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HomeMy WebLinkAboutP-138-80 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL. (416)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF SEPTEMBER 15, 1980. REPORT NO. : P-138-80 SUBJECT: Report P-86-80 (attached) Proposed Official Plan Amendment Part Lot 24, Concession 9, former Township of Clarke Waverly Heights Subdivision (Oshawa) Ltd. File: 76-35/D (Revised) BACKGROUND: Report P-86-80, attached, was placed before the Planning Committee on June 9, 1980 at the applicant's request. On two further occasions, July 7, 1980 and July 21, 1980, the subject report was again tabled, at the applicant's request. On July 28, 1980, staff received correspondence from Dr. M. Michael, Commissioner of Planning for Durham Region, which requested the Town's comments on this matter by September 23, 1980. His letter also advised us that, in the absence of our response, his department shall proceed to prepare a recommendation to the Region Planning Com- mittee and Council, (a copy of his letter and staff's reply is attached) . COMMENTS: In view of the fact that this matter has been tabled on three It;0 previous occasions and the fact that further delay will only result in t� l I V(2-) _ 2 _ a Regional decision without local input; staff suggest that this matter be lifted from the table and dealt with, in order to meet the Regional deadline for comments. RECOMMENDATION: It is recommended that Report P-86-80 be lifted from the table and dealt with at this time. Respectfully submitted, � a s TTE:lb D. . Smith, M.C.I.P. August 1, 1980 Director of Planning ANA § � CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P., Director HAMPTON,ONTARIO LOB 1JO TEL. (416)263.2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF JUNE 9, 1980. REPORT NO. : P-86-80 SUBJECT: Proposed Official Plan Amendment Part Lot 24, Con. 9, former Township of Clarke Waverly Heights Subdivision (Oshawa) Ltd. File No. : 76-35 (D) (Revised) 1ACKGROUND: 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- culated by Town and Regional staff. The application was also adver- tised by the Region in order to solicit public input. The results of the circulation are summarized below: Town of Newcastle Public Works With reference to your request for comments, this is to advise that the application is acceptable to this department, with the exception of the proposed intersection between lots 1 and 25. It is anticipated that, once the exact location of the above intersection has been determined, further comments and review will be requested. Town of Newcastle Fire Department 1) Consideration for adequate water supply for fire protection, underground reservoir 20,000 gallons accessible from travelled Portion of road. 2) Access to all areas for fire department vehicles . 2 _ Public School Board No objection. Separate School Board No objection. Durliam Health Unit No objection. Ministry of Agriculture and Food Our main concerti 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 934 ft. Subsequently, the following lots will be restricted. Lots 1-3, northern half of lot 21, lot 22-26. Providing the Agri- cultural Code of practice is applied, we have no objection at this time. �Linistr�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 Moraine 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 site, and could conflict wl.th eventual utiliz- aLion of mineral depos:iLs on the adjncent or nearby lands as well as with truck traffic from the cx.isting pits nearby. There is also a good quality hardwood woodlot on most of the property. This WOOd1oL" has productive potential and would re- quire a hundred years or so to re-establish on a new site . ~ From both a forestry and mineral resources point of view, the best management scheme would be to retain the property in an unsubdivided, rural condition. Neither resource is amenable to a compromise solution which would protect the resource by means of a conditional approval. While 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 lie obtain a survey of the aggregate Potential of the property by a qualified professional and explain liow conflicts with mining nearby will be avoided. Our recommendation at this time is that Lhe proposal is premature. 'V 0 Ministry of Transportation & Communications The Ministry has no objection to the proposed development:. Our requirement will be that a 0. 3 metre reserve along the entire frontage of the subject lands on Hwy . 35 be conveyed by deed to the Ministry . All internal roads must be con- structed to appropriate standards as outlined in M.T.C. Circular 72-010 to be elgible for future maintenance and/or reconstruction subsidy. Ministry of the Environment The 26 LoL rusidentLaL development proposed is to be ser- vLeud by LndLvfduaL wuLls and sUpLic Lank systems . Comments on the proposed use of septic tank systems must be obtained From the Durham Regional. Health Unit. Water well information for the area is limited. However, it appears that several water 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 is 102.5 m. deep. Although all acquirers may not be present at any one location, we do not anticipate any problems in obtaining a satisfactory supply of water. The major item of concern regarding this development relates to the existence of conflicting land uses. The proximity of the development to Hwy. 35 results in a predicted noise level. , excess of 3 dBA on the lots nearest the Highway. Although this excess may not be of sufficient: magnitude to require the implementation of noise control measures the tlinistry of Housing 's policy "Noise and New Residential development Adjacent to freeways" states that the existence of this slight problem should be brought to the attention of prospective purchasers . i In addition to the poLonLLat noise problem we note that there is a farm LocnLed adjacent to LhP dpvolopmunt situ. Calculations using Lhe minimum distance suparNLion formula of the Agricultural Code of Practice for Ontario indicates that a separation distance- Of 984 ft . (approx. 