HomeMy WebLinkAboutPD-46-82 4
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CORPORATION OF THE TOWN OF NEWCASTLE
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PLANNING AND DEVELOPMENT DEPARTMENT
HAMPTON, ONTARIO LOB 1 JO TEL. (416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF APRIL 5, 1982
REPORT NO.: PD-46-82
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SUBJECT: PROPOSED PLAN OF SUBDIVISION 18T-81023
PART LOTS 19 and 20, CONCESSION 7,
FORMER TOWNSHIP OF DARLINGTON (ENNISKILLEN)
J . ZURBA, File: S-A-10-15-2
RECOMMENDATION:
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It is respectfully recommended that the General Purpose and
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Administration Committee recommend to Council the
following:
1 . That Report PD-46-82 be received; and
2. That the Region of Durham be advised that the
Town of Newcastle recommends approval of a
revised plan 18T-81023, subject to the
following conditions contained in Attachment 1
to Staff Report PD-46-82.
3. That a copy of staff Report PD-46-82 be
forwarded to the Region.
BACKGROUND AND COMMENTS:
The subject application to create 22 estate-type residential
lots was received by Planning staff on June 15, 1981 . This
application is very similar to a proposal that was reviewed
by the Town in 1976. The proposal was, at that time, deemed
premature pending the completion of certain Regional and
local planning guidelines.
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Report No. : PD-46-82 . . ./2
Since the time when the original application was denied as
being premature, the Durham Regional Official Plan has been
approved. In addition, a development plan for the Hamlet of
Enniskillen has also been approved.
The lands subject to the current application are designated
"Rural Residential" in the Enniskillen Development Plan.
The proposal is in conformity with all applicable policies
and guidelines set out in the approved development plan.
In accordance with the Department's procedures, this
application was circulated to obtain comments from other
departments within the Town. The comments received are
summarized below. Also summarized below are comments which
the Region of Durham received during their circulation of
this application.
Region of Durham Works Department
"Municipal water and sanitary services are not available to
the subject land. Due to the subject land being outside the
urban area of the Hamlet of Enniskillen, the Regional Works
Department has no plans to extend services to this
particular area. Therefore, the proposal has to proceed on
the basis of private servicing.
With respect to the abutting Regional Road #3, the one-foot
reserve as indicated on this draft plan is generally
acceptable to us.
Based on the foregoing, we have no objection to further
processing of this draft plan.
The following Regional Municipality of Durham Works
Department conditions shall be complied with prior to
consent by the Works Department for registration of the plan
of subdivision and said conditions shall form part of the
Subdivision Agreement.
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Report No. : PD-46-32
(a) That the subdivider pay for those service charges and
development charge levies which are in effect at the
time of registration of any portion of this plan. Said
service charges shall pertain to those services which
are the responsibility of the Regional Municipality of
Durham.
(b) That the Owner agrees in writing to satisfy all the
requirements, financial and otherwise, of the Region of
Durham concerning the provision of roads and other
Regional services.
(c) That a 1 '0" reserve on the frontage of Regional Road
#3, as marked in green on the attached plan, be
dedicated, free and clear of all encumbrances, to the
Regional Municipality of Durham."
Durham Regional Health Unit
"This proposal can be tentatively approved by the Durham
Regional Health Unit, subject to the following:
a) The soils report failed to indicate ground water
levels. These will have to be determined before
issuance of any Certificate of Approval for septic tank
systems.
b) A lot servicing plan is required which indicates
locations and size of dwellings, and septic tank
systems, and location of wells.
c) Individual drilled wells to be provided."
Central Lake Ontario Conservation Authority
September 29, 1901
"Authority staff as completed a review of the draft
environment impact analysis for the site of the above
proposal , prepared by Smith, Hoffman Associates Limited,
dated 10 July, 1981 .
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We find the site data, with respect to wildlife and
vegetation, to be particularly well documented. We confer
with the consultant's statement that the proposed
development will have minimal impacts on these attributes of
the study area. This is especially true when the planting
programs, discussed on page 19 and in appendix 4 of the
analysis, are taken into consideration.
