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HomeMy WebLinkAboutPD-291-89A)'' 1_X 11 W4 �, ;, " TOWN OF NEWCASTLE :__'1; PUBLIC MEETING MEETING: General Purpose and Administration Committee DATE: November 20, 19 8 9 REPMT #: PD- 291 -89 FILE #: Me #T�NNO Res. # By -Law # SUBJECT: REZONING APPLICATION- FILE: DEV 89 -67 APPLICATION TO AMEND COURTICE NORTH NEIGHBOURHOOD DEVELOPMENT PLAN - FILE: O.P. 2.2.3(6) SUBDIVISION APPLICATION - FILE: 18T -89055 APPLICANT: WILLIAM TONNO CONSTRUCTION LTD. PART LOT 32, CONC. 3, 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- 291 -89 be received; 2. THAT Rezoning Application DEV 89 -67, Neighbourhood Development Plan Amendment Application OP 2.2.3(6) and Subdivision Application 18T -89055 submitted by D.G. Biddle and Associates Ltd. on behalf of William Tonno Construction Ltd. be referred back to Staff for further review and the preparation of a subsequent report upon receipt of all outstanding comments; 3. THAT Staff be authorized to investigate the need for the easterly extension of Adelaide Avenue from Townline Road to Hancock Road; 4. THAT no decisions be made on all existing and future subdivision and rezoning applications in Courtice Neighbourhoods 3A, 3B & 3C north of Nash Road pending the results of the Needs Study for the Adelaide Avenue extension and any subsequent Route Alignment Study; and 5. THAT the interested parties listed in this report and any delegation be advised of Council's decision. ...2 _.* 6. 1. APPLICATION DETAILS: 1.1 Applicant: D.G. Biddle and Associates Ltd. 1.2 Owner: William Tonno Construction Limited 1.3 Neighbourhood Development Plan Amendment: From "Lands subject to an Official Plan Amendment Application" to "Residential" 1.4 Subdivision: Single Family: 93 lots Open Space Block: 0.997 ha (2.46 acres) Park Block: 0.309 ha (0.76 acres) (see Attachment No. 1) 1.5 Rezoning: from "Agricultural (A)" and "Environmental Protection (EP) " to the appropriate "Residential" zone to implement the subdivision 1.6 Area: 8.75 ha (21.6 acres) 2. LOCATION• 2.1 Legal Description: Part Lot 32, Concession 3, former Township of Darlington, now Courtice Major Urban Area 2.2 Relative Location: 32m (105 ft.) north of George Reynolds Drive and 198m ( 650 ft.) east of Tooley's Road at the eastern end of McLean Road (see Attachment No. 2) 3. BACKGROUND: 3.1 The applications to amend the Comprehensive Zoning By -law and the Courtice North Neighbourhood Development Plan were received by the Town on May 23, 1989. 3.2 The related subdivision application was circulated by the Region of Durham to the Town on August 22, 1989. ...3 N. 4. EXISTING AND SURROUNDING USES: 4.1 Existing Uses: currently vacant, portions previously forested 4.2 Surrounding Uses: East - forested lands West - valleylands of Farewell Creek North - currently vacant, portions previously forested; also owned by applicant; currently subject of Official Plan Amendment Application 89- 77 /D /N to extend the Courtice Urban Area boundary South - urban residential 5. OFFICIAL PLAN POLICIES: 5.1 The Durham Regional Official Plan designates the subject lands as "Residential" with indications of Environmental Sensitivity. The Official Plan (Section 1.2.2) states that the extent and the exact location of such environmentally sensitive areas shall be determined at the time of development applications. Development within these areas may be permitted to the extent that the type or magnitude of development is compatible with environmental conditions or that measures have been undertaken to mitigate any resulting negative environmental impact. The Plan (Section 1.3.9) also states that, prior to approving a development application within an environmentally sensitive area, an environmental analysis shall be conducted for the subject area or a wider area if deemed necessary by the local Council. This environmental analysis is intended to address a number of matters, including the type and degree of environmental sensitivity, the compatibility of the proposed development, the need for and the definition of mitigating measures, and the location and extent of sensitive areas which should be preserved. This environmental study is to be conducted by the area municipality in co- operation ...4 (-T Q ;_t r . with the Region and the Conservation Authority, in consultation with the proponent. 