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HomeMy WebLinkAboutPD-206-82 4 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL.(416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF DECEMBER 13, 1982 REPORT NO. : PD-206-82 SUBJECT: OFFICIAL PLAN AMENDMENT APPLICATION PARKING CONTROLS (MARKHAM) LIMITED PART LOT 26 & 27, CONCESSION 5, DARLINGTON FILE: 82-32/D RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-206-82 be received; and 2. That the Region of Durham be advised that the Town of Newcastle recommends approval of Application 82-32/D, submitted by Parking Controls (Markham) Limited, to amend the Durham Regional Official Plan to redesignate a 46.6 ha parcel of land in part of Lots 26 and 2.7, Concession 5, former Township of Darlington , from Permanent Agricultural Reserve (with indication of Hazard Lands) to Major Open Space, subject to the following conditions : } I rV, all Report No: PD-206-82 . . ./2 a) That only those portions of the subject site currently designated "Permanent Agricultural Reserve" be redesignated to "Major Open Space" ; and b) That those portions of the subject site currently designated as "Hazard Lands" and "Environmentally Sensitive Areas" retain these designations ; and c) That the proposed Official Plan amendment not be approved until the Town of Newcastle has entered into a Development Agreement with Parking Controls (Markham) Limited with respect to the development of the golf course component of this proposal . 3. That a copy of this Report and Council 's Resolution be forwarded to the Region of Durham. BACKGROUND: On July 27th, 1982, the Region of Durham notified the Town of Newcastle that it had received an application to amend the Durham Official Plan. The application, submitted by Parking Controls (Markham) Limited, proposed the redesignation of a 46.6 ha (115.1 acre) parcel of land in Part of Lots 26 and 27, Concession 5, former Township of Darlington from Permanent Agricultural Reserve (with indication of Hazard Lands) to Major Open Space for the purpose of developing a golf course and sod farm. i i Report No: PD-206-82 . . ./3 Staff note that an amendment to the Official Plan of the Former Township of Darlington is not required, since the subject site is designated as Agricultural , which permits recreational uses. The Region advised the applicant that portions of the site were designated as Environmentally Sensitive by the Official Plan, and that Section 1 .3.9 of the Plan requires that , prior to approving development applications within such an area, the area municipality shall conduct a study to determine, among other things , the type and degree of environmental sensitivity and the compatibility of the proposed development with the natural environment. Subsequently, Town staff provided the applicant with a copy of the Town 's requirements for such an environmental analysis, and advised him that staff would not be in a position to make a recommendation on the proposal until the required analysis has been carried out to the Town 's satisfaction. In accordance with Departmental procedures , the subject application was circulated to various departments and agencies for comments. The following is a list of the comments received: Town of Newcastle Public Works Department "We have reviewed the subject application and submit the following comments: 1 . That the owners enter into a Development Agreement , to the satisfaction of this Department. 2. That the Agreement specifically recognizes the deficient status of the road. 3. That the present road allowance be widened and upgraded, to the present Town of Newcastle Design Standards." �J Report No: PD-206-82 . . ./4 Town of Newcastle Community Services Department "I perceive no problem with the golf course and sod farm; however, a driving range and putting practise area should be included in the plan." Town of Newcastle Fire Department "no objection" Region of Durham Health Unit "no objection" Trans-Canada Pipelines "We have carefully reviewed the proposal and because it will affect our two pipelines at this location, would like to make the following requests: 1 . Our easement rights prohibit excavation and structures from being located on the right-of-way. We have had previous experiences with golf courses being located on our easements, and found such land uses to be compatible with our operations, provided some advanced planning is undertaken. 2. To allow for any future pipeline construction and regular maintenance, we ask that all buildings, such as a club-house, be set back at least ten metres from our easement. 3. If grading is to be undertaken for the golf course, we will require advance notice of such operations. From a safety standpoint, we recommend that any grading plan which involves the right-of-way be circulated to us for comments. Trans-Canada's written permission will be required prior to any grading on our right-of-way. 4. Please note that any utilities , irrigation works or other services which may be planned to cross the pipeline must first receive authorization from the National Board under their General Order No. 2. 