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HomeMy WebLinkAboutP-23-78 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING DEPARTMENT TELEPHONE 263-2231 - HAMPTON, ONTARIO, LOB 1JO TO: Chairman and Members of the REPORT NO. P-23-78 Planning and Development Committee PATE: March 139 1978 SUWECT: Application for Zoning Amendment No. Z-A-1-15-4, Part of Lot 18, Concession 7, Darlington - Oakland Developments. 1. =ose of Application On Au,�zst 12, 1977, an application was submitted for the rezoning of a 30 acre site in part of lot 18, Concession 7, Darlington, to permit the development of a 44 lot subdivision which t-ras granted draft approva'1. by the Ministry of Housing. 2. Official Plan Provisions (a) Daxlkijdon Official Plan The subject site is designated "Suburban Residential" and "Agriculture" in the Darlington Official Plan.. However, since Section 5(4) of the plan indicates that"the boundaries of the various land use areas indi- cated on the Plan are approximate only and it is not intended that amendments will be required for minor variations". The whole site could be considered to be designated "Suburban Residential.". The proposed plan will be serviced by a coim=al well. This appears to conflict with Sections 2(2) and 30 ) of the Plan, which., states as follows: "2(2) Suburban residential development areas axe p'.rovided around the small unincorporated Villages where a limited amount of growth is expected may take place on large lots not requiring =ban water and sewage facilities". 9(1 ) It is the intention of the Flan that development will be permitted on septic tanks and domestic wells providing soil conditions are sa.tisfaot="ill. - 2 - (b) Region of Durham Official Plan The site is designated "Hamlet" in the proposed Region of Durham Official Plan. Although section 10.4.2.1 of the Plan requires the preparation of a District Plan before development is permitted in a Hamlet. Section 10-4.2.8 exempts this specific subdivision proposed on the subject lands from this requirement and the re- quirement that development proceed by private wells and septic tanks. 3. Zone Provisions The site is presently zoned "Deferred Development" and "Agriculturen in the Darlington Zoning By-law. The applicant is requesting that the site be zoned '!R3". 4. Circulation of Application The subject application was circulated to the following agencies for their comments: 1. The Durham Planning Department 2. The Durham Works Department 3. The Durham Health Unit 4. The Ministry of Natural Resources 5. The Central hake Ontario Conservation Authority 6. The Newcastle Works Department. All of these agencies replied. 5. Resum& of Comments. 1. The Durham PlEmin; Del)a.iMnt made the following comments: The Darlington Official Plan designates the oubject site pri.maxily "Suburban Residential". Proposal appeaxo to conform. The Durham Region Official Plan deozgna,tes the subject lands as "Hamlet". In view of Section 10.4.2.8 of the Regional Official flan, permit- ting the development of the subject oubdivision, the proposed re- zoning would appear to conform. 2. The Durham WoLk De artment made the follot-ring, comments: The Regional Works Department has no objections to the above noted applications, however, we wish to provide the fol.lou Jmr, information with respect to Regional. Services. - 3 - As you axe aware, the development related to this application received draft approval from the Ministry of Housing on Jamary 24, 1974, with additional conditions being imposed on May 109 19749 reflecting the requirements of the Region. Approval by the Ministry allows the development to proceed on the basis of a communal water supply system, for all lots within the plan. This proposal was endorsed by Regional Council Resolution on July 21, 1976 providing for a communal water supply system designed in accordance with the Region's Policy for Small Water Systems. A copy of the aforementioned Council Resolution is enclosed for your files. Subsequent to Regional Council approval of the subject development, the Regional Works Department on August 99 19769 received correspondence and copies of the revised draft plan of subdivision from Oakland Developments requesting comments on the new aIi,,_unents for internal street patterns. Our reply on August 259 1976, requested revisions to the alignment of the street pattern with respect 'to the intersection at Regional Road No. 3. Our reply also sua ested that these revisions be discussed with the Town of Newcastle to resolve any problems there may be from the Town's point of view. We axe now taking the opportuni-149 through our comments on the rezoning application, of requesting that the rectLiremento of the Region as contained in our correspondence of Au-izst 25, 1976, be incorporated ao a revision to the draft plan of oubdivision.. in conclusion, we wish to advise that the developer will be required to enter into a Subdivision Agreement with the Regional. Phmicipality of Durham based on approval by the Ministry of Ilouning to Plan of Stiabdivision 18T-p24002. Said agreement, among other thing will -require the payment of Develop- ment Chas.gv Levies in accordance with Regional Policy and will cover also all x:eg*uirements, financial and otherwise, pertaining to Regional Services. 3. The Durham Health Unit advised that They approved of the proposal, subject to the following conditions: 1 . A piped water supply is to be provided. 2. Plot plans are to be submitted showin location and size of houses before any septic tank per raito az°r, :issued. 3. Additional test holes may be required on some lots to determine sizes of disposal. systems. 4. The Ministry of Natural Resources made the folloNring comments: "A tributary of the Bowmanville Creels flo�,N through a Swale _ 4 along; the east portion of the property and becomel a flowing stream in the southeast quarter. The valley of this otrema should be con- sidered in the lot dosign of this plan, and placed in a separate block which could be zoned for open space uses. This would remove the threat of flooding and erosion from MW of the lots, and reduce the threat of erosion, silt and nutrient contaminants affecting the creek dowmetream, which is a hir quality out fishery. Our field observations, and aerial photo check could not confirm the location of the stream as it is showm on the plan. In actual fact it may be somewhat farther west, and intrude more seriously on more of the lots - the westerly top of bank being about 600 feet, and the creek itself being about 780 feet from the Old Sougog Road near the south end of the property. Based on the above we have no objections to approval of the plan, subject to the following conditions: 1. Redesign to create a separate valley land block; to be shown on an accurate topographical plan of the property. 