Video – Cobourg Residents Opposed to By-Law Amendment Allowing Land for Residential Use

A group of approximately 70 people gathered in opposition to the proposed zoning amendment to a lakeshore property in Cobourg.

The Zoning By-law Amendment Application proposes to introduce residential uses to the subject lands for future development proposals located at 117 Durham Street in Cobourg.

The zone will place emphasis on medium and high density residential uses to facilitate a mix of housing types. Any future development will be subject to additional Planning Act approvals to implement the proposal.

Katharine Spavins said the property has a long history with the town formerly used by CDCI West students, and is currently being used by the Saxons rugby organization along with area residents.

“It’s right by a environmentally sensitive area, the west beach, the ecology gardens and the west headlands.”

From Spavins years of experience being involved in heavy construction, including among other things roads, bridges and waste treatment plants,”this land is just not the right place for high density. It’s low lying, the sewer system doesn’t come here. It stops at Sydenham Street. They’d have to build a massive pumping station even to get rid of the sewage.”

Spavins said when the town did the environmental study the Town declared it’s use as “parkland” the assessment wasn’t performed to evaluate it to be developed or even check where the watertable is located.

In a letter to council, Spavins explained in-depth her reasons she is opposed to the amendment application including “serious emergency safety concerns.”

“Durham is a dead end street. It’s not a wide street. It’s a local road that is very narrow.”

Even if the town did widen it, due to the properties on both sides, “there is only so far they can widen it.”

Spavins said the town has already approved for Legion Village to double to 400 units with senior zoning removed.

If there was another development along Durham Street there could be up to 1,000 vehicles using the street.

“The neighbours just think it’s not going to be safe – it’s a disaster waiting to happen.”

President of Cobourg Saxons Rugby Club, Kyle Henderson said there area is a safe place for kids to play.

“We’ve used it for many years. We need space for kids to be able to play.”

Henderson said there is an area they are using now in the west end of Cobourg, but it’s difficult getting 260 players on one field. If the property on Durham Street is gone – he’s not sure what will happen.

“We don’t have an answer. I don’t know what to do or where to go.”

Last year the Saxons had 190 participants with 120 trying to use the Westwood Park field on a Friday night.

The group was able to use the property on Durham Street last year which helped immensely.

“But going forward I don’t know what we’re going to do.”

 

 

Letter to Council
To Town Council, Town Staff and Emergency Service Agencies regarding the proposed By-Law Amendment Application for 117 Durham Street.

I am opposed to the proposed Zoning By-law Amendment for 117 Durham Street Cobourg due to serious emergency safety concerns in the area.

I provided a written submission and spoke at the February 25, 2025 Town Council Meeting which focused on 3 serious concerns; safety, local traffic and sewage:

1) Safety of citizens during an Emergency.

The property is located at the end of a dead-end street with only one access road in and the same way out.

Proposed high density concentration in this location is a personal safety concern for all residents.

Vehicle access for Emergency Medical Service, Fire Department and Police is compromised.

2) Local traffic.

Legion Village on the East side of Durham opposite 117 Durham, received Planning approval to double the number of units to 400 in February 2025. Drawings submitted showed 2 new driveways entering onto Durham Street for a total of 3 driveways allowing access to Durham Street. At 1.5 parking spaces per 400 units approved requirement is 600 parking spaces, this number does not include additional staff parking.

During a conversation with the Mayor it is my understanding the intent is to build 6 eight storey, 2 and 3 bedroom, high income rental buildings on 117 Durham site, a suggested 250 units. 250 units requires 375 parking spaces.

This adds up to 975 vehicles using Durham Street daily to access residential units. Calculation does not include Legion Village staff, existing houses on Durham or citizen traffic and parking accessing the West Beach.

Durham Street is identified as a “Local Road” on Town Transportation Plan “A”. This new traffic would empty to other Local Roads in the West Heritage Stable Residential Neighbourhood that are a School Bus route. Local Roads are not designed or constructed to accommodate the traversing of this high volume of vehicles. A Traffic Study would bear this out.

3) Site elevation and soil conditions.

117 Durham’s site elevation is below the Town Sewer System and the Town Storm Water Drain System.

117 Durham property elevation cannot be raised due to pre-existing house elevations and grading on both Durham and Bagot Streets.

A Sewage Pumping Station is required to connect up to Town System.

Due to this extreme increase of capacity to the existing town sewer and waste water lines, will this cause sewer backup and overland flooding to the neighbouring houses?

This is costly infrastructure to service a development on this property. Will the citizens of Cobourg bear the substantial costs of this Infrastructure? Other locations in Cobourg demonstrate the developer has not paid for infrastructure. Will this Infrastructure result in an increase in Wastewater and Stormwater

Rates to all Cobourg tax payers?

