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HomeMy WebLinkAboutPD-9-82 1t CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P.,Director HAMPTON, ONTARIO L081JO TEL. (416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF JANUARY 25, 1982. REPORT NO. : PD-9-82 SUBJECT: Proposed Plan of Subdivision 18T77067 Part of Lot 8, Concession 7, former Township of Darlington Ray Abbott and Murray Marchant File No. : S-A-1-11-3 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following:- 1. That Report PD-9-82 be received; and 2. That the Minister of Municipal Affairs and Housing be advised that the Town of Newcastle recommends draft plan approval of Plan 18T77067, subject to the following conditions:- (i) That this approval shall apply to draft plan dated November 18, 1975, prepared by Merrill D. Brown Limited, and revised on June 26, 1981. (ii) That the future road allowance included in this draft plan as Block 'A' be dedicated as a public highway and that a 0.3 m reserve be granted to the Town along the west, north and east limits of said Block 'A' . (iii) That a cash in lieu of park land be paid to the Town of Newcastle pursuant to Section 33 (8) of the Planning Act, R.S.O. 1970. (iv) That the necessary amendment to Restricted Area (zoning) By- law 2111, as amended, of the Town of Newcastle shall be approved and come into effect subject to the provisions of Section 35 (10) of the Planning Act, R.S.O. 1970 and that said amendment contain provisions restricting the use of those portions of lots 2 through 7, inclusive, adjacent to the small tributary of the Soper Creek, which have been identified by C.L.O.C.A. as being poorly drained or within the Regional Storm flood plain. (v) That the Onwer shall enter into a Subdivision Agreement with the Town of Newcastle to include, I i �r I Report No. : PD-9-82 . . . .2 in addition to the Town's usual requirements, the foll-owing provisions:- That the Owner agrees: (a) to satisfy the requirements of the Region of Durham Health Unit as specified below: (1) that Lot 7 be serviced with an aerobic Class 6, sewage disposal system. (2) that individual drilled wells be installed on Lots 1 thru 7. (3) that a lot servicing plan be submitted for each lot indicating the location of homes, wells and sewage systems, as well as 100% replacement areas for disposal beds. (b) to neither place nor remove fill, dredge, dam nor divert the Soper Creek stream without written approval from the Central Lake Ontario Conservation Authority and the Ministry of Natural Resources; (c) to prepare a functional storm drainage report for the subject land and abutting lands, to be approved by the Town and the Central Lake Ontario Conservation Authority; (d) that Block l(one) be dedicated to the Town free and clear of all encumberances for road widening; (e) to design and construct all works in accordance with the Town of Newcastle Design Criteria; (f) to service the subdivision by way of overhead primary and underground secondary service wires, to the approval of the Ontario Hydro. (g) to acquire and grant to the appropriate authority free and clear of all encumberances such on or off site easements as may be required for utility or drainage purposes; (h) to satisfy all requirements of the Town, financial and otherwise concerning the provision of roads, installation of services and storm drainage including a cost sharing agreement for the up- grading and reconstruction of the road allowance between concessions 6 (six) and 7 (seven) abutting the plan of subdivision and including the provision of a reservoir for fire fighting purposes in accordance with Town Policy; Report No. : PD-9-82 . . . .3 that the development of the plan will be subject to architectural control by the Town of Newcastle; (J) - P{Mr,N DM&K.f. (vi) That' the Owner agrees in writing to satisfy all require- ments,financial and otherwise, of the Region of Durham concerning the provision of roads and other Regional services. Background: In July 1977, the subject application for draft plan of subdivision r was submitted to the Town for approval. Through the circulation of this application, staff had received several concerns from the various agencies and departments involved. As a result, the applicants had submitted several revised plans in an attempt to rectify these problems. On June 26, 1981 staff received a copy of a revised plan from the applicants which in staff's opinion had eliminated the concerns and problems with this plan, and have therefore proceeded with the processing of this subdivision. The subject plan is located within the Hamlet of Tyrone, situated on the north side of the road allowance between Concessions 6 and 7. The applicants are proposing the development of a 2.8 hectares (6.99 acres) parcel of land; the proposed draft plan indicates 7 single family resi- dential lots. The subject plan of subdivision conforms to the Region of Durham Official Plan, in that the plan is located within a designated "Hamlet" where residential development in the form of minor internal infilling and/or minor additions to existing development is permitted