HomeMy WebLinkAboutP-24-80 i
CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,TEL.I.P.,DIrecto1
HAMPTON,ONTARIO LOB 1J0
REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF February 18, 1980.
REPORT NO.: P-24-80
SUBJECT: ,Application for Subdivision Number 18T-78006. Part
cA`of Lot 25, Broken Front Concession, former Ti p") '
f,)L of Cl-arke. Newcastle Shoreline Properties Limited
Our File: S-A-3-11-1
BACKGROUND:
An application for plan of subdivision has been submitted
requesting the development of a 16 acre parcel of land in part of
Lot 25, Broken Front Concession, former Township of Clarke, for seven
estate residential lots.
Amendment No. 14 to the Region of Durham Official Plan, which
was approved by the Minister of Housing on December 20, 1979, permits
the development of the subject site for a maximum of seven estate resi-
dential lots. The proposed subdivision would, therefore, comply with
the Durham Official Plan.
The site is presently zoned "Agriculture" in the Restricted
Area (Zoning) By-law of the former Towns-hi-p-14 6larke. Single family
residential uses are permitted by this zone designation, but the minimum
lot area required by the By-law is 40 acres. If the subdivision were
approved, an application for rezoning to an appropriate residential zone
would be required.
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The application was circulated to the following agencies for
comments:
Northumberland-Newcastle Board of Education
Peterborough-Victoria-Northumberland & Newcastle Board
of Education
Durham Planning Department
Durham Health Unit
Ministry of Natural Resources
The Ganaraska Conservation Authority
Newcastle Village Public Utilities Commission
Newcastle Works Department
Newcastle Fire Department
Ministry of Agriculture and Food
The Northumberland-Newcastle Board of Education, the Peterborough-
Victoria-Northumberland and Newcastle Separate School Board, the Newcastle
Fire Department, and the Ministry of Agriculture and Food advised that
they did not object to the proposed subdivision.
The Durham Planning Department advised that the subject proposal
conforms with the policies of the Durham official Plan.
The Durham Health Unit_ recommended approval of the proposed sub-
division, subject to the following conditions:
"1) Drilled wells are to be provided and these must all be
located in front yards.
2) Sewage systems must be located in rear yards, thus providing
available land for future tile bed replacements.
3) Raised weeping beds are required and at least 3 feet of
suitable fill material must be provided above existing grades.
This material must be approved by our Public Health Inspector.
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4) Prior to issuance of any certificates of approval, a
test hole must be provided on each lot on the site of
the file beds to verify water table lev els. �
5) A four-bedroom home will require at least 500 lineal
feet of weeping tile.
6) If desired, Class 6 aerobic sewage treatment systems
could be utilized in place of conventional septic tank
systems."
The Ministr of Natural Resources submitted the following
comments:
"This section of the Lake Ontario shoreline is subject to a
serious erosion hazard and according to the Canada-Ontario
Shore Damage Survey, is receding at a rate of approximately
.5 metres per year. The setback line shown on the plan
appears to provide 100 years of protection to buildings
erected on the inland side of this line.
While the building setback should protect buildings during
the time span provided by the setback it should be understood
that shoreline erosion of the undeveloped portions of improper
lots will continue, and could be greatly worsened by P ro P
management of the properties by the landowners. There is a
cost in property values as this occurs. In addition, the
building of shoreline modifications such as groins, aimed
at protecting and stabilizing the shore, can have adverse
effects, both on adjacent properties and on the property it
was supposed to protect. Such projects should only be under-
taken after an appropriate engineering study. Any traffic or
landscaping of the bluffs should also consider
tderethew potential
impacts of erosion. We would be prepared any
engineering reports which may be submitted on this matter.
The bed of Lake Ontario is Provincial Crown land
shoreline structures such as groins, piers
be approved by this Ministry and appropriate land tenure
documents obtained prior tO construction.
actual workltolbe
addition to the normal approvals
constructed.
Finally we would note that various planning studies, and
most recently the Region of Durham Official Plan have re-
cognized the significance of the Lake Ontario shoreline as
a recreation and open space corridor, a concept which could
be especially useful in and near the urbanizing areas in
Durham. In particular, the area below the bluffs is a of
natural the ondtopyofethe
limited
bluffs.
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From a recreation standpoint, it would seem desirable to
retain the shoreline in a single open space unit, preferably
with public right of access protected. The province however
does not have funds to consider the acquisition of shoreline
in this area.
Recommendations:
Based on the above we would not object to this Plan.
Approval should be subject to the following conditions:
1. That the municipality's RA Zoning By-law contain provisions
which would have the effect of prohibiting all buildings and
structures in the building setback area identified by the
Ganaraska Region Conservation Authority except those necessary
for erosion control.
2. That the owner agree in the Subdivider's agreement, in
wording acceptable to this Ministry:
(a) To neither place nor remove fill of any kind, whether
originating on the site or elsewhere; nor alter any
existing vegetation in the building setback area iden-
tified by the Ganaraska Region Conservation Authority
without written consent of the Authority.
(b) Should the owners in the future wish to undertake any
erosion control scheme on the shoreline of Lake Ontario;
that prior to initiating any shoreline alterations or
stabilization works of any kind, in the building setback
area identified by the Ganaraska Region Conservation
Authority, to prepare a detailed engineering plan acceptable
to our engineers which will show the extent of the erosion
problem, the means proposed to control "it", and the pro-
bable impacts on other riparian owners.
