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HomeMy WebLinkAboutPD-4-91 TOWN OF NEWCASTLE REPORT File DD-PNT.GPA Res. # ((�_ :�.'-,.-`_. ..�-�-_�tt. By-Law # PUBLIC MEETING hEETING: General Purpose and Administration Committee DATE: Monday, January 7, 1991 REPORT #: PD- 4 -91 FILE #: DEV 90-082 SUBJECT: REZONING APPLICATION - CREDIT POINT DEVELOPMENTS PART LOTS 8 & 9, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 90-082; CROSS-REFERENCE 18T-89056 (REVISED) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 4 -91 be received; 2 . THAT Rezoning Application DEV 90-82 submitted by G.M. Sernas and Associates on behalf of Credit Point Developments be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments and the completion of the necessary studies and planning documents as detailed in Section 11 of this report; and 3 . THAT the interested parties listed in this report and any delegation be advised of Council 's decision. 1. APPLICATION DETAILS 1. 1 Applicant: G.M. Sernas & Associates Limited 1.2 Owner: Credit Point Developments (John Szasz) 1. 3 Subdivision: Single Family Detached - 151 Units Single Family Linked - 152 Units Semi-Detached - 140 Units Street Townhouses - 154 units Medium Density Block - 175 units School Block - 2 . 0 ha (5 acres) Open Space Block - 24 . 8 ha (61 . 3 acres) 1 � REPORT NO. : PD- 4 -91 PAGE 2 1.4 Rezoning: From 'Agricultural (A and A-1) To 'R11 , 1R2 ' and 'R3 ' to implement subdivision 1.5 Area: 68 .2 ha ( 168 . 5 acres) 2 . LOCATION 2 . 1 Legal Description: Part Lots 8 and 9, Concession 3, former Township of Darlington (Attachment No. l) 2 . 2 Relative Location: North of Concession Road 3, east and west of Mearns Avenue 3 . EXISTING AND SURROUNDING USES 3 . 1 Existing Use: Agricultural and Thistle Valley Park Campground 3.2 Surrounding Uses : North - Agricultural and Vacant South - Rural Residential and Vacant; designated 'Urban Residential" East - Agricultural and Vacant West - Agricultural and Vacant 4 . BACKGROUND 4 . 1 In May 1989, the applicant submitted Official Plan Amendment application 89-61/D and Subdivision Application 18T-89056 to the Region of Durham to permit the development of an 85 lot estate residential subdivision on the subject lands . Rezoning Application DEV 89-81 was concurrently submitted to the Town. A revised Subdivision Plan proposing 88 estate residential lots was submitted in November 1989 . 4 .2 A Public Meeting in respect of Official Plan Amendment Application 89-61/D and Rezoning Application DEV 89-81 was held on December 4, 1989 . Staff recommended that these applications, as well as the related Subdivision Application, be denied. At Council on December 12, 1989, the motion to adopt Staff's recommendation was lost. On February 12, 1990, r' L� REPORT NO. : PD- 4 -91 PAGE 3 Council resolved that the subject applications be tabled pending the completion of the Regional Official Plan Review. 4 . 3 In September 1990, the Region advised the Town of the submission of a revised Subdivision Application for the subject lands which proposed the development of the lands for urban residential purposes (Attachment No.2 ) . To date, the Region has not required the applicant to submit a revised Official Plan Amendment application to reflect the current proposal. 4 .4 Staff advised the applicant that, inasmuch as Rezoning Application DEV 89-81 relates to the original application for estate residential development, a new Rezoning Application would be required to reflect the current proposal for urban residential development. The subject rezoning application was received by the Town on October 4, 1990 . 5. OFFICIAL PLAN POLICIES 5 . 1 Durham Regional Official Plan 5 . 1. 1 The majority of the subject site is designated 'Major Open Space' by the Durham Regional Official Plan, with the extreme southern portions designated 'Permanent Agricultural Reserve' . A 'Deferred Development (d) ' symbol is indicated for the Permanent Agricultural Reserve lands north of the Bowmanville Urban Area east and west of Regional Road 14 . The lands adjacent to Soper Creek, as well as much of the northern area of the site, are indicated by the Official Plan as being 'Environmentally Sensitive' . There is also an indication of 'Hazard Lands ' adjacent to Soper Creek and on other areas of the site. 5 . 1. 2 The Official Plan states that the extent and exact location of lands identified as being 'Environmentally Sensitive' shall be determined at the time of development applications . Emphasis is given to retaining such areas in a natural state ) L REPORT NO. : PD- 4 -91 PAGE 4 wherever possible, although development may be permitted provided that it is compatible with the environmental conditions or that measures have been undertaken to mitigate any resulting negative environmental impact. As well, prior to approving a development application within an environmentally sensitive area, the area municipal Council, in consultation with the Region, the Conservation Authority and the proponent, shall undertake a study to identify, among other conditions, the type and degree of environmental sensitivity, the compatibility of the proposed development, and any necessary mitigative measures . 