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HomeMy WebLinkAboutPD-46-88 DN: 46-88 TOWN OF NEWCASTLE REPORT File #&,rt) : � Res By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, February 15, 1988 REPORT #: PD-46-88 FILE #: OPA 87-55/N, OP 2.2.1(6) & DEV 87-62 SUBJECT: OFFICIAL PLAN AMENDMENT - FILE: OPA 87-55/N NEIGHBOURHOOD DEVELOPMENT PLAN - FILE: OP 2.2.1(6) REZONING APPLICATION - FILE: DEV 87-62 APPLICANT: WAYNE BOLAHOOD PART LOT 34, CONCESSION 2, COURTICE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-46-88 be received; and 2. THAT the applications for Official Plan Amendment - File: 87-55/N, and Neighbourhood Development Plan Amendment - File: OP 2.2.1(6) submitted by Wayne Bolahood to permit the development of four (4) condominium apartment buildings and commercial facilities in Part Lot 34, Concession 2, Courtice be approved in principle; and 3. THAT application for rezoning DEV 87-62 be approved in principle and the necessary By-law amendment forwarded to Council at such time as the Region of Durham has approved the subject Official Plan Amendment; and 4. THAT the appropriate amendment schedules be prepared and submitted to the next General Purpose and Administration Committee meeting; and 5. THAT a copy of Report PD-46-88 be forwarded to the Region of Durham; and 6. THAT the applicant and the applicant's agent be so advised. . . .2 REPORT NO. : PD-46-88 PAGE 2 ------------------------------------------------------------------------------- BACKGROUND AND COMMENTS: On July 30, 1987, the Town of Newcastle Planning Department received applications from Mr. Wayne Bolahood to amend By-law 84-63 and the Courtice West Neighbourhood Development Plan. Subsequently, on August 11, 1987, the Town was advised by the Regional Planning Department of an application submitted by Mr. Wayne Bolahood to amend the town of Newcastle Official Plan. The subject applications seek to develop four (4) condominium apartment buildings with a total of 333 units and 1390 square metres of associated commercial uses including a recreation facility, offices and a restaurant on a 3.19 hectare parcel of land in Part Lot 34, Concession 2, in Courtice. The remainder of the applicant's lands which has an area of 7.17 hectares and lies adjacent to Farewell Creek, is to be developed as passive open space. The lands proposed for development are designated "Low Density Residential" by both the town of Newcastle Official Plan and the Courtice West Neighbourhood Plan. Policies in those documents limit densities on lands so designated to 15 units per net residential hectare. The proposed development would have a density of 143 units per net hectare. Staff would note that the proposal would also exceed the maximum of 80 units per hectare permitted for High Density Residential uses. The official Plan and Neighbourhood Development Plan also states that high density residential uses shall be located in, or adjacent to, the Courtice Community Central Area. The remainder of the applicant's lands are designated as "Major Open Space". The development site, as well as the valleylands, are zoned as "Holding-Urban Residential Type one ( (H)Rl)II and "Environmental Protection (EP)II respectively in the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended. Staff would note that the zoning would also be amended to reflect the increase in density. Staff would note for the Committee's information that, pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. 3 REPORT N0. : PD-46-88 PAGE 3 ---------------------------------------------------------------------------- _____ In accordance with departmental procedures, the subject applications were circulated to obtain comments from other departments and agencies. The following is o summary of the comments received: 9omvo of Newcastle Public Works tnxa t "In response to your memo, please be advised that our comments relate only to the application for High Density and Rezoning, since the site plan submitted is conceptual and does not provide sufficient details for site plan comments (e.g. servicing) . We have reviewed the above-noted applications and find we have no objection in principle to this proposal subject to the following oVuoecuo being satisfied: l. Storm Drainage of this site would be accommodated by a private storm sewer / system which would collect on site drainage and outfall to Farewell Creek. Details of the storm sewer system would be reviewed at the site plan design stage of this development. Since the ground water table in this area is sensitive, any underground trench work (building and/or servicing construction) may affect base flow to the creek. In light of the above fact and the construction of other services in the area, careful monitoring of the water table in required by the use of Piezometezo, strategically located by a HydcogenIogiot. 2. Our main concerns are related to the vehicular and pedestrian traffic generated from a development of this nature. A Traffic Study is warranted that addresses both vehicular and pedestrian volumes and movements and the improvements required to the intersection at Highway 0o. 2 such as, illumination, sidewalks, left turn lanes, storage lanes, etc. In addition, these needs must be reviewed in consideration of the existing intersection geometrica of Highway 0o. 2, Old Kingston Road and the aooeaa to this site. The safe and functional operation of this intersection is a ' critical part of this development. At the present time sidewalks exist only on the north aide of Highway 0o. 2 and as a result of this development, sidewalks will be required on the south aide of Highway 0o. 2 in order to provide a pedestrian link between this development and the amenities in Oooctioe. Based on the above-mentioned, the applicant is responsible: I. To undertake o Traffic Study for this development which addresses both vehicular and pedestrian traffic and the intersection improvements necessary to accommodate the anticipated traffic. This report shall be prepared to the satisfaction of the Director of Public Works. 