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HomeMy WebLinkAboutP-173-80 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 OCTOBER 27, 1980. REPORT NO. : P-173-80 SUBJECT: Proposed Hamlet Development Plan - Newtonville File: 3.10 BACKGROUND: On April 28, 1980 the Planning and Development Committee con- sidered staff report P-72-80 which sought additional direction in respect of further processing of the revised Hamlet Development Plan for Newtonville. As a result of the Committee's consideration, staff were directed to circulate the revised plan and report back to the Committee prior to requesting Regional Council comments. On May 13, 1980, the subject hamlet plan was circulated to a number of Town Departments and external agencies. The following re- presents a summary of the comments received. Newcastle Public Works 1) In areas of proposed development, soil condition is a con- cern; it is most important that a storm water management study be undertaken, prior to approval of any development other than infilling. 2) The existing access to Highway 2 is inadequate for the proposed development and improvements would be required: In certain lo- cations access to Highway 2 could cause concerns relative to site distances and M.T.C. will undoubtedly comment on this aspect in due course. - 2 - Newcastle Fire Department 1) The hamlet of Newtonville is located approximately 9.65 km from the emergency response fire station (Station #2, Newcastle) with an average response time of approximately 10 minutes. 2) Building lots 0.5 hectares single family dwelling units with a minimum 10 metres distance between units. 3) The existing Community Hall requires upgrading of fire safety requirements. 4) Underground water storage reservoirs for fire protection should be located within areas to be protected, minimum 100,000 litres, centrally located, accessible to fire department emergency units. 5) In agreement with proposed Commercial development. 6) Industrial development be required to provide own fire protection, re: water tank, sprinkler system, pressure pumps, etc. 7) All buildings in accordance with Fire Safety Design Standards, O.B.C. and Ontario Fire Code. Newcastle Community Services With reference to your revised edition I agree with Section 3.3 Community Facilities, items (i) and (ii) . During the past six years, we have used the school and the hall for recreation activities when needed. The additional land next to the school would be sufficient. Durham Regional Planning 1. The Durham Regional Official Plan designates Newtonville as a hamlet for infilling and minor extensions. The Hamlet Plan (210 units) cannot be considered as minor extensions to the existing Hamlet (120 units) . The amount of new resi- dential development proposed is even greater than the 150 unit limit permitted for hamlets for growth. 2. In accordance with Section 16.9.4 of the Durham Regional Official Plan, all development larger than three lots must be by plan of subdivision. It is suggested that Section 4.1 in the draft Hamlet Plan be revised by deleting the phrase "if the dedication of new roads is required" to avoid any confusion in the implementation of the Hamlet Plan. 3 - 3. Schedule I - Land Use has some new residential areas designated abutting Highway 401. Section 1.2.12 of the Durham Regional Official Plan indicates that when considering new Residential Areas abutting freeways, the Council having jurisdiction shall require, in con- sultation with the Ministry of the Environment, an analysis of the noise environment. (Staff note that a policy requiring such an analysis has been added to the plan.) 4. A major amount of development (143 units) is proposed for the area south of Highway 2 and north of Highway 401 which was indicated in the Hamlet Servicing Study development conducted for the Region as unsuitable for development due to a high water table and soil conditions. Prior to this area being considered for development, an �.� extensive study of the soil and water capabilities would be necessary. 5. Staff of the Regional Works Department has also reviewed the draft Hamlet Plan and has indicated that they do not anticipate any problems with future development proposals in the Hamlet based on the policies proposed in the Hamlet Development Plan. Durham Regional Health Unit The Durham Regional Health Unit offers no objection to the revised plan. (Staff note that in discussions with Dr. Watt, of the Health Unit, he indicated that it is difficult for them to reply, other than in a general manner, without more detailed infor- mation.) Ganaraska Region Conservation Authority The Ganaraska Region Conservation Authority is primarily con- cerned with those areas outlined in red on the enclosed map. These areas are generally lowlying and function as source areas is organic. Due to the sensitive nature of these areas and their importance to the watershed in terms of quality and quantity, they should be subject to development restrictions. The few sites which are higher and perhaps could be developed are either too small or too close to the lower, more sensitive areas to be developed without detrimentally affecting this headwater area. Based on the above, and with regard to matters under the juris- diction and mandate of the Conservation Authority, there are no objections to the Hamlet Development Plan for Newtonville provided that the area presently subject to development