HomeMy WebLinkAboutPD-66-91 THE CORPORATION OF THE TOWN OF NEWCASTLE
DN: HERITA-2 .GPA
REPORT
PUBLIC MEETING
Meeting: General Purpose and Administration Committee File #
Date: Monday, April 8, 1991 Res. #
Report#:PD-66-91 _ File #: Pln OPA 90-095/D; DEV 90-089; 1AXL-0047-
Subject: DURHAM REGIONAL OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS PLAN OF
SUBDIVISION APPLICATION - HERITAGE DURHAM DEVELOPMENT CORPORATION
PART LOT 8, BROKEN FRONT CONCESSION "A", CLARKE
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1 . THAT Report PD-66-91 be received;
2 . THAT the applications submitted by Heritage Durham Development
. Corporation to amend the Official Plan (OPA 90-095/D) , the
Comprehensive Zoning By-law 84-63 (DEV 90-089) and a draft plan
of subdivision of 21 estate residential lots ( 18T-90047) in Part
Lot 8, Broken Front Concession "A" , former Township of Clarke, be
referred back to staff for further review;
3 . THAT a copy of Council 's decision be forwarded to the Region of
Durham, the applicant and interested parties .
1'. APPLICATION INFORMATION
1 . 1 Applicant: Heritage Durham Development Corporation
1 . 2 O.P.A. : Major Open Space affected by Section 12 . 3 . 3 of the
Durham Regional Official Plan to Estate-
Residential
1. 3 Rezoning: From Agricultural (A) and Environmental Protection
(EP) to Residential Estate (RE)
1 . 4 Subdivision Application:
Approval for a plan of subdivision of 21 single
family detached dwelling lots with a minimum
frontage of 30 metres and, a commercial block (see
Attachment No. 1) .
1.5 Area: 12 . 47 hectares (30 . 79 acres) . The site has a
frontage on Lakeshore Road of approximately 400
REPORT NO. : PD-66-91 PAGE 2
metres and extends south from the roadway to Lake
Ontario a distance which averages 310 metres.
2. LOCATION
2 . 1 Legal Description: Part Lot 8, Broken Front Concession "A" ,
former Township of Clarke
2 .2 Relative Location: East of Newtonville Road (unopened portion)
and south of Lakeshore Road (see Attachment
No. 2) .
3. BACKGROUND
3 . 1 On November 20, 1990 the Town was advised by Durham Region of an
Official Plan Amendment application submitted by Heritage Durham
Development Corporation.
On October 10, 1990 the Newcastle Planning and Development
Department received a rezoning application submitted by Heritage
Durham Development Corporation.
On November 20, 1990 the Town was advised by Durham Region of an
application for a 21 unit estate residential draft plan of
subdivision submitted by Heritage Durham Development Corporation.
3 .2 In accordance with the Town's procedures and the requirements of
the Planning Act, the appropriate signage acknowledging the
application was installed on the subject lands, and written
notice was circulated to property owners within 120 metres of the
subject site.
4. LAND USES
4 . 1 Existing Uses: The site consists of good farmland that is
currently being tilled. The land is gently
undulating, although at its south end it
terminates quickly in a steep Lake Ontario
shoreline bluff.
REPORT NO. : PD-66-91 PAGE 3
4 .2 Surrounding Uses: East - Agricultural Land
West - Agricultural Land
South - Lake Ontario
North - Agricultural Land
5. DURHAM REGIONAL OFFICIAL PLAN (EXISTING)
Within the context of the existing 1976 Durham Regional Official
Plan, the site is designated as Major Open Space affected by the
special policies contained in Section 12 . 3 . 3 of the same plan.
Waterfront development plans are to be prepared by Regional
Council and other appropriate public and private agencies. Until
such plans are prepared, only existing use and recreational uses
are permitted.
6. DURHAM REGIONAL OFFICIAL PLAN (PROPOSED)
6 . 1 Under the January 15, 1991 Draft of the Durham Regional Official
Plan, the site is designated as Waterfront within the larger
Major Open Space System. As such, development in the area is
restricted until a waterfront plan is adopted. Until such time
only certain land uses such as agriculture and passive recreation
are permitted.
In addition, the proposed Official Plan states that Regional
Council shall, in co-operation with the area municipalities and
appropriate agencies, prepare a plan for all, or part of, the
area designated Waterfront along Lake Ontario. Such plan shall
be in accordance with Sections 14 . 3. 6 and 14 . 3 . 7, and address the
following:
a) the recommendations of the Crombie Commission;
b) opportunities for recreational activities;
c) public access to and along the waterfront;
d) conservation of wetlands;
e) major transportation and utility routes and features; and
f) such other matters deemed necessary by Council .
