HomeMy WebLinkAboutPD-291-89A)'' 1_X 11 W4 �, ;, "
TOWN OF NEWCASTLE
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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.
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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.
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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
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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 ".
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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
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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.
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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
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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
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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
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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.
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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
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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
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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 ".
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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.
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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. Box 5050
BURLINGTON, Ontario L7R 4A6
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