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Home My WebLink AboutPD-221-89M ,., A?" --I(UU P ".1 TOWN OF ' 1 M MEETING: General Purpose and Administration Committee DATE: Monday, September 18, 1989 #: Pn_��_R� FILE #: DEV 89 -64 PgU�T SUBJECT: OFFICIAL PLAN AMENDMENT APPLICATION - FILE: 89- 58 /D /N SUBDIVISION APPLICATION - FILE: 18T 89057 REZONING APPLICATION - FILE: DEV 89 -64 APPLICANT: BLOOR COURTICE DEVELOPMENTS INC. PART LOT 29, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 221 -89 be received; 2. THAT Council recommend to the Region of Durham that Official Plan Application 89- 58 /D /N and Subdivision Application 18T -89057 submitted by Bloor Courtice Developments Inc. be DENIED AS PREMATURE; 3. THAT Rezoning Application DEV 89 -64 submitted by Bloor Courtice Developments be DENIED; 4. THAT the Region of Durham and Bloor Courtice Developments Inc. be so advised and forwarded a copy of Report PD- 221 -89; and 5. THAT the delegations and interested parties be informed of Council's decision. 1. BACKGROUND 1.1 Three applications have been submitted by Bloor Courtice Developments Inc. for a 20.8 ha parcel in Part Lot 29, Concession 2, former Township of Darlington (see Attachment No. 1). These applications are as follows: ..2 REPORT NO.: PD -221 -89 - - - - -- (i) The Official Plan Amendment application seeks to amend the Durham Region Official Plan and the Town of Newcastle Official Plan to include the subject lands in the Courtice Urban Area and provide appropriate land use designations. (ii) The Subdivision application proposes the creation of 56 single family units, 114 semi - detached units, a medium density block with a high density 50 townhouse units, y block with 180 apartment units, and a 0.79 ha Neighbourhood Park. The application also proposes the creation of two Special Purpose Commercial blocks with a total area of 5.29 ha, and a 2.06 ha block with retail Attachmentf Noe office uses. The proposed Plan of Subdivision is shown on ro riate zoning on the subject (iii) The Rezoning application seeks an app p lands to implement the proposed subdivision. 1.2 The subject site is located on the northwest corner Regional Road 22 (Bloor Street) and Regional Road 34 (Courtice Road) and is used for agricultural purposes. The site is bounded on the north, south agricultural uses and on the west by a retail building a and east by g supplies centre and agricultural lands. A church ct a i is located on the southeast corner of the intersection. Theo of Courtice Urban Area. approximately 500 m south of the boundary 2. OFFICIAL PLAN AND ZONING BY -LAW 2.1 The subject lands are currently designated 'General Agriculture' by the Durham Region Official Plan. As the site is not within the Courtice Urban Area, it is not subject to the land use designations and policies of the Town of Newcastle Official Plan. Nevertheless, should l the proposed official plan Amendment be approved and the incorporated into the Urban Areal the policies in the Town's Official Plan would apply. ...3 0 : PAGE 3 REPORT -NO ®- - - - 2218--.---®__------------------------------------- - - - - -- -- ®v - - -- 2.1.1 The Town's Official Plan (Section 6.1.2(iv) a) states that low density residential development in the Courtice Urban Area shall not exceed a density of 15 units per net residential hectare. The subject subdivision proposes a density of 24.5 units per net residential hectare in the single - family and semi - detached portion of the proposed development. The Town's Official Plan (Section 6.1.2(iv)b) specifies that medium density development shall not exceed a density of 40 units per net residential hectare, and shall generally be located at the periphery of the residential neighbourhood with direct access to collector or arterial roads. The proposed townhouse block conforms to the Official Plan's requirements in respect of density and location. High density residential development is permitted by the Town's Official Plan (Section 6.1.2(iv)c) within or adjacent to the Community Central Area on lands having direct access to arterial roads. A transition of open space and /or medium density development is required to Low Density development unless part of a comprehensive development scheme. A maximum density of 80 units per net residential hectare is permitted. The proposed development does not meet either the locational or density requirements of the Official Plan, although the Plan does permit higher density development if excess servicing capacity is available. The Town's Official Plan (Section 6.1.2(iii)a) further requires Neighbourhood Development Plans to be prepared and approved by Council prior to the approval of plans of subdivision. In this regard, should the proposed Official Plan amendment be approved, the overall development pattern for the subject lands and other lands in the area would need to be determined in the context of a Neighbourhood