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HomeMy WebLinkAboutPD-118-95 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN PANTA GPA REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File #� 1 Date: Monday, November 6, 1995 Res. # Report #• PD-118-95 File #: DEV 95-067 By-law # Subject REZONING APPLICATION - APPLICANT: B. & I. PANTA 4272 LAKESHORE ROAD PART LOT 13, B. F. CONCESSION (A& B), FORMER TOWNSHIP OF CLARKE FILE: DEV 95-067 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-118-95 be received; 2. THAT the application to amend Comprehensive Zoning By-Law 84-63 of the former Town of Newcastle submitted by B. & I Panta be DENIED; 3. THAT a copy of the Staff report be forwarded to the Region of Durham Planning Department; and, 4. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: B. & I. Panta 1.2 Agent: Michael S. Manett Planning Services Limited 1.3 Rezoning: From "Agricultural (A) Zone" "Agricultural Exception (A-1) Zone" and "Environmental Protection (EP) Zone" to permit a campground and trailer park with a total of 96 sites 1.4 Site Area: 21.3 hectares (52.5 acres) 2. LOCATION 2.1 The subject property consists of a 21.3 ha (52 5 ac) land area at 4272 Lakeshore Road south of Newtonville along Lake Ontario. The lands in legal terms are known as Part Lot 13, Broken Front Concession (A & B), Former Township of Clarke. ..•.2 501 REPORT NO. PD-118-95 PAGE 2 3. BACKGROUND 3.1 On September 15, 1995, B. & I. Panta filed an application with the Municipality of Clarington to amend Comprehensive Zoning By-law 84-63 of the former Town of Newcastle. The purpose of the application is to change the current zoning from "Agricultural (A) Zone" "Agricultural Exception (A-1) Zone" and "Environmental Protection (EP) Zone" to permit a campground and trailer park with a total of 96 sites. 3.2 The facility would accommodate 96 camping trailers and/or motorhomes on the property. Of the 96 sites, 16 sites have been sized to accommodate larger motorhomes (12 m or 40 ft in length) The site plan also shows a small 0.3 ha (0.8 acre) informal camping area south of the main campground sites where tents would be permitted. No information has been provided on the number of tent sites for this area Site facilities will include public washrooms, showers, laundry room, holding tanks for sewage and waste water storage, and a garbage disposal area. Recreational facilities include a swimming pool but may also be expanded to include a tot lot and recreation area (ie. swings, slides, shuffleboard and volleyball area) 3.3 It is noted for the Committee's information that the applicant also wishes to establish a bed and breakfast within the existing dwelling on the property The zoning by-law permits a bed and breakfast accessory to principle residential use within an "Agricultural (A)" and "Agricultural Exception (A-1)" zones. The use shall not exceed 25% of the total floor area of the dwelling unit. 3.4 Upon the request by the Planning Department, the applicant provided additional information on the operation of the campground and trailer park as follows • the facility will operate on a seasonal basis, generally operating from April to October; ... 3 502 REPORT NO. PD-118-95 PAGE 3 • the duration of time spent at the facility by patrons will not be limited, and, • the hours of operation will be from 8 am - 10 pm for the office and swimming pool and 24 hours for the washrooms, laundry, and shower facilities. 35 Because Mr. Panta does not have any frontage along Lakeshore Road, access is obtained at the northern side of the property through an unsignalized level crossing across both railway tracks As a result, Mr. Panta has asked the Municipality of Clarington Public Works Department to open the former road allowance between Concessions A & B (refer to Attachment #2) in order to gain access easterly to Lakeshore Road Both railway companies have apparently approached Mr. Panta previously to relocate the access from the northern to the eastern side of the property. However, an alternative access to Lakeshore Road from the east has never been successfully negotiated. 