HomeMy WebLinkAboutPD-6-90 . 11�, TOWN OF NEWCASTLE
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_= 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
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