Development Plan prior to approval of the subdivision application. ...4 PAGE 4 REPORT NO.:PD-221-89 ------------------- 2.2.2 Specific details regarding the proposed office and retail block, including gross leasable area, have not been submitted with the subject applications. Development of this commercial block will however, be subject to the Central Area policies of both the Regional official Plan and the Town's official Plan. In this regard the Regional official Plan (Section 8.2.3.5) states that any new Central Area shall be developed as a focal point of its surrounding residential area and that a retail analysis may be required to demonstrate the need for the additional retail and/or personal service floor space (Section 8.2.3.7). No retail analysis Of the proposed commercial block has been submitted to date. 2.2.3 Special purpose Commercial areas are intended to serve the specialized needs of residents on an occasional basis with services and facilities which consume larger parcels of land and require exposure to traffic. The subdivision plan proposes to locate a Special Purpose Commercial block on both Regional Road 22 and Regional Road 34. Both roads are designated as Type "All Arterial Roads by the Regional official Plan. 2.2.4 Given the location of the subject lands at the intersection of two major arterial roads, the proposed development may be affected by traffic noise. The Regional official Plan (section 1.2.13) states that, in the consideration of a proposed development which may be adversely affected by excessive noise levels, the submission of a noise analysis is required. Such analysis is to address such matters as the noise levels affecting the proposed development and appropriate mitigative measures. Regional Planning Staff have advised the applicant of this requirement. 2.3 The lands are currently zoned 'Agricultural (A)' under the Town's Comprehensive Zoning By-law 84-63. 3. PUBLIC NOTICE & SUBMISSIONS 3.1 In accordance with Council's procedures and the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within 120 metres of the site. REPORT NO.: PD-221-89 PAGE 5 -------------------------------------------------- ----------------------------- 3.2 one letter was received from Mr. Brian Elston, an area resident, expressed concern about the development of good quality agricultural land. The letter emphasized that development does not necessarily represent an improved quality of life and suggests that development decisions should take a more diverse approach to utilizing the environment. 4. AGENCY COMMENTS 4.1 The Town of Newcastle Community Services Department indicated that, without an approved Secondary Plan for the area, it is not possible at this time to determine the planned population for the area and the parkland requirement. A parkland dedication of 1.27 ha is required based on the proposed subdivision. 4.2 The Town of Newcastle Fire Department noted that the subject site is within the recognized response area of Station # 4, Courtice, but expressed a concern that the proposed development, together with other proposed growth, would affect the level of service which the station can provide. 4.3 The Town of Newcastle public Works Department indicated no objection to the principle of development, but recommended that it not proceed until such time as a complete storm water management report has been received and approved by the Department. 4.4 The Region of Durham Works Department has indicated that they are unable to provide favourable comments on the proposed development due to its location outside the urban boundary of Courtice. 4.5 The Ministry of Agriculture and Food noted that the proposed development is located in an area of prime agricultural soils. Section 3.14 of the Food Land Guidelines requires documentation to be submitted evaluating the need for using agricultural lands for non-agricultural purposes. Until such justification has been submitted, the Ministry cannot support the proposed amendment. Nw. PAGE 6 REPORT NO.: PD-221-89 --------- --------- ------------------------------------- ------ ------ ------- ------he Ministry of Natural Resources noted that an intermittent tributary of 4.6 T Tooley's Creek which traverses the southeast corner of the subject property has the potential to be a viable cold water fishery if precautions are taken to prevent water quality degradation. Specifically, this would require proper stormwater management with erosion and sedimentation control measures employed during and after construction. 4.7 The Public School Board indicated that the students generated by the but proposed development cannot be accommodated within their present plans, that this objection would be reconsidered when the Board prepares a more comprehensive accommodation study. 