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HomeMy WebLinkAboutPD-311-89 TOWN OF NEWCASTLE S sz REPORT File #�,t, - 3t) Res. # PUBLIC MEETING 8y-Law # NESTING: General Purpose and Administration Committee DATE: December 4, 1989 REPORT #: PD- 311-89 FILE #: SUBJECT: OFFICIAL PLAN AMENDMENT APPLICATION - FILE: 89-61/D SUBDIVISION APPLICATION - FILE: 18T-89056 REZONING APPLICATION - FILE: DEV 89-81 APPLICANT: JOHN SZASZ (CREDIT POINT DEVELOPMENTS) PART LOTS 8 AND 9, 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- 311-89 be received; and 2 . THAT the Official Plan Amendment Application 89-61/D submitted by Mr. John Szasz of Credit Point Developments to amend the Durham Regional Official Plan be recommended for denial to the Region of Durham; and 3 . THAT Subdivision Application 18T-89056 also submitted by Mr. John Szasz be recommended for denial to the Region of Durham; and 4 . THAT Rezoning Application DEV 89-61/D also submitted by Mr. John Szasz be denied; and 5 . THAT the Region of Durham Planning Department, those persons listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Applicant: G.M. Sernas & Associates Ltd. 1.2 Owner: John Szasz (Credit Point Developments) . . .2 5 ( � REPORT NO. : PD- 311 -89 PAGE. . .2 1.3 Official Plan Amendment: From "Permanent Agricultural Reserve, Major Open Space with Hazard Land and Environmentally Sensitive Lands" To: "Estate Residential" 1.4 Subdivision: 85 single family lots 15 ha (37 acres) open space block (see attachment No. l) 1.5 Rezoning: From "Agricultural (A,A-1,A-11) and Environmental Protection (EP) " To: "Estate Residential (RE) " 1. 6 Area: 68 .2 ha ( 168 .5 acres) 2. LOCATION 2 . 1 Legal Description: Part Lots 8 and 9, Concession 3, former Township of Darlington (see Attachment No.2) . 2 .2 Relative Location: north of Concession Road 3, east and west of Mearns Avenue 3. BACKGROUND 3 . 1 The application to amend the Comprehensive Zoning By-law was received by the Town on May 17, 1989 . 3 .2 The related Official Plan Amendment and Subdivision applications were circulated by the Region of Durham to the Town on May 29, 1989 and October 2, 1989 respectively. 3 . 3 On November 20, 1989, the applicant submitted a revised draft plan of subdivision for the subject property which proposes . . . 3 nYn, REPORT NO. : PD-311 -89 PAGE. . . 3 the creation of 88 lots. Technical agencies have not had the opportunity to comment on the revised submission. 4. EXISTING AND SURROUNDING USES 4 . 1 Existing Use: Agricultural and Thistle Valley Park Campground 4 .2 Surrounding Uses : East - Agricultural and Vacant West - Agricultural and Vacant North - Agricultural and Vacant South - Rural Residential and Vacant; designated 'Urban Residential' 5. OFFICIAL PLAN POLICIES 5. 1 The Durham Regional Official Plan (Section 10 . 3) provides for a limited number of estate residential subdivisions, with the limits to the number of such developments to be established by their scale and location, their financial implications for the Region and their effect on the Region's transportation and facilities infrastructure. Estate residential developments are intended by the Official Plan to be located in scenic well-vegetated areas and are intended to integrate with the landscape. The overall density of a development is not to exceed 5 persons per hectare (2 persons per acre) . As well, proposed developments are not to be located on lands having high capability for agriculture, conservation and recreation, or mineral extraction, or to unduly restrict the use of adjacent lands for these uses. There should be no undue adverse effects on environmentally sensitive lands . 5 . 1 . 1 The Official Plan requires the submission of a detailed engineering report in support of . . .4 J REPORT NO. : PD- 311-89 PAGE. .4 applications for estate-residential development to demonstrate the suitability of the site to provide private water and sewage disposal services. A detailed landscape analysis of the subject property and adjacent lands is also required. 5.2 The northern portion of the subject site is indicated by the Regional Official Plan as being 'environmentally sensitive" . As well, "Hazard Lands" are indicated in the southern portion in association with a tributary of Soper Creek. 5 .2 . 1 The Official Plan (Section 1.2) states that the extent and exact location of environmentally sensitive areas are to be determined through development applications . Although it is the intention of the Plan to retain such areas in a natural state, development may be permitted if it is compatible with the environmental conditions or if appropriate measures have been undertaken to mitigate any resulting negative environmental impacts . An Environmental Impact Analysis in respect of a proposed development or a wider area if deemed necessary is required prior to approving a development application on lands indicated as being environmentally sensitive. 