HomeMy WebLinkAboutPD-113-90 TOWN OF NEWCASTLE
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PUBLIC MEETING By-Law #
SING, General Purpose and Administration Committee
DATE: Monday, April 2, 1990
REPORT #: PD- 113-90 FILE #: DEV 90-006 (X-REF 18T-90004 & 2.2 . 3( 10)
REZONING APPLICATION - KINGSBERRY PROPERTIES
PART LOT 31, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON
FILE: DEV 90-006 (X-REF 18T-90004 & 2.2.3(10)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD- 113-90 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 "Minor Open Space" and undesignated
lands shown as "Land subject to Offficial
Plan Amendment Application" to
"Residential" .
. . . . .2
REPORT NO. : PD- 113-90 PAGE 2
1.4 Rezoning Application: From "Urban Residential Type One - Holding
( (H)R1) and "Environmental Protection
(EP) " 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 one (1) ,
15. 0 metre (50 ft) single family
dwelling lot and nine (9 ) , 18 . 0 metre
(60 ft) semi-detached/link lots for
a total of 19 units
1 . 6 Land Area: 1.5 Ha (3. 7 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
1.5 Ha parcel of land immediately east of Trulls Road to allow for
the development of a 19 unit proposed plan of subdivision.
2 .2 The applicant has also submitted an application to the Region of
Durham for Plan of Subdivision ( 18T-90004) and a second application
to the Town for a Neighbourhood Plan Amendment (2 .2 . 3( 10) ) . 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 application encompasses the rear
portion of lands known municipally as 3328 Trulls Road. The
subject lands are approximately 42 .2 metres ( 135 ft) wide and
extend 357 .8 metres deep. The property is north of George Reynolds
Drive (Plan 1OM-823) , west of Trulls Road, east of Plan 1OM-826 and
. . . 3
REPORT NO. : PD-113 -90 PAGE 3
the extension of George Reynolds Drive, and south of proposed Plans
of subdivision 18T-89118, 18T-90003 and the north limit of the
Courtice Urban Area (see attached) .
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: strip residential development along the Trulls Road
frontage, the balance of the lands being vacant with two
(2 ) proposed plans of subdivision 18T-89118 and 18T-
90003;
East: the lands are vacant also having proposals for Plan of
Subdivision 18T-88057, 18T-89035 and 18T-88067;
South: there are vacant lands having a proposed Plan of
Subdivision 18T-89022 as well as an existing registered
residential Plan of Subdivision 10M 823; and
West: there is an existing registered residential Plan of
Subdivision 10M 826, and vacant lands are having 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
5 �� ;
REPORT NO. : PD- 11 -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" .
6 . 3 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
. . . .5
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1
REPORT NO. : PD- 11 r 9 0 PAGE 5
the Official Plan and subsequent Neighbourhood Development Plans
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 partially within the "Residential Special Policy
Area" and "Minor Open Space" designations and partially in an area
indicated as "Land Subject to Official Plan Amendment Application.
The Courtice North Neighbourhood Plan policies have not designated
different densities within Neighbourhood 113A" .
Lands identified on Schedule "3A" as "Residential Special Policy
Area" are indicative of sand or till soils and shallow water
conditions . Development within these designations may only proceed
provided that further studies, including but not limited to
hydrogeological studies, have been prepared to the satisfaction of
the Town.
A Type "B" Arterial Road traverses the southwest corner of the site
in a northwest to southeast direction.
. . . .6
_Y I. 1'
REPORT NO. : PD-113 -90 PAGE 6
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 'Environmental Protection (EP) ' . The
residential zone provision allows for single family dwelling units
as well as semi-detached/link units . The Environmental Protection
zone prohibits residential structures .
7 .2 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.
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
. . . .7
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REPORT NO. : PD-113-90 PAGE 7
the application. The Ministry notes 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 The subject application is proposing to link George Reynolds Drive
between plans 1OM-823 (south) and 1OM-826 (west) , as well as
continue the existing road pattern as developed through 1OM-823
and related Land Severance applications . The proposed housing type
would be in general conformity with the approved singles and semi-
detached/link residential units approved in the adjoining plans.
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 ( 10) , 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. . . . . 8
REPORT NO. : PD- 33 r90 PAGE 8
9 .4 The applicant must prepare and submit a hydrogeological study in
support of the application, in accordance with the above noted
neighbourhood plan policies for the "Residential Special Policy
Area" .
9 . 5 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.
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
ww
Franklin Wu, M.C. I.P. Lawrencd 9. Kotseff
DIrector of Planning Chief A inistrative
and Development Officer
CP*FW*cc
*Attach
26 March 1990
. . . .9
REPORT NO. : PD-113 -90 PAGE 9
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
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