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
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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
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