HomeMy WebLinkAboutPD-37-91 t
TOWN OF NEWCASTLE
DN: 811461.gpa REPORT File
Res. #
By-Law #
PUBLIC MEETING
hEUING: General Purpose and Administration Committee
DATE: Monday, February 4, 1991
REPORT #: PD-37-91 FILE #: OPA 90-6/D/N; DEV 90-5; 18T-90002
SUBJECT: OFFICIAL PLAN AMENDMENT APPLICATION - FILE: 90-6/D/N
REZONING APPLICATION - FILE: DEV 90-5
811461 ONTARIO LIMITED
PART LOT 26, CONCESSION 2, FORMER TOWNSHIP OF CLARKE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-37-90 be received;
2 . THAT Official Plan Amendment Application 90-6/D/N and Rezoning
Application Dev 90-5 submitted by Macroplan Limited on behalf of
811461 Ontario Limited be referred back to Staff for further
processing and the preparation of a subsequent report upon the
receipt of all agency comments and the finalization of the Town's
comments on the Durham Regional Official Plan Review; 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: Macroplan Limited
1. 2 Owner: 811461 Ontario Limited
1 . 3 Official Plan Amendment: From 'Permanent Agricultural
Reserve' with 'Deferred Development
(d) ' symbol
To 'Urban Residential'
1 .4 Subdivision: 294 single detached lots
77 street townhouses
1. 3 ha (3 .2 acre) park block
(Attachment No. 1)
REPORT NO. : PD-37-91 PAGE 2
1 .5 Rezoning: From 'Agricultural Exception (A-1)
Zone'
To Urban Residential 'R11 , 'R2 ' and
'R3 ' Zones
1 . 6 Area: 26 . 05 ha (64 .4 acres)
2. LOCATION
2 . 1 Legal Description: Part Lot 26, Concession 2, former
Township of Clarke
2 .2 Relative Location: immediately north of C.P. Rail
line, east side of Arthur Street
(Attachment No. 2)
3. BACKGROUND
3 . 1 The subject rezoning application was received by the Town on
January 17, 1990 . The related Official Plan Amendment and
Subdivision applications were circulated by the Region of
Durham on January 29, 1990 .
3 .2 By letter dated March 2, 1990, Staff advised the applicant
that the Town would be withholding processing of the subject
rezoning and Official Plan Amendment applications pending
the submission of a Justification Report pursuant to the
Food Land Guidelines and a Servicing Feasibility Study for
the subject lands .
3 . 3 The requested reports were received by the Town on December
6, 1990. Staff circulated the subject applications on
December 10, 1990 .
4. EXISTING AND SURROUNDING USES
4 . 1 Existing Uses: Agricultural & woodlot
4 .2 Surrounding Uses : North - Agricultural
South - C.P. Rail line and urban
residential development in Newcastle
Village
East - Agricultural & woodlot
REPORT NO. : PD-37-91 PAGE 3
West - Agricultural and single family
residence
5. OFFICIAL PLAN POLICIES
5 . 1 Durham Regional Official Plan
5 . 1 . 1 The subject lands are currently subject to the policies of
the Regional Official Plan regarding land use in the
'Permanent Agricultural Reserve' . Agriculture and farm-
related uses are to be the predominant use of land in areas
so designated. With respect to the 'Deferred Development
(d) ' symbol, the Official Plan states that the policies of
the Permanent Agricultural Reserve shall apply until such
time as Regional Council has made the appropriate amendments
to include these areas for future development.
5 . 1. 2 The proposed development of the subject lands, if approved,
would be subject to the policies of the Regional Official
Plan relating to development in Small Urban Areas . The Plan
states that residential development shall be consistent with
the character of the Small Urban Area, and shall be fully
serviced with municipal sewer and water systems .
5 . 1. 3 The Official Plan further states that the submission of a
noise analysis may be required for proposed developments
which may be affected by excessive noise levels. This
analysis would address anticipated noise levels and possible
mitigative measures .
5 . 2 Town of Newcastle Official Plan
5 .2 . 1 The proposed development, if approved, would also be subject
to the policies of the Town of Newcastle Official Plan
relating to development in Newcastle Village. Residential
development in Newcastle Village is limited by the Plan to
low and medium density, with the overall average density not
to exceed fourteen units per net residential hectare. The
REPORT NO. : PD-37-91 PAGE 4
proposed development has a density of twenty units per net
residential hectare.
