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HomeMy WebLinkAboutPD-156-87C~) ,,,~ x~„~, ,~, ~~ ~ ~.''~ TOWN OF NEWCASTLE REPORT File # ;.4~ Res. #4~'/~6~~~'~' By-Law # ~Eflt~: General Purpose and Administration Committee DATE: Monday, June 1, 1987 T #: PD-156-87 FILE ~: PLN 15.1.2 _CT: MODIFICATION N0. 6 TO THE TOWN OF NEWCASTLE OFFICIAL PLAN - PARKLAND POLICY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-156-87 be received; and 2. THAT the Region of Durham be requested to approve the proposed Official Plan Amendment in respect of parkland policy and as attached to this Report as Attachment No. 1 as Modification No. 6 to the Town of Newcastle Offici a1 Plan; and 3. THAT a copy of Council's decision be forwarded to the Region of Durham. BACKGROUND: On December 15, 1986, Committee considered Staff Report CS-69-86 which proposed a number of revisions to the Town's Parkland policies. Those revisions included proposed amendments to the Durham Regional Official Plan and the Town of Newcastle Official Plan. Recommendation No. 2 of the Report recommended that the proposed amendments be referred to Staff for processing and Public Hearings. Committee and subsequently Council resolved to adopt the recommendation. ...2 ~~9~ REPORT NO.: PD-156-87 Page 2 Un February 16, 1987, Planning Staff forwarded a copy of Report CS-69-86 to the Regional Planning Department and requested that the Region proceed with the processing of a general amendment to the Regional Official Plan. St aff also suggested that the proposed amendment to the Town's Official Plan be processed as a modification to the Official Plan. By letter dated February 24, 1987, the Regional Planning Department advised that, due to the permissive language in Section 8.1.2.10 of the Regional Official Plan, an amendment to the Regional Plan is not required in order to deal with the related amendment to the Town's Official Plan. The Region further advised that, with respect to the proposed amendment to the Town's Official Plan, the quickest way of dealing with the matter is by processing it as an additional modification to the Town of Newcastle Official Plan. The Region further advised that they would advertise the proposed modification in respect of parkland policy in the appropriate newspapers. The proposed amendment to the Town's Official Plan is attached hereto as * Attachment No. 1. On April 14, 1987, Regional Planning Committee considered a Planning Commissioner's Report in respect of the proposed Ministerial modifications to the Town's Official Plan and the proposed parkland amendment, which is being processed as Amendment No. 6 to the Town's Official Plan. The Report noted that, due to time constraints, the Town did not provide an opportunity for the public to comment on the proposed parkland policies. The Report further noted that there is no requirement for the Region to advertise modifications, but due to the importance of the parkland policies, a "Notice of Public Meeting" was advertised in the appropriate newspapers. Regional Planning Committee also received a delegation from a representative of Halminen Homes, who recommended that the proposed modification regarding parkland policy be amended by replacing the word "shall" in the last sentence of Section 6.3.2(ii)(a) and 7.3.2(ii)(a) with the word "may". The amended sentences would then read: "Council may encourage the public acquisition of ~~ and access to, for passive recreational purposes, the valley lands of ... ...3 ~~~ REPORT NO.: PD-156-87 Page 3 Regional Planning Committee resolved to refer the matter back to the Town of Newcastle to allow for a public meeting to be held concerning the issue. COP~~MENT: The resolution as adopted by Town Council on December 15, 1986 directed Staff to proceed with Public Hearings in respect of the proposed Parkland Policy. Town Staff requested the Region to process the proposed amendment as a modification to the Official Plan in order to expedite its approval. As Regional Planning Staff indicated in their report, the Region is not required by the Planning Act to provide Public Notice and to hold a Public Meeting in respect of a modification to a proposed Official Plan. The Region however did advertise a Public Notice in local newspapers on April 8, 1987 and held a Public Meeting in respect of the proposed modification on April 14, 1987. Given that a Public Meeting has already been held at the Regional level, Town Staff do not feel that the holding of a Public Meeting at the local municipal level is necessary to meet the requirements of the Planning Act. Staff note however that the Regional Planning Staff Report to Planning Committee dealt with both the modification in respect of the proposed parkland policy and the proposed Ministerial modifications to the Town's Official Plan. Regional Planning Committee therefore also tabled their