HomeMy WebLinkAboutPD-313-90 TOWN OF NEWCASTLE
rjs� t DN: TOMINA.GPA REPORT
File # r
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Res. #
By-Law #
METING: General Purpose and Administration Committee
DATE: October 22, 1990
REPORT #: PD-313-90 FILE #: 89-38/D; Dev 89-47 and 18T-89025
W&ECT: DURHAM REGIONAL OFFICIAL PLAN AND ZONING BY—LAW AMENDMENTS
PLAN OF SUBDIVISION APPLICATION — WILLIAM WOLFE ON BEHALF
OF JOE TOMINA
PART LOT 20, CONCESSION 2, DARLINGTON
FILE: OPA 89-38/D
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-313-90 be received;
2 . THAT the Region of Durham be advised that the Town of
Newcastle recommends that Official Plan Amendment Application
File 89-38/D and Plan of Subdivision 18T-89025 submitted by
William Wolfe (Vidcon Construction) on behalf of Joe Tomina to
permit the development of a 14 lot rural residential
development in Part Lot 20, Concession 2, former Township of
Darlington, be denied;
3 . THAT Rezoning Application DEV 89-47 submitted by William Wolfe
(Vidcon Construction) on behalf of Joe Tomina to permit the
development of a 14 lot rural residential development in Part
Lot 20, Concession 2, Concession 2, former Township of
Darlington, be denied; and
3 . THAT a copy of Council's decision be forwarded to the Region
of Durham, the applicant and the property owner.
1. APPLICATION INFORMATION
1. 1 Applicant: William Wolfe (Vidcon Construction)
1.2 O.P.A. : From Major Open Space to Rural Cluster.
1. 3 Rezoning: From Agricultural (A) to Rural Cluster
1 .4 Subdivision Application: Approval for a plan of subdivision of
14 single family detached dwelling lots
with a minimum frontage of 30 metres. . .2
REPORT NO • PD-313-90 PAGE 2
1.5 Area: 7 hectares ( 17 . 3 acres)
2. LOCATION
2 . 1 Legal Description: Part Lot 20, Concession 2, former Township
of Darlington
2.2 Relative Location: East side of Holt Road and south of Nash
Road.
3. BACKGROUND
3. 1 On May 14, 1989 the Town was advised by Durham Region of an
Official Plan Amendment application submitted by William Wolfe
(Vidcon Construction) .
On April 13, 1989 the Newcastle Planning and Development
Department received a rezoning application submitted by
William Wolfe (Vidcon Construction) .
On May 14, 1989 the Town was advised by Durham Region of an
application submitted by William Wolfe (Vidcon Construction)
for a 14 lot draft plan of subdivision.
4. LAND USES
4 . 1 Existing Uses: Vacant Land
4 .2 Surrounding Uses: East: Vacant Land
West: Rural Residential
South: Rural Residential
North: Rural Residential
5. DURHAM REGIONAL OFFICIAL PLAN
Under the Durham Regional Official Plan, the site is
designated as "Major Open Space System" . However, a limited
number of estate-residential subdivisions may be permitted
. . . . 3
, 9 4
REPORT NO. : PD-313-90 PAGE 3
as an exception within the "General Agricultural" and "Major
Open Space" designations . According to Map A (Regional
Structure) of the Durham Regional Plan, much of the land in
the general vicinity of the site is indicated as
"environmentally sensitive" . Section 1.2 .2 of the Durham
Regional Plan states that: "Council shall endeavour to retain
in a natural state wherever possible the areas identified as
environmentally sensitive" . Specifically, Council may require
an environmental analysis and where such an analysis is
required, Section 1. 3.2 states that the analysis shall address
the following matters:
a) An assessment of the impact of the proposed development
on existing conditions of the site and its surrounding
area, including the impact on environmentally sensitive
areas;
b) An assessment of the financial implications for the
Region and the respective area municipality;
c) Urban design alternatives depicting height, bulk,
architectural treatment and landscaping;
d) An indication of the manner in which such a development
shall be integrated into the fabric of adjacent land
uses; and
e) Such other matters as deemed necessary.
Prior to approving a development application within an
environmentally sensitive area (as shown on Map A) the
relevant area municipal council shall co-author with the
Region and relevant conservation authority, a study to
implement Section 1.2 .2 . Such a study shall determine to the
. . . .4
5 911 U1.)
