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HomeMy WebLinkAboutP-186-80 � 9 CORPORATION OF THE TOWN OF NEWCASTLE PLANNINGAND 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-186-80 SUBJECT: Application for amendment to Regional Official Plan Part Lot 24, Concession 9, former Clarke Township Waverly Heights Subdivision - File: 76-35/D (Revised) BACKGROUND: On October 21, 1980 Regional Planning and Development Committee considered the above mentioned application and tabled the application for sixty days to allow the applicant to submit additional information in respect of the proposal. Regional Planning staff have requested Town staff to bring forward a report in respect of this matter as soon as possible. Regional staff are aware that Town staff have presented a number of reports regarding the proposal which have been tabled or referred back to staff. On September 15, 1980, Newcastle Planning and Development Committee referred Report P-138-80 back to Planning staff for reconsideration with correspondence from the Ministry of Natural Resources, dated September 12, 1980. Staff have reviewed the letter from Natural Resources and in order to comply with the Regional request for a response within sixty days, submit this Report as the meeting of October 27, 1980 may be the last meeting of the presently constituted Committee. V �l - 2 - COMMENT: As noted in the Regional Staff Report (copy attached) , the Ministry of Agriculture and Food has indicated that there must be a minimun separation distance between the agricultural use north of the property and any of the proposed lands. A major portion of the proposed plan is affected by this requirement. Staff have indicated to the pro- ponent on a number of occasions that this particular concern should be addressed in addition to those concerns of the Ministry of Natural Re- sources. It is interesting to note that Regional staff are of the opinion that despite the withdrawal of the Ministry of Natural Resources' objection, that the proposed plan does not conform with the Durham Regional Official Plan. Town staff note that the proponent has not yet addressed the matter of noise generated from Highway 35 nor has the applicant thoroughly dealt with the matter of heavy truck traffic on Regional Road 20. Staff Report P-86-80 (attached) was placed before the Planning Com- mittee on June 9, 1980 at the applicant's request. On July 7, 1980 and July 21, 1980, the report was tabled at the applicant's request. On September 15, 1980, staff recommended that Report P-86-80 be lifted from the table and dealt with at that time at the applicant's request. Resolution PD-284-80 was moved as noted above. Town staff feel that the proponent has had adequate time to address those matters noted above and feel that the recom- mendation of Report P-86-80 should now be considered again. RECOMMENDATION: That Planning and Development Committee recommend to Council that the following Resolution be adopted: —d �1�f 3 - "The Town of Newcastle recommends denial of Official Plan Amendment 76-35/D (Revised) for Part of Lot 24, Concession 9, former Township of Clarke." Respectfully submitted, /�4-i-. DNS:lb D. N. Smith, M.C.I.P. October 21, 1980 Director of Planning 1 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P., Director HAMPTON,ONTAR 10 LOB 1JO TEL. (416)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COW4ITTEE i4EETING 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) BACKGROUND: As indicated by staff report P-182-79 on October 15, 1979, a 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. i 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 continents 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. Durham Health Unit No objection. 11inistry of Agriculture 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 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. Ministry 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 pi Ls 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 with eventual utiliz- ation of mineral deposits on Lhe adjncent or nearby lands as well as with Lruck traffic from the existing pits nearby. There is also a good quality hardwood woodlot on most of the property. This woodloL 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- Elict 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 how conflicts with mining nearby will be avoided. Our recommendation at this time is that the proposal is premature. 3 - 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 72-01.0 to be elgible for future maintenance and/or reconstruction subsidy. Ministry of the Environment The 26 lot resiclent.i.a1. development proposed is to be ser- viced by llidlvidun.l. wells and sepL.ic Lank systems . Comments proposed on the use Or sep lc -an: 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 acquifers 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 Ministry 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. In addition to the potential noise problem we note that there is I farm located acl.}ac:ei1t to thv development site. Cf1ICU1at10 1Js using the minimum distance separ;lLion Formula of the Agricultural Code of Practice for Ontario indicaLes that a separation distance of 984 ft. (approx. 299 m. ) will 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 resolve 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- ing clause in a registered portion of the subdivider's agreement would satisfy our concern. 