5 .2 .2 Hazard Lands are to be primarily for the preservation and conservation of the natural lands and/or the environment. Their extent and exact location are to be determined in the respective zoning by-law in consultation with the Conservation Authority. . . .5 REPORT NO. : PD- 31189 PAGE. . .5 5 . 3 Through its comprehensive review of the Durham Regional Official Plan, the Region of Durham has proposed new rural area policies. A primary goal of these new policies is to preserve the distinction between rural areas, including agricultural lands, and Urban Areas . The policies proposed within the rural settlement section discourage the intrusion of residential uses into rural areas and reinforce hamlets as the preferred location for rural settlements. 5 . 3 . 1 Specifically, the proposed new policies provide clearer definition and direction in the assessment of estate residential development proposals . The following have been proposed to be added to the existing list of criteria: i) Estate residential development shall be distinct and well-separated from Urban Areas, Hamlets and other estate residential development. ii) An estate residential development shall have a maximum of 30 lots and a maximum area of 20 hectares (50 acres) and smaller subdivisions shall be encouraged. iii) Lots within an estate residential development shall be varied and shall generally range from 0 .5 ha ( 1.25 acres) and 1. 0 ha (2 .5 acres) in size. 5. 3 .2 Through its consideration of Staff Report PD-173- 89, Town Council, on July 10, 1989, indicated to the Region of Durham its support for the proposed policies in respect of estate residential development. . . .6 J . REPORT NO. : PD- 311-89 PAGE. . . 6 6. ZONING 6 . 1 The lands in the souther portion of the subject site adjacent to Mearns Avenue are zoned 11A-1 (Agricultural) " , reflecting the extent of the Permanent Agricultural Reserve as defined by the Regional Official Plan. Most of the remainder of the site is zoned "A (Agricultural) " . These zone designations permit primarily only farming and farm-related uses . A 0 .75 ha (2 . 0 acre) parcel in the southeast corner of the subject site is zoned "A-11" permitting a trailer park or camp. The lands within the Regional Storm floodlines of Soper Creek and its tributaries are zoned "EP (Environmental Protection) " . Farming and uses which provide for the preservation of the natural environment are permitted. 6 .2 The proposed zoning by-law amendment would change the zoning of the lands zoned "A" and "A-111 , as well as a portion of the site zoned "A-11" to "RE (Residential Estate) " to permit the development of the proposed subdivision. The remainder of the "A-11" site lies within the Regional Storm floodlines of Soper Creek and would therefore be rezoned to "EP" . Other lands currently zoned "EP" would retain their zoning. 7. ENVIRONMENTAL STUDIES 7 . 1 Central Lake Ontario Conservation Authority Environmental Sensitivity Mapping Project 7 . 1. 1 This Report, released by C.L.O.C.A. in 1978, maps and describes the environmental sensitivity of lands and waters within the jurisdiction of the Conservation Authority. The results of this project were used as input in identifying environmentally sensitive areas in the Durham Regional Official Plan. . . . 7 REPORT NO. : PD- 311-89 PAGE. . 7 7 . 1.2 The subject site is identified as lying entirely within a local ground water recharge area. This unit fulfills two basic environmental functions, local ground water recharge to an unconfined aquifer, and headwater and basef low contributions to streamf low. The Report states that site specific hydrogeological investigations should be conducted to determine the effect that specific development might have on these environmental factors . The lands to the west of Mearns Avenue are also identified as being partially within a Seepage Zone. If these seepage springs, which represent focal points of local ground water discharge, are adversely tampered with, a disturbance to the natural ground water system may be created. 7 . 1. 3 The Mapping Project also identified the northern portion of the subject lands as being located within the "Salem Hills" . This area is identified as providing significant wildlife habitat and, in particular, supports a highly diverse and substantial breeding population of birds, some of which are found in no other habitat. The Salem Hills, as well as the adjoining seepage zone, are identified by the Mapping Project as exhibiting moderately high environmental sensitivity. 7 . 