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HomeMy WebLinkAboutPD-24-93 `f ~°Ff GOHAT"B O I~1 T'OYiC~I OF GST'L DN: WYN.GPA ivTeeteng: PUBLIC MEETING ~lC>~~ ~ ~ `j , C' 'cam General Purpose and Administration Committee ~iie Date: Monday, February 1, 1993 ~ _ bc>>9 ~ E3y-Levu F~eport pn-~a-~"~ FiCe tspa a ~ -01/CN Subject: NEIGHBOURHOOD PLAN AMENDMENT APPLICATION - FILE: 91-01/CN APPLICANT: WYNDLAND CONSULTANTS LTD. (874279 ONT. INC.) PART LOT 28, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON (1788 NASH ROAD) .- ~~ornr~e?~datio~: 1. THAT Report PD-24-93 be received. 2. THAT Neighbourhood Plan Amendment NPA 91-01/CN be considered within the context of the Town of Newcastle Official Plan Review and be referred back to Staff to be considered in the context of the Town of Newcastle Official Plan Review. 3. THAT the applicant, delegations and persons listed in this report, be notified of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Wyndland Consultants Ltd. 1.2 Owner: 874279 Ontario Inc. 13 _N:P.A=: - _ _ Fr-om: no current- desgnat=i-or,- --- -- - -- --- -- To: appropriate to permit proposed use for a thirty-three (33) lot residential subdivision 1.4 Areas: 3.75 ha (9.26 acres) 2. LOCATION 2.1 The subject property is located on Lot 28, Concession 3, in the former Township of Darlington. The municipal address of the site is 1778 Nash Road (see Attachment #1). 3. BACKGROUND 3.1 On January 30, 1991, the Town of Newcastle Planning and Development Department received an application submitted by 874279 Ontario Inc. , to amend the Neighbourhood Plan to permit FJ~ PA~ ER ~ R~GY~« J}{IS IS PRINfEO ON REGYGIED PFl PER REPORT NO.: PD-24-93 PAGE 2 a thirty-three (33) lot residential subdivision (see Attachment #3). 4. EXISTING AND SURROUNDING USES 4.1 Existing Use: Existing Single Dwelling Unit with Garage 4.2 Surrounding Uses: North - Existing Agricultural South - Nash Road East - Vacant West - Existing Residential 5. OFFICIAL PLAN POLICIES 5.1 The current 1976 Durham Region Official Plan designates the lands of the subject site as predominantly "Residential" with indications of "Environmentally Sensitive Areas" and "Hazard Lands". Lands designated "Residential" shall be used primarily for housing purposes. The "Environmentally Sensitive Areas" and "Hazard Lands" are so designated for their environmental and biological sensitivity. Section 1.2.1. b) of the 1976 ,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"; Hazard lands are defined under Section 1.2.2 c) as referring to: "lands having physical characteristics such as poor drainage, swamps, organic soils, flood and erosion susceptibility, steep ~~46 REPORT NO.: PD-24-93 PAGE 3 slopes, instability or any other physical condition which could cause property damage, loss of life or damage to the environment if developed upon." 5.2 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 used primarily for housing purposes. The "Environmentally Sensitive Areas" have been identified to ensure the preservation, conservation or enhancement of its deemed valuable ecological functions. 5.3 The Town of Newcastle Official Plan designates most of the site as "Residential Area" with an indication of "Hazard lands". 5.4 Schedule 6-2 of the Town of Newcastle Official Plan identifies environmentally sensitive areas. The subject property has indications of 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. 5.5 In 1981 the Town of Newcastle commissioned an environmental impact analysis for the Courtice Urban Area. Its findings are discussed in Section 8.1 of this report. 5.6 Section 6.1.2 iii(a) of the Town of Newcastle Official Plan requires that Neighbourhood Development Plans be prepared and approved by Council prior to the approval of plans of subdivision. The neighbourhood planning study must clearly identify how the subject site is a logical expression in the development of the urban area and includes such items as - `t / REPORT NO.; PD-24-93 PAGE 4 detailed land uses, housing mix, transportation and servicing information. The completion of a Neighbourhood Plan would be undertaken on a comprehensive basis that would enable a site specific application to be considered. 5.7 Neighbourhood Development Plans may identify specific policies related to the development of each neighbourhood and shall indicate such matters as: • overall population levels based on the roads and service infra-structure and the environmental sensitivity of the land; • the location and residential density of specific land blocks; • the location and areas of schools, open space, parks, recreation facilities, conservation lands and convenience commercial facilities; ~- -------the~oa-~-a1_gnm-e_nt~~-far-t-era_la-nano--1_?