5 .2 .2 The Official Plan designates that portion of Arthur Street
south of the C.P. Rail line as a Collector. A Collector Road
is to have a width of 20 m ( 66 ft) to 26 m (86 ft) . The
proposed plan indicates Arthur Street as having a width of
20 m.
5 . 2 . 3 The Official Plan states that Neighbourhood Parks shall not
normally be less than 3 ha (7 .4 acres) in size, and shall be
provided on the basis of 0 . 8 ha per 1000 persons population.
Using an occupancy ratio of 2 . 9 persons per unit, 3 .2 ha (8
acres) of parkland would be required for the proposed
development. A 1. 3 ha (3 . 2 acre) park block is proposed by
the subject subdivision plan.
5 .2 . 4 The Official Plan requires all development applications in
proximity of railway lands to be accompanied by plans which
indicate appropriate noise attenuation and vibration
measures . The applicant has not submitted the required
documentation in this regard.
6. ZONING BY-LAW
6 . 1 The subject lands are currently zoned 'Agricultural
Exception (A-1) ' by Comprehensive Zoning By-law 84-63 . Lands
zoned 'A-1' are to be used primarily for agriculture and
other rural uses . Urban residential development is not
permitted.
6 .2 The subject rezoning application proposes to change the
zoning of the lands to the appropriate 'Urban Residential'
zones to permit the proposed development, specifically the
'R1 ' and 'R2 ' zones to permit the development of single
detached dwellings, and the 'R3 ' zone to permit the
development of street townhouses . From the information
REPORT NO. : PD-37-91 PAGE 5
provided by the applicant, the frontages and areas for the
proposed lots appear to comply with the relevant provisions
in the Zoning By-law.
7 . DRAFT CHANGES TO THE DURHAM REGIONAL OFFICIAL PLAN
7 . 1 Regional Planning Commissioner's Report 90-1 outlined a
number of proposed changes to the Durham Regional Official
Plan intended to accommodate growth in the Region and each
of its constituent municipalities, to the Year 2021.
Specifically with respect to Newcastle Village, the Report
recommended that most of the future growth in the community
be accommodated in a large block of land north of the C.P.
Rail line and west of Arthur Street, identified as 'Living
Area L9 ' (see Attachment 3) . The lands proposed for
development by the subject Official Plan Amendment and
Rezoning applications lie outside 'Living Area 'L91 .
7 .2 On January 29, 1991, the Regional Planning Committee
considered Commissioner's Report No. 91-P-1 which outlines
the changes to the Durham Regional Official Plan as
recommended by Regional Planning Staff . The actual date of
Planning Committee making a recommendation to Regional
Council on the proposed changes, and Regional Council 's
consideration of same, has yet to be determined.
7 . 3 With respect to Newcastle Village, Commissioner's Report No.
91-P-1 indicates all of Living Area "L9 " as originally
proposed as being included within the Urban Area. The
recommended target population is 27,000 persons . The
subject lands are not being proposed by the Region's staff
for inclusion within the Newcastle Village Urban Area
boundary. The Regional Planning Department has recommended
that this application be denied within the context of their
review of the Durham Region Official Plan.
� I
REPORT NO. : PD-37-91 PAGE 6
8. PUBLIC NOTICE
8 . 1 In compliance with the requirements of the Planning Act,
notice of the Public Meeting was mailed to all property
owners and tenants within 120 m of the subject property. In
addition, notices were hand-delivered to a number of new
residences along Andrew Street in Newcastle Village. Notice
of the proposed development and the Public Meeting was also
posted on the Arthur Street frontage of the subject lands .
8 . 2 No written submissions in respect of the proposed
development had been received as of the writing of this
report. One area resident has telephoned Planning Staff to
express her concern with the development of the lands for
urban residential uses .
9. TECHNICAL REPORTS
9 . 1 The applicant has submitted three reports in support of the
subject applications, as discussed below.
9 .2 Newcastle Village Residential Land Demand Study
9 .2 . 1 This Study is intended to fulfil the requirement for a
Justification Report pursuant to the Food Land Guidelines
and, as such, has been submitted to the Ministry of
Agriculture and Food for their review and comment. The Study
notes that population growth in the Town of Newcastle must
be assessed in the context of growth dynamics for not only
Durham Region, but the Greater Toronto Area as a whole. The
Study's conclusions are based upon the population
projections provided by Durham Region, although the Study
provides its own estimates regarding the distribution of
population growth within the Town. The forecast period used
in the Study is to the Year 2011.