1.4 The stretch of the Soper Creek Valley which runs through the subject lands is identified by the Mapping Project as being "highly environmentally sensitive" . The Creek allows unobstructed entry of spawning rainbow trout to good spawning and nursery areas upstream. . . . 8 � .y, 7 REPORT NO. : PD-311 -89 PAGE . . 8 7 .2 Geotechnical/Hydrogeological Investigation for Credit Point Developments 7 .2 . 1 The preliminary findings of this study submitted by the applicant in support of the proposed development indicate that satisfactory conditions exist for an adequate supply of water, although additional subsurface investigation is recommended to verify these results. Limited treatment of the water is required to reduce hardness and, in the southeast portion of the site, the organic nitrogen content as well. This high background nitrate concentration is attributed to agricultural and picnic activities . It is stated that the cessation of agriculture and the installation of appropriate water supply and sewage disposal systems, should considerably reduce the nitrate concentration in the water. 7 .2 .2 The study also notes that the subsurface soils on- site are primarily of a sandy and silty nature, providing for the efficient operation of private sewage treatment systems. The ground water level at the initial boring was observed to occur between 6 .5 m (21. 3 feet) and 14.5 m (47 .5 feet) below the surface, although the ground water level rose considerably with time, indicating ground water is in a pressured condition. No free water was encountered in test pits excavated to a depth of 2 .5 m (8.2 feet) , although very moist and wet conditions were observed at the bottom of the pits. 7 . 3 Preliminary Landscape Analysis for Credit Point Developments 7 . 3 . 1 The Preliminary Landscape Analysis submitted by the . . . 9 ' 08 REPORT NO. : PD- 311 -89 PAGE. . 9 applicant in support of the development proposal notes that the subject site has irregular rolling topography with many small ravines . Wooded areas are primarily associated with Soper Creek and its numerous small tributaries . The Analysis also notes that the soils in the southern portion of the site near Mearns Avenue are Class 1. Soils over the remainder of the site range from Class 4 to Class 7 . 7 .3.2 The Landscape Analysis states that the subject property is well suited to estate residential development, and that through appropriate site design, the environmentally sensitive features of the site can be protected. It is also recommended however, that detailed geotechnical and hydrogeological evaluations be conducted to ensure that development does not alter the shallow ground water conditions and adversely effect the important ravine areas . 8. PUBLIC NOTICE 8 . 1 Pursuant to the requirements of the Planning Act and Council Policy, notice of the Public Meeting with respect to the subject rezoning application was mailed to all property owners within 120 m (394 feet) . Public Notice signs were posted on the Concession Road 3 frontage and the Mearns Avenue frontage of the subject site. 8 .2 The owner of lands to the north of the subject site submitted a letter to the Town expressing a concern with the proposed closing of Mearns Avenue and the possibility of trespassers from the proposed residential development. . . . 10 REPORT NO. : PD- 311-89 PAGE. . 10 9. AGENCY COMMENTS 9 . 1 In accordance with departmental procedure, the subject applications were circulated by both the Planning Department and the Region of Durham to various agencies for comment. The following agencies indicated no objection: - Bell Canada - Ontario Hydro - Ministry of Agriculture and Food 9 .2 The Town of Newcastle Fire Department noted that the site falls within the recognized response area of Station No. l in Bowmanville, but that this application, together with other development applications in the Bowmanville area, would have an impact on the level of service provided by this Department. Water for fire fighting purposes would be supplied by fire department tanker trucks . 9 . 3 The Town of Newcastle Community Services Department noted that the residents of the proposed subdivision would not be provided with accessible parkland. The Department recommended that the 5% parkland dedication requirement be accepted as cash-in-lieu, and that the Open Space blocks be dedicated gratuitously to the Town. 9 .4 The Region of Durham Health Department indicated that additional information was required prior to their providing comments on the proposed development. The information requested included a lot servicing plan, the suitability of site conditions for the operation of private waste disposal systems, and the comments of the Ministry of the Environment on the hydrogeological report and a study on the impact of development on adjacent water supplies . . . . 