restrictions be expanded to include those areas outlined in red which are not presently covered by this designation. - 4 - Northumberland and Newcastle Board of Education The above plan was reviewed by the Board at the regular meeting held Thursday, June 5, 1980. It is difficult to estimate population growth to the area but if additional accommodation should be required, the present site, with the adjoining park site, is adequate for a future addition. The Board therefore has no objection to the proposed development plan. Peterborough-Victoria-Northumberland Newcastle Roman Catholic Separate School Board The Separate School Board has reviewed the subject Plan. It would certainly seem that the requirement to monitor the quantity and quality of the groundwater, and likewise the efficiency of waste disposal systems, will be very important. The Plan in general and the additional residential development will not adversely affect the present or future plans of this School Board. Ministry of Agriculture and Food Since we last commented on the Development Plan for Newtonville, there has been a. considerable increase in the residential expan- sion area. It would be fair to say that the majority of the in- crease is south of Highway 2; development areas C and D. Areas C and D are composed of mainly Class 6W soil, as defined by the Canada Land Inventory at the 1:50,000 scale. The land is bounded by Highway 2 to the north and 401 to the south. In view of its limited capability for agriculture we have no objection. Although the other areas A, B and E are classified as prime agri- cultural land we feel that they are logical extensions to existing development. In order to avoid scatterization of residential develop- ment in the agricultural areas we encourage development to be dir- ected to hamlets or villages. Although we regret the loss of agri- cultural land we feel it is better to consolidate development. In view of the above we have no objection to this development plan at this time. Ministry of Natural Resources The development plan for the Hamlet of Newtonville has been reviewed in this office. Since there are no Ministry of Natural Resources con- cerns within the boundaries of the hamlet, we have no objections or comments to make. f- \J - 5 - Ministry of Transportation and Communications We would suggest that any residential development in this area be reviewed by the Ministry of the Environment in regard to noise attenuation requirements, i.e. berms, etc. COMMENTS: Staff have reviewed the results of the circulation, as noted above, and have revised the text and schedule of the hamlet plan, insofar as such revisions were consistent with or did not conflict with Council's previous directions to staff. The revised plan is included as attachment 1 to this report. The plan, as further revised, provides for approximately 180 new residential units in addition to the approximately 120 existing units. This represents a growth of about 150%. As pointed out in previous staff re- ports, this amount of development will require an amendment to the Durham Regional Official Plan. Staff do not feel that the attached plan is appropriate for the future development and/or redevelopment of Newtonville (see staff report P-72-80) . Staff note that the Public Works Department has indicated that a storm water management study should be a condition of any development ('other than infilling. Staff also feel that the Committee should consider y`P circulating a_questionnaire -to.the residents of Newtonville as undertaken in Orono, Mitchell'_s Corn a u�mrt If the Committee and Council feel that this plan accurately reflects their intent in respect of Newtonville, it would be appropriate for Council to forward the plan to Regional Council for comments in accordance wi h Section 10.4.2.2 of the Durham Regional Official Plan._ ----------- - 6 - RECOMMENDATION: That the Planning and Development Committee recommend to Council that this report be received and appropriate direction be given to staff in respect of the further processing of this plan. Respectfully submitted, TTE:lb D. N. Smith, M.C.I.P. October 7, 1980 Director of Planning REVISIONS AUGUST 21, 1979 REVISED SEPTEMBER 19, 1980 D E V E L O P M E N T P L A N for the H A M L E T O F N E W T 0 N V I L L E in the District Planning Area of the T 0 W N O F N E W C A S T L E NEWTONVILLE HAMLET DEVELOPMENT PLAN Date Resolution Comments TOWN APPROVAL: AMENDMENTS: TABLE OF CONTENTS SECTION PAGE 1. INTRODUCTION 1.1 Purpose 1 1.2 Basis 1 2. PLANNING CONTEXT 2.1 Existing Community 2.1.1 History 2 2.1.2 Community Facilities and Services 4 2.2 Development Considerations 2.2.1 Surficial Geology, Drainage and Topography 4 2.2.2 dater Supply 5 2.2. 3 Sewage Disposal 5 2.2.4 Service Limitations 6 2.2.5 Agriculture 6 2.2.6 Man Made Constraints 7 2. 3 Official Plans g 2.4 Zoning g 3. DEVELOPMENT POLICIES 3.1 Development Plan Limits 9 3.2 Residential 9 3.2.1 Policies 10 2 - PAGE 3.3 Community Facilities 12 3.4 Commercial 12 3.4.1 Policies 13 3.5 Industrial 13 3.5 .1 Policies 14 3.6 Roads 14 3. 7 Development Restrictions 14 3. 7.1 Policies 14 3.8 Servicing 15 3.9 Staging 15 3.9.1 Policies 16 4. INPLEMENTATION 17 INTERPRETATION 19 SCHEDULE '1' - Land Use Plan APPENDICIES A. Existing Land Use B. Building Conditions C. Development Considerations D. Clarke Zoning 1. INTRODUCTION 1.1 PURPOSE The purpose of this plan is to define and determine the scale and scope of development within the limits of the Hamlet of Newtonville. The plan describes the Town policies for the future land uses in the area, various aspects of the community development and the development controls to be used in implementing these policies. 