HomeMy WebLinkAboutPD-313-90 Addendum 2 UNFINISHED BUSINESS
THE CORPORATION OF THE TOWN OF NEWCASTLE
DN: WOLFE.GPA
REPORT
Meeting: General Purpose and Administration Committee File#
Date: Tuesday, September 8, 1992 Res. #
ADDENDUM #2 TO By-Law ff
Report#:_pD_34_39_G_ File#: --&9--3W-D+ DEV 89-47 AND 18T-89025
Subject: 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 Addendum to Report PD-313-90 be received;
2. THAT Report PD-313-90 be lifted from the table and the
recommendations contained therein be approved.
1. BACKGROUND
1. 1 At a meeting of General Purpose and Administration Committee
on April 22, 1991, Council considered Addendum to Report PD-
313-90. A motion to lift the Report from the table and table
it for a further three month period was lost. A motion to
lift the Report from the table and refer it to the Council
Meeting scheduled for April 29, 1991 was also lost.
Consequently, no direction was given and the report remains
tabled.
1. 2 No further developments have occurred in the last year except
the Ministry of the Environment has returned the
Hydrogeological Report stating that it had insufficient
information for consideration.
1. 3 The Region is still awaiting Town Council's response on the
three related applications.
rrE 1-1-
ADDENDUM TO REPORT PD-313-90 PAGE 2
2. STAFF COMMENTS
2 . 1 It should be noted that the concerns of the agencies and Town
Staff were all detailed in Report PD-313-90, and the Addendum
Report of April 22, 1991, all of which are attached hereto.
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C. I.P. Lawrence E. K e f
Director of Planning Chief Administr t�ve
and Development Officer
BR*DC*FW*df
*Attach
5 August 1992
THE CORPORATION OF THE TOWN OF NEWCASTLE
DN: TOMINA.GPA
REPORT
Db4
Meeting: General Purpose and Administration Committee File#
9-0�7
Date: April . 22, 1991 Res. #
ADDENDUM TO By-Law#
Report#: PD-313-90 File#: 89-38/D; Dev 89-47 and 18T-89025
Subject: 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 the Addendum to Report PD-313-90 be received;
2 . THAT Report PD-313-90 be lifted from the table and
recommendations contained therein be approved.
1. BACKGROUND
1. 1 The subject applications seek the creation of a fourteen (14)
lot residential subdivision identified by the applicant as a
rural cluster.
1.2 On July 17, 1989, Committee reviewed Staff Report PD-179-89,
which outlined aspects of the proposal and fulfilled Public
Meeting requirements. The report contained no recommendation
as some comments were outstanding and some environmental
concerns were unresolved. Committee referred the application
' ' back to staff for a subsequent report- pending receipt of all
outstanding comments.
1.3 Staff prepared a subsequent report (PD-313-90) that went to
Committee on October 22, 1990. The Official Plan Amendment,
Rezoning and Plan of Subdivision applications were recommended
for denial for the reasons contained in Report PD-313-90,
attached hereto. Concerns with the proposal were (and are) of
a land use/locational nature and an environmental nature. The
land use/locational c ,ncer s are as follows:
LJ
RECYCLED RAPIER
R " RECYCLE
REPORT NO. : PD- -91 PAGE 2
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 note 3we 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" .
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.
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.
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.
REPORT NO. : PAGE 3
1.4 Committee tabled the three applications at the request of Mr.
Joe Tomina, owner, for a period of six (6) months (until April
22, 1991) .
1.5 The six month period has elapsed and the two of the three
agencies with environmental concerns have not received any
additional information to substantiate further consideration
of the proposal by staff.
2. STAFF COMMENTS
2 . 1 The Ministry of the Environment received a copy of a
hydrogeological study by Terraprobe Limited on October 22,
1990. It is not known whether this study satisfies all of the
Ministry's information requirements .
2 .2 As of April 10, 1991, the Regional Department of Health
Services had not received any of the information they had
requested, although the applicant was notified in a letter
dated June 13, 1989 .
2 .3 As of April 10, 1991, the Central Lake Ontario Conservation
Authority had not received any of the information they had
requested, although the applicant was notified in a letter
dated July 17, 1989 .
2 .4 It should be noted that the concerns of the above agencies
were all detailed in Report PD-313-90, a copy of which was set
aside for the owner. However, whether or not any or all
concerns from the three agencies have been dealt with
adequately is not the primary issue, which is, that the
proposal fails on land use planning grounds. Those grounds
are stated in Subsection 1.3 of this addendum. The four
reasons cited remain valid and so, there is no valid reason to
change the staff position (recommendation of denial) as
contained in Report PD-313-90 .