11 51 REPORT NO. : PD- 311 -89 PAGE. . 11 9 .5 The Town of Newcastle Public Works Department noted that approval of the proposed development would be premature pending the preparation of a storm water management plan for the whole Soper Creek watershed. 9 .6 The Ministry of Natural Resources noted that the subject property contains the main branch of Soper Creek, two permanently flowing tributaries and numerous intermittent tributaries . The Creek is a significant and sensitive cold water stream as it serves as a migration route for trout and salmon. The Ministry indicated the preparation of a comprehensive storm water management plan for the subject lands was required in order to identify the means to prevent water quality degradation resulting from development. 9 .7 Comments remain outstanding from the following agencies: - Central Lake Ontario Conservation Authority - Public School Board - Separate School Board - Ministry of the Environment 10. STAFF COM4ENTS 10. 1 The intent of the Durham Regional Official Plan and the revised policies for rural development as proposed through the Official Plan Review must be considered when evaluating the proposed Estate Residential development. In this regard, Staff have a number of concerns unrelated to specific characteristics of the site or the design of the project. 10 . 1. 1 Estate Residential developments are to be limited in size and number, with the Official Plan Review proposing a maximum area of 20 ha (50 acres) and a maximum of 30 lots. The proposed development, with 85 lots and a total area of 68 .2 ha ( 168 .5 acres) . . . 12 REPORT NO. : PD- 311-89 PAGE. . 12 cannot be considered as limited, and would distort municipal service priorities such as the provision of parks and schools . 10 . 1.2 The cumulative impact of the subject proposal, together with other estate residential developments in the general area, must also be considered in the context of limited size and number. As indicated by Attachment No.4, there has been substantial Estate Development north of the Bowmanville Urban Area. At the present time, there are 141 existing or approved estate lots between Old Scugog Road and Liberty Street. Council has denied one proposal with eleven lots in the past year. This concentration of Estate Development north of Bowmanville can be considered as comparable to a Hamlet. However, while a Secondary Plan may be prepared for a Hamlet, no Secondary Plan has been prepared for this piecemeal concentration of Estate Residential Development. Secondary Plans allow for the designation of parks, schools, community facilities and commercial areas, and ensure an adequate evaluation and control of new development. 10. 1. 3 Estate Residential developments are also to be assessed in terms of their location, their financial implications for the Region and their effect on the Region's servicing infrastructure. The Official Plan Review proposes that such development be distinct and well-separated from Urban Areas . The subject proposal, given its location directly adjacent to the designated limits of the Bowmanville Urban Area, would be more suburban than rural in character. The proposed development is in effect . . . 13 � 1 � REPORT NO. : PD- 311-89 PAGE. . 13 creating an extension to the Urban Area and represents a "leap-frogging" of development. Greater demand for commercial and community facilities outside the designated urban limits, as well the extension of municipal water and sanitary services may result if the proposed development is approved. The development of the subject site for an Estate Residential subdivision would also inhibit the orderly expansion of future urban growth if and when these lands are incorporated into the Bowmanville Urban Area. The potential exists for well water interference problems and the constraints of developing to urban standards around large lot, unserviced development would be similar to those experienced in Courtice. 10. 1.4 Official Plan policies serve to protect the rural land base by encouraging new residential development to locate within the hamlets and Urban Areas designated by the Plan. Estate residential development often occurs to the detriment of the long term viability of other rural land use activities . Although the subject site is not considered as prime agricultural lands and the Ministry of Agriculture and Food has indicated no objection, the site currently supports agricultural operations in the area and the Canada Land Investory for Agricultural Capability indicates the soils in the general vicinity as Class I . The proposed development would represent an intrusion into an area with significant agricultural potential and would encourage development pressure on other agricultural parcels. . . . 14 REPORT NO. : PD- 311-89 PAGE. . 