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HomeMy WebLinkAboutPD-114-90 TOWN OF NEWCASTLE ;�� :,,f•, �T DN: DEV90007 REPORT File # L _ x Res. # By-Law # P U B L I C M E E T I N G hEUING: General Purpose and Administration Committee DA-1E: Monday, April 2, 1990 REPORT #: PD- 114-90 FILE #: DEV 90-007 (X-REF 18T-90003 & 2 .2 .3(11) � � . REZONING APPLICATION - KINGSBERRY PROPERTIES PART LOT 31, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 90-007 (X-REF 18T-90003 & 2.2.3(11) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PD-114-90 be received; 2 . THAT application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by D.G. Biddle and Associates on behalf of Kingsberry Properties be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; 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: Kingsberry Properties 1 .2 Agent: D. G. Biddle and Associates Limited 1. 3 Neighbourhood Plan Amendment Application: From an undesignated area indicated as "Lands Subject to Official Plan Amendment Application" to "Residential" . 1.4 Rezoning Application: From "Agricultural (A) " and "urban . .2 REPORT NO. : PD-114 -90 PAGE 2 Residential Type One - Holding ( (H)R1) " to an appropriate zone to permit the development of a proposed Plan of Subdivision. 1.5 Proposed Plan of Subdivision: to permit the creation of fourteen ( 14) , 15 .0 metre (50 ft) single family dwelling lot and fifty-one (51) , 18 . 0 metre (60 ft) semi- detached/link lots for a total of 116 residential units. 1. 6 Land Area: 6 . 13 Ha ( 15. 14 Acres) 2. BACKGROUND 2 . 1 An application was received by the Town of Newcastle Planning and Development Department on February 2, 1990, proposing to rezone a 6 . 13 Ha parcel of land immediately east of Trulls Road to allow for the development of a 116 unit proposed plan of subdivision. 2 .2 The applicant has also submitted an application to the Region of Durham for Plan of Subdivision ( 18T-90003) and a second application to the Town for a Neighbourhood Plan Amendment (2 .2 . 3( 11) ) . The three applications have been circulated concurrently by Town Planning Staff. 3 LOCATION 3. 1 The subject property is located in Pt. Lt. 31, Conc. 3, former Township of Darlington. The lands have been pieced together through rear yard severance applications and are the rear portion of lands known municipally as 3384 to 3452 Trulls Road. The subject lands are approximately 172 .0 metres (565 ft) wide and extend 357 . 8 metres deep. The property is north of George Reynolds ...3 i) � 1 REPORT NO. : PD=I-14 -90 PAGE 3 Drive, west of Trulls Road, east of Plan 1OM-826 and 18T-89055, and south of the current Courtice north urban boundary. 4 EXISTING AND SURROUNDING USES 4 . 1 The subject land is vacant of any structures and has recently had the majority of its vegetation removed. 4 .2 Surrounding land uses include: North - limited strip residential development to the north along the Trulls Road frontage, as well as scrub vacant lands; East - Across Trulls Road are vacant lands owned by the applicant and also recently stripped of vegetation. There is a proposal for a Plan of Subdivision 18T-88057; South - there are a number of proposed Plan of Subdivision 18T- 89118, 18T 90004 and 18T-89022 as well as an existing residential subdivision; West - there is a proposed Plan of Subdivision 18T-89055. 5 PUBLIC MEETING AND RESPONSE 5. 1 Pursuant to Council's policy and the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. In addition the appropriate notice was mailed to each landowner within the prescribed distance. As of the writing of this report no letters have been received either in support or in opposition to the application as submitted. . . . 4 f 5 REPORT NO. : PD- 1-14-90 PAGE 4 6 OFFICIAL PLAN POLICIES 6 . 1 The Durham Regional Official Plan designates the subject land 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 with the Region and the Conservation Authority, in consultation with the proponent. 6 .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 33 units per net residential hectare and would therefore fall within the density range of "Medium 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 . . . .5 REPORT NO. : PD- 114-90 PAGE 5 shall be re-assessed and alternative land use concepts analyzed, in light of the recommendation 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. 6 . 3 The Courtice North Neighbourhood Plan, Schedule 113A" , identifies the lands as being in an area indicated as "Land Subject to Official Plan Amendment Application" . The Courtice North Neighbourhood Plan policies have not provided a designation for said land. 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 Analysis as prepared by Gartner Lee. 7 ZONING BY-LAW PROVISIONS 7 . 1 Within the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, the subject lands are zoned 'Urban Residential Type One - Holding ( (H)Rl) ' and 'Agricultural (A) ' . The residential zone provision recognizes the existing residential dwellings on Trulls Road and allows for single family dwelling units as well as semi- detached/link units . The applicant must provide the necessary supporting documentation in order to have the "EP" zone changed to a residential zone. The application would appear to comply with the residential zoning, the 'holding (H) ' symbol to be removed upon execution of the subdivision agreement. . . . . 