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HomeMy WebLinkAboutP-86-80 CORP OI"ATION OF THE TOWN OF NEWCASTH PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH,M.C.I.P., Director HAMPTON,ONTARIO LOB 1JO TEL. (A16)263-2231 RI,POR'1' '1'0 'rm,: PkANNLNG AND DI-:VI-:I,01'NFNT t:t)pV-il'1" EE iIGI?'1'1NG OF JUNE 9 , 1930. REPORT' NO , : P-36-80 SUBJBC1': Proposed Official Plan Amendment Part Lot 24, Con. 9, former Township of Clarice Waverly Heights Subdivision (Oshawa) Ltd. File No. . 76-35 (D) (Revised) BACKGROUND: As Indicated by staff report P-182-79 on October .15, 1979, the above noted proposal was circulated to the town for comment on September 24 , 1979. The subject application has since been cir- cu.laLed by '1'uwn and Rcgionml. -staff. The IpplicaLioll wait; ;tlso adver- Llsed by (11c Region l.n order` to solicit public input . 'I'll" Ik,.1MItt; of Ole ci.rcul;ltion ;trr• summariz(.'d below: Town of- Newc;t:;L le PUMA ('i s Works With 1-01-e1"01Ice to your r rlu.'t;L for roounents tllis is to AdViSe LhaL ( Ilu appl.icaLlon Is arceptahlc to this deparLnu!nL , with the exception of the proposed inter:;ectiott bcn,,cen lots 1. ;Ind 2'i . It is anticipated that, once the exact location of the above intersection leas bt.ten determilled, further comments and review will. be requested . Town of Newc;lstl.e Fire_DepirLmcnC l.) Consideration for water supply for fire proLecti,oll, kit dergrotmd reservoir .20,000 g;j1.lmilt; accessil,lrt (roIn travelled porIIoil of road . �) Access to all ;tre;lt; Ior lIr sepal"tlik'llt V 'lllr' 1�'t; Public School Board No objection. -_":,,I!,,',L _lo,I—r No objection, No ObjvUl.on. 111"Is L _Aaric,lturQ and Food Our main concern regards the application of the agricultural. code of practice from the barn to the north of lot 26. The distance from the barn to the property is 75 ft . whereas the minimum separation distance required by the code is 984 ft , Subsequently, the following lots will be restricted. Lots 1-3, northern half of lot 2L, Lot 22-26. Providing the Agri- cultural Code of practice is applied, we have no objection at this time . MinisLI of Natural Resources From a natural resources viewpoint, the development would be damaging to both mineral and forestry resources. This part Of the Oak Ridges I'loraine has a high probability of containing valuable aggregate material. There are several existing licenced Pits on the two concessions north of the property . Residential development would prevent any utilization of Minerals which may be present on the situ, and could conflict with eventual utiliz- Won of mineral deposits on LhP adinco"t or nearby lands n, as with truck traffic from the oxiskng pits nearby. There is also a good quality hardwood woodlot on most of the property . This woodlot has productive Potential and would re- quire a hundred years or so to re-establish on , now L,, . I'l-0111 both a forestry and mineral resources point of view, the best management scheme would be to retain the Property in an unsubdivildud, rural condition. Wither resource is amenable to a compromise solution which would protect the resource by means of a conditional approval . WAY there is an obvious con- flict between forestry and gravel extraction, the approval of this proposal would preclude both . If the owner wishes to pur- sue this development, we suggest he obtain a survey of the aggregate Potential of the property by a qualified Professional and explain how conflicts with minLng nParbY will he "voided, Our reconmwndation at- this time is that the proposal is premature. 111nistry ot_[ ralt:�)ol'tation « Comm"ni_caLLons The Ministry has no ohjecLion Lo the proposed duvolopmenL. Our requLrcinelit will. be that At 0. 3 noire rose rve along the enti.re irontagc of So subjcc•t lands on Hwy . 35 be ronveyed by (lead to the Miulstry . M1 inLernal roads must be con- structed to appropriate standards as out.lLned in M.T.C. Circular 72-01.0 to be calgi.bte for luturc maintenance and/or reconstruction subsidy . MLnls_try_ot_ .( ho. 0-VAonmc_nt The :'I) lot ru:; IdenLi ;ll t0volopnmul pIjIp(js,d I :. to be ser- v od by I nd I V Ldua l wells .Ind :;ei,L i c: Lonk :;ys Lums . Conunen Ls on the proposed use of septic gull: systems must be obtained Crom the Durham Regional. Health Unit. Water weLL information for the area is .limited. However, it appears Lhat several waLer bearing; formations exist in the overburden. The closest recorded wells obtained water. at depths of 67 and 71. 5 metres below ground while the deepest recorded well Ls 102 .5 m. deep. Although all acquirers may not be present at any one locnLion, we do not anticipate any problems in obLai.ni.ng a SaLislactory supply of water. Thoe nlrljor item of concern r(.�};ardine; this development relates to the exisLence of conflic•tin}; land toes . The proximLty of the development to Hwv . 35 rosulLs in a predicted noise Love.] excess I 3 dBA on Lice I ots nea re:;t ( he h i};ht✓,IV , A] Lhon};h this excess may not be of sufficient ntagnitude to require the implementation of noise control measures the Hi.nistry of Housing 's pol Ley "Noise and New l;eti i dent i.a 1 Development Adjacent to 1'roeways" states that the exist-once of Lhis tillghL problem should he brought to the attention of prospectLve purchasers . In addi t ion to Lhe potential ri"K w problem wo no Le Lhat there 1s; a I :IIm I-"'a Led nd j:le nl I „ II, do Ic,pnu nt iI C;llc:ulnt ion:; II:; inI" t.b,.