REPORT NO. : PD-313-90 PAGE 4
satisfaction of the relevant area municipal council and the
Region:
a) the type and degree of sensitivity of the environmental
conditions;
b) the compatibility of the proposed development with the
environmentally sensitive area(s) ;
c) the need for and the definition of mitigating measures to
cope with the sensitivity of the environmental
conditions;
d) the location, amount and type of development; and
e) the location and extent of those sensitive area(s) which
should be preserved.
6. ZONING
According to Schedule 18 (Maple Grove) of the Town of
Newcastle Comprehensive Zoning By-law, all of the site and all
of the adjoining land parcels are zoned Agricultural (A) and
so Residential subdivisions are not permitted.
7. 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, no written submissions have been received.
On July 17, 1989, General Purpose and Administration Committee
held a Public Meeting on the proposal.
. . . .5
5 U6
REPORT NO. : PD-313-90 PAGE 5
Two delegations appeared objecting to the Wolfe/Tomina
applications . Mrs. Inez Huber, a neighbour to the south for
twenty years, expressed concern regarding water run off,
pollution of wells and increases in property taxes . Joan
Watts, a neighbour on the west side of Holt Road, has operated
a dog kennel at this location for more than two years and, is
concerned that future residents will complain about barking
dog noise from her kennel. No support was expressed for the
applications .
Following the Public Meeting, Committee resolved that the
applications "be referred back to Staff for a subsequent
report pending receipt of all outstanding comments" .
8. AGENCY COMMENTS
8 . 1 In accordance with Departmental procedure, one or more of the
three related applications were circulated to various agencies
and departments for their review and comment. It appears that
the following agencies/departments have no objections to any
of the three related applications:
Town of Newcastle Community Services Department
Town of Newcastle Fire Department
Region of Durham Works Department
Separate School Board
Ministry of Agriculture and Food
Ministry of Natural Resources
Ministry of Transportation
Ontario Hydro
Consumers Gas
Bell Telephone
8. 2 The Durham Region Department of Health Services requested that
a new site plan be provided by the applicant showing tile beds
located directly behind the houses . The Department also
. . . .6
599 U /
REPORT NO. : PD-313-90 PAGE 6
requested that Lots 1 and 2 be eliminated due to the grade-
level water table in the area. As well, the Department asked
the applicant for a drainage swales plan complete with
elevation lines and the directions for all water flow. On
June 13, 1989, the Regional Planning Department informed the
applicant of the Regional Health Department's information
requirements . More than a year and four months later, the
applicant has yet to respond to this request.
8. 3 The Central Lake Ontario Conservation Authority had two major
concerns : potential interference with and/or degradation of
the ground water discharge function of the site and, potential
impacts on adjacent wetlands . The adjacent wetland
(particularly an abutting forest block) is an "environmentally
sensitive area" as defined by the Durham Regional Official
Plan. As well, the forest block has been given the highest
level of environmental sensitivity by the Authority's
Environmentally Sensitive Areas Mapping Project. The
Authority recommended that there be a re-examination of the
proposal and its potential impacts on the adjacent sensitive
areas . Two technical reports were prepared to help support
the Wolfe/Tomina applications (see Section 9 of this report) .
Henry Kortekaas and Associates Inc. prepared a "Preliminary
Environmental Impact Analysis" which was examined by the
Authority (C.L.O.C.A. ) . Terraprobe Limited (Geotechnical
Engineers and Hydrogeologists) prepared a "Subsurface
Investigation" report which was not sent to the Authority.
C.L.O.C.A. found the "Preliminary Environmental Impact
Analysis" incomplete and requested a more in-depth analysis
which includes the site and adjacent lands . Furthermore,
they requested a copy of the Terraprobe report. More than a
year and three months later the applicant has yet to respond
to this request.
. . . .7
599 H
REPORT NO. : PD-313-90 PAGE 7
8 .4 The Public School Board objects to the applications because
the new subdivision would overload the capacity of Maple Grove
Public School.
8 .5 The Ministry of the Environment has expressed concerns with
the subject proposal. The Ministry requires the applicant to
conduct: a proper pump test showing yield draw down for pumps
on-site, potable water quality tests, transmissivity and
storativity calculations for water yield information and, a
proper assessment of the sewage disposal capability of the
soils . The Ministry recommends that draft approval of the
subdivision be held in abeyance until a comprehensive
hydrogeological study is submitted.
