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.
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BOWMANVILLE URBAN AREA BOUNDARY _
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PROPOSED URBAN RESIDENTIAL