4. EXISTING AND SURROUNDING USES 4.1 Existing Uses: Rural residential and agricultural lands 4.2 Surrounding Uses. East. Forested land North Agricultural land West- Agricultural land South: Lake Ontario 5. OFFICIAL PLAN POLICIES 5.1 Within the Durham Region Official Plan, the portion of the site containing the proposed campground and trailer park is designated "Permanent Agricultural Reserve". The portion of the site containing the informal camping area is designated "Waterfront - Major Open Space System" and is denoted as an "Environmentally Sensitive Area". ...4 503 REPORT NO. PD-118-95 PAGE 4 Areas designated as "Permanent Agricultural Reserve" shall be used for agriculture and farm-related uses. The Lake Ontario shoreline area is designated "Environmentally Sensitive Area" because of the high bluffs, a creek and a significant forested area. The proposed campground and trailer park are not permitted under these land use designations and therefore are not in conformity with the Regional Official Plan. 6. ZONING BY-LAW CONFORMITY 61 The subject lands are currently zoned "Agricultural (A) Zone" "Agricultural Exception (A-1) Zone" and "Environmental Protection (EP) Zone". As the current zoning does not permit campground and trailer park uses, a rezoning application has been submitted for consideration As previously noted, the proposed bed and breakfast establishment is permitted within the "Agricultural (A)" and "Agricultural Exception (A-1)" zones. 7. PUBLIC NOTICE AND SUBMISSION 7.1 The Public Notice signage was erected on the subject lands and the required notice was mailed to each landowner within the prescribed distance 7.2 There have been several inquiries from area residents regarding the proposed development. Issues that were raised include the following • land use compatibility of the proposed use within a rural residential and agricultural area, • loss of prime agricultural farmland to recreational uses, • concern that additional commercial uses may be introduced if the campground and trailer park proposal is approved; • traffic and noise generated by patrons; and, • safety concerns of utilizing the existing property access. ....5 504 REPORT NO. PD-118-95 PAGE 5 7.3 One written submission has been received from the Bond Head Community Association. In addition to the aforementioned issues, their additional concerns are as follows: • official plan conformity of proposed use; • protection of environmentally sensitive bluff and creek areas, • scale of the proposed use, • traffic capacity of Lakeshore Road; and, • servicing of the proposed development. A copy of the correspondence has been attached for the Committee's review 8. AGENCY COMMENTS 8,1 The application was circulated to solicit comments from relevant agencies. The Ministry of Environment and Energy has indicated that, due to current workload, their comments are being limited to Official Plan Amendment and Plan of Subdivision applications. Comments will not be forthcoming on this application. 8.2 The Municipality of Clarington Community Services Department has no objections provided that a 2% cash-in-lieu of parkland dedication requirement is credited to the Parks Reserve account 83 The Municipality of Clarington Fire Department has no objections to the bed and breakfast establishment. However,the applicant must ensure that adequate water for firefighting purposes will be available for the campground and trailer facility The issue of campground fires must be reviewed with the applicant in light of the municipality's by-law regulating open burning. 505 REPORT NO. PD-118-95 PAGE 6 8.4 The Municipality of Clarington Public Works Department indicates that the current access is an unsignalized private level crossing. The application cannot be supported until a safe access to a maintained municipal road has been secured. 8.5 As previously mentioned, the Durham Region Planning Department has indicated that the proposal does not conform with the Durham Region Official Plan. The proposed campground and trailer park is not permitted within the Permanent Agricultural Reserve. The proposed use is also not compatible with the Waterfront - Major Open Space System designation because of the environmental sensitivity of the forest, creek and bluffs along the waterfront Section 2.3.17 of the Regional Plan requires that an environmental impact study must be prepared for a development application located in proximity to an environmentally sensitive area. The study will be required prior to obtaining development approval The Region also indicated that noise impact and site access issues should be considered prior to approving the application. Section 16.3 29 requires a landscape buffer adjacent to railway tracks, based on consultation with the appropriate authority. 