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CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT
HAMPTON, ONTARIO L013 1J0 TEL. (416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF MAY 3rd, 1982
REPORT NO. : PD-67-82
SUBJECT: REVISED APPLICATION SUBMITTED BY B. VAN ANDEL
TO AMEND THE DURHAM REGIONAL OFFICIAL PLAN
FILE: 81-28/D
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following:
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1 . That Report PD-67-82 be received; and
2. That the Region of Durham be advised that the
Town of Newcastle has no objection to the
redesignation to "Estate Residential" of those
lands located in Part of Lot 15, Concession 3,
former Township of Darlington, and subject to
Official Plan Amendment application 81-28/D.
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BACKGROUND:
On September 30th, 1981 , the Newcastle Planning Department
received a copy of an application to amend the Durham
Regional Official Plan. The applicant, who owns part of Lot
15, Concession 3, originally proposed to develop twenty-five
(25) estate-type lots on 22 hectares of land.
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Report No. : PD-67-82 . . ./2
The proposal has, however, been revised to address certain
concerns raised during circulation and the applicant now
proposes to develop twenty-three (23) lots. The requested
change in designation is from Major Open Space and Hazard
Lands to Estate Residential and Hazard Lands.
COMMENTS:
In accordance with Regional and Newcastle Planning
procedures for processing Official Plan amendments, the
subject application was circulated to various agencies and
departments for comments. In addition, Regional Planning
staff published public notices in respect of the Official
Plan amendment in order to solicit public input. The
following represents a summary of the comments received:
Central Lake Ontario Conservation Authority
December 3, 1981
"Authority staff has completed a review of the above
proposal and completed a field investigation. We offer the
following comments.
The subject lands include the deeply incised Bowmanville
Creek valley which, in addition to exhibiting flood and
erosion hazards, features high environmental sensitivity
with regard to forest cover, wildlife corridor function and
fisheries concerns. Tree growth on the site is in
mid-climax phase, particularly north of lot 7, and consists
of many notable stands of black cherry, sugar maple,
American beech and hemlock, and smaller areas of cedar, ash
and white birch.
Report No. : PD-67-82 . . ./3
The site of proposed amendment 81-28 is situated on the
beach of former Lake Iroquois. Soils generally outside the
line of vegetation on the site are classified as Brighton
gravelly sand. Bottom land soils predominate within the
forested area and extend to the Bowmanville Creek. The
referenced phase of the Brighton series features rapid
internal drainage; bottom land soils are poorly drained and
subject to seasonal/perennial wetness. During inspection,
many areas within the wooded portion of the site were soft
and slippery under foot or exhibited moderate to steep
topography and moisture-tolerant vegetation. The cool , damp
conditions are ideal for the successful regeneration of
sugar maple, American beech and hemlock, which is now
occurring. The relief of the site and areas of seepage
along the valley walls of the Bowmanville Creek provide
evidence as to the subject land's role in maintaining
hydrologic stability through base flow contribution.
Due to the environmental attributes previously outlined, the
Bowmanville Creek valley in the vicinity of the subject
application is described as being of regional significance
in the Authority's Conservation Planning Study of December
1973. In this regard, the Authority has an acquisition
interest for the site in those lands on either side of the
Bowmanville Creek below the primary topographic break in
slope.
In view of the above and with particular reference to
section 10.3.2.1 , subsection d), we are unable to offer
positive comments on proposed amendment 81-28 at the present
time."
March 24, 1982
"This will acknowledge your request for comments with regard
to the above revised official plan amendment application.
The revised plan, indicating 23 estate-residential lots, has
been prepared subsequent to discussions and a site
investigation attended by the owner, the owner's consultant
and Authority staff. In principle, the limits of the
proposed residential area have been adjusted to our
satisfaction. The open-space section of the plan now
generally provides for the possible public acquisition of
valley lands containing moderate to steep topography, forest
cover and organic soils, or for the creation of a separate
block to be retained by the applicant. Due to snow cover,
it was not possible to positively determine the limits of
organic soils, particularly in the area where lots 6 to 10
abut the future open-space block. In this regard, we wish
to reserve the opportunity to recommend further adjustments
Report No. : PD-67-82 . . ./4
to the residential lot areas of the site during
environmental analyses and the subsequent draft plan
preparation. Extensive areas of organic soils should be
included in the open-space portion of the plan rather than
in residential lot coverage. These areas can best be
determined during the spring to fall period, and preliminary
arrangements have been made to complete this aspect of the
site investigation pending suitable weather conditions.
Our major concern for the site relates to this hydrogeology.
