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Home My WebLink AboutPD-193-891 N: JAMES TOWN OF NEWCASTLE 40- REPORT File # Res. # By-Law # MEETING: General Purpose and Administration Committee DATE: MONDAY, JULY 17, 1989 REPORT #: PD-193-89 FILE #: OPA 88-107/D, DEV 88-122 W&ECT: OFFICIAL PLAN AMENDMENT AND REZONING APPLICATION, JAMES C. REYNAERT PART LOT 15, CONCESSION 7, FORMER TOWNSHIP OF CLARKE FILES: OPA 88-107/Dj DEV 88-122 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 193 -89 be received; 2. THAT the application to amend the Durham Regional official Plan submitted by James C. Reynaert to permit the development of a fourteen (14) lot estate residential subdivision be recommended to the Region of Durham for approval. 3. THAT the proposed Zoning By-law Amendment to the Town of Newcastle Comprehensive Zoning By-law, as amended, be approved and the necessary by-law amendment be forwarded to Council at such as the Official Plan amendment has been approved by the Region. 4. THAT a copy of Report ('0-1,75,4Y be forwarded to the Region of Durham and to the interested parties hereto attached, be informed of Council's decision. ...2 599 39 REPORT NO.: PD-193-89 ra 1.1 On November 17, 1988, the Planning and Development Department received an application from James C. Reynaert to amend the Town's Comprehensive By-law 84-63. Subsequently, on November 25, 1988, the Town was advised by the Regional Planning Department of an application to amend the Durham Regional Official Plan. The subject applications seek to develop a fourteen (14) lot Estate Residential subdivision on a 15.28 ha parcel of land located on the northwest corner of Regional Road No. 9 and Carscadden Road. 1.2 On February 20, 1989, a further meeting was held and the General Purpose and Administration Committee referred the Official Plan Amendment and Rezoning applications back to Staff for a subsequent report pending receipt of all outstanding comments. 2. OFFICIAL PLAN AND ZONING DESIGNATIONS 2.1 The subject lands are currently designated as "Major Open Space" with indication of "Hazard Land" within the Durham Region Official Plan. The Town of Newcastle Comprehensive Zoning By-law places an "Agricultural (A)" and "Environmental Protection (EP)11 zoning on the site. Both planning documents state that the predominant use of lands under this designation and zoning shall be for agricultural and farm-related uses. In addition, those lands designated "Hazard Land" and zoned "Environmental Protection (EP)11 correspond to a tributary of the Ganaraska River Headwaters. Structures would be prohibited on these lands. 3. PUBLIC SUBMISSIONS 3.1 Letters of concern have been received by the Planning and Develoment Department from Mrs. Helen MacDonald, Mr. Rowan on behalf of the ...3 F C) r) A n :) 7 7 4U REPORT NO.:PD-193-89 PAGE 3 Citizens for a Safe Environment, Mr. Sam Murata, the residents of the 7th and 8th Concessions, the SAGA Committee, Port Granby - Newcastle Environment Committee, and the Oshawa Ski Club. Their concerns are summarized as follows: - well water quality and well water interference concerns; - concerns for the natural environment and in particular, the preservation of the Ganaraska Headwaters; - response times for emergency vehicles; - concern was expressed that a Hamlet Plan for Kendal should be developed prior to any applications in this area being approved; and - concern that the development is piecemeal. The Oshawa Ski Club also made note that: - During the winter, the Club offers night skiing. The lights will disturb residents in the area and complaints may be received; - During the winter, and often all through the night, the Club makes a considerable amount of snow with water and compressed air. The noise will disturb residents in the area and complaints may be received; and - During the winter, the Club operates large groomers, and other heavy equipment, and several snowmobiles. The noise will disturb residents in the area, and complaints may be received. 3.2 Letters expressing no opposition to the proposal were received from the following individuals: ...4 Louise Cook Doris and Dick Roberts Don and Carole Roughley Robert Reid Stanley and Ruth Weyrich Michael Sawyer John Fice G. and S. French David and Connie Puk M. and R.E. MacDonald Bill Reid PAGE 4 The letters stated that they were not opposed to this development and that they understood that this application is to be judged upon its own merit. 4. CIRCULATION 4.1 The subject application was circulated by the Town and the Region to various agencies and departments to obtain comments. The following agencies/departments offered no objection to the proposal: - Public School Board - Separate School Board - Regional Health Department - Regional Works Department - Ministry of Agriculture and Food - Ganaraska Region Conservation Authority - Ontario Hydro The following agencies /departments offered no objection to the principle of this proposal, but have offered conditions of draft approval to the plan of subdivision: ...5 J 7 7 C Q 0 A ff 'L ) REPORT NO.: PD-193-89 - Ministry of the Environment - Ministry of Natural Resources - Town of Newcastle Public Works - Town of Newcastle Community Services - Town of Newcastle Fire Department PAGE 5 4.2 The Public Works Department previously expressed concerns with respect to the road grades. However, the applicant has subsequently addessed these concerns. In its revised comments, Staff from Public Works Department stated that "it appears that this development is feasible and is able to meet our requirements." 