1.2 BASIS This plan has been prepared in compliance with Section 10.4.2.1 of the Durham Regional Official Plan which requires that "delineation of the limits and the detailing of land uses in Hamlets shall be undertaken in a development plan adopted by the Council of the respective area munici- pality prior to major new development taking place". The following text and Schedule '1' constitute the Development Plan for the Hamlet of Newtonville and shall be used in conjunction with the Durham Regional Official Plan until such time as a District Plan has been prepared for the Town of Newcastle. At such time, Council may consider incorporating this Hamlet Development Plan as a component of the District Plan. 2. PLANNING CONTEXT 2.1 EXISTING COMMUNITY 2.1.1 History Newtonville has had several names throughout its history. In 1839, it was known as Newton, by 1848 it was called Newtonville and throughout the years it has also been referred to as Clarke Village. It was well located on the Kingston Road (Hwy. No. 2) , a popular east-west thorough- fare and at the junction of a road leading north to the ridge via Starkville and Kendal. Thomas J. Grover is said to be the first merchant in the village. Both he and William Watson had shops on Lot 9, Concession 1 in 1834. The village of Newton was laid out in the year 1834; and by 1846 it contained about 130 inhabitants who had a Presbyterian Church, a post office, and a post every day. The village contained three stores, one tanner, three taverns, one wagon maker, one wheelwright, one chairmaker, two black- smiths, one cooper, four shoemakers. The Canada Directory of 1851 published by John Lovell of Montreal and compiled by Robert Mackay, lists the following and gives a total population for Newton of 250. 1 postmaster - 3 carpenters 4 tailors - 1 tannery - 2 cabinetmakers - 2 carriagemakers 3 blacksmiths - 1 saddler 4 shoemakers - 2 innkeepers 4 general Cores - 1 Presbyterian Minister 2 j The remarkable growth of over 100 people and many additional businesses in the space of five years reflected the rapid settlement occurring in Clarke Township from 1846 until 1851. No doubt, the easy access to a main east-west thoroughfare and the trend to move north to settle new farms and work at lumbering affected this growth in Newton. A second listing in 1857 by Lovell's Directory shows a population of 350. Another 100 people were added in six years . The addition of the Grand Trunk rail line and a station about a mile south of the village contributed to the village's growth. Had this growth continued at that rate the village of Newton would be a thriving metropolis today but by 1869 "The Province of Ontario Gazetteer and Directory" shows Newton with a population of 200. In twelve years a real decline had set in, as it had throughout the region. The timber was rapidly being depleted on the ridge and the industries associated with the timber trade were failing. Political unrest was also a contributing factor and as yet no positive results of Confeder- ation had been felt. Cheap land in the mid-west was luring many west and from 1861 until 1871 more than 800 residents left Clarke Township. Through the latter half of the 19th Century and the first half of the 20th Century, Newtonville remained in decline. After World War II population began to increase again slightly. It now rests at approximately 300 persons. This low population in relation to the number of dwellings is due to a low occupancy ratio of many existing houses. A preliminary survey indicated the presence of 36 buildings of possible heritage interest. 3 2.1.2 Community Facilities and Services The existing community of Newtonville is presently served by a public school, a community hall, a church, two cemeteries, a telephone exchange and a post office. Private commercial services consist of a general store, an antique store, a disused service station and a gasoline and fuel oil dealer. The Newtonville Public School currently serves a wide rural area comprising all of lots 1 to 16 in Concessions A, BF, B, BF, I, II, and III and the south part of lots 1 to 16 in Con- cession IV. 2.2 DEVELOPMENT CONSIDERATIONS 2.2.1 Surficial Geology, Drainage and Topography The area north of the community is situated on a plain of silty clay till and a layer of lacustrine sandy clay overlies the till south of the community. Two random beach deposits composed of granular soil are located at the easterly and westerly limits of the hamlet. There are two small drainage features towards the southern boundary of the area and one intermittent stream northwest of the community. The sandy clay plain is flat lying and all slopes are less than 10%, but the till plain has a more rolling surface and portions of the south edge of the plain have slopes of 10% to 20%. Slopes on the beach deposit being excavated also exceed 10%. The till is generally well drained. However, the high-water table, san(�7 clay areas south of the hamlet and the organic soil areas southwest and due west of the hamlet are poorly drained. This high-water table, poorly drained condition, extends northerly into the community west of Regional Road 18. 