Loading...
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 Attachment N1 Yl Ipl Io I ICI I � I II a r 4 BROKEN � RO N r Iol C 0N L A K E S H O R E ^ R-0-- A N b•J]'i ^C bT.T90 _ �— ....�. �. 01 MJ'0•F Iib.OTJ N bi'iJ'O'F IJ0.b5J Nb1'T 1'?0' 85.5 C 83b aS.b 6 47.8 38.2 I 0.3m RfSfRVf '0' �y O.Jm RESERVE S 2e,e try D.J 5 R E BLOCK 24 20'0 ( -` BL K 25" 1 I L07 1 LOT 2t 4 LOT 13 y (0.404 ? w T (0,411 ho 1.01 ac,) 3 (0.404 ho 1.00 ac. ho 1.00 oc,) : 9 (0.418 ho - f,03 oc,} ea.a aea a.7 ei.i I ' LOT'2 y ! LOT 20 L07 15 LOT 12 (0.413 ho - 1.02 cc') Y Y (0.408 ha - f.01 oc.) (0.408 ho - 1.01 oc.) p (0.420 ha 1.04 oc,) v 0.4 88.7 88.7 ry 101 3 L OT �l LOT 11 I Y (Q410 ho - 1,01 oa) (0.408 ha - 1.01 ec.) 91.E 11 (1 1 Q:� f I ry Lot 4 ry S` 9 N l LOT 10 ( z (0.408 ha _ 1.01 ac,) Y 20,0 o ti µ? (0,466 ho - 1.15 ac. aew I ++s I * 42,0 93.0 <°v 224 O Q45 4 Rs'ryO <h I COMMERCIAL r 1l Q r'^ BLOCK 22 e° 81.2 oao o J (0,421 ho 1.04 oc,) so.J Je.2 J ° L07 g $ ^ oh i LOT 5 (0.690 ho - 1.71 oc. n (0.405 ho z 7os.....� - t.00 oc)) 1 LOT 6 � A (0.405 ho _ 1.00 00,} u LOT 7 LOT e - y (0.409 ho _ a (0,607 ho Jf° 1.01 ac.) 1.50 ac.) App �1 >?'+c'o•e OPEN SFACE ° 87, \\ BLOCK 23 0 (1.582 ho _ 3.91 ac.) idiv:.. es.o ^♦ hAt RSA\ �°. prt h 0 fp�E 2 Attachment No. 2 LOT 10 LOT-9, 8 -LOT 7 /'0T 120- "-6., '0 10 98*s 115 .X22 O IIO Jj \' \._ , •° 9 s i f 1'.0 x0b .103•s 1 \1 \ Q 105— 143.6. 103.0 \\0 (\ O I 10;.0 .'08,00 100 • z '00j- < Ld l lop 85— GG Lli Z ROAD ■ LAKES RE --------------------- 2. SITE 130 Lake Ontario o