4.3 On April 11, 1989, the Town received notice that a request had been made to the Ministry of the Environment by the SAGA Committee, for an environmental assessment with respect to their proposal. By letter, dated July 6, 1989, the Minister advised that this proposal is not significant enough to warrant the preparation of an individual environment assessment. A copy of the Minister's letter is attached. 5. COMMENTS 5.1 The applicant has submitted a Geotechnical Investigation conducted by A.V. Wood and Associates. It is the opinion of the consultant that the site is suitable for development, however, these conclusions are based on Ministry of Environment well water data and related soil investigations. Additional field work and test drilling would be required at such time as an application for a plan of subdivision is submitted. 5.2 The applicant has also submitted an Environmental Analysis prepared by Henry Kortekaas and Associates. The consultant notes that the site offers an opportunity for unique housing development on regional high ground and will provide an opportunity to maintain existing topogrophy, r'Q 0 A 7 -j / j `t -) REPORT K0.: PD-193-89 PAGE 6 _______________________________________________________________________________ vegetation and provide panoramic views for residents. The site is, however, constrained by highly erodible soils, which my be problematic during construction. The oouotuItaut also noted that because of the steep alucxea on the mite, the development would be integrated into the landscape on larger lots approximately 0.8 hectares (2 acres). The consultant further notes that these impacts are mitigable. 5.3 Estate residential developments may be recognized by general amendment as an exception to the land use designations of the Durham Region Official Plan. These developments are to be considered on their merit and abaII be limited in number and in scale, and are subject to the considerations of Section I0~3.2.I. i) Section 10.3.2.1 a) states: "The DzoD000l maintains the character of the natural environment and is located in a scientific, well-vegetated area of rolling topography." The site is located within the rolling topography of the Oak Ridges Mozzaiue. The Environmental Consultant notes that wherever DVaoibIev major stands of vegetation should be protected and has also indicated areas for reforestation and the planting of indigenous species within the proposed plan of subdivision. The further planting of trees will aid in maintaining the character of this natural environment. ii) Section I0.3.2.1 b) states: "The proposal preserves visual and physical public access to significant scenic vistas and physical landforms.11 ...7 The proposal is limited in size (14 units) and is self contained with an interior road network (cul-de-sac). The limited size of this development does not appear to impact visual and physical public access to the Ganaraska Valley. iii) Section 10.3.2.1 c) states: "The location of the proposal is such that it is not adversely affected by existing or proposed utilities, highways, airports, railways and hydro transmission lines." The proposed development abuts an Ontario Hydro easement, however Ontario Hydro has noted no objection to this proposal. iv) Section 10.3.2.1 d) states: "The proposal is not located on lands having high capability for agriculture, conservation and recreation, forest production or mineral extraction." The applicant has noted that "two years ago the lands were used by a hobby farmer to put seven head of cattle on for pasture, and help keep the weeds down." Mr. Reid further notes "that as the grass ran out, so did the cattle", furthermore, "he had offered this parcel to several farmers at no cost, however they all declined because of the terrain, and poor soil conditions." Both the Ministry of Agriculture and Ministry of Natural Resources have noted no objection to this proposal. V) Section 10.3.2.1.e) states: "The proposal shall not unduly restrict the use of adjacent properties for agriculture, conservation and recreation, forest production or mineral extraction." ...8 599 4 55 REPORT NO.: PD-193-89 PAGE 8 The Ministry of Agriculture have reviewed this application in terms of the goals and objectives of the Ministry and of the criteria and policies contained in the Food Land Guidelines, and have indicated no objection to the proposal. Similarly, the Ministry of Natural Resources have indicated no objection to the principle of this development. Concerns were raised by the Oshawa Ski Club with respect to the noise generated by the various equipment used to maintain the slopes. Staff suggested that the applicant submit an acoustic study to be prepared by qualified engineer to address these concerns. A report was submitted by Burman Swallow Associates which concluded that only under exceptional weather circumstances would a slight noise exeedance be observed, and that the Oshawa Ski Club is not expected to be a major noise concern. vi) Section 10.3.2.1 f) states: "The proposal does not create undue adverse effects on lands identified by Regional Council, the ministry of Natural Resources or the Ministry of the Environment as environmentally sensitive areas." The ministry of Environment, Central Region Branch commented in a letter dated April 7, 1989, that they had no objection to the approval of the amendment subject to the development proposed