The soil conditions on the site experience a very high water table which limit the depth of the build, the potential for below grade parking is limited or non existent even with significant investment in dewatering. Above grade impermeable parking will only exacerbate the water issues.

I acknowledge the need for housing and agree the Town should be approving housing developments.

Taking into consideration all of the issues listed above, this site is NOT an appropriate location for development. An alternative location that has direct access to the existing Town Sewer System and is not at the bottom of a dead end street should be considered.

This rush to deem this land as surplus to be sold off and push this high density approval through does not address the value for the property, the quality of life for all Cobourg residents or safety and congestion.

A coveted waterfront site such as this should be considered as part of the overall Town Waterfront Development Planning Process to develop a strategic, comprehensive longterm plan for the entire Waterfront including review of the boat storage area, the Marina building area, the Trailer Park, the Outdoor Pool, a parking lot on the south side of Charles.

This By-law Amendment needs to be voted against. A comprehensive Waterfront Review must be undertaken to assess best use of the site.

What else has transpired regarding the 117 Durham lands?

1. Councillor Miriam Mutton Submission at February 25, 2025 Meeting stated:
“The rezoning application is premature and possibly unnecessary”.

The current zoning already allows 3 storeys.

The Parks Master Plan and Recreation Plan updates are required to make an informed decision regarding 117 Durham.

Waterfront is considered jewel of Cobourg. There is no report of waterfront lands owned by Town of Cobourg, therefore waterfront lands should not be declared surplus and disposed of until this assessment is done.

Town of Cobourg Official Plan 2018 is relevant. No Official Plan Report or technical studies has been issued as is required.

The recommendations in the Cambiun Environmental Impact Study of January 2024 has not been addressed.

The subject Site is located in a Stable Residential Area. Are there adequate public parks in the area?

The site 117 Durham is not located with the required street access, fronting on an arterial or collector road. Durham is a local road.

2. At the regular council meeting held December 18, 2024 Councillor Mutton Made a Motion to Amend in regards to the disposal and sale of 117 Durham.

She proposed that prior to a decision to dispose of the lands that due process be followed. She stated “it is in the public interest of transparency and consideration of highest and best use of public lands that prior to a decision to dispose of lands due process is followed”.

Which members of Council agreed that transparency and due process should take place?

Voted YES, Councillor Miriam Mutton, Deputy Mayor Nicole Beatty and Councillor Aaron Burchart.

Voted NO, Councillor Randy Barber, Mayor Lucas Cleveland, Councillor Adam Bureau.

Councillor Bryan darling was absent.

Tie vote, Motion to Amend for transparency, best use of public lands and due process to be followed failed.

3. At the regular council meeting held December 18, 2024 a Staff Report from the Planning Director was submitted regarding 117 Durham.

The Property is currently designated Major Institutional and Environmental Constraint Area in the Town of Cobourg Official Plan. The Property is within the Ganaraska Region Conservation Authority (GRCA) Regulation Limits and is situated on the northern shoreline of Lake Ontario. The Town of Cobourg Zoning By-law designates the site as Open Space (OS) and Environmental Constraint (EC).

Did this Staff Report recommend high density development? NO!

“The entire parcel is approximately 5 acres; however, there appears to be +/- 3.4 acres that is developable. After a preliminary and high-level review of land use policy directions for the area and the site’s context, it appears the site could accommodate medium density residential development (townhouses, low-rise apartments with some limited ground-related residential units) – subject to approvals under the Planning Act, ie. Zoning By-law Amendment, Subdivision/Condominium approvals and Site Plan Approval. As the Town is the owner of the land, this provides a unique opportunity for the Town to influence how the land is used prior to its sale and disposal.”

To recap, the Staff Report suggests under 70% of the land is possibly developable and possibly with medium density residential.

So why is this Zoning By-law being proposed to increase the zoning to High Density? Is this willful ignorance of the facts provided in the Staff Report?

4. What else did the Staff Report from the Planning Director presented at the regular council meeting held December 18, 2024 say?

“Public Engagement:

On Tuesday, March 26, (2024) the Town of Cobourg held a Community Information session as a drop in from 5pm – 7pm. The purpose of the Open House was to provide residents with information regarding the objectives of the RFP and ways that the development project will address Cobourg’s housing crisis while maintaining the waterfront, boardwalk, and open spaces in public ownership. Staff received around eight (8) members of the public at the information session and two (2) members of Council.

Most of the comments were about parking, connectivity, open space and boardwalk preservation as well as the height of any proposed development.”

Well, I attended that meeting……

My comments were about the Dead End Street and only one access route in and out. My extreme concern about safety during an emergency situation.

I expressed concern about the volume of density between Legion Village and 117 Durham all at the base of a local residential area. Also about the volume of traffic to the local feeder roads which are a school bus route and don’t accommodate 2 way traffic and parking as it is.