The poorly drained/seepage areas described in our 03
December 1981 letter and the presence of a flowing stream in
the area of lot 8 during our February 1982 site inspection
(-8 0 ) , cause us to suspect the subject lands may play a
major hydrologic role along the Lake Iroquois beach -
Bowmanville Creek valley interface. The extent, degree and
associated limitations of this interaction should be
determined through a detailed hydrogeological analysis
prior to the preparation of a draft plan of subdivision.
Based on the preceding, we do not object to amending the
regional official plan to permit an estate-residential
development on the site of proposed amendment 81-28
(revised) . This position is based on the understanding that
the number and areal extent of residential lots will be
determined by further site meetings and the results of the
requested study of site hydrology.
The applicant should be requested to contact the Authority
to determine our requirements."
Durham Regional Health Unit
October 8, 1981
"The Durham Regional Health Unit can tentatively approve
this proposal , subject to the following:
1 . Lots are to be at least 2 acres in area.
2. Some lots will require raised tile beds.
3. Individual drilled wells are to be provided.
4. A plan showing area and dimensions of each lot, and
location of wells and sewage disposal systems in
relation to dwellings.
5. Minimum requirements for sewage disposal systems include
tanks of 1 ,000 gal . capacity and 400 lineal feet of
tile.
Report No. : PD-67-82 . . ./5
6. 100% replacement areas for tile beds to be shown on
plans for each lot.
7. Plans showing existing and proposed contours at two
metre intervals, as well as details of surface
drainage."
March 1 , 1982
"Please be advised that the Durham Regional Health Unit
offers no objection to the above proposal subject to the
following conditions:
1 . Some lots will require raised tile beds (5 feet of
granular fill ).
2. Individual drilled wells are to be provided.
3. On heavily wooded lots, trees will have to be cleared
on the leaching bed sites.
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4. A plan showing the dimensions of each lot, location of
drilled wells, sewage disposal systems and 100%
replacement areas for tile beds should be submitted."
Ministry of Natural Resources
October 9, 1981
"This proposal has been reviewed and we have no objections
to it. Several of our concerns do affect the site, but it
appears they can be resolved.
Bowmanville Creek is an important coldwater fishery and
tributary to Lake Ontario. As the rainbow trout which occur
in this stream are very susceptible to damage from
pollution, siltation, water heating and obstructions in
their migration routes, we are very concerned with any
possible detrimental impacts on the creek.
In this regard we would suggest that if a plan such as this
is to be considered for the site, the valley area along the
creek should be separated from the rest of the property, and
be retained in a Major Open Space and Hazardland
designation.
50� l
Report No. : PD-67-82 . . ./6
The boundary between the building lots and the valley
appears to follow the conservation authority fill line which
seems sensible. However portions of many lots still slope
toward the creek. This suggests that some control on
siltation, removel of vegetation, and siting of buildings
may be necessary in the Subdividers Agreement at the time of
draft approval .
There is an abandoned pit on the property but the usable
material has been mostly removed. As suggested above, the
design of the lots avoids the floodplain hazard in the
valley."
February 26, 1982
"We have reviewed this revised plan while considering our
earlier comments. We note that the rear lot lines have been
moved up slope, and that the valley lands and slopes have
been designated "Open Space". These changes are in line
with Ministry policy.
Therefore, we have no objections to a change in the Official
Plan land use designations for this property if:
1 . The "Open Space" block will be designated "Hazard
Land".
2. Lots 1-23 will be designated "Estate Residential".
When this plan is recirculated as a draft plan of
subdivision, we will have several conditions to impose.
However, we do not believe that these will cause any
difficulties for the developer."
Ministry of Agriculture and Food
"On behalf of this Ministry, I have reviewed the proposal in
view of the Food Land Guidelines.
Although we have no concern about the principle of
development, we do want to protect the apple orchard located
west of this proposal . In order to avoid potential
conflicts from spray drift we require that houses and
swimming pools be at least 200 feet from the nearest point
of the orchard. This should be a condition in the zoning
by-law. "
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Report No. : PD-67-82 . . ./7
The Peterborough-Victoria-Northumberland and Newcastle
Roman Catholic Separate School Board
"The Separate School Board has reviewed the request to amend
the Official Plan and the information attached. We note the
provision for (25) estate residential single family
dwellings.
The plan proposed would not adversely affect the present or
future plans of this School Board."
The Northumberland and Newcastle Board of Education
October 10,1981
"The above official plan amendment to the Durham Regional
Official Plan - Town of Newcastle was reviewed by the Board
at its last Regular Meeting.
I have been directed to advise you that a site for school
purposes would not be required within the boundaries of the
proposal , and that no objection is raised."