5 . 1 . 3 Lands identified as 'Hazard Lands 'associated with the Soper Creek, are primarily for the preservation and conservation of the natural environment. The extent and exact location of Hazard Lands is to be determined in the respective zoning by-laws . 5 . 1 .4 The Regional Official Plan identifies Mearns Avenue south of Concession Road 3 as a 'Type B Arterial Road' . Arterial roads are intended as limited access roads to facilitate traffic movement between major land use activities, and are to have a right-of-way width ranging from 26 m (86 ft. ) to 36 .5 m ( 120 ft) . The proposed subdivision plan indicates a right-of-way width of 20 m (66 ft. ) for Mearns Avenue, with a number of lots proposed to have direct access onto the road. 5 .2 Town of Newcastle Official Plan I 5 .2 . 1 The subject lands are outside the Bowmanville Urban Area at the present time. The proposed development would be subject to the policies of Section 7 should the subject lands be incorporated into the Bowmanville Urban Area. I REPORT NO. : PD- 4 -91 PAGE 5 5. 2 .2 The Official Plan encourages the development of a range of housing types and tenure arrangements in order to provide accommodation for households of differing socio-economic characteristics . The density of development on lands designated 'Low Density Residential Development' is not to exceed 30 units per net residential hectare. Medium Density development is to develop at a density of between 30 and 55 units per net residential hectare and is to be located in proximity to facilities and services such as shopping, schools, parks and transportation. The general location of Medium Density sites is to be indicated on the land use schedule for Bowmanville. 5 .2 . 3 The Official Plan requires appropriate parkland to be provided for new residential developments . Neighbourhood Parks are generally to be provided on the basis of 0. 8 ha (2 acres) per 1000 persons population. Based on an average occupancy ratio of 3 persons per unit, approximately 1.86 ha (4 . 6 acres) of parkland should be provided within the proposed subdivision. No park block is proposed by the subdivision plan, although 24 .8 ha (61. 3 acres) of Open Space is proposed. However, the Official Plan states that, where new development is proposed on a site part of which is Hazard Lands or Environmentally Sensitive, such lands may not be acceptable for park dedication purposes . 5 .2 . 4 An Environmental Impact Analysis is to conducted for lands identified by the Official Plan as being environmentally sensitive for which development is proposed. This Analysis is to be conducted by or under the direction of the Town and is to include a detailed description of the physical and biological characteristics of the site, a description of the type and degree of environmental sensitivity, recommended mitigative measures and the delineation of those sensitive areas which should be preserved. ) ) I REPORT NO. ; PD— 4 —91 _ PAGE 6 6 . ZONING 6 . 1 Most of the subject site is zoned 'Agricultural (A) ' , while the extreme southern portion is zoned 'Agricultural (A-1) ' to reflect the extent of the lands designated Permanent Agricultural Reserve. An 11.5 ha (28 . 5 acre) area in the southeastern portion of the site is zoned 'Agricultural (A- ll) ' which permits the lands to be used for a trailer camp or park. The lands associated with Soper Creek, as well as one of its tributaries, are zoned 'Environmental Protection (EP) ' . 6 .2 Consideration of any proposal for rezoning is dependent on the redesignation of the subject lands for urban uses . Amendments to the Durham and Town of Newcastle Official Plans are required prior to rezoning. 6 . 3 The plan proposes to develop 152 linked single family dwellings . These dwellings share a common foundation, but differ from linked semi-detached dwellings in that more than two units are joined at the foundation. Such units are not currently recognized within By-law 84-63 . Accordingly, in order for these units to develop, the by-law will need to be amended to include a definition and appropriate zone provisions . 7 . CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY ENVIRONMENTAL SENSITIVITY MAPPING PROJECT 7 . 