9 .2 . 2 The Study projects a very rapid growth rate for the
"frontier" areas of the GTA such as the Town of Newcastle,
even during periods of modest growth for the Toronto Region
REPORT NO. : PD-37-91 PAGE 7
as a whole. The Study anticipates that the current urban
limits of Bowmanville and Courtice will be fully occupied
before the end of the forecast period, thereby increasing
the residential development pressures on Newcastle Village.
The Study estimates that, in the Year 2011, Newcastle
Village will have a population of 15,834 persons, which
would be 14 .4% of the total population projected for the
Town. The Study indicates that the supply of residential
land currently designated in Newcastle Village is
insufficient to accommodate this growth.
9 . 2 . 3 The Study concludes that the subject lands are appropriate
to accommodate future residential growth in that they abut
an existing residential area of the same character and
scale, and that their development would represent a logical
extension of the Newcastle Village community. It is also
argued that there are no physical or servicing constraints
to the development of the property.
9 . 3 Servicing Report
9 . 3 . 1 This Report concludes that the subject property can be
served by a gravity sanitary sewer system terminating at the
intersection of Arthur Street and the CPR tracks . The
existing sanitary collector on Arthur Street south of the
tracks has sufficient capacity to convey the flow to the
existing Graham Creek sewage treatment plant. The Report
indicated that the treatment plant has no spare capacity for
any population increase within or outside the existing urban
area boundary.
9 . 3 .2 The Report also notes that the northern boundary of the
water supply pressure zone which serves Newcastle Village
terminates along the CPR tracks . A new booster pumping
station and storage facilities will be required to serve a
new pressure zone north of the tracks . The existing water
i
REPORT NO. : PD-37-91 PAGE 8
treatment plant has sufficient capacity to satisfy demands
for a total population of about 9000 persons .
9 . 3 . 3 The Servicing Report has been submitted to the Region of
Durham Works Department and the Town of Newcastle Public
Works Department for their review and comment.
9 . 4 Stormwater Management Plan, Foster Creek
9 .4 . 1 This Report proposes the establishment of two stormwater
detention ponds, one to serve drainage to Foster Creek and
the other to serve drainage to Graham Creek. These ponds
would cover 0. 35 ha (0 . 86 acre) and 0 . 30 ha (0. 74 acre)
respectively. Each pond would control future flow rates to
existing levels up to the 1: 100 year storm. The Report also
noted that water quality controls through the use of wet
pond settling areas or infiltration methods may be
considered due to the sensitive nature of the downstream
receiving system.
9 .4 .2 The Stormwater Management Report has been forwarded to the
Town of Newcastle Public Works Department, the Ganaraska
Region Conservation Authority and the Ministry of Natural
Resources for their review and comment.
10. AGENCY COMMENTS
10 . 1 In accordance with departmental procedure, the subject
Rezoning application was circulated to various agencies for
comment. As well, the Region of Durham has advised the Town
of comments received through their circulation of the
related Official Plan Amendment and Subdivision
applications .
10 . 2 The following agencies have indicated no objection to the
subject applications :
Ministry of Transportation
Ontario Hydro
Newcastle Hydro Electric Commission
,_ C
REPORT NO. : PD-37-91 PAGE 9
10 . 3 The Town of Newcastle Fire Department noted that the subject
site falls within the recognized response area of Station
No. 2 in Newcastle Village, although response time would not
be ideal . The Department further noted that an expansion of
fire protection services may be required in the future to
serve the proposed growth for the Newcastle Village area.
10 .4 The Ganaraska Region Conservation Authority indicated no
objection to the proposed development provided that the
Authority has approved a surface drainage and erosion
control plan prior to the commencement of any construction
or grading activities . The Authority has not yet provided
comments on the Stormwater Management Plan submitted by the
applicant.
10 .5 The Ministry of Natural Resources indicated no objection to
the proposed development, but noted that the subject
property contains intermittent drainage swales of Foster
Creek. The Ministry is concerned with the impact of
increased sedimentation in Foster Creek and the Wilmot Creek
wetland resulting from the overland flow of drainage water
from the subject lands . The Ministry has not yet provided
comments on the proposed Stormwater Management Plan.
10 . 6 The Northumberland and Newcastle Board of Education noted
that capacity is available at the existing public school in
Newcastle Village for students from the proposed
subdivision. Sidewalks on main interior roads and on Arthur
Street are required.
10 . 7 The Ministry of the Environment has identified a serious
noise concern due to the site's proximity to the Canadian
Pacific rail line, and have advised that a noise impact
study should be prepared to the satisfaction of the Ministry
and the Town prior to draft approval of the subdivision
plan.
