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.
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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:
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"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
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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,
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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.
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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.
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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.
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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.
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"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
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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'-
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SITE IX
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KEY MAP ATTACHMENT N ° 1 0 500 1000M
OFFICIAL PLAN AMENDMENT
76 -35 /D P-86-60 300 100
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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.
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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.
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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.
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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
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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
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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.
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Dr. M. Michael , M.C. I .P .
Commissioner of Planning.
JS/LK
Attachments: Location Map
4. 1
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MANVERS TWP,
27 L O I FOREST CLAR(CE TWP LOT 2
FOREST
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CON. X
AGRICULTURAL LANO M
APPLICANT'S PROPOSAL
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TENTH LINE 8ARN
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AGRICULTURAL
LANG AGRICULTURAL LANO
EXTENT Of
CODE OF PRACTICE
FOREST.�• !: ,
CON. IX �C y �, I FOREST
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TOWN OF NEWCASTLE
KEY MAPJ
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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
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