March 15, 1982
"The Board at its last Regular Meeting, considered the above
noted amendment to the Official Plan of the Region of
Durham.
I have been directed to advise you that no objection is
raised to the amendment, and that a site for school purposes
would not be required within the boundaries of the
development, however, transportation would be required. "
Newcastle Fire Department
"The proposed site is located within 2 miles travel distance
from existing fire station 1 , Bowmanville, with a response
time of approximately 5 minutes, this is an acceptable
response time and travel distance for emergency fire
service.
Water supply for fire protection to be designed in
accordance with Town of Newcastle "Policy in Respect of Fire
Protection Standards for Estate Lot and Rural Residential
Development". Generalized Standards (1 ) would be acceptable
to the department.
Building construction in accordance with fire safety
requirements, Ontario Building Code.
Report No. : PD-67-82 . . ./8
Newcastle Community Services Department
"When the Durham Region Official Plan is amended, I would
recommend five (5) per cent in lieu of park land. "
Newcastle Public Works
"No comments at this time"
The applicant has, in support of this application, provided
the background information required by the Durham Regional
Official Plan and has addressed the apparent environmental
sensitivity of the site (in keeping with Amendment 19 to the
Durham Regional Official Plan).
Staff have reviewed the supporting information provided
along with the comments received and now believe that the
proposed application, as revised, respects the apparent
environmental sensitivity of the site. We therefore have no
objection to the principle of the proposed 23 Estate
Residential lots on the basis of environmental concerns.
Outstanding environmental concerns, particularly those
identified by the Central Lake Ontario Conservation
Authority and the Ministry of Natural Resources, should be
addressed through the subdivision approval process. Futher
studies as may be required during the subdivision process
may necessitate further revisions to the proposed
development layout and a possible reduction in the number of
lots.
Staff note that in addition to the comments received through
circulation, the Region of Durham received one letter of
* objection (attached) submitted by local residents, Mr. and
Mrs. Davidson. As can be seen from their letter, the
Davidsons' concerns are related to environmental impacts,
preservation of agricultural land, property maintenance and
traffic impacts.
Report No. : PD-67-82 . . ./9
With respect to the Davidsons' concerns about environmental
impacts, staff are of the opinion that the plan, as revised
in accordance with Central Lake Ontario Conservation
Authority's concerns, respects the environmental sensitivity
of the site. We note, however, that further hydrogeological
analysis will be required during the subdivision review
process, possibly resulting in further revisions to the
proposal .
The concern identified in respect of traffic impacts is
noted and, as with the hydrogeological aspects, will be
further reviewed during subdivision review. In that regard,
we would anticipate an increase of between 160 and 185 trips
per day on Old Scugog Road as a direct result of this
development. Given the present condition of this road, it
is not unlikely that improvements will be necessitated by
this development. The extent of such improvements will be
more fully determined during subdivision review.
With respect to loss of agricultural lands, we note that the
majority of the site is either heavily wooded or worked-out
gravel pit. There is only a very narrow strip of workable
agricultural land abutting Old Scugog Road. We note that
the lands in question are designated class 3 M by the Canada
Land Inventory. Soils with this designation possess
moderately severe limitations, due to low natural fertility
and moisture holding capacity, which would restrict the
range of crops and/or require special conservation
practices. Staff note that given this designation and the
Ontario Foodland Guidelines, development of these lands
should be prohibited. However, in view of the
characteristics of abutting lands, heavily wooded, steep
slopes, abandoned gravel pit, and the limited extent of the
workable lands, staff do not feel that the lands have an
extremely high capability for crop production.
Report No. : PD-67-82 .. ./10
Although not a concern arising from the proposed
development, staff feel it is appropriate to comment on the
matter of property maintenance. As indicated by the
Davidsons, the present owner of the property is storing
certain equipment and materials on this site. Some of this
equipment and material is of an agricultural nature, others
are not and could be considered as contravening By-law
provisions in respect of open storage. However, inasmuch as
this type of concern is more usually addressed through a
property standards by-law, there is very little the
municipality can do where there is any doubt or room for
argument about the types of things a property owner may
legally store on his property.
Given the foregoing and the resultant rehabilitation of a
large portion of the site, specifically the abandoned gravel
pit, staff would have no objection to the approval of the
proposal .
Respectfully submitted,
T. T. Edwards, M.C.I.P.
Director of Planning
FA*TTE*mjc Mr. B. van Andel
April 21 , 1982 134 Hickory Street
WHITBY, Ontario
Mr. and Mrs. D. Davidson
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R. R. # 1
BOWMANVILLE, Ontario
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