REPORT NO. : PD-66-91 PAGE 4
7 . ZONING
The Town of Newcastle Comprehensive Zoning By-law, zones the
southern portion of the site as being in an Environmental
Protection (EP) Zone (from the edge of Lake Ontario to a depth
varying between 80 and 100 metres) . The remainder of the site is
zoned Agricultural (A) . In both zone categories residential
development is not permitted.
8. PUBLIC MEETING AND SUBMISSIONS
Following the requirements of the Planning Act, appropriate
signage was installed on the subject site and the appropriate
notification was mailed to each landowner within the prescribed
distance. In addition, the Region of Durham placed a Public
Notice in the newspaper with regard to the Official Plan
Amendment.
To date, two written submissions has been received: one from Mr.
John Kimball, a lifelong farmer in the area; and, Mrs . Maria
Kordas-Fraser, a nearby resident.
Both submissions raised the following concerns:
1) the establishment of an estate residential subdivision in
the midst of an operating agricultural community is certain
to cause the subdivision residents to complain about the
unpleasant aspects of agricultural operations; and
2) the drilling of twenty-one (21) new wells might generate a
serious water shortage in the area.
Mr. Kimball suggested the establishment of the proposed
subdivision represents poor land use planning, since the site has
"some of the best agricultural land in Ontario" suitable for a
variety of crops and frost free much longer than most other
farming areas because of the moderating influence of Lake
Ontario.
REPORT NO. : PD-66-91 PAGE 5
Mrs . Kordas-Fraser noted that subdivision residents might demand
urban services (eg. sewers and water) that they are used to
receiving, thereby increasing for all area residents the already
heavy tax load. She also had environmental concerns, namely,
septic effluent leaking into adjacent Lake Ontario.
9. AGENCY CQIIlMNTS
9 . 1 In accordance with Departmental procedure, the three related
applications were circulated to various agencies and departments
for their review and comment. The following agencies/departments
subject to the usual conditions of draft approval, have no
objections to any of the three related applications:
Public School Board
Ontario Hydro
Bell Telephone
Town of Newcastle Public Works Department
9 .2 Durham Region Department of Health Services
The Department has not offered final comments pending receipt of
comments from the Ministry of the Environment.
9 . 3 Town of Newcastle Fire Department
The subject site can be serviced with a 5 to 18 minute response
time from Station No. 2 in Newcastle Village. The Department
also noted that this proposal will make more necessary the
establishment of a fire station near Newtonville to better serve
Port Granby, Newtonville, Kendal and their surrounding areas. As
well, the Department suggested that lot levies from the proposal
be used to defray the cost of such a station.
9 . 4 Ganaraska Region Conservation Authority
The Authority noted that the subject site borders Lake Ontario
and so, is subject to erosion. A report from coastal engineers
contracted by the Authority recommends a setback from the toe of
the bluff of 79 metres (260 feet) . Furthermore, no development
should be allowed within the setback limit due to the great
J -
REPORT NO. : PD-66-91 PAGE 6
potential for erosion. It is the policy of the Authority to
request that such areas be zoned Environmental Protection.
It appears this enlarged setback will necessitate a redesign of
the entire plan of subdivision.
9 .5 Town of Newcastle Community Services Department
The Department suggested that in view of the Royal Commission on
the Future of the Toronto Waterfront, the Kanter Report and the
Town of Newcastle Waterfront Study, the proposal may be
premature.
9 .6 Ministry of Agriculture and Food
The Ministry determined that according to the Canada Land
Inventory the site is comprised of 80% Class 1 and 20% Class 4
with topography limitations . The entire site is and has been
farmed. Surrounding land uses are primarily agricultural. The
Ministry's Food Land Guidelines permit Estate Residential
development on poor quality (Classes 7, 6 and 5 of the Canada
Land Inventory) soils in areas well removed from agricultural
uses . The Ministry stated that the site does not meet the soils
criteria of the Guidelines or the criteria of being well removed
from agricultural activities . The Official Plan Amendment
application therefore does not comply with the Food Land
Guidelines and the Ministry recommended the application not be
approved.
9 . 7 Ministry of Natural Resources
The Ministry had some concerns regarding the width of the
proposed open space block along the lakeshore. This buffer area
should be of sufficient width to protect both residential lots
and the Lake's fishery from the results of erosion. Regarding
stormwater management, the Ministry will likely impose a number
of approval conditions for the draft plan of subdivision. The
Ministry also noted that regarding works which could affect or
involve the lakebed, proper approval must be obtained under the
Lakes and Rivers Improvement Act or the Public Lands Act. The
REPORT NO. : PD-66-91 PAGE 7
Ministry of Natural Resources is requesting deferral of its
comments on plans of subdivision which have not yet been draft
approved and which are filed under the 18T-89 and 18T-90
categories . This would include the Heritage Durham plan of
subdivision application 18T-90047 .