- nllrlinnlul di:;lanec :;ep,ll .il i ,n lornlill:; .,I Llle A),rlc:IiILural Code III PlacLLce for Ontario indic"Las AM a suparati.on dIsLance Of 981 IL . (approx. 299 In. ) wi I I hw r"glli red betonucri So Lwo land uses . The are of influence dcl ine;lLed by AM distance disollows development on Lots 1-3; 12- 19, and 21-2)O all inclusive . In view of the above , we would not he in a pc.,:;ition to offer favourable. COMM ULS towards development of Lhe ;effected lots until the agri- cultural operatilon Ln question is phased out or I "r some whcr re:lson census Lo e\Lst . Should it he pons Lb lv to roso 1 ve this conflict and proceed wi t.h the d0V,' l()plllent Sometllle in the luture the rosi.dent:s of lots l-7 inclusivo must he advised of Go poLent ial noise problem associated with vehicular traffic on Hwy . 3') . Inc• lusic,n of the following warn- ing clause In a regi-stured p(,l'(. loll c1I the :;Ilbdivlder':; rl};i'cenlellC would satisfy our concern. "Duc: to the proximity of Lhi s davulopmeuL to Hwy. 35 , noise .levels on the property may be of con- corn occasionally inteilerinn With Some acQvit.ies of the dwelling's occupants . " AL the present time, however, we can only providC lavourabV comment. on the dove Lopment of c) lots (Lots 1-11 , and LoL 20) . Should the developer wish to proceed with Lhei r portion of the development at this time the warning clause noted above should be made to apply to lots I - 1 incLnsive. Canaraska Conservation nnthor=li_l_v The ;site was r'ev.Luwed un a pr'evion:; occas; Lon for purposes of dev(! lopi n)-, a .1.73 uni t mob le home park. At that time our concerns were in respect of the importance of the site and surrounding lands as a major recharge area for groundwater supplies feeding; Me tributaries of both the Klmot Creak and the Canaraska River. . The revised proposal has Substantially reduced the density (26 lots minimum size 0. 5 hn) . 'There also appears to be definite intention to preserve as much of the forest cover as possible. '1'hc detrimental effec•L of the developnu'nt on the rechnrge c•apacLty of the site will , therefore , be minimized. Our Our Come-rn:; with respect to forest cover and density of LOW can best be dealt with in the subdivision agreement . The authorl tv , Lherefore , has no object Lull with regard to matters under its jurisdiction and mandate . ll Irham IZe i.on:rL forks In view of Lho fact that septic lank:s and individual wells will be Lhe nwLhod of survic.ing arc iudic.rcted in L h i s rcul)mi.s`;ion, LhL aPPI i.rat ion would appear to have no implications from a Regional. Works point of view. 'I'herolore , we have no objection to this proposed amendment. . Section IO. _3. :'_, l of the Durham Region& Off icial Plan prescribes certaLn crfLorK that hull be considered when rc'viewiny an application to amend the Plan to permit estate-residential development. The subject proposal does not comply with the fog1owing to rue of the recl His 1Lus for approval: cc, , (d) proposal iS no located on lands having high capabiIiLy I or Ngri culture, ccinservation JHd recreaLion, forest: pro- ducLion or mineral extraction ,'' (e) "The proposal shall noL unduly rustrict Chu use of adja- cent propvrLi0a for agri cult ure• , c'onservat.iou and rccremf( n, Iul'o:;L pre)c tICL1Ul1 of Illint:l'a1 e':iLl":lh.l.on; , U)) "The proposal complies with the Agricultural Code of Practice as amended from time to time. " As indic'NLed by Cho Ministry of NaLural Resources, the site con- tains a nurture hardwood woodlot having productive potential, as we.l.l as , possessing a high potential. for mineral aggregate resources . This is in direct conf list with the intent of subsection (d) . Both the Mi.nis,Lry of Agriculture and Food, and the !linistry of the Environment indicated that the proposal does not comply with the Agricultural. Code of Practice, in direct conflict with subsecLion ( i ) . 'Ibis , in turn, could unduly re- strict: Clio use of adjacent lands for agriculture, if the proposal were approved, and would be in direct conflict with subsection (e) . The H NISLry of the Envi ronm,w also indicaLud potential conflicts due Lo noise levels gene rated by Highway 35 . In .Light, of Chose conf.licLs , it L; our staff oPWOn Chat. approval. of this proposal would noL comply with Cho intent of Chu Durham RegLonal Official Plan , and would result in scrionq bend use conf IicLs for nt. loam LwunLy-one of Lila twenLy-s Lx luLs prop"nod. We , therefore , cannot recommend approval . I'il:It t lic P l anu 111)" and Ile'\',' l L Le.'e.' re, lt! Lo (:chill i l the following: 1 . 'lUC report P-86-80 be receivo,I; rnld LhNL TI w k' i ill i 1 1)(1111,1111 Iw Ndv i :.—I I IIN L Llu. f iwil of cc�ouun. n is d(Wh I of Off i c[N I PIN n Amu ndMcnL App Licat ioll 76-35/1), for Part of Lot 24 , Concession 9, former Township of Clarke. Respectfully submitted, TTI?: 1b D. N. SmLth , H.C. L .P. May 8, 1980 Director of Planning, 29 _ 2_8 27 26 25 24 23 22 21 20 19 i x SITE -__ z Ix l II 1 1 in VIII , to to Z, I' I � S KEY MAP ATTACHMENT N ° 0 500 l000m OFFICIAL. PLAN AMENDMENT 76 --35 /D P- 86-80 100