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
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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
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