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Report No. : PD-46-82 . . ./4
Our main concern for the environmental impact analysis is
section 2.2.3 which describes impacts of development on
groundwater in the area. It is felt that a more detailed
approach in determining subsurface conditions, the potential
for water quality impairment and interference with base flow
should have been taken. The small tributary within the site
flows into the Bowmanville Creek (through Enniskillen
Conservation Area) immediately south of the proposed
development. We consider it imperative to protect any base
flow function that the site of the proposed development may
provide and to ensure that nutrient and chemical inputs to
the Bowmanville Creek do not result from the use of private
sewage disposal systems.
It is recommended that a test drilling program be undertaken
on the site to determine subsurface soil characteristics,
including the presence of aquicludes, and water table
levels. Should water table level determinations indicate
the small tributary on the site to be ephemeral in nature,
it would remain to ensure that surface runoff flowing across
tile fields would not transmit contaminants to the
Bowmanville Creek. Since this proposal is at the
subdivision stage, the above information and a detailed
decription of soil stratigraphy should be submitted for our
analysis. Much site date can be obtained by this field work
which would likely be required at a future date in the
processing of the plan, notwithstanding our request.
Further, if potential yields of test wells appear to be
satisfactory, and are in suitable locations, the test wells
may be converted for domestic use by reaming or reboring.
Subject to our approval of the requested subsurface
investigation, we would be prepared to issue recommended
conditions of draft approval for the plan of subdivision.
It is further requested that the owner's consultant contact
the undersigned prior to intitiating the above field
study."
November 30, 1981
"Further to our letter of 29 September, 1981 regarding the
environmental impact statement for the above site, prepared
by Smith, Hoffman Associates Limited, we have now reviewed
additional soils data provided by the consultant.
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Report No. : PD-46-8 2 . . ./5
The submitted soils information, based on six boreholes,
indicates that the site can effectively be serviced by
private segage disposal systems. In the text of report
accompanying the borehole data, ho4ever, mention is made of
silt and clay subsoil (boreholes 1 and 5) and silt and clay
underlying silt and sand (boreholes 3 and 4) all of Nhich
areas .011 require the importation of fill to facilitate
suitable tile field installation. Borehole 6 ghich
indicates satisfactory grain size is situated in a future
open-space block 4hereas borehole 5, apparently in lot 14 of
the draft plan of subdivision, features a silt and clay
profile and may be more representative of soil conditions in
other lots abutting the open-space block. These conditions,
and the fact that the soils report is a grain-size
distribution only, apparently not indicating cater table
elevations or moisture content and Has carried-out during
the drier (June) period of the year, leave us still someghat
concerned regarding possible 4ater quality impairment.
Based on information submitted for our revieq, eve are
prepared to support the plan for draft approval on the
understanding that a more detailed analysis of subsoil
conditions All be required and that revisions to the plan
may be necessary to implement the report's recommendations."
Ministry of Natural Resources
July 8 , 1981
This revised plan, dated November 6, 1975, has been
revi e,ved. We note that the eastern boundaries of the
residential lots have been adjusted to conform to the fill
and construction limits of the Central Lake Ontario
Conservation Authority. This removes our previously
mentioned major concern about development.
As qe have discussed Nith the environmental consulting firm
investigating this proposal , Bogmanville Creek and its
tributaries are considered to be a sensitive cold Hater fish
habitat. Resident bro4n trout and brook trout have been
found in the area. Furthermore, a fish4ay proposed for the
Hampton Dam All provide access for lake-run rainboN trout.
Since trout are very sensitive to habitat degradation,
environmental protection measures are important. in
particular:
1 . siltation should be prevented, both during and after
development of the lots;
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Report No. : PD-46-82 . . ./6
2. overstory tree cover on the creek should be maintained;
and,
3. drainage of potential contaminants from the site should
be prevented.
Recommendations:
Based on the above, ge would recommend that this plan be
approved subject to the folloA ng conditions:
1 . That the municipality's RA Zoning By-la4 contain
provisions 4hich Nould have the effect of prohibiting
all buildings and structures in Block A except those
necessary for flood or erosion control .
2. That the o4ner agree in the Subdivider's agreement in
4ording acceptable to this Ministry:
(a) that no damming or other alterations to the creek
All be carried out A thout prior 4ri tten
authorization from the Ministry of Natural
Resources.
