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HomeMy WebLinkAboutPD-6-90 . 11�, TOWN OF NEWCASTLE u no REPORT File # 60 . 31)" Res. # By-Law # _= PUBLIC MEETING SING: General Purpose and Administration Committee DATE: January 8, 1990 REPORT #: PD- 6 -90 FILE #: SUBJECT: OFFICIAL PLAN AMENDMENT APPLICATION - FILE: 89-77/D/N APPLICANT: WILLIAM TONNO CONSTRUCTION LIMITED PART LOT 32, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 6 -90 be received; 2 . THAT Official Plan Amendment application 89-77/D/N be referred back to Staff for further processing; 3 . THAT the Region of Durham Planning Department, those persons listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Owner and Applicant: William Tonno Construction Ltd. 1.2 Official Plan Amendment: From 'Major Open Space with indications of Environmental Sensitivity & Hazard Lands ' To: 'Urban Residential' to permit the development of 148 single family lots (see Attachment No. l) D" 36 . . .2 REPORT NO. : PD- 6 -90 PAGE. .2 1.3 Area: 22 . 13 ha (54 . 68 acres) 2. LOCATION 2 . 1 Legal Description: Part Lot 32, Concession 3, former Township of Darlington 2 .2 Relative Location: north of Courtice Urban Area, 190 m (625 feet) east of Tooley's Road (See Attachment No.2) 3. BACKGROUND 3. 1 The Official Plan Amendment application was circulated by the Region of Durham to the Town on July 6, 1989 . 4. EXISTING AND SURROUNDING USES 4 . 1 Existing Uses: Single Family Residence, vacant, portion previously forested 4.2 Surrounding Uses: East - Vacant West - Estate Residential North - Estate Residential South - Vacant lands designated 'Urban Residential' (also owned by applicant) 5. OFFICIAL PLAN POLICIES 5. 1 The Durham Regional Official Plan designates the subject lands as 'Major Open Space' with indications of Environmental Sensitivity. The lands associated with the Farewell Creek are indicated as being Hazard Lands . 5 .2 The Official Plan (Section 12 . 1) states that the Major Open Space designation is intended to protect the unique attributes of the Region's landscape, and to provide a continuous open space system that separates urban communities . The reforestation . . .3 537 REPORT NO. : PD- 6 -90 PAGE. .3 and improvement of existing natural wooded areas is encouraged (Section 12 . 3.2) . Where lands designated as 'Major Open Space' are under private ownership, it shall not be construed that these lands shall be acquired by the Region or the local municipality (Section 12 .2 . 10) . 5 . 3 The Official Plan (Section 1.2 .2) states that the extent and the location of environmentally sensitive areas shall be determined at the time of development applications . Development within these areas may be permitted to the extent that the type or magnitude of development is compatible with environmental conditions or that measures have been undertaken to mitigate any resulting negative impact. The Plan (Section 1 .3 .9) also states that, prior to approving a development application within an environmentally sensitive area, an environmental analysis shall be conducted for the subject area or a wider area if deemed necessary by the local Council. This environmental analysis is intended to address a number of matters, including the type and degree of environmental sensitivity, the compatibility of the proposed development, the need for and the definition of mitigating measures and the location and extent of sensitive areas which should be preserved. This environmental study is to be conducted by the area municipality in co-operation with the Region and the Conservation Authority, in consultation with the proponent. 5.4 Lands indicated as being Hazard Lands by the Official Plan are intended by the Official Plan (Section 1.2 .5) to be primarily for the conservation and preservation of the natural land and/or environment. 6. ZONING 6 . 1 Most of the subject site is zoned 'Agricultural (A) ' by By-law 84- 63, the Town of Newcastle Comprehensive Zoning By-law. These lands . . .4 538 REPORT NO. : PD- 6 -90 PAGE. .4 would need to be rezoned to an appropriate 'Urban Residential zone to implement the subject Official Plan Amendment application. 6 .2 The lands associated with the Farewell Creek Valley are zoned 'Environmental Protection (EP) ' . Inasmuch as this zone is intended to prohibit development within the Regional storm floodlines of the Creek, this zoning would remain unchanged. 7. PUBLIC NOTICE 7 . 1 Pursuant to the requirements of the Planning Act and Council policy, notice of the Public Meeting with respect to the subject Official Plan Amendment application was mailed to all property owners within 120 m (394 feet) of the subject site. A Public Notice sign was also posted on Tooley's Road. However, inasmuch as the subject property has very limited frontage on publicly maintained roads and the surrounding lands are largely undeveloped, a supplementary notice was also provided in the local newspapers on December 13, 1989 . 7 .2 A resident of Timberlane Court submitted a letter to the Town in objection to the proposed Official Plan amendment. The letter cited concerns with the environmental sensitivity of the subject property, the density of the proposed development, potential effects on well water supply, property values and increased demand for municipal services . The letter was supported by a petition signed by 44 other residents of the estate residential development north of the Courtice Urban Area. Two area residents have also attended at the Planning Department offices to express their concern regarding the development of the lands and the potential impact on their well water supply. B. AGENCY COMMENTS 8. 