HomeMy WebLinkAboutPD-23-93 I~1 COPOHA1°IOP# O ~°H °T ~J~1 OF RtCAB°fL.
DN: COURTICE.GPA
P U B L I C M E E T I N G ~~'~`~'~°~~CCj`~~~~ ~»7
~~"1. ~ c~~ 1"~
Meeting: General Purpose and Administration Committee ~iie# ~ ~~r,~~1,~,~~(.),~`~
Date. Monday, February 1, 1993 He~• pA'
PD-23-93 DEV 92-033 ~y-Levu #
~eport~~ ~Aie °---°°>h ~.E,:: 18T-92014, NPA 92-02/CN & OPA 92-N/007
Stablect~ REZONING APPLICATION AND PLAN OF SUBDIVISION
COURTICE HEIGHTS DEVELOPMENTS
PART LOT 27, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON
FILE: DEV 92-033 (X-REF: 18T-92014, NPA 92-02/CN &
OPA 92-N/007)
a_ _
Recorn~ati~r~~:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-23-93 be received;
2. THAT the proposed Plan of Subdivision 18T-92014 be DENIED
WITHOUT PREJUDICE AS PREMATURE;
3. THAT the application to amend the Town of Newcastle
Comprehensive Zoning By-law 84-63, as amended, submitted by
WDM Consultants be DENIED, WITHOUT PREJUDICE, AS PREMATURE;
4. THAT a copy of this Report and Council's decision be forwarded
to the Region of Durham Planning Department; and
5_. THAT __+-.he _.:nterested parties listed in this_ report __and _ any
--- ----
delegation be advised of Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: Claret Investments Ltd. and Rexgate Holdings
Ltd. (Courtice Heights Developments)
1.2 Agent: WDM Consultants
1.3 Subdivision: 95 single detached units, 28 semi-detached
units and 23 townhouse units, for a total of_
146 units, with blocks for future development.
....2
~
~~t,j ° ~ e
T1VI5 IS VFlItRED i.,..,~GYCLED PAPCR
REPORT NO. PD-23-93 PAGE 2
.
1.4 Rezoning: from "Agricultural (A)" and "Environmental
Protection (EP)" to an appropriate zone or
zones to implement the above proposed
development.
1.5 Area: 10.4175 ha (25.74 acres)
2. LOCATION
2.1 Legal Description:
Part Lot 27, Concession 3, former Township of Darlington
2.2 Relative Location:
The subject lands are predominantly located on the
western portion of Lot 27, Concession 3, with frontage
onto both Nash and Hancock Roads (see Attachment #1).
3. BACKGROUND
3.1 In June of 1992, the Town of Newcastle Planning and
Development Department was advised by the Region of Durham of
an application--for:::appr-:ova-1of a-plan of--subdivision ..submitted........
by WDM Consultants. On June 17, 1992, WDM Consultants also
filed an application for rezoning with the municipality to
amend the Town of Newcastle Comprehensive Zoning By-law 84-63
in order to implement the proposed plan of subdivision (see
Attachment #2)•
3.2 The subject property falls within Courtice North Neighbourhood
3C. On April 13, 1992, the applicant filed applications with
the Town of Newcastle .Planning and Development. Department for
a Neighbourhood Plan Amendment and an Official Plan Amendment
for Neighbourhood 3C. The applications for Neighbourhood
Plan Amendment and Official Plan Amendment are being addressed
separately under Planning Report number PD-22-93.
....3
REPORT NO. PD-23-93 PAGE 3
4. PUBLIC NOTICE
4.1 In accordance with the Town's procedures and the requirements
of the Planning Act, written notice was given as follows:
• the appropriate signage acknowledging all applications
was installed on the subject lands;
• written notice was circulated to all property owners
falling within Courtice North Neighbourhood 3C and to
those within a 120 metre radius surrounding the whole
site; and
• a Public Meeting notice was also published in the
appropriate newspapers on January 6, 1993.
4.2 At the time of mailing of the Notice of Public Meeting the
assessment rolls did not show property addresses for a number
of newer homes in the neighbourhood. The year-end 1992
assessment information has since been received and additional
property owners were notified the week of January 21, 1993.