4 2.2.2 Water Supply The community is presently served by private, individual wells, which obtain their domestic water supply from overburden aquifers. The aquifers are fine and coarse granular materials located at depths ranging from 0.6 to 48.0 meters below ground surface and varying in thickness from 0. 3 to 4.5 meters. Generally, the granular aquifers do not appear to be interconnected or of any great areal extent. The exception may be to the southeast of Newtonville, where an aquifer has been encountered at 6 to 9 meter depths by at least two wells. The probability for developing an individ- ual domestic well, is only fair and, although the data is insufficient to determine potential quantities, it appears that the system will be of low yield (less than 22. 7 1pm) . The indications for a municipal well system appear poor, with only a slight possibility of encountering a granular aquifer with suffic- ient areal extent and adequate recharge characteristics. Ministry of the Environment data indicates that the overburden contains more than one aquifer. In addition, the shale and limestone bedrock would yield sufficient water for domestic needs. The thickness of the overburden is estimated as, as much as, 100 meters. More detailed studies would be required to delineate horizontal and vertical extent of aqui- fers and to evaluate recharge characteristics. 2.2. 3 Sewage Disposal The community is presently served by private septic tanks and tile field systems. Site visits and discussions with local inhabitants indicated relatively few difficulties with existing systems. The silty clay till soils have poor to fair permeabilities and percolative capacities and, when consid- ering tile field construction in these areas, the minimum depth from ground surface to the water table should be 3. 7 meters. The lacustrine clay and organic soil areas to the south and west of the hamlet 5 may not be suitable for normal tile field construction. 2.2.4 Service Limitations Newtonville is constrained due to both the aquifer limitations and high-water table areas on lots south of Highway 2. There is the possibility that a perched water table condition may be present in some locations and, prior to tile field construction, testing should be carried out to ensure adequate separation from the high-water table. The surficial drainage courses in the area appear influent (groundwater contributes to feature) and tile fields should not be constructed within 60 meters of the edge of these features. Soils within the hamlet are suitable for growth with minimum lot sizes of 0.5 ha as specified in Section 3.1.1. 2.2.5 Agriculture The Canada Land Inventory indicates that the land on which the hamlet is located has a classification 18 42. Soils under this designation are 80% Class 1 soil and 20% Class 4 soil. Class 1 soils have no significant limitations in use for crops. Class 4 soils have severe limitations that restrict the range of crops or require special conservation practices or both. The subscript indicates that the significant limitation in this case is adverse topography. The lands surrounding the hamlet except on the south have the same classification. The land immediately south of the hamlet is classified 6w in the Canada Land Inventory. Soils in this class are capable of producing perenial forage crops and improvement practices are not feasible. The subscript w indicates that excess water other than from flooding limits use for agriculture. 6 } 2.2.6 Man Made Constraints (i) Highway #401 The high speed traffic and noise generation of Highway 401 combined with the restricted access thereto make this road a barrier to the further southerly extension of the hamlet. (ii) H.E.P.C. Easement An abandoned H.E.P.C. Easement passes immediately north of the built up area. Ontario Hydro advises that they are currently undertaking a study to ascertain the need to retain a number of similar abandoned easements in this part of the Province. If Hydro decides to relinquish their easement north of Newtonville, and the adjacent lands designated for development are not developed at that time, then the Development Plan could be reviewed to consider inclusion of the easement within the limits of the Hamlet Plan. (iii) School Capacities The Newtonville Public School presently has a capacity of 120 pupils assuming a desirable class size of 30 pupils or 140 pupils assuming a maxi- mum class size of 35 pupils. Enrolment has been declining slightly in recent years as follows: 1973 - 126 1974 - 125 1975 - 125 1976 - 126 1977 - 120 At the end of the 1977 - 1978 school year, a special education class accounting for 10 children was transferred to Newcastle Village and Kirby. The enrolment in the school for September 1978 is 107 pupils. Northumberland and Newcastle Board of Education Officials estimate that, if trends continue and if there is no new development in the school area, enrolment will drop to 100 by 1982. Using a pupil generation factor of .5 pupils per dwelling, an additional 26 houses would have to be constructed in the school area to eliminate existing vacan- cies, and 40 houses are required to eliminate projected vacancies. In addition, the present school site could accommodate building expansion if it were required. School capacity is also available in Kendal, and pupils from the northern part of the school area could be transferred to the Kendal Public School if necessary. In sum a modest amount of additional development could be accommodated in Newtonville without over- taxing existing school facilities. 