1 In 1977, CLOCA retained the consulting firm of Gartner Lee Associates Limited to prepare an inventory of environmentally sensitive lands within the Authority's watershed. The results of the study, presented in 1978, formed the basis of Amendment No. 19 to the Durham Regional Official Plan by which environmentally sensitive areas were identified and supporting policies were incorporated into the Plan. ) ) c REPORT NO. ; PD- 4 -91 PAGE 7 7 .2 The Environmental Sensitivity Mapping Project identified the lands in Concession 3 north of Bowmanville as exhibiting moderate environmental sensitivity. These lands mainly consist of the unforested portions of the Lake Iroquois shoreline and contain groundwater resources and in places supply baseflow to nearby streams . Development proposals must be considered in light of their possible effects on groundwater quality and supply. These lands may tolerate some degree of disturbance but intensive land uses may or may not be incompatible. 7 . 3 The Salem Hills, which occupy the northeast portion of the subject site, were identified by Gartner Lee Associates Ltd. as exhibiting moderately high sensitivity. This area is significant because of its wildlife resources and its position adjoining a seepage zone feeding Soper Creek tributaries. A large variety of birds, many found in no other habitat, and uncommon game birds and mammals, have been sighted here. The Study concluded that generally, intensive land uses or those with a high potential for environmental impact, could be incompatible. 7 . 4 The Gartner Lee Study also indicated the Soper Creek valley through the subject site as exhibiting high environmental sensitivity. This stretch of the creek allows unobstructed access to fish spawning grounds and nursery areas further upstream. The Soper Creek is an important tourist attraction for sport fisherman. Its continued natural habitat features is dependent on protection of base flow from seepage zones and good forest cover. 8 . PUBLIC MEETING AND SUBMISSIONS 8. 1 Previous Application 8. 1 . 1 The owner of lands to the north of the subject submitted a letter of concern with respect to the original rezoning and � 1 , REPORT NO. : PD- 4 -91 PAGE 8 official plan amendment applications . He indicated a concern with the proposed closing of Mearns Avenue and the possibility of trespassers from the proposed residential development. 8 . 1. 2 At the Public Meeting for the previous rezoning application on December 4, 1989, a resident of the trailer park expressed concerns regarding the environment and the possible loss of the trailer park as the result of this development. The owner of lands to the north of the site expressed a concern that the development would adversely affect wildlife and that the closing of a portion of Mearns Avenue as proposed would hinder access to the southern portion of his property. An owner of property adjacent to the subject site indicated he had no objection to the rezoning application and would prefer it to the existing trailer park. 8 . 2 Subject Rezoning Application 8 .2 . 1 Pursuant to the requirements of the Planning Act and Council policy, notice of the Public Meeting with respect to the subject rezoning application was mailed to property owners within 120 m of the site. Public Notice signs were also posted on the Concession Road 3 frontage and the Mearns Avenue frontage of the subject site. 9 . AGENCY COMMENTS 9 . 1 In accordance with departmental procedure, the rezoning and subdivision applications were circulated by the Planning Department and the Region of Durham respectively to various agencies for comment. The following agencies have indicated no objection: Ontario Hydro Ministry of the Environment ) ) REPORT NO. ; PD- 4 -91 PAGE 9 9 .2 . 1 The Ministry of Natural Resources noted that the subject property is traversed by the main branch of the Soper Creek, two permanently flowing tributaries and numerous intermittent tributaries . Soper Creek is a significant coldwater stream. Wooded ravines which serve as drainage areas for the property act as coldwater source areas for the Creek as well as providing wildlife habitat, and should be protected from adjacent development activities . Specifically, vegetated slopes should be preserved to allow cool water temperature to remain regulated. The Ministry supports the designation of the wooded ravines as 'Open Space' blocks as indicated by the proposed subdivision plan. 9 .2 .2 The Ministry is also concerned with preventing untreated stormwater from entering the tributaries and subsequently the main branch of Soper Creek. In this regard, the submission of a stormwater management plan and a preliminary erosion and sedimentation control report to the Ministry and the Conservation Authority is recommended. 9 . 3 The Public School Board noted that capacity is not presently available within existing schools to accommodate students from the proposed subdivision. The proposed school site is not acceptable due to the presence of steep slopes and its location on a dead-end street. Sidewalks are required on interior subdivision roads and on Mearns Avenue and 3rd Concession. 