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HomeMy WebLinkAboutPD-313-90 TOWN OF NEWCASTLE rjs� t DN: TOMINA.GPA REPORT File # r c 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. 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