2. Zoning of the valley block for open space uses only. 3. That no fill be placed nor removed from the valley land block, nor any alterations or diversions of the stream constructed without prior written consent of this 1inistry and the Central. Iake Ontario Conservation Authority. 4. That an effort be made -to control erosion on the site during and after the construction period - by ensuring that grades axe no steeper than 3:1 , and by re-planting exposed earth as soon as possible after construction. (Our scaling of the air photographs indicates that the Ministry Of Natural Resources comments appeax to be co=eot). 5. The Central Iake Ontario Conservation Lu-thority advised That they had no objection to the proposal. They recommended that lots 27, 28 and 29 be developed acoording to site plans and lot grading plans acceptable to C.L.O.C.A. and the Town of Newcastle. 6. The Newcastle Works Department advised that a subdivision agreement is required including provision for a drainage plan. They also wanted access prevented from the east side of lot. 22 and the west side of lot 23. They suggested that the entrance onto Sougog Street should be further considered along with improvements which may be needed to SoupDg Street itself. - 5 - Staff Comments In 1974# the Planning Advisory Cojmuittee reviewed the above sub- division proposal. A number of adjacent residents attended the meeting. They expressed concerns about the traffic generated in the two small lanes adjacent to the proposed subdivision and the impact of the proposed development, especially the proposed munici- pal well, on their own private wells. In order to resolve these problems, the plan was revised to eliminate connections with the adjacent lasses for vehicular traffic. The owner's hydrologist also submitted a test drilling report indicating the presence of a deep aquifer capable of serving the proposed subdivision and the remainder of the existing hamlet if necessary. The hydrologist also reported that the new nnuiicipal, well would have no effect on the existing shallow wells in the area and minimal, effect on the existing deep wells in the area (e.g. Enniskillen Public School). Nevertheless, we axe aumpsting that appropriate guarantees be inserted into the subdivision agreement with the Region to provide a fail-safe protection to existing residents. The extension of the subdivision street system to connect with :Durham Road 3 has reduced the proposed parkland area in the plan and the re-alignment of the intersection t.rith Regional Road 3 re- quested by the Durham Works Department would further reduce the park area. To comply with the 5% requirement of the Planning Act, the parkland area should be at ].east 611,752 sq. ft. and this should be exclusive of any small unu.oable parcels and any open apace blocks required for conservation purpooes. We note also that there will apparently be a need for at least one storm drainage easement to connect the proposed subdivision street system with the adjacent natural watercourse. RECOMMMATIONS 1. It is recommended that the subject land be rezoned to an appropriate residential and open space categories upon satisfaction of the following conditions: .. 6 .. a) Approval by the Minister of Housing of the Regional Official Plan or portions thereof relating to the subject development (thus' over-riding the non-conformity with the Darlington Official Plan). b) Submission of a revised plan of subdivision by the applicant indicating the following changes: i) Realignment of the intersection with Durham Road 3 to- gether with daylighting triangle and 1 foot reserves as requested by the Durham Wor.ke Department in August 25, 1976. ii) Provision of a 10 foot walcvay at the end of the northern- most cul-de-sac. iii) Designation of the road allowance leading to the southern limit of the plan as a blocI: to be conveyed to the municipality. iv) Provision of an open space block for conservation purposes in the southeast corner of the plan to the satisfaction of the Ili.ni stnj of Natural Resources. v) Enlargement of Bloch A to a minimum of 619752 sq.ft. ex- clusive of any area required for the Regional Well and Pumphouse. vi) Provisionr.of easements for storm diaixiwgre to the satis- faction of the Town of Newcastle Wo:cks Department. c) mntry by the oiaier into a aubdivision agreement with the Region of Durham which provides foir: i) Construction of a nmioipEO. well and water system capable of supplying both the proposed subdivision and the existing hamlet if necessary. ii) Guarantees that the supply of grater to existing dwelli zs and other buildings will be r ointained dinning construction if a tempo-rau. interruption of the grater supply occurs. 7 - iii) Guarantees that existing dwellings w113. be supplied with water through the extension of imter mains or the deepening of private wells at no cost to the existing comers if a long term interruption of water supply occurs. d) Rntry by the developer into a subdivision agreement with the Town which shall include provisions for architectural controls to ensure that now housing is compatible with the historical character of the village. 2. It is recommended that the Town Mere,-er be instructed to prepare the necessary subdivision -MTeement in consultation with approp- riate staff upon submission of the revised platy required above. 3. It is recommended that a copy of this report be fo3ntaxded to the Durham Works Department to advise there of the Town°s requests regarding water supply. Hes'pectfuloly submitted, George F. Howd.en, To= I'l.anner. 1 LOT 26 23 24 23 11 22 21 �� 20 19 LOT 18 77 11 NINTH H LINE I ' I 0 II I tl I II II EN 1SKILLEN I I R 1 A R AO NO. 3 11 11-'1 II jj 1 SITE II II I 11 I mn ji II 4�v c u � _ u �P.E.P11 H SEVENTH LINE go ii � ail t !I tl ii II ' 11 ' 11 11 a 0 v I I