4.3 As of the writing of this report the following public
enq-u--res havA haen -received~~~ Gtaff
i) three residents have made enquiries questioning the
proposed changes to the Hazard Lands area, with mention
being made of how the potential alteration to the natural
ecosystem may affect the existing subdivision development
south of Nash Road, concern also being expressed about
the clearing of woodlots, as well as the proposed
increase in population density
ii) a petition was submitted to the Clerk's department signed
by 34 area residents, which specifically identified
environmental issues such as water retention, soil
erosion and oxygen production, as well as expressing
concerns with increasing density and the removal of tree
cover from the applicant's lands ....4
r')
REPORT NO. PD-23-93 PAGE 4
5 LAND USES
5.1 Existing Uses: fallow farm land
5.2 Surrounding Uses:
North - Woodlot
South - Residential
East - strip residential development and Hancock Rd.
West - woodlots and strip residential development
6 OFFICIAL PLAN POLICIES
6.1 Within the current 1976 Durham Region Official Plan the
subject neighbourhood is designated "Residential" with
indications of "Environmentally Sensitive Areas". Lands
designated "Residential" shall be primarily for housing
purposes. The "Environmentally Sensitive Areas" are so
designated for their environmental and biological sensitivity.
Section 1.2.1 b) of the Durham Region Official Plan states
that:
"environmentally sensitive areas refer to those natural
landscapes including those lands and/or watercourses of
inherent biological sensitivity, such"as those areas
containing aquifer recharges, ..vital ecological
functions, ..or other combinations of habitat and
landform which could be essential for scientific research
or conservation education"
6.2 Within the 1991 Council adopted Durham Region Official Plan
the subject property is designated "Living Area" with
indications of "Environmentally Sensitive Areas". Lands
designated "Living Area" shall be primarily for housing
purposes. The "Environmentally Sensitive Areas" have been
identified to ensure the preservation, conservation or
enhancement of its deemed valuable ecological functions.
....5
REPORT NO. PD-23-93 PAGE S
6.3 Within the Town of Newcastle Official Plan the subject
property falls within the Courtice Major Urban Area and is
designated "Residential" with indications of Hazard Lands".
Schedule 6-2 of the Town of Newcastle Official Plan identifies
environmentally sensitive areas. Section 6.4.2 (i) of the
Official Plan states that lands so identified
"shall be examined through the preparation of an
Environmental Impact Analysis to be conducted by the Town
of Newcastle...to the satisfaction of the Town of
Newcastle, the Region of Durham, the Central Lake Ontario
Conservation Authority and the Ministry of Natural
Resources."
6.4 Section 6.1.2 iii (a) of the Town of Newcastle Official Plan
states that Neighbourhood Plans shall be prepared for the
Courtice Urban Area's residential neighbourhood. Such plans
have been prepared for all of Courtice's neighbourhoods with
the exception of the northerly portion of Courtice North
Neighbourhood 3C, the location of this application under
_ _c_onsideration , (see Attachment-.. #3.)_.. -Section 6. 1. 2 iii (b)__
stipulates that Neighbourhood Development Plans shall be
prepared and approved by Town Council "prior to approval of
plans of subdivision".
7 AGENCY COMMENTS
7.1 In accordance with departmental procedures the application was
circulated to obtain comments from other departments and
agencies. The following departments/agencies, in providing
comments, .offered no objection to the application as filed:
Regional Health Department
Ministry of Agriculture and Food
Ministry of Culture and Communications
Ministry of Transportation
....6
r~~
REPORT NO. PD-23-93 PAGE 6
7.2 The Town of Newcastle Community Services Department notes this
application is within a neighbourhood which has not been
identified in the Development Charges Study and, therefore, is
considered by the Department to be "premature".
7.3 The Town of Newcastle Fire Department states that the area can
be served by the existing fire-fighting facilities and
recommends that "roads and adequate water for fire fighting
purposes be in conformity with the Ontario Building Code prior
to any permits being issued".