8 . 6 The Newcastle Public Works Department has no objection to the
applications in principle provided that:
all works are completed in accordance with Newcastle's
Design and Standard Drawings Criteria;
easements required by the Town be granted free and clear
of encumbrances;
30 metres x 10 metres sight triangles be dedicated to the
Town;
the applicant bear all costs of any works on Holt Road
necessitated by the subdivision's construction;
the utility distribution on the internal streets be
installed underground and that all secondary services for
the proposed lots be underground;
the applicant meet all the requirements of the Public
Works Department;
the applicant enter into a Subdivision Agreement with the
Town;
all of the standard requirements be included in the
Agreement;
the applicant provide the Department with a satisfactory
Storm Water Management and Lot Grading Plan; . . . .8
F., 9 U 0
REPORT NO. : PD-313-90 PAGE 8
a performance guarantee estimate for the external works
be provided;
illumination on Holt Road be provided;
the applicant apply for property access; and
the applicant incorporate all revisions to the plan of
subdivision requested by the Works Department.
9. SUMMARY OF TECHNICAL REPORTS
9 . 1 Hydrogeologic Study
Terraprobe Limited was retained by William Wolfe (Vidcon
Construction) to conduct a hydrogeologic study of the site.
The study, submitted on February 10, 1989, concluded that:
1) groundwater supply for domestic purposes can be obtained
from individual wells at the site;
2) the impervious nature of the native silty sand till
requires raised sand tile beds to be used throughout the
site;
3) based on a simplified water balance, about 13 lots could
be developed while maintaining nitrate levels below the
current potable water objective of 10 mg/1; and
4) the native soils will be able to support houses on
conventional shallow spread footings .
9 .2 Environmental Impact Analysis
Henry Kortekaas and Associates Inc . was retained by William
Wolfe (Vidcon Construction) to investigate whether or not
the site was suitable for estate residential development. The
environmental analysis, submitted on April 20, 1989, concluded
that the site was suitable for estate residential development.
REPORT NO. : PD-313-90 PAGE 9
10. STAFF COMMENTS
10 . 1 Regarding environmental conditions, the site is in a local
ground water recharge area, immediately northwest of a
wetlands area 'and immediately east of a high-water table area.
Regardless of whether or not we accept any proposed
environmental impact mitigation measures, it is undesirable to
allow this development to be so close to areas that have been
identified as "environmentally sensitive. "
10 .2 Regarding residential development, the site is north of Maple
Grove directly between the Whitby-Oshawa-Courtice Major Urban
Area and the Bowmanville Major Urban Area. This area is part
of the urban separator concept of the Durham Region Official
Plan. Residential development should not be allowed in order
to maintain the integrity of the Official Plan policies to
maintain open space between Courtice and Bowmanville. This
urban separation concept has been reinforced in the Region's
Draft Changes to the Official Plan.
10 . 3 The proposed development is an unplanned subdivision in close
proximity to Bowmanville and Maple Grove. If approved, this
type of development will create countless problems for the
municipality in future years including, but not limited to:
premature requests for municipal water and sanitary services,
demand for commercial and community facilities outside
designated Hamlets and Urban Areas, and additional pressure to
"fill in" the urban separator.
10 .4 In addition, another complication of the site is its location
in the Study Area for the Proposed Oshawa/Newcastle (Highways
401 and 407) Freeway Link.
. . . . 10
599 i 1
REPORT NO. : PD-313-90 PAGE 10
11. CONCLUSIONS
11 . 1 Based on the aforementioned comments, Staff recommends denial
of the Durham Regional Official Plan Amendment Application,
the Town of Newcastle Zoning By-law Amendment Application and
the Plan of Subdivision Application.
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C.I .P. Lawrence Kotseff
DIrector of Planning Chief AdMi istrative
and Development Officer {
BR*DC*FW*df
*Attach
16 October 1990
Interested parties to be notified of Council and Committee's
decision:
Joe Tomina John and Inez Huber
R.R.#3 Group 2, Box 5,
Bowmanville, Ontario. R.R.#6
L1C 3K4 Bowmanville, Ontario. L1C 3K7
Mrs. Allen Thompson Joan Watts
R.R.#6 Group 2, Box 4,
Bowmanville, Ontario. R.R.#6
L1C 3K7 Bowmanville, Ontario. L1C 3K7
Carmela Cupelli
Box 7, R.R.#3
Bowmanville, Ontario.
L1C 3K4
William Wolfe
7 Elmira Court,
Willowdale, Ontario.
M2K 2T1
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