(d) That prior to initiating any grading or construction on
the site, to erect a snow fence, or other suitable barrier
along the building setback line identified by the Ganaraska
Region Conservation Authority to prevent the unauthorized
dumping of fill or alteration of vegetation in the shoreline
buffer area.
This barrier shall remain in place until all grading, cons-
truction, 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 4T7."
The Ganaraska Conservation Authority indicated that they would
be satisfied with a minimum setback line of 65 metres from the top of bank,
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instead of the more onerous restriction shown on the draft plan.
The Authority requires that no building, structure, nor septic system
be installed within this minimum setback line.
The Newcastle Public Utilities Commission indicated that they
did not object to the proposed subdivision, but that the Commission
would have to enter into a joint use agreement with Ontario Hydro and
replace 25 poles to give clearance to construct a 4160 volt line to
the site. The developer would be required to pay the cost of this work.
The Newcastle Works Department requested the following conditions
of approval:
"(a) that the Subdivider enter into a Subdivision Agreement
with the Town of Newcastle and the Public Works Depart-
ment be kept aware of the status thereof at all times.
(b) that the Developer meets all financial and other require-
ments of the Public Works Department.
(c) that any easements which may be .required by the Town be
granted free and clear of any encumbrances.
(d) that the road widenings, as proposed, be granted to the
Town free and clear of any encumbrances."
COMMENTS:
Since the site is designated for Estate Residential purposes
in the Region of Durham Official Plan, we have no objection to the
approval of this Plan of Subdivision, provided that the following con-
cerns can be resolved:
1. Lakeshore Road
The portion of Lakeshore Road which abuts the subject lands is
a forced road with a width of only 13 metres (43 feet) . Suffic-
ient land would have to be dedicated to the Town to increase this
road allowance width to 20 metres (66 feet) .
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2. Erosion Control
We have been advised by the Ministry of Natural Resources
that the subject section of Lake Ontario shoreline has been
eroding at a rate of .5 metres per year and is subject to a
"serious erosion hazard". It was recommended that the sub-
division agreement and Restricted Area (Zoning) By-law amend-
ment relating to the proposed development should contain pro-
visions which would regulate the placement of fill, erosion
control works and buildings. Staff has no objection to the
inclusion of the requested conditions.
RECOMMENDATION:
It is respectfully recommended that Application for Subdivision
Number 18T-78006 be recommended to the Minister of Housing for approval,
subject to the following revisions and conditions:
Revisions:
1. That the "Building Setback from Top of Bank As Established
by Ganaraska and Region Conservation Authority", be relocated
to reflect the change requested by the said Conservation Auth-
ority in a letter to J. G. Malcolm, dated June 5, 1979.
Conditions:
1. That this approval applies to the draft plan dated January
23, 1979, by Donevan and Fleischmann, showing a total of
7 single family lots, to be revised according to the recom-
mendations of Report P-24-80 of the Corporation of the Town
of Newcastle.
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2. That the Owner shall deed to the Town of Newcastle, free
and clear of all encumbrances, sufficient lands to increase
the road allowance width of Lakeshore Boulevard abutting the
subject lands to 20 metres.
3. That the Owner shall convey up to 5% of the land included
in the Plan to the Town of Newcastle for park purposes
under section 33(5) of the Planning Act, and that the Town
will accept cash-in-lieu of this parkland dedication, under
the provisions of section 33(8) of the Planning Act.
4. (a) That the necessary amendment to the Clarke Restricted
Area By-law shall be approved by the Ontario Municipal
Board, or approved according to the provisions of Section
35(25) of the Planning Act, R.S.O. 1970.
(b) That the lands south of the modified "Building Setback
Line" shall be placed under an appropriate zoning category
which would have the effect of prohibiting the location
of any septic tank, building or structure thereon, without
the written permission of the Ganaraska Conservation Authority.
5. That the Owner shall agree in writing to satisfy all the re-
quirements, financial and otherwise, of the Town of Newcastle
concerning the provision of roads, installation of services,
and drainage.
6. That the Owner shall enter into a subdivision agreement with
the Corporation of the Town of Newcastle to include, in addition
to the usual requirements, the following provisions:
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1. That the Owner agrees:
(a) to neither place nor remove fill of any kind,
whether originating on the site or elsewhere, nor
alter any existing vegetation south of the modified
Building Setback Line, as shown on the draft plan,
without the written consent of the Ganaraska Con-
servation Authority.
(b) that prior to initiating any shoreline alterations
or stabilization works of any kind, south of the
modified Building Setback Line, as shown on the
draft plan, the owner shall prepare a detailed en-
gineering plan, acceptable to the Ministry of Natural
Resources, to show the extent of the erosion problem,
the means proposed to control erosion, and the pro-
bable impacts on other riparian owners.
(c) that prior to initiating any grading or construction
on the site, the owners will erect a snow fence or
other suitable barrier along the Building Setback Line
to prevent the unauthorized dumping of fill or alter-
ation of vegetation in the shoreline buffer area.
(d) that the lots will be made suitable for septic tank
systems to the satisfaction of the Durham Regional
Health Unit, and that the lots will be serviced by in-
dividual drilled wells, to the satisfaction of the
Durham Regional Health Unit.
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7. That the Owner shall enter into an agreement with the
appropriate authorities regarding the provision of hydro-
electric power facilities to the site.
Respectfully submitted,
AA�le -
NJF:lb D. N. Smith, M.C.I.P.
February 6, 1980 Director of Planning
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