9 . 8 Public School Board
The Board had no objections to the proposal provided that there
will be sidewalks on Lakeshore Road.
9 . 9 The Separate School Board, the Ministry of the Environment have
yet to respond.
10. SUMMARY OF TECHNICAL REPORTS
10 . 1 Hydrogeologic Study
Walter H. Gibson and Associates Limited was retained by Heritage
Durham Development Corporation to conduct a hydrogeologic study
of the site. The study, submitted on October 15, 1990, concluded
that:
1) The development of the commercial land in the southwest
corner of the site is to be restricted to uses of a
"Dry" nature only. Dry uses are warehouses, garages,
retail outlets, personal service shops or offices .
2 ) The development of the commercial land should be
limited to a floor area of about 3,360 sq. ft. This
quantity of floor area is generalized and conservative.
3) The preliminary assessment of the proposed development
(21 residential units and 1 commercial lot) is that it
will produce a nitrate loading well within Ontario's
Drinking Water Objective for nitrate loading.
I
4) The above conclusions are preliminary and subject to
confirmation of ground water availability, baseline
ground water quality and further assessment of the
REPORT NO. : PD-66-91 PAGE 8
principal aquifer systems . Should a detailed analysis
indicate a likelihood of septic discharge affecting the
principal aquifer system or other restrictions, a lot
density decrease might be required.
5) There are no private wells situated down-gradient of
the proposed development. This study has been
submitted to the Ministry of the Environment for
analysis .
10. 2 Environmental Considerations for Proposed Official Plan Amendment
G.M. Sernas and Associates Limited was retained by Heritage
Durham Development Corporation to investigate all environmental
concerns lying outside the scope of the Hydrogeologic Study (ie.
soil and groundwater conditions) . This environmental analysis,
submitted on October 31, 1990, noted that no piped storm and
sanitary sewers, or watermains will be required. Sewage disposal
will be by septic tile beds. Stormwater will be moved by
roadside ditches and overland flow swales . Water will be
provided by a well on each lot.
Vehicular access to the subdivision will be provided by a paved
internal road 20 metres wide. The road is a crescent with two
entrances from Lakeshore Road.
Public pedestrian access to the base of the bluff and Lake
Ontario will be secured by a staircase and walkway. This will
facilitate passive recreation on the lakeshore beach at the base
of the bluff.
The topography of the site is that of a gentle slope running down
from the northwest corner of the southeast corner with a steep
bluff along the entire Lake Ontario shoreline. There are no
watercourses on the site. The existing topography directs the
majority of the drainage from the northwest of the southeast,
over the bluff and into Lake Ontario.
.� f
REPORT NO. : PD-66-91 PAGE 9
The Consultant concluded that any problems with the subdivision
can be worked out and that the site is suitable for residential
development.
11. STAFF COMMENTS
11. 1 The Town will soon begin comprehensive planning of the entire
Town of Newcastle Waterfront. Both the existing ( 1976) Durham
Regional Official Plan and the proposed (January 15, 1991) Durham
Regional Official Plan restrict land uses along the Lake Ontario
shoreline to recreation and/or conservation uses until the time
the waterfront study for the area concerned is completed.
Therefore, consideration of the site for an estate residential
subdivision is at this time, premature.
11. 2 The purpose of this report is to satisfy the Planning Act
requirement for a public meeting as well as to provide a status
report on the subject applications . In view of the Outstanding
Comments and the need for further detail evaluation of the
proposal, the applications should be referred back to staff for
further processing.
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C. I .P. La ence E Kotseff
Director of Planning Chief A istrative
and Development Officer
BR*DC*FW*df
*Attach
2 April 1991
I
REPORT NO. : PD-66-91 PAGE 10
Lawrence Shael Gold
2040 Yonge Street
Suite 300
Toronto, Ontario.
M4S 1Z9
Ms . Deborah Williams
Royal Commission on the Future of
the Toronto Waterfront,
207 Queen's Quay West
5th Floor
P.O. Box 4111
Station A
Toronto, Ontario.
M5W 2V4
Grace and Ed Hoad
R.R.#8
4548 Lakeshore Road
Newcastle, Ontario
L1B 1L9
John Kimball
R.R.#8
Newcastle, Ontario
L1B 1L9
Maria Kordas-Fraser
4570 Lakeshore road
R.R.#8
Newcastle, Ontario
L1B 1L9
s S
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