1 The subject Official Plan Amendment application was circulated by both the Planning Department and the Region of Durham to various agencies for comment. . . .5 539 REPORT NO. : PD- 6 - 90 PAGE. .5 8 .2 The Town of Newcastle Community Services Department stated that they are unable to plan effectively in bits and pieces without being aware of the total community that will result. They are therefore unable to look favourably on any application to extend the Urban Boundary in isolation. 8 .3 The Town of Newcastle Fire Department noted that the subject site lies within the recognized response area of Station No.4 on Trull's Road, but that this application, in conjunction with the other growth planned for the Courtice area, would put a strain on the level of service available under present circumstances. 8 .4 The Central Lake Ontario Conservation Authority indicated that it supports the continuation of the 'Major Open Space' designation on the subject lands. The site is identified by the Authority's Environmental Sensitivity Mapping Project as exhibiting the highest level of sensitivity. The Farewell Creek valley provides a diversity of wildlife habitat, with the forest cover providing important hydrogeological, erosion control and water temperature regulation functions . Farewell Creek is considered to be a significant cold water sport fishery. The western limit of the Courtice Woods greenbelt abuts the Farewell Creek valley on this site, linking the valley systems of the Farewell and Bowmanville Creeks and providing an important wildlife corridor. The Courtice Woods is situated on a zone of high water table and is considered significant for its forest, wildlife and terrain components . The high water table contributes to the basef low of Farewell Creek with the forest providing hydrogeologic and water temperature regulation functions. The Authority notes that, although the subject site and lands to the south within the Urban Area also owned by the applicant have recently been denuded of vegetation, the vacant site still provides relatively free access for wildlife between the Farewell Creek valley and the Courtice Woods . The significant forest, wildlife habitat and forest/groundwater regulation functions will in time . . . 6 540 REPORT NO. : PD- 6 -90 PAGE. .6 be re-established through natural succession. However, the Authority notes that reforestation of the lands by the owner is encouraged by the Durham Regional Official Plan. The Authority states that the impact of development on the Courtice Woods and the Farewell Creek valley, as well as on the high groundwater characteristics and water quality/quantity contributions to the Creek must be determined. The Authority notes the requirement of the Regional Official Plan for the preparation of an environmental impact analysis within environmentally sensitive areas . 8.5 The Ministry of Natural Resources has objected to the proposed development due to the property's proximity to the Farewell Creek valley. This cold water creek is used as a migration route by rainbow trout and Pacific salmon. The treed area along the creek serves to regulate water temperature, maintain water quality control, provide streambank erosion control and provide a physical barrier to human intrusion. The Ministry indicated its support for maintaining the indication of Hazard Lands and Environmental Sensitivity for the subject property in the Official Plan. The Ministry also noted that, in the absence of an environmental impact analysis as required by Section 1. 3.9 of the Regional Official Plan, the impacts that may occur from the development of this property cannot be accurately determined. 8 . 6 The Ministry of Natural Resources also contacted the Federal Department of Fisheries and Oceans with respect to the subject application. The Department noted that the removal of forest cover and vegetation in the area, together with disruption of the high water table and alteration in the natural runoff patterns will result in adverse effects on fish habitats in Farewell Creek. Since cold water stream habitat in this part of Ontario is continuously S 4 1 REPORT NO. : PD- 6 -90 PAGE. . 7 threatened by incremental loss, the Department indicated it would object to any proposal to change the current designation and zoning of these lands . The Department also noted that the disruption, alteration and destruction of habitat in Farewell Creek resulting from the proposed development is prohibited unless authorized pursuant to the Federal Fisheries Act. In keeping with the Policy for the Management of Fish habitat, the Department will not consider authorizing such an activity unless the proponent can demonstrate that fish habitat will not be affected or can provide acceptable compensation for any habitat that is lost. 8.7 Comments remain outstanding from the following agencies : - Town of Newcastle Public Works Department - Region of Durham Works Department - Public School Board - Separate School Board - Ministry of Agriculture and Food - Ministry of the Environment 9. STAFF COM MNTS 9 . 1 The applicant has recently provided information to the Department with respect to the 'tree clearing' in an environmentally sensitive area. William Tonno Construction Ltd. apparently purchased the property in 1986 and, at that time, the previous owner had cut and piled lumber on the subject site. This lumber was to be removed by the previous owner by December 31, 1986 . Subsequently, the applicant engaged an professional landscape architect who apparently marked hundreds of 'healthy trees' which were left uncut on the property. Furthermore 25 acres of valleyland along the Farewell Creek were apparently left undisturbed. . . . 