5.2 The Town of Newcastle Official Plan designates the subject lands as "Residential" with indications of "Environmental Sensitivity ". The proposed subdivision would have a density of 14 units per net residential hectare and would therefore fall within the density range of "Low Density Residential ". The Town of Newcastle Official Plan (Section 6.4.2) also provides for the Town to conduct an Environmental Impact Analysis for lands identified as environmentally sensitive. Land uses defined within the Official Plan and subsequent Neighbourhood Development Plans shall be re- assessed and alternative land use concepts analyzed, in light of the recommendations of the Environmental Impact Statement, if the negative effects of such uses cannot be satisfactorily mitigated in a manner consistent with engineering techniques and resource management practices. The Official Plan (Section 6.4.3) further states that nothing within the Plan shall be deemed to convey to the municipality or any other agency having jurisdiction, the responsibility of acquiring lands exhibiting environmentally sensitive characteristics as an alternative to permitting a use which may otherwise have a negative impact upon the environment. 5.3 The Neighbourhood Development Plan for Neighbourhood 3A does not provide a land use designation for most of the subject lands. With the exception of the southeast corner of the site, the area is indicated as "Lands Subject to an Official Plan Amendment Application ". The southeast corner is indicated as "Residential ". ...5 �1I REPORT NO.: PD-291-825 A Type "B" Arterial Road traverses the site in a northwest to southeast direction. The Neighbourhood Development Plan states that, in reviewing subdivision and other development applications, consideration will be given to the recommendations of the Courtice Environmental Impact Study. 6. ZONING: 6.1 The subject lands are currently zoned "Agricultural (A)" by By -law 84 -63, in the Town of Newcastle Comprehensive Zoning By -law. 6.2 The proposed rezoning application would change the zoning to an appropriate "Residential" category to permit the proposed subdivision. The 11R2" zone would appear to be appropriate. 7. ENVIRONMENTAL STUDIES: 7.1 Courtice Environmental Impact Analysis 7.1.1 Pursuant to Section 1.3.9 of the Durham Regional Official Plan and Section 6.4 of the Town of Newcastle Official Plan, the Town retained the consulting firm of Gartner Lee Associates Ltd. in 1980 to undertake an environmental analysis of the Courtice Urban Area, specifically the Courtice North Neighbourhood. The Courtice Environmental Impact Analysis found that the Courtice North Neighbourhood occupies a local groundwater recharge area, with ground resources being unconfined and '511 therefore susceptible to contamination. The discharge of groundwater to Farewell and Black Creeks provides cool base flow essential for the survival of coldwater fish species in both creeks. The Study identified the major potential impact of unrestricted development within Neighbourhood 3A as being water quality degradation and the reduction of cold -water fish habitat in Farewell Creek. 7.1.2 With respect to the Tonno lands, the Gartner Lee Study notes the sporadic occurrence of wetlands over the site, with the water table lying within 1.5m (5 ft.) of the surface in the extreme eastern portion. Two small streams which contribute basef low and runoff to Farewell Creek, traverse the site. The site is primarily scrub land with mixed forest in the southeast. The Study notes that this vegetation cover stabilizes soils along feeder streams and provides shade to maintain low water temperatures. The Planning Concept prepared by Gartner Lee for the Courtice North Neighbourhood recommends a band of "Open Space Lands" across the northern boundary of the neighbourhood, including all but the southeastern portion of the Tonno lands. This open space is intended to provide a buffer to the sensitive open space areas to the north and are suggested primarily to protect special vegetation and wildlife attributes found in the study area. The Gartner Lee Study suggests conservation or carefully controlled rural estate residential land uses with large lots may be effective in protecting the environmental integrity of these lands. The Planning Concept further identifies the floodplains of the two (2) feeder streams as Environmental /Hazard Areas. ...7 1 Development within these areas is not advised due to the significant environmental functions that the streams provide. 