consideration of this matter. With regard to the proposed parkland policy itself, Staff note that the objection raised by Halminen Homes dealt only with the issue of public acquisition of the valleylands within the Urban Areas of Courtice and Bowmanville. The suggested revision would, in Staff's opinion, weaken the Town's clear intent to encourage public ownership of these strategic valleylands. While a seemingly minor wording change, it is Staff's opinion that such a change introduces an element of uncertainty about the Town's intentions as well as the equitable application of this policy. Staff further note that on January 12, 1987, Council adopted By-law 87-5, amending By-law 79-69, by specifically identifying the valleylands within the designated Urban Areas and hazard lands for public acquisition. Staff note that no other objections to the proposed parkland policy were raised at the Region's Public Meeting. As well, Regional Planning Staff have not proposed any revisions to the proposed Official Plan Amendment as ...4 ~~J REPORT NO.: PD-156-87 Page 4 approved by Town Council. It is therefore recommended that Council request the Region of Durham to approve the proposed Official Plan amendment in respect of parkland policy included herewith as Attachment No. 1 and Modification No. 6 to the Town of Newcastle Official Plan. Respectfully submitted, JAS*TTE*jip *Attach. N1ay 21, 1987 Recommended for presentation to the Committee ~ ~~.~ r TM. ~~ ~` ~ L wrence tsef Chief Adm'n~7 trative Officer '~(9) ATTACHMENT N0. 1 AMENDMENTS TO THE TOWN OF NEWCASTLE OFFICIAL PLAN PURPOSE: ~~ The purpose Af the proposed amendment is to more clearly define Parks and Open Space ~• standards for the Town of Newcastle. ~` • BASIS: `. The basis of the proposed amendment is found in the Town of Newcastle Culture and- ':( Recreation Master Plan and the recommendations of the Parks Policy Technical Committee - charged with the responsibility of reviewing existing Town of Newcastle Parks Policy in consideration of the• recommendation of the Town of Newcastle Recreation and Open Space Master Plan. ~ - . ACTUAL AMENDMENT: ~ - -. - ~ - The. Town~of Newcastle..Official Plan is hereby.amended as follows::-. ~.. - ... - (1) Section 6.3.2(ii)ia) is hereby amended to read~~as follows:~~ -~... ~ ~. -_ "Nei.ghbourhood ..parks shall not normally be .less.~than.3 hectares in~ size• and shall be providedon~~the basis of 0.8 hectares per,I000.persons population." -. ~ -. (2) Section 6.3..2(1 i i) (c ) i s hereby amended to ~read~ . as~~ fol l ows: ~ - ' ~ - ~~ ~ "Neighbourhood parks smaller than the minimum size'may be permitted by Council without amendment to the Plan after consideration of the size of the park - relative :to others in the neighbourhood, the ~amopnts of parkland-already .. committed for park.purpases; the physical nature of-the lands.in question, and its relationship to other Open Space opportunities such as valley lands and school sites." (3) Section 6.3.2(iv)(b) is hereby amended to read as follows: - - "Community parks shall not be less than 8 hectares in size and shall be .provided on the basis of 0.6 hectares per 1000 persons population." (4) Section 6.3.2 is hereby further amended by adding thereto the following new Subsection (v) Parkettes: "(v) Parkettes Parkettes may be provided without an amendment to this Plan where there appear to be physical barriers such as arterial o r collector roads and/or watercourses which may prevent pedestrian access for young children to a Neighbourhood or Community Park." ../2 ~9~. S .i AMENDMENTS TO THE TOWN OF NEWCASTLE OFFICIAL PLAN ACTUAL AMENDMENT: (Cont'd) (5) Section 6.3.2(ii)(a) is hereby amended to read as follows: Page 2_ "The Major Open Space System within the Courtice Major Urban Area comprises those lands below the topographic break in slope of the Black and Farewell Creek system. The boundaries of the Major Open Space System shown on Schedule 1 are not precise and shall only be used as guidelines. More precise boundaries may oe delineated in Neighbourhood Development Plans and the restricted area zoning by-law in consultation with the. Central Lake Ontario Conservation Authority and the Ministry of Natural Resources. Council shall encourage public acquisition of and access to, for passive- recreational purposes, the valley lands of the 61ack and Farewell Creek systems." ~ .. (6) Section 7.3.2(.ii)(a) is hereby amended.to~read as follows::~~ • "Major Open Space within. the.6owmanville Major~~Urban Area generally comprises those lands below the topographic break i~ slope of .the. valley lands associated with the Bowmanville and Soper Creek: systems. ~~.The•.boundaries of~the Major Open , Space areas shown on Schedule-l:are~not precise~and•shall only be:used, as guidelines. More preefise boundaries shah:be~delineated in:the~Zoning•8y-law in consultation with the~Central~ Lake •Ontario:Conservation Authority and the. . Ministry of Natural Resources.