9 .4 The Town of Newcastle Fire Department noted that the subject site falls within the response area of Station No. l in Bowmanville. The department's future plans include a station in the area at Liberty and 3rd Concession Road. 9 .5 Comments on the subject rezoning and subdivision applications remain outstanding from the following agencies : 7 > REPORT NO. : PD- 4 -91 PAGE 10 Town of Newcastle Public Works Department Town of Newcastle Community Services Department Region of Durham Works Department Region of Durham Planning Department Central Lake Ontario Conservation Authority Separate School Board Bell Canada Canada Post Corporation Rogers Cable T.V. Consumers Gas 10 . STAFF COMMENTS 10 . 1 Regional Planning Commissioner's Report 90-1 presented the Draft Changes to the Durham Regional Official Plan as proposed by the Region of Durham Planning Department. Report 90-1 proposed to include approximately 300 ha ( 750 acres) of land north of Concession Road 3 between Regional Road 57 and Soper Creek within the Bowmanville Urban Area (proposed Living Area 'L61 ) . The northern and easterly portions of the subject site lies outside the limits of Area 'L6 ' (see Attachment No. 3) . 10 .2 Staff's proposed comments on the Durham Regional Official Plan Review as presented in Report PD-311-90 were considered by Committee at its meeting of November 5, 1990 . In the Report, Staff recommended that future expansions to the Bowmanville Urban Area be to the east and west, rather than to the north, to round out the community's boundaries . In it consideration of Report PD-311-90, Committee resolved to recommend to the Region that Area 'L6 ' be included as part of the Bowmanville Urban Area. 11. CONCLUSIONS 11. 1 The subject application would represent a significant expansion to the Bowmanville Urban Area beyond the limits of proposed Living Area 'L61 , and proposes the development of lands identified as 'Environmentally Sensitive' by the REPORT NO. : PD- 4 -91 PAGE 11 Regional Official Plan and CLOCA's Environmental Sensitivity Mapping Project. 11 .2 Should proposed Living Area 'L6 ' be approved by Regional Council and in the absence of an Official Plan Amendment application, the subject subdivision application will need to be amended to delete that portion of the site which lies outside Area 'L61 . 11. 3 Notwithstanding the above, prior to further consideration of the subdivision and rezoning applications, three items need to be addressed: i) an Environmental Impact Analysis in accordance with the provisions of the Durham Region Official Plan; ii) the Review of the Town of Newcastle Official Plan must be undertaken to incorporate new expansion areas; and iii) a comprehensive Neighbourhood Plan indicating road patterns, the location of schools and parks and other details of community structure should be completed and approved by Town Council. It is anticipated that this process would take a minimum of three years . Staff will continue to process the subdivision and rezoning but is unlikely to be in a position to make any recommendation until such time the above matters are addressed. REPORT NO. ; PD- 4 -91 PAGE 12 Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. LawrencVi�istrative Kotseff DIrector of Planning Chief A and Development Officer JAS*DC*FW*df *Attach 12 December 1990 Interested parties to be notified of Council and Committee's decision: Mr. Scott Kapuscinski Mr. Michael Doyle G.M. Sernas and Associates Limited P.O. Box 164 110 Scotia Court, Unit 41 Bowmanville, Ont. Whitby, Ontario L1C 3K9 L1N 8Y7 Mr. John Szasz Mr. Barry Welsh Credit Point Developments Ltd. P.O. Box 383 2350 Doulton Drive Bowmanville, Ontario. Mississauga, Ontario L1C 3K2 L5H 3M3 Mr. Edward Brenton Darch R.R. # 4 Bowmanville, Ontario L1C 3K5 Mr. Jamie R. Smith P.O. Box 475 Bowmanville, Ontario L1C 3K5 Mr. Wayne Bradley R.R. # 4 Bowmanville, Ontario L1C 3K5 Ms . Evylin Stroud 89 Little Avenue Bowmanville, Ontario L1C 1J9 Mr. William DeVries R.R. # 4 Bowmanville, Ontario L1C 3K5 Attachment No. 1 ® SUBJECT SITE 12 11 10 9 8 7 6 5 TAUNTON ROAD i wt, Z N� 3 0 i A EP W w i V ' Z a w a 0 0 RC CONC. RD. 4 ' Ass u� A A z ; Z o w i a 00 o EP i A-1 Z W(n W w V 1 oZ Al co EP 0 0 i aV CONCESSION ROAD 3 o = soo ,000n, KEY MAP 500f" 0 Dev. 90-082 LOT 9 Attachment No. 2 --y STREET 1 y ✓ _ ' LOT 8 reerinl3as V_ ft �'S' r �f � � ! ° it t•',r. t . _ � ! r � ! , X f � f6. ' '�./�c� r �r t~'9 ! � �F._ — z e t .t Y Y]Y a:] Y Y= � \�•\\`� a t � t c _{ STREET p t t!. t`t \ Z r V I W Z O V 1 !E g A 5a IW 1 i IZ CONCESSION ROAD 3 I I I Dev. 90-082 18T-89056 Attachment No. 3 ® SUBJECT SITE •••••• PROPOSED LIVING AREA "L6" 12 11 10 9 8 7 6 5 TAUNTON ROAD ! �- s A � Z N1 3 1 o _ ;A-1 — N A EP u1 V 1 i w a , , l Z Qo ' RC W ' 0 CONC. RD. 4 W, A�8 .i A z i Z w , A c 00 a M 1 w � � a - ...: ...... " cc A-1 Lij Z w V A N 0Z EP a f 0 U *9004 L CONCESSION ROAD 3 0 zso X0 1000M KEY MAP wol" 0 Dev. 90-082 O.P.A. 89-61 /D