7.4 The Town of Newcastle Public Works Department "cannot support
the approval" of this applications based on the following
comments:
i) the neighbourhood plan should address the sequential
development of the neighbourhood (entire watershed) and
the impacts of developing this plan of subdivision in the
absence of the balance of the neighbourhood
ii) -°servcng-of this-proposedrequ-ices-the -reconstruction of -
Nash and Hancock roads, including the installation of
storm sewers, sidewalks and street lighting
iii) the development should only proceed at such a time as
expenditures to provide these services are approved by
the Town
iv) the reconstruction of Hancock Road has not been included
in the Town's Development Charges Study
v) all proposed works are to be designed in accordance with
the Town of Newcastle Design Criteria and Standard
Drawings, with the following items being taken into
consideration:
y .
REPORT NO. PD-23-93 PAGE 7,
a) minimum road radii
b) minimum separation between intersections
c) all collector roads should run continuously
In summary, the Department states that the applications for
rezoning and subdivision approval should not proceed until a
"neighbourhood plan has been approved:
7.5 Ontario Hydro had no objection to the proposal subject to the
fulfilment of standard requirements for subdivision approval.
7.6 The Northumberland and Newcastle Board of Education have
determined that 47 students would be generated as a result of
this proposal. They have requested that sidewalks on interior
roads and Nash Roads be provided, and that the development not
proceed "prior to approval for the subdivision to the north,
which contains a school site". It is noted that the school
board comments on the neighbourhood plan requested a more
central site.
7.7 Comments from the Central Lake Ontario Conservation Authority
(CLOCA) specifically reference the policies of the Town of
Newcastle and Durham Region, which require the submission of
a suitable Environmental Impact Analysis before development
can proceed. Until the study is finalized, and a
Neighbourhood Development Plan is in place, CLOCA considers
the proposal to be "premature".
7.8 In reviewing the applications, the Ministry of Natural
Resources has deemed the project to be "premature" based on
the lack of a suitable environmental impact assessment. The
Ministry has noted that the proposal falls within the boundary
....8
`~36
REPORT NO. PD-23-93 PAGE 8
of the Courtice North Environmental Impact Study Area and as
such an Environmental Impact Study (EIS) is required by Durham
Region. Although the applicant has submitted a Preliminary
Environmental Overview Assessment, "it will not substitute for
the EIS required by the Region". Until such a study is
completed the Ministry is not able to complete a comprehensive
review and provide the appropriate comments.
7.9 As of the writing of this report comments remain outstanding
from the following departments and agencies:
Region Of Durham Planning Department
Region of Durham Public Works Department
Ministry of the Environment
Separate School Board, and
Bell Canada
8. STAFF COMMENTS:
8.1 Section 9.2 of Planning Report PD-22-93 addresses the findings
of an Environmental Impact Analysis (EIA) prepared in 1981 for
the Court-ice--North-Urban Area Tha-t study dent-f ies-most of
the applicant's lands as a Special Policy Area, with some
lands shown as an Environmental/Hazard Area (see Attachment
#4). The Special Policy Areas were so identified because the
impact of the development on the shallow water table was
unknown. The applicant's hydrogeological and environment
consultants addressed this matter but the Ministry of Natural
Resources, CLOCA and the Region consider the work insufficient
to constitute an environmental impact analysis as required
under the 1991 Durham Region Official Plan. The applicant is
contributing to the funding of a more comprehensive study for
the entire Courtice North area.
8.2 The 1991 Council-approved Town of Newcastle Development
....9
J
REPORT NO. PD-23-93 PAGE 9_
Charges Policy Report incorporated a 10 year capital works
forecast for the municipality's growth. As noted by both the
Community Services Department and the Public Works Department,
funds have not been allotted for the development of external
services and parks required for Neighbourhood 3C north of Nash
Road.
8.3 At the present time, there are a large number of lots or
projects within the Town ready or approved for residential
development. As of January 1, 1993, the status of lots was as
follows:
Courtice Total Newcastle
Lots fully serviced ready
for building permit 507 1148
Draft Approved lots with
approved engineering 0 231
Draft Approved Lots 505 5089
Sub Total Approved 1012 6468
Lots seeking Draft Approval
which conform to the Official Plan 1894 2907
Lots seeking Draft Approval
which do not conform to the
Official Plan 1509 7913
Total 4415 17228
The applicant's proposal falls into the last category.
8.4 The Provincial Policy Statement on Land Use Planning for
Housing requires that a three (3) year supply of draft
approved residential lots be maintained by the municipality.