6 x, 17 REPORT NO. : PD- 114-90 PAGE 6 8 AGENCY COMMENTS 8. 1 The subject application was circulated to a number of agencies and departments for comment. To date a number of agencies have yet to respond these include: the Town of Newcastle Public Works; the Central Lake Ontario Conservation Authority; the Public School Board; the Separate School Board; Regional Planning; Regional Public Works; the Ministry of the Environment and Ontario Hydro. 8 .2 The Newcastle Fire Department advised the subject lands would be within the recognized response area of station # 4, Courtice and has an approximate response time of 3 to 4 minutes . 8 .3 The Town of Newcastle Community Services Department advise that the planned population of the subject application would be served by the neighbourhood park located on Devondale Street. Community Services Staff have no objection subject to a five percent (5%) cash-in-lieu of parkland dedication. 8.4 The Ministry of Natural Resources Staff provided no objection to the application, although the comments do note the importance of the subject lands as a headwaters source of the Farewell Creek. In order to prevent any detrimental impacts to the Creek, the Ministry will require the implementation of an effective stormwater management through the conditions of draft approval for 18T-90004. 8.5 The Ministry of Agriculture and Food has advised they have no objection to the subject rezoning. 9 STAFF COMMENTS 9 . 1 In accordance with the provisions of the Durham and Town of Newcastle Official Plan, the Town engaged Gartner Lee in 1980 to prepare an environmental impact analysis for the Courtice North Neighbourhood. The subject lands were determined to be . . . .7 II , REPORT NO. : PD-i14 -90 PAGE 7 environmentally sensitive with forested headwater areas of numerous feeder streams and areas possessing unusual biological attributes. A shallow water table and numerous wetlands were noted. The "open space" designation recommended for this area was to recognize a component part of a significant forest complex and to provide a buffer to the more sensitive areas to the north. 9 .2 The subject lands are within Neighbourhood "3A" as noted previously and therefore subject to a Council resolution dating back to November 1989 . Said resolution authorized Staff to further investigate the need for the easterly extension of Adelaide Ave. from Townline Road to Hancock Road, and further that no decisions be made on all existing and future subdivision and rezoning applications in Courtice Neighbourhoods 3A, 3B and 3C north of Nash Road pending the results of the Needs Study for the Adelaide Ave. extension and any subsequent Route Alignment Study. 9 . 3 In reviewing the application for Neighbourhood Plan amendment 2 .2 . 3( 11) , it is noted that currently the Courtice North Neighbourhood Plan does not illustrate a development concept for the lands north of George Reynolds Drive. The applicant therefore, in conjunction with surrounding applications, must present a development concept which provides for the Adelaide Street extension, as well as other municipal amenities to the satisfaction of Staff and Council. 9 .4 Staff are presently reviewing the neighbourhood population target in terms of the impact of said application, on the existing and approved developments, in comparison to the 2300 person population target. Should said target be achieved through prior approvals, an application for Official Plan Amendment will be required by the applicant to amend the population target to permit said application to proceed. . . . . 8 1 REPORT NO. : PD- 114-90 PAGE 8 10 CONCLUSION 10 . 1 The purpose of this report is to facilitate the Public Meeting as required by the Planning Act, to provide Committee and Council with some background on the application submitted and for Staff to indicate areas of concern regarding the subject application. A recommendation report will be forwarded to Committee/Council at such time all outstanding comments are received and concerns addressed. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. Lawrenc Kotseff DIrector of Planning Chief A nistrative and Development Officer CP*FW*cc *Attach 26 March 1990 Interested parties to be notified of Council and Committee's decision: Mark Foley Kingsberry Properties 319 College Avenue P.O. Box 11 OSHAWA, Ontario L1H 7K8 D. G. Biddle and Associates Ltd. 96 King Street East OSHAWA, Ontario L1H 1B6 IN WO T •�ijlt sf i � DRAFT PLAN-.OF PROPOSED SUBDIVISION':.• PART OF LOT 31. CONCESSION 3 LFORMERLY THE TOWNSHIP OF BARLINCTONI . TOWN OF NEWCASTLE n0 REGIONAL MUNICIPALITY OF DURHAM KEY+PLAN ---�' ( f 4 - x - ' -------•�---- J��-9- - ; _ jj5 - ----e--- -- - --- +;Sg BLOCK 74 FV F MA/O£AV£• £X£NS/ON s . • -------- - - --- -- ---- ---- - DINER'S CERT1F1LATE . 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