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.
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(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.
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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
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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.
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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:
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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.
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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.
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