299 m. ) Ktt be required between the two land uses. The are of influence delineated by this distance disallows development on Lots 1-3, 12-19, and 21-26 all inclusive.. In view of the above, we would not be in a position to offer favourable comments towards development of the affected lots until the agri- cultural operation in question is phased out or for some other reason ceases to exist. Should it be possible to rosolve this conflict and proceed with the development sometime in the future the residents of lots 1-7 inclusive must be advised of the potential noise problem associated with vehicular traffic on Hwy. 35. Inclusion of the following warn— j ing clause in a registered portion of the subdivider's agreement would satisfy our concern. i - 4 - "Due to the proximity of this development to Hwy. 35, noise .levels on the property may be of con- cern occasionally .interfering with some activities of the dwelling's occupants. " At the present time, however, we can only provide favourable comment on the development of 9 lots (Lots 4-11, and Lot 20) . Should the developer wish to proceed with their portion of the development at this time the warning clause noted above should be made to apply to lots 4-7 inclusive. Ganaraska Conse rva t.i.on Authority The site was reviewed on a previous occasion for purposes of developing a 173 unit mobile 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 the tributaries of both the Wilmot Creek and the Ganaraska River. The revised proposal has substantially reduced the density (26 .lots minimum size 0.5 ha) . 'There also appears to be definite intention to preserve as much of the forest cover as possible. The detrimental effect of the development on the recharge capacity of the site will , therefore , be minimized. Our concerns with respect to forest cover and density of lots can best be dealt with in the subdivision agreement. The authority, therefore, has no objection with regard to matters under its jurisdiction and mandate . .Durham Regional Works Dept. In view of the fact that septic tanks and individual wells will be the method of servicing as indicated in this submission, this application would appear to have no implications from a Regional Works point of view. Therefore, we have no objection to this proposed amendment. COrir ENIS: Section 10. 3. 2. 1 of the Durham Regional Official Plan prescribes curtain criteria that must be considered when reviewing an application to amend the Plan to permit estate-residential development. The subject proposal does not comply with the following three of the requisites for approval: (d) "The proposal is not located on lands having high capability for agriculture, conservation and recreation, forest pro- duction or mineral extraction;" V (e) "Thu proposal shall not unduly restrict the use of adja- cent properties for agri.cuIture , conservation and recreation, forest production or mineral exrration;" (i) "The proposal complies with the Agricultural Code of Practice as amended from time to time, '' As indicated by the Ministry of Natural Resources, the site con— twins a mature hardwood woodlot having productive potential, as well as , possessing a high potential for mineral aggregate resources . This is in direct conflict with the intent of subsection (d) . Both the Ministry of Agriculture and Food, and the ?Ministry of the Environment indicated that the proposal does not comply with the Agricultural. Code of Practice, In direct conflLct with subsection ( L) . Ibis , in turn, could unduly re- strict the use of adjacent lands for agriculture, if the proposal were approved, and would be in direct conflict with subsection (e) . The Tinistry of the Environment also indicated potential conflicts due to noise levels generated by Highway 35 . In light of these conflicts, it is our staff opinion that approval of this proposal would not comply with the intent of the Durham Regional Official Plan , and would result in serious .Land use conflicts for at least twenty—one of the twenty—six lots proposed. We, therefore, cannot reconunend approval. RECOIMLNDATIONS: That the PLannLng and UvveL"pnwnt Committee recommend to Coin ul. l the following: 1. That report P-86-80 be received; and that 2. The Region of Durham bu advised that the Town of Newcastle recommends denial of Official Plan Amendment Application 76-35/11, for Part of Lot 24 , Concession 9, former Township of Clarke. Respectfully submitted, i TTE:1b D. N.5mith, M.C.I.P. May 8, 1980 Director of Planning i 29 28 27 26 25 24 23 22 21 20 19 I X SITE I' • II♦ ' I I I I II 111 t I I I ' Vlll MI ! of ( I 1 i � I I I it � I I I I I I KEY MAP ATTACHMENT N ° 1 ° 500 100 0m OFFICIAL PLAN AMENDMENT 76 -35 /D P-86°80 300 °° July 23 1980 °- n. DURHAM Mr. J. McIlroy Clerk Town of �ewcastle The Regional' Street Municipality 40 Temperance i� j' of Durham Bowmanvi le, Ontario Planning Department Box 623 Dear Mr. McIlroy: 