7 2. 3 OFFICIAL PLANS Prior to approval of the Durham Regional Official Plan, the Hamlet of Newtonville was subject to the provisions of the Official Plan for the former Township of Clarke, which was repealed in November, 1976. Adoption of this Hamlet Development Plan by the Council of the Town of Newcastle shall, therefore, provide planning guidelines for this hamlet in order to ensure its orderly growth. This Hamlet Development Plan may eventually form a part of the District Plan for the District Planning area of the Town of Newcastle, which in turn shall be secondary to the Durham Regional Official Plan. 2.4 ZONING This Hamlet Development Plan shall be used as the basis for preparing the restricted area (zoning) by—laws for the area under consideration. 8 i 3. DEVELOPMENT POLICIES 3.1 DEVELOPMENT PLAN LIMITS In accordance with Section 10.4.2.1 of the Durham Regional Official Plan, the area in lots 7, 8, 9 and 10, Concession I and II, in the former Township of Clarke, as shown on Schedule 1 delineates the extent of this Hamlet Plan Area. Any adjustment to the Hamlet Development Plan Area boundaries as delineated on Schedule 1, shall require an amendment to this Plan and may require an amendment to the Durham Regional Official Plan or the Town's District Plan,when in place. 3.2 RESIDENTIAL There are 120 dwellings in the hamlet at the present time which includes 116 single family dwellings and 4 apartments. This Development Plan provides for residential growth within designated areas, subject to specific conditions. New development should be integrated into the existing hamlet in a manner that will minimize any adverse impacts upon the existing residential areas and social fabric of the community. The new residential lots should be rectangular and at least 0.5 hectares in size within the areas proposed for infilling or expansion. The minimum lot size has the effect of reducing the possibility of health problems occurring due to problems with septic tank systems as well as reducing the draw down effects con- centrated development has on groundwater supplies. 9 Care should also be taken to ensure that the architectural character of the hamlet is complemented and enhanced where infilling or new development occurs. The Town of Newcastle shall pursue a policy of encouraging and/or requiring tree planting and preservation so that all areas of the hamlet retain and provide a high standard of visual amenity. 3. 2.1 Policies (i) In accordance with Section 10.4.1.1 of the Durham Regional Official Plan, the predominant land use permitted within the Hamlet Development Plan Area shall be single family residential. Home occupations which do not create a nuisance through noise, smell, unsightly storage or traffic may also be permitted. (ii) The staging of new residential lots permitted within the areas designated for expansion is detailed within Section 3.9 of this hamlet development plan. Schedule "1" indicates the maximum number of residential lots permitted within the designated areas. (iii) Any adjustment to the number of lots permitted within the areas designated for expansion shall require an amendment to this plan. (iv) Infilling may occur within the existing built up area and areas designated for Infilling, subject to the following conditions : (a) that the proposed development shall not adversely affect adjacent wells and septic tanks; a (b) that no permanent structure, building, septic tanks or the beds are lo- cated within the Area subject to Development Restrictions as designated on Schedule "1" of this Plan; (c) the minimum lot size for new residential lots shall be 0.5 hectares, however, this may be reduced in accordance with the provisions of Section 4.2 of this Plan and shall ensure that a reserve area is retained for duplicate tile field construction. 10 (d) that the requirements of the Durham Health Unit as amended from time to time are satisfied. (v) The minimum lot size for new residential lots in the area proposed for "Resi- dential Expansion" shall be 0.5 hectares, however, this may be reduced in accordance with the provisions of Section 4.2 of this Plan, and shall (a) meet the requirements of the Durham Health Unit as amended from time to time; and (b) ensure that a reserve area is retained for duplicate tile field construction; and (c) ensure that the proposed development does not adversely affect adjacent wells and septic tanks; and (d) ensure that no permanent structure, building, septic tanks or tile beds are located within the Area subject to Development Restrictions as designated on Schedule "1" of this Plan. (vi) In accordance with Section 10.4.1.5 of the Durham Regional Official Plan, all new residential development within the Hamlet Development Plan Areas shall be serviced by a private drilled well, drawing from a deeper aquifer than existing wells, and a private waste disposal system which complies with the standards of the Ministry of the Environment as amended from time to time and as administered by the Medical Officer of Health or otherwise. (vii) The present architectural character of the Hamlet shall be complemented and en- hanced where infilling or new development occurs within the Hamlet Development Plan Area. (viii) The Town of Newcastle shall encourage and require tree planting and preservation, through the terms of subdivision agreements and development approvals, so that all areas are provided with sufficient vegetation to maintain a high standard of amenity and appearance. (ix) In accordance with Section 10.4.1.6 of the Durham Regional Official Plan, all devel- opment within the Hamlet Development Plan Area shall comply with the Agricultural Code of Practice as amended from time to time. (x) In considering residential development abutting freeways or which may be adversely affected by excessive noise levels, Council shall require, in consultation with the Ministry of the Environment, an analysis of the noise environment. 