5. To allow arrangements for a Trans-Canada representative to be on site before heavy equipment is moved across the right-of-way, or to arrange for pipeline easement staking, our District Office should be advised forty-eight hours in advance. " i i Report No: PD-206-82 . . ./5 Inter-Provincial Pipelines Limited "We have no objections to the application as submitted. Our prime concern is that the owner be aware of the pipeline and our sixty foot wide easement across the property, and the restrictions of clauses 1 and 2, in the easement, which reads as follows : 1 . The owner shall have the right fully to use and enjoy the right-of-way except as may be necessary for the purposes herein granted to the company provided, however, that the owner shall not, without the prior written consent of the Company, excavate, drill , install , erect or permit to be excavated, drilled, installed or erected on , over, under or through the right-of-way any pits, wells, foundation, pavement, building or other structure or installation. 2. Notwithstanding the provision to clause 1 . above, the company will not object to: a) the paving of existing farm lanes, private roads, driveways and sidewalks across the right-of-way, b) the erection by the owner of fences on the right-of-way or any portion thereof, or c) the construction by the owner of drains or his repair of existing drains on the right-of-way or any portion thereof."" In addition, the Town received copies of comments provided to the Region as a result of their circulation of the application. The following is a summary of these comments : Ministry of Agriculture and Food "no objection" Ministry of Natural Resources "We have no objection to the redesignation to "Major Open Space" of the majority of the property; however, we believe that those areas shown on Map A-5 of the Official Plan as "Hazard Lands" and "Environmentally Sensitive Areas" should retain these designations. I Report No: PD-206-82 , ../6 Farewell Creek crosses the eastern portions of the subject property. The floodplain of this creek would be subject to significant flooding under "Regional Storm" conditions . The extent of potential flooding has been mapped by the Central Lake Ontario Conservation Authority. Since it is a policy of this Ministry to oppose development in flood prone areas , we recommend that those areas below the Regional Floodline should not be redesignated in the Official Plan. Furthermore, this portion of Farewell Creek is considered to be a cold water trout stream which is susceptible to degradation. It is, therefore, important that vegetative buffer zones be retained where possible and that sedimentation and chemical contamination be prevented. The provisions existing in the Official Plan for Environmentally Sensitive Areas" should adequately look after Ministry concerns for this creek. Therefore, we have no objections to the redesignation of those portions of the subject lot presently designated "Permanent Agricultural Reserve Areas". However, we recommend that those lands shown as "Hazard Lands" and "Environmentally Sensitive Areas" should retain these designations." Central Lake Ontario Conservation Authority "The lands in question include the forested, steeply sloping valley of Farewell Creek. The natural attributes of the Farewell Creek system in this area provides significant wildlife habitat and support a cold water fishery. Previous reports of good water quality are supported by the presence of brown trout and representative aquatic invertebrates. The proposed uses of the site could result in sedimentation, damage to vegetation and slopes , and the transmission of fertilizers and herbicides to the adjacent water course. Impacts could also be associated with the upgrading of the road allowance between Lots 27 and 28, should this be required for access purposes. Those lands to the east of the road allowance between Lots 26 and 27, should not be redesignated to Major Open Space, but retain the existing designation. In spite of the expressed concerns, we would have no objection to the redesignation of those lands to the west of the road allowance between Lots 26 and 2.7 subsequent to the submission and approval of an Environmental Impact Analysis and appropriate mitigative measures. Authority staff would appreciate the opportunity to provide input during the preparation of the Environmental Analysis for the site." Report No: PD-206-82 . . ./7 COMMENTS: The applicant submitted an Environmental Impact Analysis of the proposed development to Town staff in early October. The Study indicated that an eighteen-hole golf course would be situated in the north-west portion of Lot 27, and that a sod farm and driving range would be located in the south-west and south-east portions respectively of Lot 27. The applicant intends to use the existing farm house in the middle of the property as the club-house facility. There is an existing electric supply system, sewage