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 THAT By-law 79-69 governing parkland dedication be repealed, that a new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.
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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
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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.
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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
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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
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Lawren �/dJ" . - Kotseff
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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."
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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®
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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.
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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.
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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
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