prior to the preparation and approval of a development plan. The proposed draft plan of subdivision is considered as being minor residential development for this Hamlet. Report No. : PD-9-82 . . . .4 In addition, the proposed development plan for the Hamlet of Tyrone identifies the subject lands as "short term residential expansion" which would permit a limited amount of residential development to proceed within the Hamlet. The site is presently zoned "D-Deferred Development" by Restricted Area (zoning) By-law 2111, as amended, of the former Township of Darlington. An amendment to the By-law would be required in order to permit the development of the site as proposed by the subject draft plan. In accordance with departmental procedures the proposed plan was circulated to the following agencies/departments for comments: Region of Durham Planning Department: "The subject lands are located adjacent to Tyrone, a designated hamlet in the Durham Regional Official Plan. Minor internal infilling and/or minor additions to existing development are permitted prior to the preparation of a development plan for the Hamlet. We consider this proposal to be minor in nature and it does not appear to jeopardize future development options for Tyrone. The proposal, therefore, conforms to the Durham Plan. We would also point out that Section 10.4.2.4 requires that an application for a plan of subdivision shall be accompanied by a detailed engineering report based on test drilling which confirms i) an adequate supply of potable water, ii) soil conditions suit- able for the effective operation of a private waste disposal system, and iii) an adequate separation between the water table and septic the fields. In addition, be advised that Regional staff will be recommending the following conditions of subdivision approval to the Planning Committee and if approved the said conditions will be implemented through a Subdivision Agreement: (4) That the subdivider pay for those service charges and develop- ment charge levies which are in effect at the time of regis- tration of any portion of this plan. Said service charges shall pertain to those services which are the responsibility of the Regional Municipality of Durham. Report No. : PD-9-82 . . . .5 (b) That the subdivider obtain approval of the Ministry of Environment for the installation of septic tanks and individual drilled wells, and such approval be obtained prior to the release of the final plan for registration. (c) That the owner agrees in writing to satisfy all the require- ments, financial and otherwise, of the Region of Durham concerning the provision of roads and other Regional services." Durham Regional Health Unit: "This will confirm that Lot 7 in the above proposed subdivision may be serviced with an aerobic Class to sewage disposal system, which would negate the need to combine this lot with Lot 6. Our Public Health Inspector must, of course, approve the location and installation of the system. Individual drilled wells must be installed on each lot, unless a piped water supply is to be provided to the subdivision. A lot servicing plan should be submitted, indicating location of homes, wells, and sewage systems, as well as 100% replacement areas for disposal beds." The Central Lake Ontario Conservation Authority: "Authority staff has completed a review of this proposed plan of subdivision date June 26, 1981, indicating 7 lots and block A, Future Road. We note that the latest plan has proposed lots partially within the regional storm floodline and partially within a poorly drained area adjacent to a small tributary of the Soper Creek. In October 1977, the Authority reviewed a similar layout for the site and recommended a redesign. In February 1979, we reviewed and expressed no objections to a plan revised in accordance with our 1977 recommendations. Since the plan now circulated for comment encroaches into those areas referenced in our 1977 letter, we are unable to recommend the 1981 submission for approval. The poorly drained area and the regional storm floodplain should be eliminated from future building lots, and incorporated into an open-space block which will extend into block B when that area is scheduled for develop- ment." Ministry of Natural Resources: "The revised plan dated December 13, 1977 has been reviewed and is acceptable. Soper Creek is an important coldwater trout stream and should be protected during and after construction. We would suggest the following measures to reduce the impacts of siltation and erosion:- Report No. - PD-9-82 . . . .6 1. Excavation and grading, particularly on slopes, should be minimized and reseeded promptly after construction. 2. Grading and drainage should be designed to minimize the potential for erosion and siltation. 3. We would suggest that the stream valley should be planted and maintained in appropriate nature species of trees. 