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HomeMy WebLinkAboutPD-176-89TOWN OF NEWCASTLE REPORT File # Res. # By-Law # METING: General Purpose and Administration Committee DATE: Monday, July 17, 1989 REPORT #: PD-176-89 FILE #: S[J&ECT: PUBLIC MEETING PROPOSED AMENDMENT TO THE TOWN OF NEWCASTLE OFFICIAL PLAN ALTERNATIVE PARKLAND DEDICATION REQUIREMENTS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-176-89 be received; 2. THAT the proposed amendment to the Official Plan for the former Township of Darlington (now referred to as the Town of Newcastle Official Plan) with respect to alternative parkland dedication requirements as contained in Attachment # 1 be recommended to the Region of Durham for approval. 3. THAT By-law 79-69 governing parkland dedication be repealed, that a new By-law be approved to incorporate the alternative parkland dedication requirements and that the new By-law as contained in Attachment # 2 be brought forward to Council at such time as the official Plan Amendment is approved by the Region of Durham and the Minister of Municipal Affairs; and 4. THAT the Region of Durham be so advised and forwarded a copy of this Report. ...2 �0 1 I uwzgayfflmk JUIVIN.-M 1.1 Section 41(1) of the Planning Act, 1983 provides Council with the authority to require that 50 of residential land under development or redevelopment be conveyed to the municipality for park and other recreational purposes. Where this is not practical, Council may require cash-in-lieu of land for the purposes of providing parkland requirements. 1.2 As an alternative to this provision, Section 41(2) - (4) of the Planning Act, 1983 provides that Council may require as a condition of development or redevelopment of land, that land be conveyed at a rate of one hectare for each 300 dwelling units proposed or at such lesser rates as may be specified by a by-law. The purpose of such an alternative parkland dedication policy is intended to address the parkland requirements of higher density residential development. In such cases, the 5% land area dedication yields insufficient parkland in relation to the number of residents generated by higher density residential development. In order to utilize such alternative parkland dedication policies, the Planning Act, 1983 requires that specific policies be incorporated in the Official Plan of the municipality. 1.3 On June 26, 1989 Council received Report PD-150-89 and authorized Staff to take the necessary steps to hold a Public Meeting for the purpose of considering an amendment to the Town of Newcastle Official Plan to incorporate alternative parkland dedication provisions as contained in Attachment # 1 to this Report. 2. PUBLIC NOTICE 2.1 In accordance with Council's directive, Staff arranged for public notices in the Bowmanville Statesman/Newcastle Independent and Oshawa Times on June 28th. and June 29th., respectively 5 U 3. COMMENTS 3.1 Revisions to the parkland policies were proposed at the time when the Town of Newcastle Official Plan was consolidated and approved by the Ministry of Municipal Affairs on November 11, 1987 (Amendment # 22 to the Township of Darlington Official Plan). These policies were deferred for further consideration due to outstanding comments from the Ministry of Natural Resources and Central Lake Ontario Conservation Authority. On March 13, 1989 Council reviewed the comments of the Ministry and the above-mentioned agencies and adopted some minor modifications of a technical nature. These policies have been approved by the Region of Durham and presently await approval from the Minister of Municipal Affairs. 3.2 The parkland policies adopted by Council include, among other things, the following service level standards: Community Parks: Not less than 8 hectares in size. Provided on the basis of 0.6 hectares per thousand population. Neighbourhood Parks: Not less than 3 hectares in size. Provided on the basis of 0.8 hectares per thousand population. Parkettes: Provided where arterial or major collector roads or natural hazards such as creeks form a barrier to access a neighbour- hood park. Although the current policies provide a service level standard relative to population, the parkland dedication policies remain fixed to a land area ratio (50 of residential land). Consequently, although the objective should be to increase parkland in areas of higher density development, infilling or renovation to accomodate demographic changes, the tool for implementing this objective is presently not available to the municipality. ...4 REPORT NO.: PD-176-89 PAGE 4 3.3 At the present time, there are a number of higher density residential development proposals being placed before Staff and Council. Some of these are within or near the Main Central Area in Bowmanville. The Community Services Department has identified that there is a deficiency of parkland to serve the residents of central Bowmanville and further higher density redevelopment will only aggravate the situation further. There may be other areas in the Town which are deficient in parkland as well due to changes in land use or the planned populations. This is presently under study by the Community Services Department. 