by this amendment complying to the Agricultural Code of Practice. On April 11, 1989, the Town was advised by the Environmental Assessment Branch of the Ministry of the Environment, of a request by ten citizens (the SAGA Committee) for a designation under the Environmental Assessment Act for the proposed development. The Minister of the Environment has determined that 'the potential environmental impacts are not significant enough to warrant the preparation of an individual environment assessment of this Reid/Reyneart Development.' ...9 V 4 6 REPORT NO.: PD-193-89 vii) Section 10.3.2.1 g) states: "In the opinion of the authority having jurisdiction, the proposal does not require the undue expansion or extension of services provided by Regional Council or the Council of the respective area municipality." The proposed development is well spaced from both Hamlets and Urban Areas, and is limited in size. Thus, premature requests for the extension of municipal water or sanitary sewers are not likely as a result of this development. In addition, neither the Public or Private School Boards raised an objection with respect to the proposed development. viii) Section 10.3.2.1 h) states: "The proposal does not result in significant alteration to the landscape contours, watercourses or vegetation." The Town of Newcastle Public Works Department previously commented that the existing contours would not allow for the construction of roads within their design criteria of a maximum 6 percent road gradient. Subsequent information provided by the applicant addressed these concerns and the Public Works Department noted that "it appears that this development is feasible and is able to met our requirements". ix) Section 10.3.2.1 i) states: "The proposal complies with the Agricultural Code of Practice as amended from time to time." The Ministry of Agriculture have offered no objection to this proposal. EQQ A Lf / -7 -) 7 7 REPORT 0O.: PD-193-89 z) Section I0.3.2.1 ') states: "The proposal is not located on lands having irreplaceable historic or cultural benefit to the community." PAGE 10 The lands are presently vacant and does not appear to be affected by this position. 8. C%]0CLOGIO08 6.1 Given that the comments received from each of the agencies circulated to are favourable with respect to this development and that this proposal has satisfied the criteria for estate residential development contained in the Region Official Plan, Staff respectfully recommended that this application to amend the Durham Region Official Plan to permit the development of a fourteen (14) lot estate residential subdivision be recommended to the Region of Durham by approval. Furthermore, it is respectfully recommended that the proposed Zoning By-law Amendment to the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, be APPROVED and the necessary by-law amendment be forwarded to Council at such time as the Official PIou amendment has been approved by the Region. Respectfully submitted, 5a Franklin Wu, M.C.I.P. Director of DIeuoiog G Development JDB*FW*lo *Attach. *July 10, 1989 �/' 4 o Recommended for presentation to the Committee -------------------- Lapr Kotoeff Chief &d�ioiatrative Officer v l ATTACHMENT NO. 1 Ontario Office of the Ministry 135 St. Clair Avenue West Minister of the Toronto, Ontario M4V IP5 Environment 416/323 -4$59 OSM1728 July 6, 1989 Ms Katherine Gusselle Chairperson S.A.G.A. Committee 45 Connaught Street ' Oshawa, Ontario L1G 2H1 Dear Ms Gusselle: I have determined that the potential environmental impacts are not significant enough to currant the preparation of an individual environmental assessment of the Reicl/Reyneart- Deveidpment. The' long -term effects of developiaent in the Ganaraska Watershed are important and I anti requ4sting Dr. Philip Byer of the Environmental Assessment' Advisory Committee to conduct a full open 'revieI4 of this issue. I am enclosing a copy of the "Citi en's Guide to Environmental Assessment" to help you better understand the process. Your interest in environmental protection is appreciated. Enclosure CC: See attached list Yours since: ely, Jim Bradley Minister 599 50 REPORT NO.: PAGE 11 INTERESTED PARTIES TO BE NOTIFIED OF COMMITTEE AND COUNCIL'S DECISION James C. Reynaert G.C.S. Morison Group 12, Box 18 Oshawa Ski Club R.R. #3 P.O. Box 174 Bowmanville, Ontario Oshawa, Ontario L1C 3K4 L1H 7L1 Henry Kortekaas and Associates Helen MacDonald 87 Old Kingston Road R.R. #1 Ajax, Ontario Newtonville, Ontario L1T 3A6 LOA 1JO Mr. Sam Murata Katherine Guselle 489 Parliament Street 45 Connaught Street Toronto, Ontario Oshawa, Ontario M5A 3A3 L1G 2H1 Mr. Rowan Cynthia Zander R.R. #1 Kendal P.O., Newtonville, Ontario Ont. LOA 1JO LOA 1EO Susan French Elva Ried R.R. #1 R.R. #1 Orono, Ontario Kendal, Ontario LOB 1MO LOA lEO Martha Farrow Carole Lee R.R. #1 R.R. #1 Newtonville, Ontario Orono, Ontario LOA 1JO LOB 1MO Ruth Weyrich Margaret & Doug Krissa R.R. #1 R.R. #1 Orono, Ontario Kendal, Ontario LOB 1MO LOA 1EO Stan Barber Ann Dilks R.R. #1 R.R. #1 Orono, Ontario Orono, Ontario LOB 1MO LOB 1MO 599 49 0 SUBJECT SITE MKENDAL CROWN LAND MANAGEMENT - • OSHAWA SKI CLUB * - - 18 17 16 15 14 13 12 II I 1 1 1 I Z O I � W 1 i I i i I Z 10 ' CONC. RD. 08 EP _ 1 ! I 1 I Z 1 ! a0 1 1 W 1 I A I 1 Z 10 1 1 I EP-5 I Z EP EP 1 1 ( I O R0. 1 i ,,;c;t;::�:• ��• -..� SEE DULE Z ( ( Q ?'<�: .�,,,.` �•:s�ti w `3+ � � era �C I A-111 I 1 ! Al I O 1 ' CONC. RD.6 I a I v o Zso X0 1000f" . so�o� ao , KEY MAP -oups 88�9107/D 5 51