105 Consumers Dr. Whitby, Ontario Re: Official Plan Amendment Applications Canada,UN 6A3 pP (416) W-7731 No. 75-32/D/ND - Schickedanz Developmenj No. 76-35/D - Waver ey Heiqllhts Town—of Newcast I e Oli. M. R. MICHAEL, M.C.I.P. Commissioner of Planning At the di rection of the Planning Committee, I have been instructed to conta t those area municipalities which have not yet forwarded a recomm ndation with respect to any Official Plan Amendment applications received prior to January 1979. Accordingly, your Council recommendation or an explanation as to why Regional Planning Committee and Council shoul d' continue to delay action on the above-noted applications is respectfully requested. If we do not receive a response within 60 days of the date of this letter, we will assume that you have no comments to offer on the above applications and this department will proceed to formulate a recommendation to the Planning Committee and Regional Council with respect to the above matters. Yours very truly, I Dr. M. M chael , M.C. I.P. Commissioner of Planning cb p 100 r- �"Ilnj VO CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH,M.C.I.P., Director HAMPTON,ONTARIO LOB IJO TEL. (416)263.2231 July 31) 1980 Dr. M. Michael, M.C.I.P. Commissioner of Planning Durham Regional Planning Dept. 105 Consumers Drive WHITBY, Ontario Dear Dr. Michael: Re: Proposed Official Plan Amendments Files: 75-32/D/ND - Schickedanz 76-35/D - Waverly Heights Further to your letter of July 23, 1980, in respect of the above noted proposed Official Plan amendments; please be advised that the Council for the Town of Newcastle has not yet reached a decision on either of the subject applications. In the came of File 75- 32/D/ND, the T'own's Planning and Development Committee tabled staff Report P-210-79, attached, pending a determination of the future land uses of the Pine Ridge Training School property. In the case of File 76-35/D, the Committee has tabled staff Report P-86-80, attached, until its first meeting in September, at the applicant's request. Inasmuch as the Planning Committee will not be meeting again until September 15 , 1980, and will be unable to make recommendations to Council on those matters, until September 22, 1980, we will be unable to provide you with a more definitive response until that time. I trust that this information will be of assistance. Yours ry�7aruly, / i TTE:ib T. T. Edwards, M.C.I.P. Encl. Long, Range Planner. 9 d: 88pte,rber 12, 1930 5 -OP—J.142 11r. L.L. Kristoff Director of plaaa(aing & Davelop°gent Kinicipal uil.dtaa , 'loan of tieweagtle Hampton, Ontario LOB 1jo Doer €.r$ SUBJE t grog000d Redid aatial Sub4ivision Part Lot 24, Coria. 9, Town of traawcsstsle On Aagaat '19, 19436, ptaf'f of this office met with qtr. Mich@.Ol Zy118cki, Owner and d oloper of the above property. We disco eyed this Kinistry'n concento ra ardi.aag forestry and as neral resources v6vms a props med residential subdivisioll. '1110 developer explained that some of the treag w4wald have to be aa30vad to facilitate the development of an interior roast and building iotG. Chore possible, quality trees would be left for thoir aesthetic value. While this residential development would prevent the maintaining of the hardwood woodlot as 4 viablo -,aauagaablra unit, it OpO* zra the davelopaext plan would retain a sig aificaarxt bx)rtion of time prcapOrtY in forest cover. Approvinj the plea woold cm-190 a loco of productive for*st , regardless of tho rau bor of trees retained for aesthetic purpose&, stied thi.3 is anfr#rtuvisto. Rowever, hays two way of enintring that the tress w(kild be wanaged for produatiO4 even if the developnent were not Approved, 00 it is a compromise % are willing to accopt. Concerning pota tial gravel resources on the property, the developer Ot cmt r0gU0Qt had d as consultant Oirther tract: the proporty. .A roport eaaaa prepared by Soil– ng T. nitad of Rearborough and the tent data indicatoo that quality granular materials are li.m tuA and that a pit Operation is not feaasiblaa. The report &ion not address the issue of poteant,i,aal conflicts wit,, other land +co s, notably gravel pits, and in spito of the geology of the � nd prtyo the �re� is �n important souse of ���;>re �.tra end ham been appropriately designated i.ra the Dmrhari Official plan, Therm are " oral licdnczd pits to the uVat on than lOtub coraca$o:i.ogc Of Clae4e, but their current operations &ad truck routes des not appO,mr to conflict with residents on this site. The retention of 4 laar96 proportion of tho trarao on the site, as propoc4nd by the dGv'Qloper would help to buffer the devoloptid pc)rt~ions of the lots ffrOet any aacti.vities on adjacant propertic4,j. P,' )?age Septvmber 12, 1980 Mr. L.L. KvLotoff D&aed on the abo4e, we would withdraw our objection to this ay.zodtrant. However, we continue to be concerned about possible conflicts with aggregate operations in the area, a concern which applies to future as voll as existing pit&. We hopa that the Town of Newcastle will contime to giva appropriate consideration to the need* of the aggro ate industry avid the protection of natural resources when roviowing 6itura proposals in this area. Yours tnaly, C.R. Cray /'District 14anager, Liddvay Di2trict Anistry of �Nat ural Resources 322 Kent Street, West Ltndsay, aitarto K9V 4T7 1-705-324-6121 MDBil linga:cb c.a. Planning Department Regional ?ktnicipality of Durhir-i Whitby, Ontario Mr. Michael Zygocki 378 King Street, West Oshawa, Ontario