4.8 Comments remain outstanding from the following agencies: - Region of Durham planning Department - Central Lake Ontario Conservation Authority - Ontario Hydro - Separate School Board - Ministry of Transportation - Ministry of the Environment. 5. STAFF COMMENTS 5.1 The most appropriate direction for the courtice Urban Area to expand at such time as additional land is required has also not been established. Agricultural capability, environmental sensitivity, urban structure, transportation routes, proximity to community facilities, and ease of servicing are among the factors considered in this review. 5.2 The subject lands possess good agricultural soils. They are currently being used for agricultural purposes, as are adjacent lands. As noted in the comments from the Ministry of Agriculture and Food, a proposed development on good guality agricultural lands must be justified under Section 3.14 of the Food Land Guidelines. This documentation must justify the proposed land use in terms of a number of issues including projected population growth, land area currently designated for development and alternative locations for development. Regional Planning Staff have advised the applicant of the requirements of the pool Land Guidelines; however, the required justification report 'has not been Submitted as of the 6 _.0 4-1-4 - rnr%nri- REPORT NO.: PD-221-89 5.3 The need to designate additional lands for residential development in the Courtice Urban Area has not been established. The current population of Courtice is approximately 9,000 persons. The design population for the Urban Area within the existing limits given by the Town of Newcastle Official Plan is 27,000 persons. Staff project that lands currently designated for residential development will accommodate growth in Courtice for approximately eight years. 5.4 The subject lands are not contiguous with the Courtice Urban Area. Their possible inclusion within the Urban boundary cannot be considered in isolation from other lands outside the urban limit which lie north of Regional Road 22 and west of Regional Road 34. 5.5 The subject lands are not immediately servicable with municipal water and sanitary sewers from the existing trunk systems. Indeed, it has not been established whether the lands can ever be services from the existing water supply and water pollution control plants located in Oshawa. The lands are included in the area being studied in the Courtice South Servicing Feasibility Study currently being conducted by Totten Sims Hubicki for the Town. The preliminary results of this study have not as of yet been submitted by the consultant. 6. CONCLUSION AND RECOMMENDATIONS 6.1 The issues related to this application are major and cannot be viewed as a small, incremental change to the Courtice Urban Area. The site is not contiguous to the present urban limit and consideration of this site required fundamental dicisions about the scale and direction of growth for the Courtice Urban Area. Moreover, it is possible that consideration of urban uses in this area would require the construction of an entirely new water supply plant and water pollution control plant. At the very least, it would require expansions to the existing plant facilities in Oshawa and the extension of trunk lines to the site. qw; REPORT NO.: PD-221-89 PAGE 8 6.2 Consideration of this application requires major committment to the entire pattern of future growth in the Courtice area. This should be done in a comprehensive manner as will be undertaken in the Durham Region Official Plan Review. As such this application is premature and prejudices the outcome of the much broader planning studies presently underway. It is therefore recommended that Council deny the official Plan Amendments, the subdivision application and zoning application. Respectfully submitted, -------------------------- Franklin Wu, M.C.I.P. Director of Planning & Development JAS*DC*FW*cc *Attach. September 5, 1989 Parties to be notified of Committee's and Council's decision: Bloor Courtice Developments Inc. c/o W. valleau P.O. Box 65 OSHAWA, Ontario LlH 7K8 Tunney Planning 340 Byron Street South Suite 200 WHITBY, Ontario LlN 4P8 Mr. Brian Elston R.R.#2 BOWMANVILLE, Ontario LlC 3K3 Dev. 89�64, 18T�89057 ATTACHMENT NO. r 0 T 1NST. No. N 2 8 0 5 2 I N (S EC0NOL Y) I,O lol 4 a 8 g INST. Na 139681 I r 1f p V • y ,tlJ 9 g a BLOCK 14 c� ' ,31 = s = o MEDIUM DE ITY Rll — — — — $ TOWNHOUS 03 1 r I r I� I v STR ET 'A' g 1 o ^ J 4 OI ril CO BLOCK 115 I v~i I HIGH DENSITY I N I APARTMENTS I oo I _ _ L � - m ° •� I —p- � — — z — — _ -� -• �L�- -e -• BLOCK 116 I SPEC L PURPOSE CO ERCIAL I a �41 I'J t�J •.b �4'• • � � � " I° � � 'Q '�' � �\ wu cw,o. c•w..rrr b I j, ;Inl I BLOCK 116 I I SPECIAL 1 S T. N 211 3 PURPOSE I SEC ° ° ` Y) ' MERCIAL F � ____ -� BLOCK 117 2 1 1 RETAIL a 0 FICES u l l I— — I IN T. No. 106171 IN T. Na 21 10 II I - --- - -� --L - - -- _ —J L BLOOR ST EET RE ONAL _ ROAD No. 22 — -- - - - --T ---�— - -- -- �� l f r I i„ 1 k it I I ®EN. 89 -64 ATTACHMENT No. 2 ? I r