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 Conservation Authority The site was reviewed on a previous occasion for purposes of developing a 173 unit mobile home p;,,-1,-_ At- that tiw_p 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. COMMENTS: Section 10. 3.2.1 of the Durham Regional Official Plan prescribes certain 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;" (e) "The proposal shall not unduly restrict the use of adja- cent properties For agriculture, conservation and recreation, forest production or mineral extration;" (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- tains 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 rli nistry of Agriculture and Toad, and the Ministry of the Environment indicated that the proposal does not comply with the Agricultural Code of Practice, in direct conflict with subsection (i) . This, in turn, could unclu- re- strict the use of adjacent lands for agriculture, if the proposal were approved, and would be in direct conflict with subsection (e) . The Ministry 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. Lie, therefore, cannot recommend approval. RECOHMNDATIONS: That the Ph,inn hig and I)uveiol>munt Committee ruconunend to Councl.l. the following: 1. That report P-86-80 be received; and that 6 2. The Region of Durham be advised that the Town of Newcastle recommends denial of Official Plan Amendment Application 76-35/D, for Part of Lot 24, Concession 9, former Township of Clarke. Respectfully submitted, TTR:lb D N. May 8, 1980 Director of Planning 29 26 27 26 25 24 23 22 21 - 20 - - -19 J'- I w JL SITE IX i 111 I i I VIII to! M I 1 I Ali ;� II i / I KEY MAP ATTACHMENT N ° 1 0 500 1000M OFFICIAL PLAN AMENDMENT 76 -35 /D P-86-60 300 100 y4 l URMNM Planning,Department Commissioner' s Report to Planning Committee Report No. 80-239 Date: October 21, 1980 SUBJECT APPLICATION TO AMEND THE DURHAM REGIONAL OFFICIAL PLAN ON BEHALF OF WAVERLY HEIGHTS SUBDIVISION (OSHAWA) LIMITED, FILE 76-35/D. —CORRESPONDENCE #76-164 DATED DECEMBER 2, 1976 FROM MR. C. F. FLEISCHMANN, DONEVAN AND FLEISCHMANN CO. LTD. (APPLICATION) CORRESPONDENCE #79-855 DATED JULY 27, 1979 FROM MR. M. ZYGOCKI, WAVERLY HEIGHTS SUBDIVISION (OSHAWA) LIMITED (REVISED APPLICATION) RECOMMENDATION THAT the application of Waverly Heights Subdivision (Oshawa) Limited , File 76-35/D, to amend the Durham Regional Official Plan be denied; and further that the applicant and the Council of the Town of Newcastle be so advised. REPORT. 1 ) Application In December, 1976, the applicant submitted a proposal (Correspondence 76-164) to develop a 173 unit mobile home park on 19 ha (47 acre) of land located on Part of Lot 24, Concession 9, former Township of Clarke now in the Town of Newcastle. -On July 27, 1979, Mr. M. Zygocki of Waverly Heights Subdivision (Oshawa) Limited revised his Official Plan Amendment application (Correspondence 79-855) by now requesting that the subject lands be designated to. permit estate residential development consisting of 26 lots. The proposal to permit estate residential development is the subject of this report. 2) Submissions 2.1 In response to a "Public Notice" placed in the appropriate newspapers , no submissions with respect to the subject estate residential amendment application were received by the Region. 38 A ktll $ � ' Commissioner' s Report No. 80-239 3 3 ; Page 2 2.2 The T oven of Newcastle in dealing with the original mobile home park, received a number of letters of objection, ashwell f as a petition containing twenty-four signatures. 3. ' Background ;.>. 3.1 The subject site is presently designated Major Open Space System Oak f j Ridges Moraine in the Durham Regional Official Plan. ij 3r developments may be permitted by amendment to the Plan Bsubjectetodanti al ?« number of criteria as identified in the Plan. 3.2 The northern boundary to the site fronts onto the road between �. Concessions 9 and 10 while most of the eastern boundary of the site fronts onto Highway No, 35. ---__ 3.3- The--s ise- i-s--sl i-ghtl-y rolling and—is al most completely forest covered , such forest consisting of a mixtu poplars re of birch, maple, oak, pine and 3.4 The surrounding land uses consist of agricultural operations to the north, agricultural lands and wooded area to the east, south and west. � Highajzkr 35 borders the eastern boundary of the subject lands. 4) Area Municipal Council Resolution 4.1 To date a recommendation from the Council of the Town of Newcastle has not been received with respect to this matter. 4.2 As indicated above, this application was originally received by the Region In 1976. In an effort to deal with these old amendment applications , received prior to 1979, the Regional Planning Committee in May 1980 respectfully requested the Area Municipalities which have not provided a recommendation to forward its comments within 60 days or it would be assumed that no comments would be forthcoming. No response to this request has been received to date. 4.3 The subject amendment application has been tabled by the Planning Committee of the Town of Newcastle further to its review of a recommendation received from staff of the Town to deny the subject Official Plan Amendment application of Waverly Heights Subdivision (Oshawa) Limited. 5) Comments 5.1 An existing agricultural operation is located to the north of the subject lands, On these lands a barn is located approximately 75 feet north of 39 4 „„p3 h Commissioner' s Report No. 80-239 Page 3 the northern boundary of the area proposed for residential uses. The Ministry of Agriculture and Food in its review of the amendment application has indicated that the Agricultural Code of Practice requires a distance separation of 984 feet, and as a result, a number of lots would not be permitted. Section 10.3.2.1 .1 ) of the Durham Regional Official Plan indicates that estate residential proposals shall comply with the Agricultural Code of Practice. 