8.6 The Durham Region Health Unit requires the following information prior to providing comments on the application: • a soil study to determine the site geology with respect to soil grain size distribution, percolation rates, soil classification, and seasonal high groundwater determination; • a proposed lot grading and drainage plan; • a hydrogeological report and environmental impact study evaluating development impacts on the subject and surrounding properties. Information should be obtained through test wells drilled on the subject property; ... 7 5106 REPORT NO. PD-118-95 PAGE 7 • positive comments from the Ministry of Environment and Energy are required pursuant to its Reasonable Use Policy 15-08; and, • a detailed engineering report regarding sewage flows and tile bed design are required. 8.7 The Ministry of Agriculture and Food has considered the application in view of Goal D of the Comprehensive Set of Policy Statements, which is the Provincial Policy on agricultural land use planning. The area where the campground and trailer park is situated occupies 7 - 8 hectares. These lands would have a Class 1 agricultural rating according to the Canada Land Inventory. The intensive commercial farms on the northeast, north and west grow cauliflower, cabbage, corn, soybeans and alfalfa The crops grown in this area are aided by climatic advantages of the lake effect. Although the Ministry reserves comment on the location of the boundary between the Permanent Agricultural Reserve and Waterfront - Major Open Space areas, they indicate that the provincial Policy D does not permit non-farm uses within an agricultural designation. 8.8 The C N. Rail has no objections provided that the following conditions are addressed prior to rezoning: • the amending by-law shall ensure that no buildings or trailer sites are developed within 100 m of the railway right-of-way or within 30 m in conjunction with a 2.5 m high earthen berm; • the owner must install and maintain at his own expense a 1 83 m chain link fence along the mutual property line; • any proposed alterations to the existing drainage pattern affecting railway property must be substantiated in a drainage report approved by the Railway; and, • prior to approving the zoning by-law amendment, the new proposed access must be opened and the existing crossing removed. 8 X07 REPORT NO. PD-118-95 PAGE 8 8.9 The Ganaraska Region Conservation Authority has no objections to the application. It is noted that the property is transected by two watercourses. The creek along the bluff is zoned "Environmental Protection (EP)" and is adequately protected. However, the watercourse in the northeastern portion of the site is zoned "Agricultural Exception (A-1)". The authority recommends that lands within 15 metres on either side of this watercourse be zoned "Environmental Protection (EP)". 810 Comments remain outstanding from the following agencies; • Durham Region Public Works Department • Ministry of Natural Resources • C.P. Rail • Ontario Hydro • Waterfront Regeneration Trust 9. STAFF COMMENTS 9.1 The main issue with this application is the lack of conformity with Durham Regional Official Plan. The Region has indicated that the campground and trader park is situated within the Permanent Agricultural Reserve area which does not permit recreational uses. Lands within this designation are to be retained for agricultural and related uses The Ministry of Agriculture and Food appears to support this position. 