-?r-ter r--o-a_ds and the general location of local roads;.and • the provision of adequate buffering, screen planting and/or fencing between residential uses of different densities and between varying land uses. 6. PUBLIC NOTICE 6.1 In accordance with the Town's procedures, the appropriate signage acknowledging the application was installed on the subject lands, and written notice was circulated to property owners within 120 metres of the subject site. A Public Meeting Notice was also published in the appropriate newspapers on January 6, 1993. -- REPORT NO.: PD-24-93 PAGE 5 6.2 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. 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: • Separate School Board • Ontario Hydro 7.2 The Town of Newcastle Community Services Department has requested the applicant to provide 5% cash-in-lieu of parkland with the funds being credited to the Park Reserve account. Community Services requires the applicant to resolve the environmental protection concerns and to submit a tree preservation study. 7.3 The Town of Newcastle Fire Department stated that the site falls within the response area of Station No.5 on Trulls Road in Courtice. It is expected that lot levies will help offset the costs of ensuring an adequate level of service given the growth and expansion in the Courtice area. "7.4 The Town of Newcastle Public Works Department objected to the proposal. They recommended that the development not proceed until a number of items have been dealt with to the satisfaction of the Director of Public Works. These items include: • Street 'B' must be revised to provide a minimum 90.0 m radius for horizontal. curves; _ r)`tC~ REPORT NO.: PD-24-93 PAGE 6 • A site servicing report is required; • A storm water management plan must be submitted. The plan must conform to the recommendations and guidelines of the Black Creek Master Drainage Study; • The plan must be revised to indicate a full cul-de-sac at the east end of Street 'A'; and, • Street 'B' must have a straight tangent runout of 25 m at both the north and south ends. Once these items have been dealt with, a number of standard conditions will be imposed. 7.5 The Ministry of Natural Resources stated that since the subject property was traversed by an intermittent tributary of Black Creek, it should be protected against degradation as a result of development activity. As conditions of draft approval for a subsequent plan of subdivision, the applicant will need to prepare and implement an acceptable erosion, sedimentation and stormwater control plan. 7.6 The Public School Board offered no objection, but noted that the Board will require sidewalks on Nash Road and on interior roads. 7.7 Regional Planning Department offered the following comments on this proposal and the Courtice:Heights proposal: • both the 1976 and 1991 Regional Official Plans encourage applications to have a diversity of housing types, sizes, and tenure which is not the case for the application submitted by 874279 Ontario Inc.; • the Town may wish to investigate the possibility of promoting a wide variety of housing types and mixed uses along arterial roads (i.e., Nash Road and Courtice Road); - REPORT NO.; PD-24-93 PAGE 7 • the Planning Department suggests that information be provided to demonstrate how the implementation of the Neighbourhood Plan will fulfil the objectives of the Provincial Policy Statement on Land Use Planning for Housing; • consider how the road system could more effectively promote a grid pattern of roads; • the subject lands are located within or near the area of North Courtice that is subject to the preparation of an Environmental Impact Study. 7.8 The Regional Works Department indicated that they have no objection to further processing the application but noted the following comments: • this proposal and that of Courtice Heights Development, calls for significant increases in densities and Cher-efore each plan - or submission w-ill have to - be examined on an individual basis as far as specific servicing requirements are concerned; • the subject property can be serviced with municipal water and sanitary sewer with minor extensions of the existing systems; • Regional Works requests that a 3 m wide road widening be requested by the Town of Newcastle on the Regions behalf, where this development abuts the future Regional Road (Nash Road). 