(b) to neither place nor remove fill of any kind,
,vhether originating on the site or else4here, nor
alter any existing vegetation on Block A A thout
4ri tten consent of the Ministry of Natural
Resources.
(c) To erect a snore fence, or other suitable barrier
along the rear boundaries of Lots 4 to 12
inclusive, to prevent the unauthorized dumping of
fill or alteration of vegetation in Block A. This
barrier shall remain in place until all grading,
construction, and re-sodding on the site is
completed.
In order to expedite clearance of these conditions, a copy
of the signed Subdivider's Agreement should be sent to the
District Manager, Ministry of Natural Resources, 322 Kent
Street West, Lindsay, Ontario, K9V 4U."
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Report No. : PD-46-8 2 . . ./7
Ministry of Agriculture and Food
July 22, 1981
"Staff have considered the proposed consent application in
vieN of the Food Land Guidelines, and based on present
kno4ledge, have no objection to the proposal .
The area is committed for development in the Hamlet
development plan therefore eve have no objection to the
principle of development.
There are a number of livestock operations adjacent to this
subdivision. The application of the Agricultural Code of
Practice affects the proposed subdivision as follo.4s:
Type of Operation Location Actual Minimum Comments
iTstance ccA eptable
Distance
1 . Poultry South of 93 ft. 433 ft. Lots 12-
subdivision 13
2. Horses East of 342 ft. 212 ft. No
subdivision effect
3. Cattle & North of 432 ft. 461 ft. NeN
horse subdivision houses
must be
set back
the
accept-
able
distance
August 5, 1981
"We have no objection to the proposed development providing
the Agricultural Code of Practice is applied. The minimum
acceptable distances are listed in my previous letter.
Attached is a copy of the plan Sri th the distances outlined.
I trust this clarified my previous letter."
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Report No. : PD-46-82
Staff note that, given the concerns expressed by the
Ministry of Agriculture vith regard to distance separation,
the applicants have provided Todn staff Nith a revised plan
that overcomes potential distance separation problems. This
revised plan vas circulated to -the Ministry of Agriculture
for their comments on December 22, 1981 . Staff 4ere advised
by telephone on February 18 , 1982 that Ministry of
Agriculture staff 4ere in support of the revised plan. The
revised plan is attached to this Report and it is this plan
that is the subject of our recommendations.
Ontario Hydro
"The plan has been circulated to the interested divisions of
the Corporation for comment.
We have no objections to the proposed subdivision as
presently laid out."
Northumberland and Ne4castle Board of Education
"The Board, at its last Regular Meeting, revie4ed the
above-noted plan of subdivision.
I have been directed to advise you that no objection is
raised to the subdivision proposal . Ho4ever, 4e gould
advise that transportation 4ould be required for students to
attend M. J. Hobbs Senior Public School ."
Ne4castle Works Department
"I have revieged the subject subdivision and submit the
folloA ng comments:
- THAT a functional report be prepared on storm drainage.
- THAT a revised road pattern be considered as noted on the
attached plan in red.
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Report No. : PD-46-82 . , ,/9
- THAT the revised road pattern include the closing and
conveyance of the road allo4ance betNeen Lots 20 and 21
south of entrance to Subdivision (Subdivision Lot 22).
- THAT the closure of the road alloiance be subject to the
approval of Central Lake Ontario Conservation Authority
and all abutting o4ners.
- THAT upon agreement of a revised road layout the developer
enter into a Subdivision Agreement with the ToNn and the
Works Department be kept informed as to the status of the
agreement at all times.
- THAT all lands required for Sri deni ng of Cambrian Rd. to 66
feet road allo4ances be designated free and clear of all
encumbrances.
- THAT all easements and reserves required by the Torn be
granted free and clear.
- THAT the developer agrees to enter into a suitable cost
sharing arrangement for the upgrading of the road
allogance betNeen Lots 20 and 21 and the Cambrian Road to
present design standards."
Planning staff have revieNed the request by the Works
Department for a revised road pattern and feel that the
request to make the road system a through rather than a
closed system is not in keeping 4ith the concept of Rural
Residential Development. We are therefore not recommending
that such a change be made. We recommend that the road
allo.qance betNeen Lots 20 and 21 not be closed south of Lot
22, but rather, be closed south of the north limit of Lot
16.