I also expressed concern about the flooding that occurs at the base of Durham Street because there are no storm water drains or storm water sewer system at the low lying area.

I expressed concern about the number of paved impermeable parking spaces there would have to be between the two developments that would exacerbate the water drainage issues in the area.

I expressed concerns about the lack of Town Sewage infrastructure.

These are significant concerns. Why were these concerns omitted from the Staff Report?

Were there any Environmental Assessments done on 117 Durham that informed the Staff Report?

YES, at least three

Cambian Environmental Impact Study January 30, 2024

GHD Phase Two Environmental Assessment November 02, 2022

GHD Phase One Environmental Assessment 2022 prior to November.

So what do they say?

1. Cambian Environmental Impact Study January 30, 2024

Purpose of the Study: “The site is being considered for redevelopment of land which may include parkland market and affordable residential units and that the current study is required to establish the development limits. “

Speaks of 3 Communities, Community 3&2 are the beach and vegetated area including boardwalk and Community 1 is the sports field area.
Community 2&3 are acknowledged as wildlife and endangered species habitats and require protection

“Only Community 1 can be used for development purposes.” During any potential construction mitigation measures and best practice management must be enforced. Including, but not limited to perimeter sediment fencing be installed around the entire construction area, site shut down in the event of endangered wildlife being located potentially from May 15 to October 15.

2. GHD Phase Two Environmental Assessment November 02, 2022

Purpose of the Assessment was to test the soil and groundwater quality and a Phase Two Assessment was required due to contaminants found during Phase One.

The GHD Assessment was performed based on the future use being declared as “remaining as Parkland”. The Assessment compared the soil and water quality to the “Table 9

Standards for RPIICC property use.”

Groundwater elevations were not assessed in the investigation as not relevant to “Parkland”.

Groundwater concentrations are less than the Table 9 Standards for all property uses from the locations and parameters tested including metals, PAHs, PHCs and VOCs.

Soil assessment, there is one area that exceeded the Table 9 Standards for RPIICC property use for various metals including antimony, lead, mercury, and molybdenum; Further work would be required to further delineate the extent of the soil impacted with metals at BH-22-1.

All other soil concentrations from the locations tested are less than the Table 9 Standards for RPIICC property use for the parameters tested including metals, PAHs, PHCs and VOCs;

Is a new Environmental Assessment required to be performed to evaluate the site for a use of “development”?

So upon review of the timeline of these Environmental Reports questions result.

What transpired that the Town Council and Planning Department changed direction for the use of the field from “Parkland” in November 2022 to “being considering for development” in November 2023 to issuing an RFP for development in February 2024?

Why did this happen and what is the basis for this decision?

What public consultation was used to inform this decision?

What criteria and process was followed?

Are there any Reports or Studies on recommended uses for this land?

YES

Cobourg Waterfront User Needs Assessment and Detailed Design 2018

It states ”publicly owned waterfront should remain in the public realm”. (see pages 31-41)

This report was made prior to the Town purchasing the site.

1.8 Former School Track and Field – Waterfront Goals: 9, 12

Remove fencing and integrate property with west beach

Provide pathway connection across south end of property

Engage school board and community in process specific to future use of site to reintegrate into the larger community

What are Goals 9 & 12 of the Waterfront Assessment Study that apply to 117 Durham?
Goal 9. The waterfront is a unique, limited resource that should be devoted to uses that are appropriate to and compatible with it, and recognize the imperative of environmental stewardship.

Considerable progress has already been made in this regard, given what Cobourg’s waterfront was only thirty years ago.

Opportunities to enhance the waterfront through appropriate uses, preservation of public access, and views to and from the water, should be a focus of future waterfront planning.

Further, every opportunity to integrate environmental planning initiatives into waterfront improvements – such as low impact development – should be considered as part of the design and implementation process.

Goal 12. Access to, and use of, the waterfront should be expanded and enhanced with a strong orientation to the future.

Cobourg’s waterfront is evolving as the community’s expectations and needs change.

As a long-term commitment, this plan must anticipate the changing demographics of the community, and consider both current users and future generations of users.

Should we be relieved that the proposed By-Law amendment for 117 Durham states “Any future development will be subject to additional Planning Act approvals to implement the proposal.” ?

What is the reality of this Planning Approval Process?

Let us use the example from February 2024 with Legion Village? How did that process play out? Were citizens’ concerns taken into account or were the Developer’s requests rubber stamped?

A hearing was held by the Committee of Adjustments on Tuesday, February 20, 2024 in regards to the “Minor Variance Application” for Legion Village at the base of the same Durham Street.