1 (xi) No new development shall be permitted within those areas subject to develop- ment restrictions as designated on Schedule "1" of this Plan. 3.3 COMMUNITY FACILITIES (i) The present community contains a school located on a 2.0 hectare site as well as a Community Hall. In addition, in order to provide for future community uses, a park site and additional land for school uses have been designated adjacent to the existing school site. (ii) In accordance with Section 10.4.1.1 of the Durham Regional Official Plan, areas designated as Community Facility on Schedule '1' , may be developed for community uses such as minor community centres, places of worship, fraternal organizat'J_ons, schools, post offices, and parks. These uses may also be permitted within those areas designated for infilling, expansion and within the existing built up areas shown on Schedule '1' to this plan. (iii) Prerequisite to further development occurring within the limits of the Hamlet Development Plan Area, an adequate water storage for fire fighting purposes, shall be provided. This shall be accomplished by the provision of reservoirs under the terms of subdivision agreements or through cash contributions in the case of con- sents. These reservoirs shall be provided on the basis of one for every seventy-five dwelling units or less, and shall have a minimum capacity of 100,000 litres in accord- ance with the Municipality's specifications. (iv) Parkland shall be acquired through dedication or municipal purchase using monies re- ceived as cash-in-lieu through subdivision or consent approvals. 3.4 COMMERCIAL At present, there are a limited number of commercial uses within Newtonville. It is not anticipated that proposed residential expansion will generate a great deal of demand for additional commercial facilities. For this reason, no additional commercial sites have been designated other than those presently in use within the hamlet plan area. However, notwithstanding this fact, additional com- mercial development may be considered in accordance with the following policies. 12 3.4.1 Policies (i) Areas designated as "Commercial" on Schedule 1 may be developed for commercial uses of a size and character which are consistentwith and complementary to the character of the hamlet and which are intended to meet the needs of either the residents of the hamlet or the surrounding rural areas, or the seasonal tourist trade. These uses shall be similar in kind but not limited to the following: - general stores - bakeries - hardware stores - personal services - antique stores - souvenir shops - butcher shops - farm implement dealerships - automobile service stations - farm related service businesses Provisions respecting maximum leaseable area and definition of use shall be in- cluded within the implementing restricted area (zoning) by-law. Notwithstanding any provision of this plan to the contrary, commercial development may be permitted to locate within the areas designated as existing residential-or infilling on Schedule 1 to this plan, and without amendment to this plan; provided that the proposed use(s) are in close proximity to the existing designated commercial areas and will have no adverse affects upon-the-existing use-of surrounding lands - the implementation of this plan. (iii) Proposals for commercial development within the hamlet shall be assessed on their own merit, bearing in mind the character of the hamlet, the existing commercial uses and the necessity of such a use. (iv) The development or redevelopment of areas for commercial uses within the hamlet shall be subject to suitable zoning and site plan controls. 3.5 INDUSTRIAL There are no existing industrial uses within the Hamlet and Industrial development should not be encouraged. 13 3.5.1 Policies Not withstanding Section 10.4.1.1 of the Durham Regional Official Plan, Industrial development shall not be permitted within the Hamlet Development Plan Area. 3.6 ROADS (i) No new lots shall be created except on roads which have a minimum road allowance width of 20 m (66 ft. ) and have been accepted for year-round maintenance by the Town of Newcastle Works Department, and no new road shall intersect any existing road which is less than 20 m (66 ft. ) in width or does not meet the required stan- dards of the Public storks Department. (ii) In accordance with Section 10.4.1. 3 of the Durham Regional Official Plan, the Hamlet shall develop in depth rather than strips. To facilitate possible future in-depth development, rights-of-way should be obtained at appropriate intervals to provide eventual access to lots behind existing and proposed development. Wherever possible these rights-of-way should be obtained in the course of approving plans of subdiv- ision and consents for land severances. 