9.2 The southern portion of the property is characterized by the high bluffs along Lake Ontario with a creek and forested area to the north. This area is designated Waterfront - Major Open Space System and Environmentally Sensitive Area Although the objective of the Plan is to create public accessibility to the waterfront, the sensitivity of the creek, woodlot and bluffs do not make this area compatible for development .9 508 REPORT NO. PD-118-95 PAGE 9 People who stay at campgrounds generally also want to enjoy the natural surroundings of an area. Based on the number of sites, it can be assumed that between 100-200 persons could be expected on a regular basis during the peak summer period. Permitting this facility in close proximity to a sensitive area would expose the forest, creek and the bluffs to environmental degradation due to human activities. 9.3 The proposed use does not appear to be compatible with the surrounding agricultural and rural residential uses for the following reasons. • The scale of the operation would represent a major change in character for the area. The use is commercial in nature and represents a change amongst the predominantly agricultural area; • Traffic levels will also increase along Lakeshore Road as a result of the facility. It is questionable whether Lakeshore Road could handle these increased traffic levels The railways may also have to consider upgrading the level crossing on Lakeshore Road east of the subject property as the G.P. Rail line does not contain any crossing devices; and, • Noise levels both along the road and associated with the facility could also increase. This could be problematic during evening hours. 9.4 Property access currently exists of an unsignalized level crossing across both railway lines. These railway lines represent the main rail corridor between Toronto and Montreal. Traffic estimates obtained from both companies indicate that approximately 75 trains travel along these lines on daily basis Given these rail traffic volumes, the existing non-signalized level crossing is considered unacceptable from a public safety view point. The applicant proposes to relocate the access to the former road allowance between Concessions A & B. The Municipality of Clarington Public Works 10 5109 REPORT NO. PD-118-95 PAGE 10 Department has indicated that, based on the best information available, this former road allowance has been closed and conveyed to abutting property owners. Therefore, Mr Panta must negotiate an alternate access arrangement that is appropriate. In order to obtain C.N Rail approval, the new access must be opened and the existing access removed prior to receiving full approval. 9.5 Further issues connected with the property are public liability and trespassing As the bluffs are very high at this location, there is a high possibility that accidents could occur Some type of barrier would have to be erected along the entire shoreline in the interest of public safety. These would have to be of sufficient height to prevent people from climbing over them Trespassing onto adjacent properties could also be of concern unless fencing is erected along the boundaries. 9.6 The applicant has not provided any justification or background studies for the proposal. The circulation process has identified study requirements from various agencies which must be completed prior to approval Included are a hydrogeological study, an environmental impact study of the proposal on subject lands and surrounding properties, a soil study to determine feasibility for servicing, and a site servicing study. Although not specifically mentioned, noise and traffic studies could also be required. 9.7 This report has discussed a number of issues associated with the application. The main difficulty with the application is the lack of conformity with the Durham Regional Official Plan. This alone is considered sufficient ground to recommend denial of this rezoning application despite the fact we have not received comments from all agencies .. 