5.2 The lands to the east, west and north of the proposal are currently used for agricultural purposes. In addition, with the lack of conformity with the Agricultural Code of Practice it is staff' s opinion that the proposed residential development is an intrusion into an agricultural area and could hamper the viability and flexibility of agricultural activities in adjacent areas. As a result, the proposal would be contrary to Section 10.3.2.1.e) of the Durham Regional Official Plan which indicates that _ _such estztte re-s-ide- ti al p-ropesal-s- s-hal-1 -not-undul-y--res-tri-ct _the use of adjacent properties for, among other things, agricultural uses. 5.3 Highway No. 35 is adjacent to approximately 1200 ft. of the eastern boundary of the subject lands and is in close proximity to another 500 feet of the subject lands. Staff is of the opinion that it is inappropriate to locate estate residential developments which are designed to be relatively free of traditional urban housing impacts, such as noise sources adjacent to a Provincial Highway which is designed to carry high volumes of traffic at high speeds. These volumes include trucks using the highway at various times throughout the day and night. In addition, gravel trucks from the numerous gravel pits to the north use this highway to bring this resource to southern markets. Staff is of th. opinion that these noise sources are an inappropriate intrusion on to an estate residential proposal in this location. In this regard , the Ministry of the Environment in reviewing the application has i ndi cats-,d its concern with respect to this aspect of the proposal . Furthermore, Section 10.3.2.1.c) of the Durham Regional Official Plan indicates that the location of estate residential proposals should be such that they are not adversely affected by existing or proposed utilities , highways, airports, railways and hydro transmission lines. 5.4 The subject lands are shown as being in the "High Potential" as identified on Map E of the Durham Regional Official Plan. In addition, a number of gravel pits are located to the west and north of the proposed residential subdivision. However, the applicant has undertaken a study to determine the aggreaate potential of the site and this report indicates that quality granular material is limited and that a pit operation is not feasible. 5.5 With respect to the woodl of which covers almost the entire site and is part of a l arge wooded area to the south, east and west, 'staff of the Ministry of Natural Resources in earlier comments made on the proposal has indicated that it is a good quality hardwood woodl of with a mixture of well established mature hardwoods, maple, oak and hemlock. This 40 Commissioner' s Report No. 80-239 Page 4 woodl of has productive potential and ideally should be managed to maximize its forestry value. It is Regional staff's opinion that the use of the subject site for forestry production is a more appropriate use than that proposed by the applicant in that it would be in keeping with the rural environment of the area. Staff should point out however, that staff of the Ministry of Natural Resources in a subsequent letter addressed to the Town of Newcastle has now indicated that although they still find it unfortunate that such a productive woodl of should be sterilized for future use they are now willing to withdraw their objection to the proposal . The Ministry indicates there is no way of ensuring that the trees would be managed for production even if development aere not approved. However, and notwithstanding the withdrawal of the Ministry of Natural Resource's objection, Regional staff_mai ntai_n that i-f the wood-lot- as part of a larger forested area is valuable, and it has been indicated to be so, that, the approval of the subject application would be contrary to Section 10.3.2.1 .d) of the Durham Regional Official Plan which indicates that estate residential proposals are not to be located on lands having a high capability for, among other things, forest production. There are mechanisms such as a Tree By-law passed persuant to the Trees Act in which municipalities can protect valuable forest and woodlot resources from i ndi scrimi pant cutting and destruction. In addition, Section 12.3.2. of the Durham Regional Official Plan indicates i n part that "The reforestation and improvement of existing natural wooded areas within the Region and in particular within the Major Open Space System shall be encouraged . . .. ". 5.6 In conclusion, as a result of the previous comments made in this report, staff is recommending that the subject amendment application be denied. r Dr. M. Michael , M.C. I .P . Commissioner of Planning. JS/LK Attachments: Location Map 4. 1 R MANVERS TWP, 27 L O I FOREST CLAR(CE TWP LOT 2 FOREST t FOREST CON. X AGRICULTURAL LANO M APPLICANT'S PROPOSAL �Q Z• AGRICUt7UHA1_ LANO TENTH LINE 8ARN 7 AGRICULTURAL LANG AGRICULTURAL LANO EXTENT Of CODE OF PRACTICE FOREST.�• !: , CON. IX �C y �, I FOREST ! v ``' _ � I � TOWN OF NEWCASTLE KEY MAPJ I I ( I ( I I I ( I SITE x,01\� APPLICATION SUBMITTED BY WAVERLY HEIGHTS SUBDIVISION (OSHAWA) LTD, 32,31 30-29 2e 27,26,25 T .21 '20 1919 g •I `t6 S � •3 t2 FILE: 7E-35/D r� Gana rallro Forts) vi I I L u 12