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Ne.vcastle Fire Department
"I Nould refer you to correspondence received from Regional
Municipality of Durham dated May 25, 1981 , addressed to Ms.
Gertrude E. Gray, Deputy Clerk/Committee Secretary, in
regards to Policy for Fire Protection Standards, Plan of
Subdivision 18T-24002 and Togn of Ne4castle By-1acv for the
"Hamlet of Eniskillen" for the design of "Small Water
Systems" for fire protection.
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Report No. : PD-46-82 . . ./10
It 4ould appear that the above application ,could be subject
to the Municipal By-la4 and Regional Policy Design for
"Small Water Systems" requiring fire protection."
Ne4castle Building Department
"No Comment"
Ne4castle Community Services Department
The Community Services Department recommends that 5% be
taken in lieu of parkland.
Conclusion
Based on the foregoing, staff have no objection to the
approval of the proposed plan of subdivision subject to the
revisions made to accommodate the minimum separation
distances prescribed by the Agricultural Code of Practice;
and subject to the conditions outlined in Attachment 1
hereto. It 4ould therefore be appropriate for Council to
advise the Region of Durham that the To4n of Ne4castle has
no objection to the approval of draft plan of subdivision
18T-81023 subject to the specified conditions and that a
copy of this Report be for4arded to the Region for their
information.
Respectful]V submitted,
T." T. Ed4ards, M.C.I .P.
Director of Planning
FA/mjc
February 24, 1982
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ATTACHMENT 1 TO STAFF REPORT PD-46-82
TOWNS CONDITIONS OF DRAFT PLAN APPROVAL 18T-81023
1 . That this approval shall apply to a draft plan of
subdivision dated June 11th, 1974, revised on November
6th, 1975 and further revised in red and attached
hereto.
2. That the road allowance between Lots 20 and 21 ,
Concession 7, be closed south of the north limit of Lot
16 and north of Cambrian Road, and, subject to their
approval , that the closed portions be conveyed to the
Central Lake Ontario Conservation Authority.
3. That the road allowance known as Cambrian Road be
closed from the west limit of Lot 20, Concession 7, to
the easterly limit of Lot 12 within the proposed plan
of subdivision, and, subject to their approval , that
that portion of the road allowance be conveyed to the
Central Lake Ontario Conservation Authority.
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4. That the road allowances included in this draft plan be
dedicated as public highways.
5. That the streets in the plan be named to the
satisfaction of the Town of Newcastle.
6. That all one-foot reserves and road widenings shown on
the revised plan be dedicated free and clear of all
encumbrances to the appropriate authority having
jurisdiction over the abutting road.
7. That the developer agrees to enter into a suitable
cost-sharing arrangement for the upgrading of the road
allowance between Lots 20 and 21 abutting the subject
lands from the north limit of Lot 16 to the road
allowance between Concessions 7 and 8 .
8 . That the Owner shall enter into a Subdivision Agreement
with the Town of Newcastle, to include, in addition to
the Town's usual requirements, the following
provisions: The owner agrees to:
a) prepare a functional report on storm drainage for
the subject lands;
b) design and construct all works in accordance with
the Town of Newcastle Design Criteria;
c) satisfy the requirements of the Ministry of Natural
Resources, the Central Lake Ontario Conservation
Authority and the Durham Regional Health Unit
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relative to the development of the subject lands;
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Page 2
d) to provide fire protection facilities in accordance
with the Town's policy for estate lot and rural
residential development.
e) to satisfy all other requirements of the Town of
Newcastle, financial or otherwise.
9. That the necessary amendment to By-law 2111 , as
amended, of the former Township of Darlington, now in
the Town of Newcastle, be approved and in effect.
10. That the owner agrees in writing to satisfy all
requirements, financial and otherwise, of the Region of
Durham.
TTE*mjc
March 10, 1982
KEY MAP
FORMER TOWNSHIP OF DARLINGTON
LOT LOT LOT LOT LOT I LOT 0-T- ' LOT I OT LOT LOT
I 22 21 ( 20 I 19 18 LZ- 16 �� 14 I 13 12
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INNISKILkIN
NAYDAN
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SUBJECT
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