3.4 The Ministry of Municipal Affairs has prepared some guidelines that municipalities should consider when applying the density-based parkland dedication alternative: a) a definition of lands to be included as parkland; b) a hierarchical classification of existing parks; c) areas where new parkland will be required because of new development or redevelopment; and d) an inventory of existing parkland, which could be related to demographic data in order to identify areas which are deficient in parkland. At the present time, the Official Plan and the Town's Parks and Recreation Master Plan (1983) address most of the above issues. Those which are not addressed are currently under study as noted above. The Town will be in a position to utilize the density-based parkland dedication requirements in accordance with the Ministry's guidelines. 3.5 In addition to amending the Town of Newcastle Official Plan, it is also necessary to revise the Town's by-law to governing the conveyance of parkland. The present By-law 79-69 was formulated under the old Planning Act and consequently it has been necessary to prepare a new By-law to reflect the changes brought by the Planning Act, 1983 A proposed By-law has been prepared and forms Attachment # 2 to this Report. REPORT NO.: PD-176-89 ----------- -------------------------------- 4. CONCLUSION: 4.1 In light of the higher density forms of development which are proposed in the Town, it is recommended that Council take the appropriate steps to ensure that parkland dedication policies are sufficient to ensure that the Town's parks servicing standards can be achieved. It is recommended amendments to the Town of Newcastle Official Plan and a new By-law governing parkland dedication be approved to provide for alternative parkland dedication requirements as permitted under Section 41 (2) - (4) of the Planning Act, 1983. The Parkland dedication By-law will be brought forward subsequent to the approval of the official Plan Amendment by the Region of Durham and the Ministry of Municipal Affairs. Respectfully submitted, -- Franklin Wu, M.C.I.P. Director of Planning & Development DC*FW*cc *Attach. July 5, 1989 Recommended for presentation to the Committee ,'3 5, - - ----------------- ' c Lawren �/dJ" . - Kotseff c Chief m Lstrative Officer ATTACHMENT NO. 1 TO REPORT PD-176-89 AMENDMENT TO THE OFFICIAL PLAN FOR THE FORMER TOWNSHIP OF DARLINGTON (NOW KNOWN AS THE TOWN OF NEWASTLE OFFICIAL PLAN) PURPOSE: The purpose of this Amendment to the Official Plan for the former Township of Darlington (now known as the Town of Newcastle Official Plan) is to enable the Town to require the conveyance of parkland in accordance with the alternative parkland dedication requirement provided for in Section 42 (2) - (4) of the Planning Act, 1983. LOCATION: This amendment applies to all land in the Courtice, Bowmanville and Newcastle Village urban areas in the Town of Newcastle. BASIS: Section 41 (2) ® (4) of the Planning Act, 1983 permits a municipality to include provisions in its official Plan to enable Council to require, as a condition of development or redevelopment, the conveyance of land for park and recreational purposes at a rate up to one hectare for each 300 dwelling units proposed. ACTUAL AMENDMENT: The Official Plan for the former Township of Darlington (now known as the Town of Newcastle Official Plan) is hereby amended as follows: 1. deleting Section 6.3.3(i)(a) and substituting therefor the following: "The land conveyance and/or acquisition provisions of the Planning Act, 1983, as amended from time to time. In this regard, the Town may require, as a condition of development or redevelopment, the conveyance of land for park and other recreational purposes at a rate of up to I hectare for every 300 dwelling units proposed. In all cases the amount of land to be conveyed shall be a minimum of five percent of the land being developed or redeveloped for residential purposes." 