REPORT NO. : PD- -91 PAGE 4
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C.I.P. awrence E. Ao seff
Director of Planning Chief Adminis ative
and Development Officer
BR*DC*FW*df
*Attach
10 April 1991
Interested parties to be notified of Council and. Committee's
decision:
Joe Tomina
R.R.#3
Bowmanville, Ontario.
L1C 3K4
Joan Watts
Group 2, Box 4
R.R.#6
Bowmanville, Ontario.
L1C 3K7
John and Inez Huber
Group 2, Box 5
R.R.#6
Bowmanville, Ontario.
L1C 3K7
William Wolfe
7 Elmira Court
Willowdale, Ontario.
M2K 2T1
Carmela Cupelli
Box 7, R.R.#3
Bowmanville, Ontario.
L1C 3K4
Mrs. Allen Thompson
R.R.#6
Bowmanville, Ontario.
L1C 3K4
TOWN OF NEWCASTLE
z4NE �'���DN: TOMINA.GPA REPORT File #
Res. #
8y-Law #
rlNG: General Purpose and Administration Committee
DATE:
October 22,
REPORT #: PD-313-90 FILE #: 89-38%1j; Dev 89=47 and-.18T-89025
SLRfCT: DURHAM REGIONAL -OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS
PLAN OF .SUBDIVISION APPLICATION - WILLIAM WOLFS 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 I the. Region•-of.. Durham be advised that the Town .of
Newcastle- rec'6mkends' that Official Plan Amendment' Application-
File 89=38/D and''Plan-:of..Subdivision. .18T-89,025 submitted- by.
William Wcilfe (Vidcon ,Construction.) on' behalf .of Joe'Tomina to
permit the development :of. a _.14 lot rural. residential ,
development i.n -Patt'.'Lot'.20, Concession 2.,..-former- Township of .
Darlington,.. be. denied.;.: .
3. THAT".Rezoning..Applicati.on 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
REPORT NO. : PD-313-90 PAGE 3
as an exception within the "General Agricultural" and. "Major
Open Space!' .desi:gnations.. 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
"emrironmentally, 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 i condti o'ns of the site and .its surrounding..
area, including the impact on -environmentally sensitive
areas;
b) An assessment of the, fi-nancial. implications for. .the
Region and the-. respective area municipality;
C).. _ Urban design alterriatives 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
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 compatibili.ty. 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-�t'o. 8chedule 18 (Maple Grove,) Of the 'own of
Newcastle. Comp' rehensive. Zoning. By-law, all- of the site and'all .
of the ad jtia.ni:ng' 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
2i %
4�1
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 .Meeti'ng, *Committee. resolved that the
applications "be referred back to Staff for a- subs'equent,
report- pending receipt pf •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. appl icati.ons i
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
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
Juine 13, 1989; the :Regional planning. Department, i.nformed...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 sit e _and .• potential .
impacts on adjacent wetlands. . The..adjacent wetland
(particularly. an abutting 'forest block_) is. 'an "environmeintally
sensitive area" as-* defined by. the'•Durham Regional Official
Plan. As well, the forest block has .been given .the highest
Ievel of. environmental.,sensitivity by. the Authority's
Environmentally..Sensitive .Areas ,lapping Project. _T he*
Authority recommended'that-: there be A,. re-examination: of the
proposal and its-:potential impacts on the :acijacent sensitive
areas. Two technical reports*. were prepared: to ,help- support
'the Wolfe/Toniina' applications (see Section-9 of. tliis.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
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 concern6...-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
2 1 J i
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 donduct 'a hydrogeologic :study of the site.
The study, submitted on February 10, 19 8 9', conc'liided 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•ti.le .beds- to be used.throughout. the
site;
3) based on a. simplified. water balance,.about 13:.16ts .could
be:developed, while maintaining nitrate levels-.below- the
current. ,potable water objective of 10 mg/l; .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.
. . . .9
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 -Bowitianville 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 poli.bies .to
maintain open. space between Courtce and Bowmanville. This
urban. separation concept Aids 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 `coux�thess 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
40i 'and 407) Freeway Link.
. . . .10
J f _ �
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 Ap plication,
the Town .of Newcastle Zoning. By.-law Amendment Application and
the Plah .of Subdivision Application.
Respectfully submitted, Recommended for presentation
:. .... ... .. .. ... . .. to..the. Committee.
:Franklin Wu, M.C.I-.;P. Lawrence E. Kots.eff
DIrector of Planning Chief' Adm:inistrative
and .Development Officer
BR*DC*FW*af
*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, Onntario. R.R.#6
L1C '3K4 Bowman 11e;• 0 ntario: 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
( P�TTACHMLN-1 7
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