disposal system and well , and storm waters drain naturally to ditches surrounding the south and west sides of the property with underground tileage installed in the north-west and south-west sections. A thirty-three foot gravelled road allowance between Lots 27 and 28 currently provides access to the farm buildings. In general , the majority of the subject property consists of well -drained open table lands currently used for corn and hay production, while the south-east portion of the site is occupied by Farewell Creek and associated valley lands. This latter area has been identified as providing significant wildlife habitat and supporting a cold water fishery. A preliminary Feasibility Study conducted by a golf course consultant indicated the subject property exhibits much potential for development as a golf course. The applicant proposes to locate the golf course, sod farm and driving range on the table land portion of the site. The table land, which slopes gradually to the south and east, possesses soils of the Bondhead Loam type, which are characteristically gray-brown loam over light brown and clay loam. It is expected that the replacement of tilled soil i i Report No: PD-206-82 . . ./8 with a permanent manicured grass surface would reduce the incidence of soil erosion due to surface run-off and wind exposure. The amount of fertilizer and herbicide applied should also be reduced, thereby reducing the potential for soil and ground water contamination. Nevertheless, surface run-off and water collected by the underground tile bed system would be directed into a percolating pond to be located in the south-west corner of the property where any contaminants would be filtered out before the water entered the ground water system. In addition, it is planned to relocate a chemical storage shed so that, in the event of a chemical spill , the chemicals would run over land into this pool . No trees will be removed as a result of the development. The creek and valley lands along the eastern portion of the site exhibit the greatest environmental sensitivity. Although it is not intended to extend the proposed development into these lands, there is some concern that golf balls and people from the adjacent driving range could stray into the ravine. Therefore, the applicant has proposed to erect an architecturally designed fence along the eastern edge of the driving range to prevent entrance into the ravine by both people and balls. No significant views on and off the site would be affected by the proposed development. The fence adjacent to Farewell Creek Valley would be partially screened by a berm and landscaping. i Report No: PD-206-82 . . ./g After reviewing the Environmental Impact Analysis and consulting with Central Lake Ontario Conservation Authority staff, Town staff are satisfied that the proposed development would not adversely affect the natural environment or the agricultural potential of the subject site. Staff note that the proposed development would be confined to the table land portion of the site, which is designated Permanent Agricultural Reserve by the Official Plan. The valley lands associated with Farewell Creek, designated as Hazard Lands and Environmentally Sensitive Areas , would not be affected by the proposed development. Despite this latter fact, however, staff recommend that Council advise the Region of Durham that only that portion of the site designated Permanent Agricultural Reserve be redesignated to Major Open Space, and that the lands designated Hazard Lands and Environmentally Sensitive Area retain those designations. This would ensure that the Official Plan would continue to emphasize the environmentally significant and sensitive qualities of the valley lands. The Public Works Department identified the status and condition of the road accessing the site as an issue of concern. As well , Inter-Provincial Pipeline Limited and Trans-Canada Pipeline Limited listed a number of matters with respect to their pipelines crossing the property that need to be addressed. Staff therefore recommend that these and other issues be dealt with through a development agreement between the applicant and the Town. Report No: PD-206-82 . . ./10 Staff further recommend that Council advise the Region of Durham that the proposed redesignation be delayed until this Agreement has been negotiated to the satisfaction of the Town of Newcastle. Respec 1 itted, T. T. Edwards, M.C. I.P. Director of Planning JAS*TTE*mjc ov ber 29, 1982 KEY MAP FORMER TOWNSHIP OF DARLINGTON LL29 LOT LOT i LOT LOT- LOT LOT I LOT LOT 1 LOT 3 28 I 27 26 ( 25 24 1 23 22 1 21 ( 20 I I I I 1 I i w o CKEEK I I v I I i I i 1 SOLINA I I I I I I I I 1 I i I I I 1 I i I I I 1 I I I I I I I 1 i I I I I I I a I I I I i I I i I I I I I I I i I I I I I Iz I SUBJECT SITE I I i I I I i i i I I i i 1 i I i I I I 1 i I i i I i I I I I I I I ( I I I I I I I I I I I ( I 1 I I I I I I i t i I i I Iq i I I I I 1 I I I I I I 1 I I I I Iz 1 ° I i I I i I 1 I I I I 0 250 500 1000M FILE 82-32/ D 500 Ion j