4. There should be no alterations to the stream by filling, dredging, damming or diverting, without prior written approval from this office." Ministry of Agriculture and Food: "Staff of the Ontario Ministry of Agriculture and Food have reviewed the above plan, and consideration has been given to it in view of the present goals and objectives of the Ministry and the guidelines on land use which support these goals and objectives. A review of the subject area indicates that it consists of a soils complex of 80% Class 1 and 20% Class 4, as defined by the Canada Land Inventory, and is presently in corn production for the most part. Although normally such soils are included in the Ministry's definition of high capability agricultural land which we would prefer remain available for agricultural use, we recognize that the proposal is adjacent to the existing build-up area of the Hamlet of Tyrone. Moreover, since the present proposal calls for the development of a strip of 10 residential lots, this would seem to comply with the Regional Plan's hamlet policy, 10.4. 1.4 of limited, minor hamlet growth. If it is desire4ble to permit some limited growth in Tyrone, we note that this direction is preferable to development than in any other direction which would adversely affect livestock operations and possibly conflict with the M D S provisions of the Agricultural Code of Practice. Therefore, for these reasons please be advised that we have no objection to the proposed subdivision at this time. However, before any more growth is contemplated for Tyrone we would recommend that a Regional study or district plan be under- taken to determine the size and location of any future outward Agricultural soil capability and location of existing livestock operations." The Northumberland and Newcastle Board of Education: "no objections" 50 Report No. : PD-9-82 . . . .7 The Peterborough-Victoria- Northumberland and Newcastle Separate School Board: "An ultimate approval of the subject application would not adversely affect the plans of this School Baord." Ontario Hydro: "Please be advised that our existing facilities would be adequate to supply electrical service to the proposed subdivision as and when such service is required." Newcastle Works Department: "1. That the owners enter into a subdivision agreement with the Town and the Works Department be kept informed of the status of same at all times. 2. That Bl6ck 1 (one) be dedicated to the Town free and clear of all emcumberances for road widening. 3. That any and all easements required by the Town be granted free and clear of all encumberance. 4. That the owner enter into a cost sharing arrangement for the upgrading and reconstruction of the road allowance between Concession six and seven abutting this plan of subdivision. 5. That all required services including sidewalks and street lighting be designed and constructed in accordance with Town of Newcastle design criteria and standard drawings. 6. That a future street pattern be indicated for land shown as future development. 7. That the subdivision be serviced by Ontario Hydro with over- head primary and secondary and underground service wires." The Newcastle Fire Department: "The Town of Newcastle Fire Department has no objection to the above application, as it appears to be in conjunction with the proposed Development Plan for the Hamlet of Tyrone, Part III - Section 13." (Staff note that subsequent to reciept of the Fire Department comments the Town has adopted a policy in respect of rural residential fire protection which will require the provision of a water reservoir for fire protection purposes. This item has been included within the conditions of draft plan approval and will be addressed through the terms of the sub- division agreement. Report No. : PD-9-82 . . .8 The Newcastle Building Department: "The lots in the above noted proposed plan of subdivision do not comply with zoning by-law requirements for lot area and frontage in a Deferred Development (D) zone.." Comments: As a result of staff's circulation of this application, the major concerns identified related to the servicing of the proposed subdivision and the portion of the lots which are partially within the regional floodplain of the tributary of Soper Creek. With regards to these concerns staff note that the problem with providing private services for these lots could be addressed as a specific requirement within the subdivision agreement. The Central Lake Ontario Conservation's concern regarding a portion of the lots being within the floodplain will be controlled by including a "restricted building area" provision within the By-law amend- ment in order to prevent any building within this floodplain area. In addition, staff note that all other matters identified through the circulation have been addressed by the conditions of draft plan apporval, as recommended by staff. Therefore, since the proposed plan of subdivision generally complies with the Durham Regional Official Plan and the draft Tyrone development plan, and since there were no major objections received through circulation staff would have no objection to recommending draft plan approval of this plan subject to the conditions specified by staff. Respectfully, submitted, � 1 T. Edwards, M.C.I.P. , P,t,cc Deputy Director of Planning December 14, 1981