• = Counci ] shat I~ encourage .the publ is .acquisition of and access to, for passive recreational purposes,~the valley lands of 'the 8owmanville and Soper Creek systems." ~~ _ .. (7) Section 7.3.2(iv)(b) is~hereby amended- to read as follows: "Community Parks shall not be less than 8~hectares in.size~and shall. be provided on the basis of 0.6 hectares per 1000 persons population." . (8) Section 7.3.2(v)(b) is hereby amended to read as~follows: "Neighbourhood Parks shall not normally be`~ess than 3 hectares in size. The size and shape of the park shall permit-the development of an appropriate range of active recreational facilities to the satisfaction of Council. Neighbourhood Parks shall be provided on the basis of 0.8 hectares per 1000 persons population." (9) Section 7.3.2(v)(c) is hereby amended to read as follows: "Neighbourhood Parks smaller than the minimum size may be permitted by Council without amendment to this Official Plan after consideration of, the size of park relative to others within the neighbourhood, the amount of parkland already committed for park. purposes, the physical nature of the lands in question, and the proximity of the park relative to other Open Space opportunities such as valley lands and school sites_ _./3 AMENDMENTS TO TI1E TOWN OF NEWCASTLE OFFICIAL PLAN _. ~~ . Page 4. ACTUAL AMENDMENT: (Cont'd) ~`~ (15) Section 8.3.2 is.hereby further amended by adding thereto the following new . subsection (vi): - "(vi) Parkettes Parkettes may be provided without.an amendment to this Plan where there appear to be physical barriers such as arterial or collector roads and/or ° watercourses which may prevent pedestrian access for young children to a Neighbourhood or Community Park."~~ ~ . (16) Section 9.5 is hereby amended by adding•thereto the. following new • Subsection(ii): ~ ~ ~ . •: "(i i j COMMUNITY PARKS ~ - .. ~ . ~ ~ -. ~ , - ~ - (a) Community Parks shall be provided in the:Hamlets of gurketon, Enniskillen, Hampton, Kendal , -Orono, Mi tchell s,. Corners~,_ Newtonvil:le, Sol ina and Tyrone. (b) Community~Parks'shali not be 1ess~than 4 hectares•in size and shall be •provided on the basis'of 0.6~hectares per..1000..persons population served. . (c) Notwithstanding fb) atiove•Community.~Parks•sinaller than the minimum size may be permitted by Council without amendment to this Official Plan after consideration of the size of .the park relative to others within the hamlet:' ~~g~ ,r: ~' _ :~AMENOMENTS TO THE TOWN OF NEWCASTLE OFFICIAL PLAN Page 3. ACTUAL AMENDMENT: (Cont'd) (10) Section 7.3.2 is hereby further amended by adding thereto the following new Subsection (vi): i~'. "~ "(vi) Parkettes Parkettes may be provided without an amendment to this Plan where there appear to be physical barriers such as arterial or collector roads and/or watercourses which may prevent pedestrian~aecess for young children to a Neighbourhood or Community Park." (11) Section 8.3.2(ii)(a) is hereby amended to read as follows: "Major Open Space within the Newcastle Village Small.Urban Area generally comprises those lands below the topographic break and. slope top of bank of the valley lands associated with the Graham. and Foster Creek system, as well as lands directly related to the Lake Ontario Waterfront.. The boundaries of the Major Open.,Space areas shown on Schedule 1 are not precise and shall only. be used as guidelines. More precise boundaries shall be. delineated in the Zoning 8y-law in consultation with the Ganaraska Region Conservation~Authority and the~~Mi.nistry of Natural Resources. Council shall encourage the public acquisition of.and~access to-for the purposes of passive .recreation activities in the valley lands of the Graham and Foster Creek systems and the Lake Ontario. Waterfront." ~ ~~ (12) Section 8.3.2(iv~(b) is hereby amended to read as follows: ~ "Community parks shall not be less than 8 hectares in size and shall be provided on the basis of 0.6 hec tared per 1000 persons population." (13) Section 8.3.2(v)(b) is hereby amended to read as follows: "Neighbourhood Parks shall not normally be less than 3 hectares per 1000 persons population. The size and shape of the park shall permit the development of an appropriate range of active recreational facilities to the satisfaction of Council." (14) Section 8.3.2(v)(c) is hereby amended to read as follows: "Neighbourhood Parks smaller than the minimum size may be permitted by Council without amendment to this Official Plan after consideration of, the size of the park relative to others within the neighbourhood, the amount of parkland already committed for park purposes, the physical nature of the lands in question, and the proximity of the park relative to other Open Space opportunities such as . valley lands and school sites. ../4