2. deleting Section 7.2.3.3(i)(a) and substituting -therefor the following: "The land conveyance and or acquisition provisions of the Planning Act, 1983, as amended from time to time. In this regard, the Town may require, as a condition of development or redevelopment, the conveyance of land for park and other recreational purposes at a rate of up to 1 hectare for every 300 dwelling units proposed. In all cases the amount of land to be conveyed shall be a minimum of five percent of the land being developed or redeveloped." 3. deleting Section 8.2.3.3(i)(a) and substituting therefor the following: "The land conveyance and or acquisition provisions of the Planning Act, 1983, as amended from time to time. In this regard, the Town may require, as a condition of development or redevelopment, the conveyance of land for park and other recreational purposes at a rate of up to 1 hectare for every 300 dwelling units proposed. In all cases the amount of land to be conveyed shall be a minimum of five percent of the land being developed or redeveloped." 2 5-06 M- IMPLEMENTATION: The provisions set forth in the Official Plan of the former Township of Darlington, as amended regarding the implementation of the Plan shall apply in regard to this Amendment® INTERPRETATION: The provisions set forth in the Official Plan of the former Township of Darlington, as amended, regarding the interpretation of, shall apply in regard to this Amendment® 4 In, -7 J", U k THE CORPORATION OF THE TOWN OF NEWCASTLE BY -LAW NUMBER 89- being a By -law to govern Parkland Dedication in the Town of Newcastle. WHEREAS Section 41 of The Planning Act, 1983 provides Council with the authority to require the conveyance of land for park or public recreational purposes as a condition of development or redevelopment; WHEREAS Section 41(2) - (4) of The Planning Act, 1983 provides council with an alternative parkland dedication policies for residential uses; WHEREAS the Town of Newcastle Official Plan provides policies for the provision of lands for park or other public recreational purposes and the use of the alternative parkland requirement of one hectare for each 300 dwelling units; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. The Town of Newcastle may require as a condition of development or redevelopment of land that in the case of land proposed for commercial or industrial purposes, two percent (28) and in all other cases five percent (5B) of land be conveyed to the Town for park or other public recreational purposes. 2. As an alternative, at the.sole discretion of the Town, the conveyance of land for park or other public recreational purposes may be required at a rate of up'to -1 hectare for 300 dwelling units proposed. In all cases, the amount of land to be conveyed shall be a minimum of 5 percent.of.the land being developed for residential purposes. 3. The Town of Newcastle shall accept lands for park purposes where required within the "developable" portion of a plan of subdivision. The Town may require up to 58 of the "developable" lands or may, accept some combination of land and cash -in -lieu. 4. The Town of Newcastle shall not accept any creek valley lands, flood susceptible lands or lands with hazardous characteristics as any portion , of the five percent (58) parkland dedication requirement. Notwithstanding this, the Town of Newcastle may require the dedication of creek valley lands; flood susceptible lands or lands with hazardous characteristics to the municipality at no cost as a condition of approval of development or redevelopment. 5. Lands dedicated to the Town for park purposes shall be conveyed in a condition satisfactory to the Town, being clear of refuse, graded, sodded and landscaped in accordance with Town policies. ® 5 0' G 2 - 6. Where land for park purposes is.not required, the Town will accept cash -in -lieu of developable land. The cash -in -lieu calculation will be based on the market value of the lands upon draft plan approval. The market value of the lands will be determined by a qualified appraiser hired by the Town. The cost of such an appraisal will be the responsibility of the developer/ subdivider. 7. This By -law shall come into effect on the date of passing hereof. r 8. By -law 79 -69 is repealed on the date of passing hereof. BY -LAW read a first time this day of 1989 BY -LAW read a second time this day of 1989 BY -LAW read -a third time and finally.passed this day of 1989. MAYOR CLERK r " ,1