Over the last three years, an average of 675 new homes have
been started annually whereas a more "optimistic" 1990
....10
.J J
REPORT NO. PD-23-93 PAGE 10,
Regional population forecast projected an average of 1075 new
households per annum between 1991 and 1996. Utilizing the
above, it would appear that the Town has a 6 to 9 year supply
of draft approved lots.
8.5 Consideration of a plan of subdivision substantially prior to
the time one can expect actual construction, commits the
municipality into a very specific land use, road pattern and
site servicing schemes which cannot be subsequently adapted to
changing circumstances and policies. For example, updated
environmental regulations, changes to the Planning Act, or a
subsequent update of the Recreation/Leisure Services Master
Plan (probably 1996 or shortly thereafter) would be prejudiced
by a decision on the plan of subdivision made substantively
prior to expectation of actual development.
8.6 The Provincial Policy Statement on Land Use Planning for
Housing also requires municipalities to reduce the time to
process applications. Given that the necessary public works
- --for Court°ce Northne-ghbourhood 3G- (nor-th -of Nash ..Road) - are___ -__-
not included in the 10 year capital works forecast contained
in the Town Lot Development Charge Policy Report, and that
this area is subject to environmental and planning studies, it
is Staff's opinion that the Town will not be in a position to
consider this application until the above noted items have
been resolved. A streamlined planning approval system needs
to deal with applications which are .clearly premature to
enable staff to process the other applications more
efficiently. As a result, it is recommended that the
application for plan of subdivision and rezoning be DENIED
without prejudice as being premature. This action does not
preclude the submission of a new application in the future.
....11
_ Air,
REPORT N0. PD-23-93 PAGE 11,
9 CONCLUSION
9.1 The applicant's proposal is:
• not considered within the Town's Development Charge
Policy Report.
• subject to an environmental impact analysis and planning
studies for the northerly portion of Courtice
• not required to meet the provincial requirements for a
three year supply of draft approved lots
• would commit the Town to a very specific land use, road
and site servicing, and prejudice the implementation of
future policies and regulations
In the view of providing a timely decision, it is recommended
that the applications be DENIED without prejudice on the basis
of prematurity.
Respectfully submitted, Recommended for presentation
to the Committee
~
o ~
--- - 3
_ -
-~ ~r~ankl'4V~~, M.C. ~`awrence E. Kot e~~f
Director of Planning Chief Administr t~ve
and Development Officer
IW*DC*FW*cc
*Attach
26 January 1993
Ron Sheradon Lesley Roger
3700 Hancock Road, John Bousfield Assoc.
Courtice, Ont. L1E 2M1 219 Front Street E.,
Toronto, Ont. M5A 1E8
Christina Rose
3212 Hancock Road North, WDM Consultants
Courtice, Ont. LlE 2M1 20 Clematis Road
Willowdale, Ont. M2J 4X2
Pam Callus
.3452 Hancock Road, Libby Racansky
Courtice, Ont. LlE 216 3200 Hancock Road,
Courtice, Ont. LlE 2M1
Attachment # 1
LOT 29 LOT 28 LOT 27
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o~~d Application N~=OPA 92-N/007, NPA 92-02/CN (Courtice Heights Dev )
Application N°- =NPA 91-01 / CN (874279 Ontario Inc. )
Application N°-= DEV. 92-033,18T-9204 (Courtice Heights Dev. )
- X41
Attachment ~ 2'
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Tr-w w a~ w a«w-~" }L~J~ Resldentlal Seml-detached 0.962
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EXISTING NEIGHBOURHOOD PLAN Attachment ~ 3
LANDS SUBJECT
TO FURTHER AMENDMENT
TO THE NEIGHBOURHOOD
DEVELOPMENT PLAN
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COURTICE NORTH NEIGHBOURHOOD 3C ~ •
LAND USE STRUCTURE PLAN ,a~-~"'"
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MEDIUM DENSITY RESIDENTIAL ~ PEDESTRIAN /BICYCLE
MAX. UNITS PER NET HECTARE 4 PATHWAY ~ ~ ~ ~ ~ ~ ~
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MAJUK UNtIV JNAC~t ~ : • : • : • : I •
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- 4 5
1981 ENVIRONMENTAL IMPACT ANALYSIS Attachment ~4
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