14 10.2 The Official Plan requires the submission of an engineering report to determine the suitability of a site to provide private water and sewage disposal services, a landscape analysis, and an Environmental Impact Assessment for those areas of the site designated as environmentally sensitive. Although the Engineering Report states that the site appears suitable for development, additional investigation is recommended. As well, the Report does not adequately address the apparent presence of high water table conditions on the site. The Landscape Analysis is only preliminary and also recommends further detailed investigation to ensure development does not adversely impact the shallow ground water conditions . The environmental significance of the various components of the site has been well documented by C.L.O.C.A. However, an Environmental Impact Analysis as required by the Official Plan has not been submitted. In this regard, the potential impact of the proposed development on the site's sensitive environmental functions and any necessary mitigative measures has not been addressed in the submission of the subject development application. 10 . 3 The Town's Public Works Department and the Ministry of Natural Resources have both indicated the need for a comprehensive storm water management plan for the subject site. Given the sensitive environmental classification assigned by the Conservation Authority to the Lower Soper Creek Valley, it is imperative that such a study be prepared to demonstrate if and how water quality can be preserved. 10 .4 The applicant's consultant has indicated that the revised . . . 15 1 REPORT NO. : PD- 311-89 PAGE. 15 draft plan of subdivision recently submitted addresses environmental concerns as well as the treatment of storm water as expressed by the various commenting agencies. These agencies have not as of yet provided comments on the revised plan. 11. CONCLUSION 11. 1 The purpose of this report is to address the requirements of a Public Meeting pursuant to the requirements of the Planning Act. 11.2 In summary, the proposed Estate Residential Development is contrary to the policies of both the Regional Official Plan and the Regional Rural Review in respect of its scale and size, and its location immediately adjacent to the Bowmanville Urban Area. As well, Staff are not satisfied that the suitability of the site for the proposed development has been demonstrated by the technical studies submitted to date. As well, a storm water management plan and an Environmental Impact Analysis have yet to be submitted. Staff have considered the option of recommending that the subject applications be referred back to Staff to allow the applicant to complete all the required technical studies to justify the proposed development. However, given that the proposal is contrary to both the existing and proposed Rural Development Policies of the Regional Official Plan, Staff cannot support the principal of developing the subject lands for Estate Residential Development. It would be unreasonable to request the applicant to expend additional funds on further technical reports . . . 16 515 REPORT NO. : PD- 311 -89 PAGE. . 16 11. 3 It is therefore recommended that the subject Official Plan amendment, Subdivision and Rezoning application be denied. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I.P. Lawrence Kotseff Director of Planning & Development Chief Adimihistrative Officer JAS*DC*FW*df LIST OF PERSONS TO BE NOTIFIED OF COMMITTEE AND COUNCIL'S DECISION. G.M. Sernas & Associates Ltd. 110 Scotia Court, Unit 41, Whitby, Ontario. L1N 8Y7 Mr. Edward Bronton Darch R.R.#4, Bowmanville, Ontario. L1C 3K5 16 it �,��-=- \�' � �<�, •,, . ` ISM ••,. • / lii OF SUBDIMSiON -- PART OF LTB&9. Y / h ,, • ► /� 10-1 ZV ErN w� siV� }� WWArr W 1p HO Flo ATTACHMENT #2 SUBJECT SITE 12 11 10 9 8 7 .6 5 TAUNTON ROAD i d- A I Z 1 ' IVY 3 o 'A-�.a _ �. , w A EP w i v o Z w a 1 Al pwC 1 i 0 _ E _ . A�8 CONC. RD. 4 1 -� A cr- Z o w co a , j t ; 0 (f), AV i w 1 a Ac � EP 03 00 CONCESSION ROAD•3 0 m Soo l000m KEY MAP soom 00 Dev. 89-081 O.P.A. 89-61 /D X18 p;: �r..,�.,+^F^-.•=nzvm---.- I t i G�:GM1S a.y•f7:•'.C 6'•N--C�:-3��--%-_...�:':'Y.. v.t _ ]o.-.]o _ _----__ I I ..v 35 M ; Off, LZ O 16 E•14__.8P X.0 E \.i0"..._ „CI)T- •I \, i M BLOCK 90 / h 6 14 _ ' \' _� ,�'�'zPy .•I -X it -/ jf''� -n>...^ /7 ~•N /7 o.i - �: ` .v'� mil' u PROPOSED j3• i/ s51 z DRAFT PLAN co OF SUBDIVISION n ] / (`. /� / ! / e,., - - _ ;fi ✓':% _-.=_f--� I'.�I i,l U PAR7 OF LOT 8 k 9• Q �i .y��./ .�Q-i f' - ^•� 1 t9 12 I FI CONCESSION O �'�wA 3 .�- �4 n rte• ��: .�'�.'>..>I• f,��.! II' •� i� TOWN OF NEWCASTLE' I J S'T ••�• 29 "•20 ;. /: L I ' •• •• / REQWAL YU.C:PAUTY OF WF." 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