The purpose of the application is to seek relief from:

Section 11.2.2.3(i) to increase the maximum permitted number of dwelling units from 172 units for the elderly and disabled and 32 hostel dwelling units to a maximum of 400 dwelling units, regardless of type;

Section 11.2.2.3(iii) to increase the permitted maximum height from four (4) storeys to five (5) storeys;

Section 11.2.2.3(iii) to decrease the landscaped open space from the existing 65% to 42%; and,

Section 11.1.7(i) to increase the maximum net density of 100 units per net hectare to 150 units per net hectare.

Citizens in the area submitted three comprehensive letters documenting numerous concerns to the Committee signed by 42 citizens. In excess of 20 citizens attended the Planning Department Minor Variance Meeting with many written and verbal submissions in objection.

What were they objecting to?

The 42 citizens stated the same emergency safety and traffic concerns that are still applicable to the dead end street.

They requested a traffic study be done.

They questioned the plan with 5 storeys directly adjacent to the Ecology Garden and the boardwalk.

It was questioned whether this substantive change application was applicable as a “Minor Variance”, typically used if you want your deck to be 2’ wider than allowed as example.

Based on the Town Planners’ recommendations the Committee’s decision approved a Minor Variance to remove the requirement for legion village to be zoned exclusively for senior citizens and disabled. It is now unrestricted use.

They increased the number of units by almost double to 400 multi bedroom units.

The drawings indicated 3 driveways onto Durham Street, the local road.

And most disturbing to the 42 citizens’ concerns was, they even refused to add a requirement for a traffic study to be done.

The Minor Variance Request by the Developer was Approved 100% as requested with NO changes. The 42 citizen’s concerns, objections and requests were completely ignored during the Planning Review.

So No, the fact that this proposed bylaw amendment for 117 Durham states it is conditional on Planning Act Approvals does nothing to assure us that due process will occur.

Any other recent activity regarding Cobourg Waterfront?

1. Waterfront Nature Park

At the February 26, 2025 regular council meeting a Waterfront Nature Park Task Force was approved.

The existing Waterfront Nature Park include the West Headland, the West Beach and the Ecology Garden.

The Task Force mandate is to:

1. Encourage the participation and education of the general public in the stewardship of the area, specifically best practices to preserve the naturalized area

2. Implement and guide restoration of the area in ways which are environmentally sustainable and accessible

3. Address related matters which may be identified from time to time by the general public, Council, Task Force or Town staff, including input on a future Master Waterfront District Plan

The Task Force will identify and recommend actions to fulfill the following goals and objectives:

1. Undertake research and recommend initiatives that promote the Waterfront Nature Park area

2. Identify where expert opinion is warranted

3. Pursue opportunities to provide advice on recommendations to Council regarding the promotion, advocacy and awareness of matters involving the Waterfront Nature Park and area, including its role in relation to the harbour

4. Identify designs, including timeline and budget, for future projects that promote the preservation and enjoyment of the natural area, and, guide repair along the lines of environmental sustainability and accessibility

5. Undertake initiatives which will help raise the profile of the Waterfront Nature Park area with due regard to the environmentally sensitive nature of the area

6. Report regularly to Council with the assistance of Staff through various methods including meeting minutes, written reports and periodic presentations to Council documenting the Task Force activities and accomplishments during its mandate

This is a great example of the Town of Cobourg Council’s forward thinking regarding the Waterfront.

2. Mayor’s speech March 4, 2025 referencing Federal funding for Cobourg’s harbour and Monk’s Cove waterfront.

“The harbour and Monk’s Cove area are two of our most cherished landmarks here in Cobourg. They are a place where our residents go to sit and reflect as they appreciate nature…where generations have learned to sail and where we have greeted guests to our community for hundreds of years.

Once a major shipping port, Cobourg’s historic harbour led to the growth and vitality of our community.

Thanks to the courageous efforts of previous Council’s, Cobourg saw the transformation of our harbour from a shipping port to a stunning tourism destination.”

“Cobourg’s harbour is as important to our local sense of identity as it is to our economic strength. The Disaster Mitigation and Adaptation Funding is essential for sustaining this jewel in our community.”

Pleased to hear the Mayor stress the importance of Cobourg Waterfront features. 117 Durham is Town owned waterfront land at the Cobourg West Beach. All of Cobourg’s waterfront makes up the “jewel”. Do we want to go backwards from previous Council’s vision in the transformation or move forward to enhance our waterfront assets?

In conclusion, a coveted waterfront site such as this should not just be sold off. It’s best use should be considered as part of the overall Town Waterfront Development Planning Process to develop a strategic, comprehensive longterm plan for the entire Waterfront including review of 117 Durham lands, the boat storage area, the Marina building area, the Trailer Park, the Outdoor Pool, the parking lot on the south side of Charles.

I strongly urge this By-law Amendment be defeated, I am opposed to it.

Please insure that this e-mail is registered as a matter of public record. I request being added to the list of persons who would like to receive further notice of this item.

Katharine Spavins