3. 7 DEVELOPMENT RESTRICTIONS It is recommended that watercourses, their related flood plains, environmentally sensitive areas or hazard lands be retained in their natural state in order to provide both visual and physical open spaces and to preserve and protect them as sensitive to development. The Town of Newcastle shall also endeavour to preserve and protect environmentally sensitive areas, which may be identified from time to time by agencies or authorities having jurisdiction. 3. 7.1 Policies (i) Those areas which are subject to development restrictions, as designated on Scheduh '1' shall be used for agriculture and farm-related uses, conservation, reforestation, public or nriva�:e open space and recreational uses if compatible with their surroundings and the particular site restrictions. 14 i (ii) The areal extent of hazard lands or environmentally sensitive areas shall be defined in subsequent zoning by-laws in consultation with the Ganaraska Region Conservation Authority. (iii) Building and/or lot line setbacks, which may vary with on-site physical con- ditions, may be required from the limits of hazard lands or environmentally sensitive areas. Setback requirements shall be determined by the Town of New- castle and the Ganaraska Conservation Authority. In situations involving water- courses which will not be flood line mapped by' a public or private agency, the Town shall, in future zoning by-laws, and in consultation with Ganaraska Con- servation Authority, impose minimum building setbacks from the centre line of said watercourse. This shall ensure a reasonable degree of flood protection and provide for the potential of a continuous open space network. Mhere new development is proposed on a site, part of which has been identified as hazard lands or en- vironmentally sensitive, the Town may or may not accept such lands as park dedication, in accordance with adopted policy. (iv) No permanent structures, buildings, septic tanks or the beds shall be permitted within areas subject to Development Restrictions as delineated on Schedule '1' . 3. 8 SERVICING In order to minimize potential impacts of new development upon existing residences, prior to development occurring within areas designated for expansion, the Torn shall conduct a storm- water management study for the Hamlet of Newtonville. Furthermore, the proponents of development will be responsible for demonstrating, to the satisfaction of the Town and the Durham Health Unit, the methods whereby sanitary sewage and storm water run-off will be dealt with in order to comply with the recommendations of the storm water management study and to prevent possible contamination of the water table. 3.9 STAGING New development within the areas designated for expansion, shall be staged in order to control the hamlet's rate of growth. This is intended to minimize development impacts upon existing 15 residences and to facilitate annual monitoring of groundwater supplies and the operation of septic tanks and tile beds. 3.9.1 Policies (i) New development within the areas designated for expansion shall be limited to 5 lots per annum for the first two years; after which this figure shall be further reviewed. Determination of this limit was based upon an evaluation of existing development, proposed development, historic growth rates, servicing limitations and other development restrictions within the hamlet. (ii) Schedule 1 identifies alphabetically the areas designated for expansion and this shall represent the sequence for staging development. (iii) The Council of the Town of Newcastle may recommend draft approval of one or more plans of subdivision within a designated area, as identified in (ii) above. However, any lots approved in excess of the annual limit shall be given a deferred designation in the implementing restricted area by-law. Development of a designated area for expansion shall be substantially completed prior to the Town considering further draft approvals within subsequent areas. (iv) The annual limit of lots to be permitted within the hamlet, shall. be allocated to subdividers within a designated area for expansion, in proportion to the number of approved lots within their subdivision(s) . (v) The Town of Newcastle shall undertake an annual monitoring of building activity; in conjunction with monitoring of groundwater supplies and quality within the hamlet, and may adjust staging accordingly. If building permits have not been applied for and/or granted for appropriately zoned lots, then the number of lots potentiallyreleased in successive years shall equal the annual limit less any residual from the previous year. In those instances where the annual limit has been divided among a number of subdividers, failure to make use of an allocation by a subdivider shall not limit the allocations of other subdividers in subsequent years and shall only affect subsequent allocations to the subdivider which has a residual. (vi) The policies of this Section shall not be interpreted as being applicable to areas designated for infilling. 16 4. IMPLEMENTATION 4.1 In accordance with Section 10.4.2. 