7.9 Comments remain outstanding from the Central Lake Ontario Conservation Authority. - 51 REPORT NO.; PD-24-93 PAGE 8 8. STAFF COMMENTS 8.1 In response to policies in the 1976 Regional Official Plan and the Town's Official Plan, an "Environmental Impact Analysis (EIA)" was prepared in 1981 for the Courtice Urban Area which identifies Courtice North Neighbourhood 3C as being environmentally fragile (see Attachment #4). The study recommended four different zones of development based on the environmental constraints of the area and the pre-existing residential designation in the Official Plan: Residential Areas This classification has been assigned to a portion of lands south of Nash Road and to a strip running northward along Courtice Road. Open Space Areas Development in the Open Space Areas, which "relate mainly to forested headwaters areas of the numerous feeder streams and to areas possessing unusual biological attributes", is recommended to-pro-ce,ed as estate residential lots on 1 to 2 hectare parcels, in the interests of preserving as much of the natural habitat as possible. Environment/Hazard Areas The Environment/Hazard Areas refer to sites which "convey drainage, are flood prone, provide wildlife habitat and movement corridors, contribute base flow and support rare or uncommon vegetation associations". Preservation of these areas is recommended due to the environmental functions they serve. Sensitive storm water management, along with proper setbacks from environmentally fragile areas, should allow the areas which are recommended as Residential to develop responsibly. ~1 f_p ~ L_ REPORT NO.: PD-24-93 PAGE 9 Special Policy Areas Special Policy Areas "relate solely to those portions of the sand or till plain characterized by shallow water table conditions". The EIA states that the effects of lowering the water table were not known at the time of the study and articulates that more work is required to "determine the area of influence and effects on surface water hydrology and quality". The Analysis recommends that hydrogeological aspects be addressed to the Town's satisfaction before development is permitted to proceed at an environmentally sensitive density. 8.2 According to the planning concept from the Environmental Impact Analysis, the subject property of 874279 Ontario Inc., has areas recommended as both environment/hazard and special policy. The existing Official Plan's Hazard Lands designations which were established before 1981 were based on limited information. The EIA indicated that additional Hazard Lands should be incorporated. Accordingly, each of the - ---t~ihuta~-es to- th-e -B-Lack C-reek--sho-u=l=dbe -p=r-otected- with-the------------ Hazard Lands designation. As noted by the Ministry of Natural Resources, the subject property is traversed by an intermittent tributary of Black Creek which it states should be protected against degradation. 8.3 Section 2.3.14 of the new Regional Official Plan requires a comprehensive environmental impact analysis before development can proceed in the Courtice North urban area. The Region of Durham Planning Department in co-operation with the Ministry of Natural Resources, Central Lake Ontario Conservation Authority and Town Staff, is undertaking a study for the entire north Courtice area including the property of 874279 REPORT NO.; PD-24-93 PAGE 10 Ontario Inc. The Regional Planning Department has indicated that they cannot consider the proposed neighbourhood application submitted by 874279 Ontario Inc., until the study is completed. 8.4 The neighbourhood plan amendment submitted by 874279 Ontario Inc., is for a site that is part of a larger neighbourhood planning study area. Due to the substantial requirements for a neighbourhood plan, including an environmental impact analysis, the subject site cannot be dealt with in isolation from the remaining study area. A neighbourhood planning study has been undertaken by consultants for Courtice Heights Development. These documents are being reviewed by Staff and it is recommended that they be considered in the preparation of a new Official Plan for the Town. 8.5 In reviewing the plan as submitted, (see Attachment #3) Staff would note that although Street "B" intersects with Fewster Street, it does not meet collector road standards. The Town of Newca-stl-eWor-l~sDep-a-r-tment requr-es that-Str-eet!'B" have-a straight tangent runout of 25 m at both north and south ends. This would require the applicant to redesign the site. 8.6 The location of the parkette on the proposed plan is unacceptable. The parkette has no exposure to a road ,frontage and can be accessed only by a walkway. Furthermore, the proposed location of the parkette is within a part o'f the "drainage system" for the entire neighbourhood which was recommended to remain as open space. 