11 510 REPORT NO. PD-118-95 PAGE 11 Respectfully submitted, Reviewed by, Franklin Wu, M C I.P., R.P.P., W. H Stockwell Director of Planning Chief Administrative and Development Officer RH*FW*cc Attachment #1 - Key Map Attachment #2 - Survey Plan Attachment #3 - Site Plan Attachment #4 - Letter from the Bond Head Community Association October 31, 1995 Interested parties to be notified of Council and Committee's decision: B. & i. Panta Michael S Manett Box 134 c/o Michaels. Manett Baltimore, Ontario Planning Services Ltd KOK 1 CO 108 Blackmore Avenue Richmond Hill, Ontario L4B 2131 Martin Peterson Jack Glover 4220 Lakeshore Road 740 Bessborough Drive Newcastle Village, Ontario Oshawa, Ontario L1 B 1L9 L1 G 4H2 Tom & Margaret Holmes Mark Ulrich P.O. Box 20025 2236 Trulls Road Newcastle Village, Ontario Courtice, Ontario 1-113 1M3 L1 E 2N2 Francis Jose Douglas Cronk 3600 Lakeshore Road 3618 Lakeshore Road Newcastle Village, Ontario Newcastle Village, Ontario 1-1 13 11-9 L1 B 11-9 511 ATTACHMENT #1 SUBJECT SITE 16 15 14 13 12 11 10 HCONC SION ROD z O ° a (n Q o � >- W w � U z z m O rs7o-R U z o p o ry L� Z W s LAKE ONTARIO \-.10, ry m DEV. 95 - 067 C3C�17 f�1QP 512 v t "VV J/ rn rill •, �� � A, ' 5` °�gard°� °Y'ae' �Ay.i 1 �a'p:"'y. '1`` ♦ + ` v' O rill 1 1 !!/, t e,�4�� �m°:�a:�� ��l Liypo 1,fi�`♦ L 1 ROAD AL eR. FR.C DNCE �Er pNCESS Z� WEN LOT'S 12 AND �� IOIV � e � i v� (uNoPtNEbY,, —_ — I CD eR• FR — r�r CONCESS1pN ► ioi A imt np LAKES t i HORE RpgD C? r r � r ATTACHMENT ,#`3 SITE PLAN SHOWING PAGE L OF Z PART OF LOT 13 C ,BROKEN FRONT CONCESSIONS A & 8 METRIC GEOGRAPHIC TOWNSHIP OF CLARKE u.a caria.tc ro rtn n ov, r.ow.a 7I QIYN OF CLARINGTON OREGIOIIAL MUNICIPALITY OF DURHAM o,Ai L 1 1000 CUIl1AM SURVEYING LTD ONARIO, Nn SuRVDDRS 199. ELEVATION NOTE O *; „ ., I [LL'nivS S.Cn r[•ILr Mt Lt00n�4 Ot•L.t+iu Mt UOCCOC S•tT µww M ut+�urt.rc,M wrt+s•^n�a r,ur ao�, u+v,ro— ., y�u0+m OMrr4 ro 01�r♦O l M!K r rL M ti),.,M�p i),�n / I TYPICAL LOT SERVICING 4/ 1p rr to sc.) r u sd s) 4' O D4041I � d± qt c, o t ° C NOTES I�010 �: Proposed of � °° � al LOT 13 p 4° Campground & Trailer Park ° A 410 o �•^t``���^'�,,'i:t,nt�,.t�^=�*;•,s.et:,}:at,t,'«'mot' I 0 �t�''ti"trt \���� t wi..wi.n,yt.0 �wi ni„i,�i�wtt'�j wh'n�.t • °+° Q `��D O x • r w ♦ s a ♦u • ♦u •u i ~i w t 1 � ,wi,w:,w:s1 i•wt♦.•�rt:n�•wi ri"ttu:°i..� ''' . i �p�F�` � •�•tac rot,' .� .. ... . .w ... ... a ae i. Proposed Bed & Breakfast .:.•; ;.;. w,n,n,.,t,: ; :�y R°` z 4 w y. Establishment °4° � �r. w o � .* op :W s�s�s e 0.a '4 ,,' 4 na},n'`Y• �'` • r i LEACHWG 80. O 4•`} 4 , • ,a- W I— Da BED °woi•.W 9 �'r,.� ° `.S' � " *u C p pb .mv wu I 4i 2�3 rlra 44004444 ppq tY � 10 0 00 �.n � •u+oc wn.t O a.♦t pa io ( NO' TRAVELLED ) ROAD ALLOWANCE BETWEEN COWL SSI S 8 sam+ar.•.10,� Proposed ° CEDAP WOODS Informal Camping Area SURVEYOR'S CERTIFICATE LOT ve rMa.ra ro.a.a 1 �.arr�r rao a.ii*a.usonm r ssa wa.+s m•�snin "O.VA W M a w yi V Wr lIf>_ CONCESSION B % - cuLNAw SUftvD1w LTD 514 pRARq �,_a..n.L ,�r,m fli 11,,•af i ATTACHMENT ,#4 THE BOND HEAD COMMUNITY ASSOCIATION Municipality of Clarington Planning Department 40 Temperance street Bowmanville, Ontario L1G 9AG Re File:Dev 95-067 B & I Panta Attention: Richard Holy With respect to the above mentioned application, The Bond Head Community Association wishes to register with the planning department the following concerns, 1, The said property is presently zoned as Prime Agricultural Reserve and therefore does not confirm to the requested rezoning, 2. The said property is Environmentally Sensitive. a, The Greenbelt reserve Shoreline (cliffs) are sensitive to erosion. b, The property has a creek running through it that we believe to be protected under the environmental plan. 3. The property Is accessible presently by crossing two main railway crossings with no protection barriers. ote. We understand the applicant has applied to re-open a right of way on the eastern side of the property, which to our knowledge this right of way has been closed and conveyed, 4. The proposal which Includes 96 Campsites and 26 Motor Home Sites when being used at its maximum, would create the equivalent density of 122 single family homes. This would substantially increase the traffic on the existing forced road which at present is meant to be used for local traffic only, This density would also create numerous concems to our association regarding sewage, erosion drainage, and most Importantly the patrons safety. We would ask the planning department to please consider these concems when reviewing this application. Than ou Douglas I. Gro President Band ead C'9imunity Association 515 �!� d �J`c ' I,I :�;'�:�� IIu�I1� r I�"O�r':IT �i 4jQTfjEfI I�i1L . 'J X661 '9Z '+)0