3 of the Durham Regional Official Plan, residential development within the Hamlet Development Plan Area shall proceed by registered plan of subdivision if the dedication of new roads is required. Where no new roads are involved land division may occur by consent to a maximum of three lots. 4.2 Notwithstanding any provision of this plan to the contrary, applications for development within the hamlet shall be accompanied by a detailed engineering report based on test drilling which confirms: (i) An adequate supply of potable water and soil conditions satisfactory for the effective operation of a private waste disposal system; and (ii) An adequate separation between water table and septic tile fields. If, after conducting the above investigation, evidence satisfactory to the Town of Newcastle and the Durham Health Unit, has been produced which indicates that a reduction in the minimum lot area require- ment is warranted, Council may approve such a reduction only so far as the minimum lot size is not re- duced to below 0. 3 hectares (0. 75 ac. ) and the average lot size for a given proposal is not reduced to below 0.4 hectares (1.0 ac.) . Upon receiving such approval, the applicant may submit a proposal based upon this reduction, to the maximum number of lots which would be permitted by such a reduction but not to 'exceed the number of lots permitted within a designated area. An amendment to the Hamlet Plan shall be required in carder to adjust the maximum number of lots permitted. 17 4. 3 In accordance with Section 10.4.2.6 of the Durham Regional Official Plan, Regional Council in co-operation with the Council of the Town of Newcastle and the Ministry of the Environ- ment shall regulate growth in the Hamlet of Newtonville in order to preclude groundwater or private waste disposal system problems which might arise as a consequence of development. The regulation of future growth shall be based on the result of a groundwater monitoring program to be undertaken jointly by the Town of Newcastle and the 1inistry of the Environment which will include: (i) An appraisal of the continuing availability of groundwater supplies to the existing residents as well as any depletion of the groundwater aquifer which may be caused by new development or otherwise; and (ii) A sampling of the quality of the groundwater supply with respect to any con- tamination. 4.4 The precise limits of the land use areas shall be delineated by the Restricted Area Zoning By-law. 4.5 The Council of the Town of Newcastle may upon the advice of its Local Architectural Conservation Advisory Committee define by by-law an area or areas within the Hamlet for study leading to future designations as Heritage Conservation Districts. 18 INTERPRETATION The boundaries between land us a; as designated on Schedule '1' are approximate only and are not intended as exact limits except where they coincide with major roads, railways, water courses or other clearly recognizable physical features. Therefore, amendments to this plan will not be required in order to make minor adjustments to land use boundaries provided the general intent of the Plan is preserved. 19 Lj EXISTING RESIDENTIAL RESIDENTIAL INFILLING ;,.,;: •:ti? RESIDENTIAL EXPANSION may•. COMMERCIAL COMMUNITY FACILITY NEIGHBOURHOOD PAR ELEMENTARY SCHOOL : .. AREA SUBJECT TO DEVELOPMENT RESTRICTIONS i' r• UTILITY LIMIT OE HAMLET DEVELOPMENT PLAN POSSIBLE ROAD ALIGNMENTS °"j WALKWAY MAXIMUM N2 OF LOWS SEQUENCE OF STAGING TOWN OF NEWCASTLE mmwm i NEWTONVILLE LAND USE STRUCTURE PLAN SCHEDULE> I 0 ic00 400 s t. 0 25 IEs 4 51.03 'kt.Zo 30NVh10-1 iV 'Q ® ® 531 1 i;S? i'ii£t.3 i% st iF i::x»; •r•,.•t 4 aEi P - - \. N lVd iiii �. ?:�:�e» c :' a:: '1 gp r• � �,. 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W^ �e^ 4� ,. :°` t'• l„C >. ^e , .,�•fai `sy' t `� '3•l�Cent;�• 4�: 1i 'T �! 4 t-C1,'.•�E r.eC`r• .`���`�'•' C:��_`'•�,_.:-.-ju .�''✓ ,.�,J�� '?wTti' t•.=.'.a;.r �,•. I�,• --r t I(_';h.`": i�°,n'. '<"rt•f:'Yr,,��•,,��r'''•n C;> v l�Tc•,l.' :%•li:!" g$` .. 4 . ec ,n• °z• r n.','�' ,:,t•dc;;';'=;" �'..;` 1 3'a �3 a 3;3y t ,M �v,t,.• r, r '�,.f'•!:•,,,,M r.;.�"'i" f"' h'• !.�y;•. '.. d r4 F•*,f. •,t r• ONTERCH N, r � C:• /�-�.�r•C,.3.,f•,r',. ir�'GY ».� J�.,t�»l.�` 6�.T•sa +:,: t LT'• :2^�:r rte?'"":;Y..�'.:• t',�'•x. ;:'z. r..: �^� `,c•:. r,•x•�'t,� '•��,��•��•va..� �rc G; ° OF th'EGIUh' i t. .Fl•`.^ `t-+,�izr•;�rl:t5^=%^.•}••v',•;r•;i•,•.s2 ii •��='%:tc j�` "n •:7i''loY`"'1' 'rZ!i.,:,�.;.^C tom•• ((y� N�n b �O(,a+{".® IV T -r:,--,.; <.r�I���'C. �. :7r� WITH �S��dZ<. �y.:,.••�u ri`Tpar� -;t'rrC•"..; n`'•`` �"�1;'.!.�.Y„t..2 r,pa. .. 1yJ.•°'";p:.-�r,>r,/fie, '�.•r h`°'�"'•;!^e• G�� c^�» fr�k.•,.�.r�nr. ',.t;'!"'<'t< 'b v�° nay,,.?;, :�; .i tC,. ZZ . .a •"1 t L 0,�t��C'�:1•r `:t'^a••'�M1?n.e•:rr'•:1 t �,1�� �liT Cl �� HI(mrv'V,!,,'r N" 401, H v� Appendix A EMSMMG D USE jI AZT FACM EJUTILrry tt;:fui 55 I e� i �•� �tiii�ii� C RCLAL � I p+€ i a 111"STMUTMAL r, MAPARTMENTS EVACANT OR AGR9CU.TURAL II I I I ' I COT 9 �B I t- __ WT 7 -T 6 -- �J HIO4d1Y M 401 Appendix B NEWIMNVIU.E BUILDING CONDUMS I , „ I � I .I , 1 , FAIR POOR , I � 13, , 1 1 , , I I UMM cONSTRUCT M s I i i , , „ 1 , � 1 I I } ; I „ I 1 i I)I I.I . I I , I � I H*I"Y M 401 /^1 , 1 ypll;l,il`:I i, �► Ii,l 1 �) ,' t`�(�I ,,.o t S ��jzry 7yYS3. ii ,;;: ' 1..,�=,y#,h �j : : a' i :atJV MUa 000d IE F cCi�Zyi�•� ,Yi y 9 �QZ Q6 3do-M MoClatm 'D 'M amm i )f! dV NE Appendix D CLARKE ZONING 1 � i 1 , i I I I I ; 1 iI lil I i ' CO=zRcML 1 it I I ' 3{ 1 I 1 I 1 I i I I aKtt�Tts�a�,L f II 1 li yu wW^` ; I t ............. .. — — .....::.:.:. ...:.......... .....:............. a�' .:..::.......:::.::: . : }j I I I �- _ I - i 1 I 1 I 1 I 1 1 t t I I I 111 I ri I � I I , i i 1 LO q LU 9 LOT 7 M3'itaW' M cpl -