allowance. A review of the plan as revised, however, indicates that some of the proposed lots may not conform to the minimum frontage and area requirements of the "Residential Hamlet (RH)" zone of By-law 84-63. Therefore, Staff have included, as a Condition of Draft Approval , a requirement that the lot frontages and areas be revised to the requirements of the Town ' s "Zoning By law. Accordingly, it is recommended that the Region of Durham be advised that the Town of Newcastle has no objection to draft approval of Plan of Subdivision 18T-86017 as revised in red and attached hereto as Attachment No. 1, and * subject to the conditions as outlined by Attachment No. 2. Respectfu ed, T.T . Edwards, M.C.I.P. Director of Planning JAS*TTE*jip *Attach. September 22, 1986 Applicant: Mr. Aleck Moffat R.R. #1 ORONO, Ontario LOB 1MO 1ST-66017 s � SOMERVILLE DRIVE to 2 Q I 4 LOT 27 , CONCESSION 4 SUBJECT LANDS A-1 Ml ; � p t RC j A.1 — EP /,EP / :P ,( A-1/ A-1 z d' i' O / W r A-1 z 0 LOT 28 LOT 27 O go** X00 ll00. 11KEY MAP � I i ATTACHMENT NO. 2 TO REPORT PD-227-86 TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-86017 1. That this approval shall apply to a draft Plan of Subdivision 18T-86017, prepared by Merrill D. Brown Limited, Ontario Land Surveyor, dated February 25, 1986, and revised in red to indicate a 3.0 metre widening on Somerville Drive and a minor re-alignment of the proposed cul-de-sac. 2. That the Owner agrees to revise the draft Plan of Subdivision so that the frontages and areas of the proposed lots comply with the requirements of the "Residential Hamlet (RH)" zone of By-law 84-63 as amended, the Town of Newcastle Comprehensive Zoning By-law. 3. That the Owner enter into a Subdivision Agreement with the Town of Newcastle. 4. That the Owner grant to the Town, free and clear of all encumbrances, all easements and dedications as requested. 5. That the Owner grant to the Town, free and clear of all encumbrances, the 3.0 metre road widening, 0.3 metre reserve and sight triangles as shown on the revised plan. 6. That the works be designed and constructed in accordance with the Town of Newcastle 's Design Criteria and Standard Drawings. 7. That the road allowances included in this draft plan be dedicated as public highways. 8. That the rUdd allowances included in the plan be named to the satisfaction of the Town of Newcastle. 9. That the Owner reconstructs Somerville Drive from the intersection of the proposed cul-de-sac to Station Street to the satisfaction of the Town of Newcastle Public Works Department. 10. That the Owner bear the costs (100%) of all works on Somerville Road which are necessitated as a result of this development. 11. That the Owner agrees to pay to the Town of Newcastle, the cash value of the five percent (5%) parkland dedication in lieu of parkland. 12. That the Owner agrees to satisfy all other requirements of the Town of Newcastle, financially and otherwise. 13. That the necessary amendment to By-law 84-63, as amended, of the Town of Newcastle, be approved and in effect. 14. That the Owner agrees, in writing, to satisfy all the requirements, financial and otherwise, of the Region of Durham. 15. That the Owner covenants and agrees to negotiate with the Town of Newcastle a cash contribution for Fire Protection purposes. . . .2 i Page 2 of ATTACHMENT NO. 2 TO REPORT PD-227-86 TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-86017 16. That the Owner agrees to satisfy the requirements of the Region of Durham Health Unit with respect to the location on each lot of the well and private sewage disposal system and the submission of a final grading plan. 17. That the Owner agrees to satisfy the requirements of the Ministry of Natural Resources as specified below: a) Prior to any grading or construction on the site, the Owner shall erect a snow fence or other suitable barrier along the top of the valley slope. This barrier shall remain in place until such time as all grading, construction and landscaping of the site are completed, and shall be maintained to prevent the placement of fill or removal of vegetation within the valley system of the subject watercourse. b) Prior to any grading or construction on the site, the Owner shall prepare a stormwater and erosion control plan , which shall be acceptable to the Ministry of Natural Resources. This plan will show all proposed surface drainage works and will describe the means to minimize soil erosion and the direct discharge of stormwater flow into the subject watercourse, both during and after construction. c) The Owner shall provide certification by a professional engineer that the works required by the stormwater and erosion control plan required by b above, have been completed satisfactorily. d) No damming, dredging or alterations will be carried on this tributary of Wilmot Creek without the prior written authorization of the Ministry of Natural Resources. 18. That the Owner agrees to satisfy the requirements of the Ministry of the Environment as specified below: a) Prior to final approval , the owner shall engage the services of a Consultant to complete a Noise Study recommending noise control features satisfactory to the Ministry of the Environment and the Town of Newcastle. b) Prior to final approv al , the Ministry of the Environment shall be notified by a copy of the fully executed subdivision agreement between the developer and the municipality that the noise control features recommended by the Acoustical Report and approved by the Ministry of the Environment and the Town of Newcastle shall be implemented as approved, by requirements of the Subdivision Agreement. . . .3 Page 3 of ATTACHMENT NO. 2 TO REPORT PD-227-86 TOWN OF NEWCASTLE CONDITIONS OF DRAFT APPROVAL SUBDIVISION APPLICATION 18T-86017 c) In the event that a slight noise level excess will remain, despite the implementation of the noise control features, the following warning clause shall be included in a registered portion of the subdivision agreement for subsequent inclusion in Offers of Purchase and Sale for the affected lots: "Purchasers are advised that despite the inclusion of noise control features within the development area and within the individual building units, noise levels may continue to be of concern occasionally interfering with some activities of the dwelling occupants. " d) Prior to final approval the Ministry of the Environment is to be in receipt of a Hydrologist's Report which ascertains the availability of an adequate supply of potable water to service the development. The report should comment on existing water quality as well as the potential for cross contamination and well interference. e) Prior to final approval , the Ministry of the Environment shall be notified by a copy of the fully executed subdivision agreement between the developer and the municipality, that the recommendations of the Hydrogeological Report as approved by the Ministry of the Environment, shall be implemented by requirements of the Subdivision Agreement." 19. That the Owner agrees to satisfy the requirements of the Ministry of Transportation and Communications with respect to land use permits.