7.2 Environmental Impact Analysis for William Tonno Construction 7.2.1 The applicant has submitted an Environmental Impact Analysis on October 19, 1989 in support of the subject applications. This study suggests a number of measures to mitigate the impact of development on sensitive environmental features. These measures include the provision of stormwater detention areas to detain stormwater runoff, thereby allowing for increased infiltration and decreased potential for erosion and water quality degradation in the Farewell Creek Valley. The Study states that there should be no significant adverse impacts on the Farewell Creek Valley as the result of development. The Study also states that it provides a more detailed analysis of the subject site than the Gartner Lee Report, and concludes that the site "is ideally suited for development and consistent with the development constraints outlined by Gartner Lee ". A Storm Water Management Plan for the proposed development was submitted in conjunction with the Environmental Impact Assessment. 8. PLANNING HISTORY: 8.1 Based on the recommendations of the Gartner Lee Study, in May 1982, the Town approved a Neighbourhood Development Plan for Courtice X13 . .�. .� M. North Neighbourhood 3A which designated certain lands at the north end of the Neighbourhood as "Lands Subject to An Official Plan Amendment Application" (Attachment No. 3). These lands, which included all but the south eastern portion of the Tonno lands, corresponded to the "Open Space" area recommended by the Gartner Lee Study. The Town requested the Region to amend the Durham Regional Official Plan and the Darlington Township Official Plan to delete these lands from the Urban Area. The Town also advised the Region of its concern with respect to severe environmental sensitivities along the proposed alignment of Adelaide Avenue (Application OPA 82- 26 /D /ND). 8.2 In December 1983, Council considered a Staff Report which recommended that the Region be requested the Region to amend the Darlington Township Official Plan to remove a substantial area in Neighbourhoods 3A, 3B and 3C (Attachment No. 4), including the Tonno lands, from the Urban Area. These lands were identified by the Gartner Lee Study as being environmentally sensitive and not suitable for urban development. Staff also presented a draft Neighbourhood Plan for Neighbourhood 3B which reflected the revised urban boundary. Council resolved to refer the matter back to Staff for further review. Subsequently, in June, 1984, Council approved a Neighbourhood Development Plan for Neighbourhood 3B which indicated urban development to the existing urban boundary. 8.3 The Town's request to delete portions of the Courtice North Neighbourhood 3A from the Urban Area (Application OPA 82- 26 /D /ND) was denied by the Region of Durham in February, 1985. However, on the basis that an arterial road was not required along the northern ...9 '514 �. .� X61 boundary of the Urban Area, the Region approved amendments to the Durham Regional Official Plan and the Darlington Township Official Plan to delete Adelaide Avenue. The Neighbourhood Development Plan for Neighbourhood 3A has not been amended to delete Adelaide Avenue as as Arterial Road and to place appropriate land use designations on the lands previously proposed for removal from the Urban Area. 9. PUBLIC NOTICE• 9.1 Pursuant to the requirements of the Planning Act and Council policy, notice of the Public Meeting with respect to the subject rezoning and neighbourhood plan amendments submitted by William Tonno Construction was mailed to all property owners within 120m (394 ft.) of the subject site. A Public Notice sign was also posted along George Reynolds Drive in the vicinity of the subject lands. However, inasmuch as the subject site does not have frontage on a municipally maintained road and the surrounding lands are largely undeveloped, supplementary notice was also provided in the Newcastle Independent on November 1, 1989 and the Oshawa Times on November 2, 1989. 9.2 As of the writing of this report, no written submissions had been received from the public with respect to the subject applications. One telephone inquiry was received from an area resident expressing a concern with the development of lands which had been previously forested. 