8.7 As stated previously, the neighbourhood plan amendment for the subject site cannot be dealt with in isolation from the ~~~~`f REPORT NO.: PD-24-93 PAGE 11 remaining study area. The applications submitted by 874279 Ontario Inc., and Courtice Heights Developments have discrepancies concerning road patterns and open space areas which can be appropriately resolved through the Official Plan Review Process. 9. CONCLUSION 9.1 The purpose of this report is to facilitate the Public Meeting, to provide the Committee and Council with some background on the application submitted and for Staff to indicate issues or areas of concern regarding the subject application. 9.2 The Town of Newcastle Planning and Development Department is currently in the midst of a review of the Town's Official Plan. Given the comprehensive nature of the neighbourhood plan for the Courtice area, it is recommended that the application be referred to Staff to be considered in the context of the Town of Newcastle Official Plan Review process. Respectfully submitted, Recommended for presentation to the Committee . ~- w r~nklin u, M.C. Lawrence E. Kot e;ff ~~Director~~~ of Planning Chief Administrf rive and Development Officer TH*DC*FW*df *Attach 26 January 1993 _ REPORT NO.: PD-24-93 PAGE 12 Interested parties to be notified of Council and Committee's decision: Mr. Matthew Morra Wyndland Consultants Ltd. 874279 Ontario Inc. 5 Lavington Drive, Suite 7 77 Huntley St., PH#1 Weston, Ontario. Toronto, Ontario M9R 2H1 M4Y 2P3 _ Attachment # ~ LOT 29 LOT 28 LOT 27 °A A A o ~ o 3 A ~ ~ M ~H) R 4~ . / Z ~ Y R4 , EP ~ W ~ o ~ Fp A c3 Q~ ~tV~o~/¦ ~aLtNVItN I ~ ~ A _ ~ _ ~ ~r ~ f1 S W R 1 0. - U / Z J/ )R2-3 ! ~- O -~ \ ~i - V R1 ~ / A _ _ EP l , tH) YR~ ~ NASH ROAD - N R3 ' (H)RI Z -- - -- - _ _ i ~,~R~ _ O Ri i ~ - EP R4 ~ Ri (n W V (H)R4-II _ Rt Z A o, EP 1 ~ ~ 0 100 200 300 m KEY MAP 50m ~ Application N~+OPA 92-N/007, NPA 92-02/CN (Courtice Heights Dev ) Application N°- =NPA 9 I - OI / CN (874279 Ontario Inc. ) ri!/~ ° Q2-O~~,18T-4~~--~C~urti~~~~~~:) r_~ ~ E EXISTING NEIGHBOURHOOD PLAN Attachment ~2 (ANDS SUBJECT `- TO FURTHER AMENDMENT TO THE NEIGHBOURHOOD DEVELOPMENT PLAN a I ~ o ~ SUBJECT SITE) W _ ~ ~ j ~ ~ V, j ' . NASN ROAD _ vY"''`i 4 ~ • • '`~~o COURTICE NORTM NEIGHBOURHOOD 3C '`-- LAND USE STRUCTURE. PLAN ~ ,~-~--' SCHEDULE 1 C MEDIUM DENSITY RESIDENTIAL , PEDESTRIAN /BICYCLE , ~ ~ MAX. UNITS PER NET HECTARE 4 PATHWAY LOW DENSITY RESIDENTIAL ARTERIAL ROAD -TYPE 'B' RESIDENTIAL '=,'J SPECIAL POLICY =a MAJOR .COLLECTOR ROAD MAJOR OPEN SPACE . lOCA1r ~~,G PARKETTE 'J~~ Attachment ~3 _ ~ _ 'o W ~ ~ i' -t F v s ~ ~ w ~ rn a •I. Y ~ LL ~ 1 ~ g& y !k Y Ir~3 u T1 ~ jy _ ~ t~ vz ~N ® c+i ; y j~ ' ~ o 7~ 1 ~ S c ~ r 3 a O W K i R• 4 e i r 2 N v7S p~ 8 N Q N 2 3 8 ~ o i NO/5~7.^a0.. 'L.' 107 . J. r~ Y J Y i~ I y°3 / ~R ~ ---~ - - - I Il al~gg ~~~y- I _ :II~/ /d~ s\ I I• / \ I ' ~ IY I a a \~~E ~I~ I I ~ N ~ ~ ~ o_ ~ ~ I I ~i I I ~ ~ ~ ~ ~ I I 2 1' ~ - Y ~p N 7 E M A N 8 O I ~ M 3 J o ix~ ~ I $ ~ I ,r.„ a., dr , _ cna~zU - - ;- t.t.. ~ c~ c~ W - ~ ~ ~ Q2ZZa ~ K•• ~ \ el 18, 1332~1S ~ I Z ~•.-ero ~ U ~ Ll. U not ~ cn 1 L_J Il Q N ~ Z ~ r ` `-- - ~ \ L ` Z C7 3 N s ~ i _ _ ~ ~ g' 1~ ~ N ao. I x »o~A \ \ ~ ` ~I M R m~ J Y Y ~ ;\`JTJ m j I R ~ G S N w ( I y N x A ~ ~ any i I ~ I i -- ) ~ 1981 ENVIRONMENTAL IMPACT ANALYSIS Attachment # 4 PLANNING CONCEPT ~~~`?'~i'-Yf?'~~~~, .r~ ~~.Y.tjg'f~: "'.''~C'r: :~`~~`"-f-^}.c ,t ,.'V...~a `.,-tK,L~'_«.. FL,r ~,°n f~ r . t`'n p d L rI~ [ yl° t3 aC', c~~ .~~.f ro? `~,~C•+'r.L ~,j~~:C~' CG(.rp l: L w~ Lr... bt. ~~r0t~1~ ~w , r c-= f L? ~;c r r,: c ~'r • .~z G' r c3 t~,% ~ ~ „ . 4s ; jy , w'si' * ~ C; ~rr ..r . • Jr Lax Sy+p r Wit. rt .tix:` p Jt -y:'v.. _C-r~n.jS <ti'n V.C-b:.,;:-o"o qU"o~~ `!(7r r~~r', "ri%z` ~ : tYai ~C~L:' •q Lo L•."O G" J ; i . S - - - - ~- _ ~ ~t:J -- j N" a O. W ~~f --- 1 a y ~ j ~--- • _ - Q 111 M 11` F?7 . . , : J -. o ,~7 W rw r ~~~g5, ~ ~ - I..., ~ h~ r ~t i - ~ - - ~ ~ f< ~ ,114. O ~ 1 1 _ -~1 '- }ice i~ ~2 ° f b SUBJECT SITE ENVIRONMENTAL/HAZARD ARE.QS I~ ~I SPECIAL'POI 1C.Y ORF~~ OPEN SPACE AREAS I DURBAN RESIDENTIAL AREAS ':J ~1`