HomeMy WebLinkAboutPD-313-90 Addendum THE CORPORATION OF THE TOWN OF NEWCASTLE
DN: TOMINA.GPA
REPORT
T.
Meeting: General Purpose and Administration Committee File# ��V
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 concerns are as follows:
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 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" .
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.
_,
1 ( ,
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 .
1 -) 0A
I 1
REPORT NO. : PD- -91 PAGE 4
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C.I .P. awrence E. o 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
DN: TOMINA.GPA REPORT File #
Res. #
----MBE . By-Law #
11EETING: General Purpose and Administration Committee
DATE: October 22, 1990
REPORT #: PD-313-90 FILE #: 89-3810; 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 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 89-38/0 and .Plan of Subdivision. l8T-89025 submitted• by
'Williain: 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
12, If1
6
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
(Vi:dcon. Construction)
On April 13, .1989 'the Newcastle Planning and' Development
Department received a rezoning application submitted by
William'Wol,fe ..(Vidcon Construction) .
On May 14,. 1989. the. Town was -advised-by Durham Region of an
application_ submitted by 'Killian Wolf6 (Vidcon Construction)'
foray 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
12 (l
REPORT NO. : PD-313-90 PAGE 3
as an exception within the "General Agricultural" and "Major
Open Space�' .designations. Accordi:ng: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 A,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 Wray '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
� r
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. l8 (Maple Grove) .of the Town of
. .Newcastle. Comprehens,>ve, Zoning By-law, Nall- 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.
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
wt 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. 5ervices 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
1210
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 -fora* drainage swales plan. complete, with,
elevation l'ines .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
concernss• 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. envi.rorimental: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.
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 co.ncerns..wi:th
the sub ject. •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 'principie provided that:
all works are completed.�.in accordance with Newcastle's
Des ,gn 'and.,Standard Drawings. Criteria;
easements required by the Town be granted-free and clear
of encumbrance8;
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
z � � �
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 f.or. 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 ()Tidcon
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 .ra:ised sand-tile beds to be used .throughout. the
site;
3) based on a si.mplified. water balance, . about 13 .lots . could
bo`developed while .mai.ntaining nitrate levels .below the
current. potable water objective .of 10 mgll; .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
Lj
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. thi:s 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 .Regipn 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 .tias been reinforced in the Region's
.,Draft Changes to the Official P.
10.3 :The proposed development is an unplanned subdivision i.n.'close.: .. `
proximity. to 'Bowmanvi:l.le and Maple Grove. If approved,.+this
type of Aevelopmerit: 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
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`.J4`3 Lawrence E. Kots.eff
DIrector of Planning Chief' Administrative
and .Development Officer.
BR*DC*FW*df
*Attach
16 October 1990
Interested parties to be .notified of :.Council and Committee'8
decision:
Joe.: Tomina John and Inez Huber
R.R.#3 : Group 2, Box 5,.
Bowmanvi"d, Ontario.
L1C ' 3R4 Bowmanviale;• 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
( ��TACNMCtVT � 7
SUBJECT SITE
LOT 21 LOT 20 LOT 19
«.QOA- I 9£'w££ti CONC So;x, 2 B }.....«............
RC NASH ROAD
i •
• � j
1
t p
Q
W 0.
cr
;J . EP W� cn
A
w.
�o Z .
. Z0
\ Z
J
A=4
qr
NTC4
RH ro
O SO M 200 Woo
KEG( MAP s
Dev. 89-47 O.P.A. 89 -38/D
18T" , 9025
w
FT
i
.\ � � N S n 4• .�
il Cf L� [�j �a�:..' _.cam._..
`-' fIi (�� ` �!� �`JI , /t _.:�._�..-....� _._�� �-�_...-♦FUY.I✓ s /...IV.IrYN '1 4 `l/ r�(1 Y f
JIIV 1 I rl Q V✓C7 u:fi7 v7/JM.GI v G\/Uc� 4�70I•�. Orvv I7-r cry Jer 1 1A
IV
2 00 � nn11
I
t