10. AGENCY COMMENTS: 10.1 In accordance with departmental procedure, the subject applications were circulated by both the Planning Department and the Region of ...10 515 REPORT NO.: PD- 291 -89 PAGE 10 Durham to various agencies for comment. The following agencies indicated no objection: Separate School Board Ontario Hydro Ministry of Transportation 10.2 The Town of Newcastle Community Services Department noted there was no need for a park block in the proposed subdivision inasmuch as a Neighbourhood Park had been provided elsewhere in the neighbourhood. The Department recommended that the 5% parkland dedication requirement be accepted as cash -in -lieu and that the two Open Space blocks be accepted gratuitously. 10.3 The Town of Newcastle Fire Department noted that the site falls within the recognized response area of Station No. 4 on Trulls Road, but that this application, in conjunction with the other growth planned for the Courtice Area, will put a strain on the level of service available to Courtice area residents. 10.4 The Public School Board noted that the volume of growth in this area cannot be accommodated by their present plans, but indicated that this objection would be reconsidered when a more comprehensive accommodation study has been completed by the Board. 10.5 The Central Lake Ontario Conservation Authority and the Ministry of Natural Resources indicated significant objections to the proposed development. 10.5.1 The Conservation Authority noted that their Environmental Sensitivity Mapping Project classifies the subject lands as exhibiting the highest level of environmental sensitivity. ...11 J PAGE 11 The Authority also referenced the recommendations of the Courtice Environmental Impact Analysis conducted by Gartner Lee Associates as they relate to the subject lands. The Authority further noted that the subject lands, as well as an extensive area north of the Courtice Urban Boundary, have recently been cleared of all vegetation. Although this represents a loss of significant forest and wildlife habitat and may have impacted upon the quantity /quality of groundwater contributions to the Farewell Creek, the vacant "Open Space" lands still provide some "buffering" between the developing areas of Neighbourhood 3A and the rural lands to the north and allow unimpeded wildlife movement between the Farewell Creek Valley and the Courtice Woods greenbelt. The "Open Space" function, although degraded by the land clearing activities, is not precluded and those environmental functions and attributes of the site which have been removed can re- establish in time, through natural succession or reforestation. The Conservation Authority indicated that, inasmuch as the proposed development does not appear to have incorporated the recommendations of the Courtice Environmental Impact Study, they could not support the application. 10.5.2 The Ministry of Natural Resources indicated their support for the "Environmentally Sensitive" designation on the subject lands based on the significance of Farewell Creek as a coldwater fishery resource. In this regard, the Ministry noted serious concerns with the compatibility of residential lots in such close proximity and within the valleylands of Farewell Creek. Of particular concern is the potential for ...12 1 PAGE 12 quality degradation of the creek as a result of an increase in untreated stormwater flow off of the developed area, especially during the on -site grading and construction phases. The Ministry requested that the proponent conduct an Environmental Impact Study for the lands and prepare a stormwater management report to address the intended means of conveying stormwater flow, the anticipated impact on water quality, and erosion and sedimentation control. The Ministry indicated that it will not withdraw its objection to the proposed development until such time as the requested information has been submitted and found to be satisfactory. 10.5.3 The Ministry of Natural Resources also contacted the Federal Department of Fisheries and Oceans with respect to the subject applications. The Department noted that coldwater stream habitat in this part of Ontario is continuously threatened by incremental loss. Inasmuch as the proposed subdivision would appear to result in the disruption, alteration and destruction of habitat in Farewell Creek, the Department indicated it would object to any proposal to change the current designation and zoning of these lands. Pursuant to the Fisheries Act and the Policy for the Management of Fish Habitat, the proponent is required to demonstrate that fish habitat will not be affected or can provide acceptable compensation for any habitat that is lost. 10.6 Comments remain outstanding from the following agencies: Town of Newcastle Public Works Department Region of Durham Works Department Ministry of the Environment ...13 UM 11. STAFF COMMENTS: PAGE 13 11.1 The major issue involved in the review of the subject applications to amend the Courtice North Neighbourhood Development Plan and the Comprehensive Zoning By -law relates to the environmental sensitivity of the subject lands. 