8 542 REPORT NO. : PD- 6 -90 PAGE. .8 The applicant states that the recent clearance work was "mainly the removal of tree stumps, dead trees and scrub, for the purpose of overall land clean up. " The applicant states that it was not his intention to "deal with the environment question in a non- responsible manner. . . . . " . Staff's observation at the site in March 1989 noted that a substantial clearing operation was being completed with timber from mature trees being removed and smaller specimens being uprooted, piled and subsequently burnt. Some younger trees were being left uncut. 9 .2 The primary concern in the review of the Official Plan Amendment application submitted by William Tonno Construction is the environmental sensitivity of the subject property. These and other lands to the south within the Courtice Urban Area also owned by the applicant have recently been cleared of all vegetation and forest cover. The important environmental function of the site, in particular its hydrogeological role in relation to Farewell Creek, has been well documented by the Central Lake Ontario Conservation Authority and the Ministry of Natural Resources . The environmental significance of the site is also supported by the Durham Regional Official Plan. Both agencies have indicated their opposition to the development of the subject lands, noting that the re-establishment of the forest cover would preserve the environmental functions of the site. The Federal Department of Fisheries and Oceans have indicated their support for this position. 9 . 3 The Conservation Authority and the Ministry of Natural Resources have also noted that an environmental study as required by Section 1. 3 .9 of the Durham Regional Official Plan has not been submitted. Such a study is intended to apply to the subject area or a wider area if deemed necessary and is to identify the environmentally sensitive features of the site, appropriate mitigative measures, and areas worthy of preservation. . . .9 J43 REPORT NO. : PD- 6 -90 PAGE. .9 In 1980, the Town retained the consulting firm of Gartner Lee Associates to undertake an environmental analysis of the Courtice North Neighbourhood pursuant to Section 1. 3 . 9 of the Regional Official Plan. Although the subject property was not included in the Study Area, the Planning Concept prepared by Gartner Lee recognized the importance of protecting the sensitive lands to the north of the Urban Area by recommending a band of 'Open Space Lands ' across the northern boundary of the Neighbourhood. This northerly band of vegetation was intended to serve as a buffer between urban development in Courtice and these sensitive lands, which included the subject property. 9 .4 Given the hydrogeological regime of the subject property, Staff are concerned that should these lands be developed for urban purposes there would be significant costs for the municipality resulting from the maintenance of storm water detention ponds and drainage courses. These features do not serve a useful function in the Town's open space and parks system. 9 .5 Another important consideration in the review of the subject Official Plan Amendment application is the most appropriate direction for the Courtice Urban Area to expand. This application cannot be viewed as a small incremental change to the Urban Area. In that regard, consideration of this application would require a major commitment to the entire pattern of future growth of Courtice. This should be done in a comprehensive manner as is currently being undertaken in the Durham Regional Official Plan Review. As such, this application must dealt with in the context of the much broader planning studies presently underway. 10. CONCLUSION 10 . 1 Staff have significant concerns regarding the merits of developing the subject lands due to their environmental sensitivity. However, a decision on the application is premature pending the resolution of issues related to the Courtice Urban Area expansion currently being undertaken through the Regional Official Plan review. . . . 10 544 REPORT NO. : PD- 6 -90 PAGE. . . 10 10 .2 The suitability of developing these lands is required by Section 1. 3. 9 of the Regional Official Plan to be established through an Environmental Impact Analysis . This Study is to be conducted by the area municipality; however, Staff are not prepared to recommend the expenditure of public funds for such a study at this point in time. 10 . 3 There are a number of agencies and Departments which have not submitted comments to date. It is therefore recommended that the subject application be referred back for the preparation of a subsequent report. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I.P. 4warence E. K t eff, Director of Planning & Development Chief Administrative Officer JAS*DC*FW*df LIST OF PERSONS TO BE NOTIFIED OF COMMITTEE AND COUNCIL'S DECISION William Tonno Construction Ltd. 650 King Street East Suite 215 Oshawa, Ontario. L1H 1G5 D.G. Biddle & Associates ltd. 96 King Street East Oshawa, Ontario. L1H 1B6 Mr. C. Conti Central Lake Ontario Conservation Authority 100 Whiting Avenue Oshawa, Ontario L1H 3T3 Mr. David Bell Ministry of Natural Resources Lindsay District 322 Kent Street West Lindsay, Ontario K9V 4T7 REPORT NO. : PD- 6 - 90 PAGE. . 11 Mr. Serge Metikosh Federal Department of Fisheries & Oceans Bayfield Institute 867 Lakeshore Road P.O. Box 5050 Burlington, Ontario L7R 4A6 Mr. David Burnham 39 McLellan Drive Bowmanville, Ontario L1E 1Z9 Mr. Stewart Prouty R.R.#3 Bowmanville, Ontario L1C 3K4 Mr. Larry Corby Group 5, Box 9 R.R.#3 Bowmanville, Ontario L1C 3K4 Mr. Victor Humphries Group 24, Box 1 R.R.#3 Bowmanville, Ontario L1C 3K4 546 DRAFT PLAN OF PROPOSED SUBDIVISION PMT OF LOT 32, CONCESSION 3 Q�'�- � 1--� � _- • .FORYEJILY THE TOWNSHIP OF DARLINGTON) - 1 TOWN OF NEWCASTLE 58 REGIONAL MUNICIPALITY OF DURHAM ° D ° •'"''''- x•u•. a•.rax Nubv!•W � ISl� xl u•ao 1 .la I ~ lu. r ` " T / x e t S I 5 73 74 75 7I 7 78 80 81 2 8 85 6 8 OC}� 1 09 90 91 55 72 � 49 _! -' 14' � � 5 70 ! 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