REPORT NO. : PD-37-91 PAGE 10
10 . 8 C.P. Rail has indicated its opposition to residential
development adjacent to its right-of-way, noting that the
safety and welfare of future residents could be adversely
affected by Railway activities . The Company has recommended
a number of measures, such as berms and minimum dwelling
setbacks, to mitigate the impact of railway operations .
10 . 9 The Town of Newcastle Community Services Department
indicated that the subject application is premature pending
a decision on revised boundaries for the Newcastle Village
Urban Area.
10 . 10 The Region of Durham Works Department has indicated that, in
order to provide municipal sewer and water services to the
subject lands, expansions to both the Graham Creek Water
Pollution Control Plant and the Newcastle Village Water
Supply Plant, would be required. As well, a new Zone II
water supply would need to be established north of the CP
Rail line, including booster pumping storage facilities and
feedermains . The Works Department indicated that it has no
current plans to provide these works . As well, the
Department has not yet provided comments on the Servicing
Study submitted by the applicant.
10 . 11 The Ministry of Agriculture and Food noted that the subject
lands are of high agricultural capability and, pursuant to
the requirements of the Food Land Guidelines, requires
justification for taking these lands out of agricultural
production. The Ministry has indicated it cannot support the
application to redesignate these lands pending the
submission and review of adequate written justification. The
Ministry's comments on the Justification Report submitted by
the applicant have not yet been received.
10 . 12 Comments have not been received from the following agencies:
Town of Newcastle Public Works Department
Separate School Board
REPORT NO. : PD-37-91 PAGE 11
11. STAFF COMMENTS
11. 1 The review of the proposed development at this time must
focus on whether the subject lands are required to
accommodate the new residential growth which is anticipated
for Newcastle Village and the Town of Newcastle as a whole.
The technical concerns with respect to such matters as
noise, sanitary sewer and water services and stormwater
management are clearly secondary considerations to the
determination of the need for additional urban lands in
Newcastle Village.
11 . 2 The 'Land Demand Study' submitted by the applicant concludes
that there is a need for additional land to be designated in
Newcastle Village to accommodate new residential growth to
the year 2011, and that the subject lands are suitably
located to accommodate a portion of this growth. The Study
estimates Newcastle Village's share of population growth in
the Town to the Year 2011, and provides an assessment of the
capacity remaining in lands currently designated for urban
development in Newcastle Village, Courtice and Bowmanville.
Staff note that these and other issues related to the supply
of and demand for residential land in the Town are to be
addressed through the Municipal Housing Statement currently
being prepared by consultants for the Town. Pending the
finalization of the Housing Statement therefore, Staff
cannot provide substantive comment on the analysis provided
in the Land Demand Study. In particular, staff would like
further information on the assumptions used in the
distribution of population growth.
11 . 3 The Land Demand Study makes no reference to the review of
the Durham Regional Official Plan which is currently
underway nor does it take into account other proposals for
additional urban residential land or intensification of
target densities (ie. Bramalea lands) . One of the primary
goals of the Regional Official Plan Review is to designate
I
REPORT NO. : PD-37-91 PAGE 12
sufficient lands to accommodate the new growth anticipated
to occur in Durham Region over the next 30 years . In this
regard, Regional Planning Staff are proposing, in
Commissioner's Report 91-P-1, that the subject lands not be
designated to accommodate population growth in Newcastle
Village to the Year 2021. As well, Staff note that the
subject lands were not proposed for inclusion in the
Newcastle Village Urban Area or in Newcastle Council 's
response to the Draft Changes .
12. CONCLUSIONS
12 . 1 The desirability of designating the subject lands for urban
residential development must be determined in the context of
the Review of the Durham Regional Official Plan. The Town's
comments on the "Recommended Durham Region Official Plan"
will be finalized prior to a decision being reached on the
subject applications .
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C. I .P. 4Chieflinistrative Kotseff
DIrector of Planning
and Development
JAS*DC*FW*df
*Attach
29 January 1991
Interested parties to be notified of Council and Committee's decision:
Mr. Joe Parshan Mr. Max Sherman
811461 Ontario Limited Macroplan Limited
111 Gordon Baker Road 530 Wilson Avenue
Suite 414 Suite 202
Willowdale, Ontario Downsview, Ontario.
M2H 3R1 M3H 1T6
Ms . Poppy Black
220 Arthur Street
Newcastle, Ontario � � L
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RECOMMENDED EXPANSION AREAS
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DURHAM REGION OFFICIAL PLAN REVIEW