11.1.1 Staff acknowledge the concerns of the Central Lake Ontario Conservation Authority, the Ministry of Natural Resources and the Federal Department of Fisheries and Oceans that the inappropriate development of the subject site will have a negative impact on Farewell Creek and result in the degradation of fish habitat. The subject lands also form a component part of a significant forest complex and wildlife habitat. 11.1.2 The Environmental Impact Analysis and Storm Water Management Plan submitted by the applicant proposes a number of measures to mitigate the negative effects of development on the subject site's sensitive environmental functions. Since this study was received only recently the Conservation Authority, the Ministry of Natural Resources and the Department of Fisheries and Oceans have not yet provided their comments on these studies. However, Staff have reviewed the Environmental Impact Report and are concerned that the Study may misinterpret the conclusions of the Courtice Environmental Impact Statement as they relate to the subject lands. In particular, Staff are concerned with the author's statement that the lands are "ideally suited for development and consistent with the development constraints outlined by Gartner Lee ". ...14 519 11.2 A second issue which relates to not only the development of the subject lands but all lands in the Courtice North Neighbourhood is the extension of Adelaide Avenue east of Townline Road. 11.2.1 Currently, Highway No. 2 is the only continuous east /west transportation artery serving the Courtice Urban Area. Eventually, the re- aligned Bloor Street will serve the residents of south Courtice. However, no continuous east /west artery is currently proposed to serve north Courtice. It is Staff's opinion that the need for a major east /west arterial to serve the northern area of Courtice should be re- examined given the current development pressures in the Courtice Urban Area. 11.2.2 The alignment of Adelaide Avenue as previously indicated in the Darlington Township Official Plan and as further defined by the Courtice West and the Courtice North Neighbourhood Development Plans, indicated that the road would cross Farewell Creek in the vicinity of McLean road and swing southeast through the Tonno lands to intersect with Trulls Road. The further processing of subdivision and rezoning applications in the Courtice North Neighbourhood may limit the possible alignments available for the Adelaide Avenue extension. 12. CONCLUSION• 12.1 The purpose of this report is to address the requirement of a Public Meeting pursuant to the requirements of the Planning Act and in consideration of comments outstanding, Staff recommend the application be referred back to Staff for further processing. ...15 W l) R... P,• A PD-291-89 PAGE 15 12.2 It is further recommended that Staff be authorized to undertake a Needs Study for the extension of Adelaide Avenue from Townline Road to Hancock Road, and that the processing of all subdivision and rezoning applications in the Courtice North Neighbourhoods north of Nash Road be withheld pending completion of the Needs Study and any subsequent Route Alignment Study. Respectfully submitted, Franklin Wu, M.C.I.P. Director of Planning and Development Recommended for presentation to the Committee Lawrence E. tseff, M.C.I.P. Chief Admin strative Officer JAS *FW *jip November 8, 1989 INTERESTED PARTIES TO BE NOTIFIED OF COMMITTEE AND COUNCIL'S DECISION: William Tonno Construction Ltd. 650 King Street East Suite 215 OSHAWA, Ontario L1H 1G5 D.G. Biddle & Associates Ltd. 96 King Street East OSHAWA, Ontario L1H 1B6 Mr. C. Conti Central Lake Ontario Conservation Authority 100 Whiting Avenue OSHAWA, Ontario L1H 3T3 Mr. David Bell Ministry of Natural Resources Lindsay District 322 Kent Street West LINDSAY, Ontario K9V 4T7 Mr. Serge Metikosh Federal Department of Fisheries & Oceans Bayfield Institute 867 Lakeshore road P.O. 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