2. To bear 100% of the owoto of intersection improvements necessitated by this development as a result of the Traffic Study or at the request of the Director of Public Works. (e.g. sidewalks, illumination, left turn lane, storage lanes, etc.) / Kl \ �7 REPORT 0O^ : PD-46-88 PAGE 4 '~ ------------------------------------------------------------------------------- Town of Newcastle Public Works Department (Cont1d) 3. That the applicant enter into an Agreement with the Town for the construction of a concrete sidewalk on Highway 0o. 2 in order to provide a pedestrian link to the amenities in Coortioe. 4. That all works are completed in accordance with the Town of Newcastle's Design Criteria and Standard Drawings. 5. That any easements required by the Town be granted free and clear of any encumbrances. 6. That the Owner enter into a Development Agreement with the Town and that this Department be kept informed of the status of same at all times. 7. All of the other standard requirements re: Lot Grading, Schedules of Work, Performance Guarantees, Cost Estimates, etc., should be included in the � Subdivision Agreement. 8. That the developer initiate a ground water monitoring program recommended by a 8ydcogeologiat (ie. : Piezometec) and approved by the Director of Public Wqcha mbiob will commence a minimum of one (l) year prior to the start of any construction. 9. That the developer meet all the requirements of the Public Works Department, financial and otherwise. Please note that the proposed intersection with Highway 0o. 2 is the jurisdiction of the Ministry of Transportation and Communications and final approval for the intersection moat be obtained from the Ministry." Town of Newcastle Community Services ( "With respect to the above application, I offer the following comments: a) valley Laud Dedication - request that all associated valley lands be dedicated to the Town gratuitously and further, prior to accepting said valley lands, the developer is to ouzcact all eroded creek banks by means of an erosion control program satisfactory to CLOC& and the Department of Community Services. b) Parkland Dedication - recommend that cash-in-lieu of 5% parkland dedication is requested. o) Valley Land Development - In discussions with the developer, it has been suggested that Quantum Homes would be willing to develop the valley Iood pack concept as per drawings supplied by the developer. The Community Services Department has no objections to this offer provided the following conditions are met: l) That the tendering process be conducted by the Town's Purchasing Department to euaoce that the public tender process is implemented. REPORT NO. : PD-46-88 PAGE 5 -------------------------------------------------------------------------------- Town of Newcastle Community Services (Cont1d) 2. That associated expenditures be drawn from the developer's cash-in-lieu of parkland dedication account. 3. That all works be done in conjunction with and under the approval of the Community Services Department. 4. That prior to calling for tenders, the Community Services Department must approve, in writing, all tender documents including site plan, grading, vegetative planting, walkways, water and sewer connections, fencing and signage requirements for the park development." Region of Durham Works Department "The Regional Municipality of Durham Works Department has reviewed the above- noted amendment application and wish to provide the following comments. the proposed density of 252 persons per hectare as indicated in this submission appears to exceed the design density of the Courtice Farewell Creek Sewer System. However, the downstream receiving trunk sewers have the reserve capacity to accommodate the proposal. Therefore, the existing 900 MMO (36,10) sanitary trunk sewer on easement through the subject site, as shown on the attached plan, can provide sanitary service to this project. Municipal water service is also available to the site through the abutting 300 MMO (12,10) watermain on Highway No. 2. The exact servicing requirements for this project are anticipated to be further identified through the subsequent process of site servicing approval. In view of the fact that full municipal services are available to this proposal, we have no objection to further processing of this amendment application to implement a future residential/commercial development, subject to the condition that the developer enters into a servicing agreement with the Region to cover all Regional concerns, including servicing costs and development charge levies associated with this project." Ministry of Transportation "We have completed our review of the information which recently accompanied your letter dated December 17, 1987 and regret to inform that this Ministry is not prepared to allow a street entrance onto Highway No. 2 at the location shown on the Courtice West Neighbourhood Development Plan. As you are probably aware this Ministry requires a minimum intersection spacing of 1200 ft. for streets intersecting a provincial highway. The proposed location of the street entering to the west of the Bolahood property is approximately 750 ft. to the east of Darlington Road which falls considerable short of the minimum distance required by this Ministry. . . .6 / \/y REPORT 0O. : PD-46-88 PAGE 6 � _______________________________________________________________________________ Ministry of Transportation (Cmot"d) We would like to point out that even though the existing road entrance located in front of the subject property does not meet the spacing requirements we would be prepared to allow only the proposed condominium development to onoeoa to the highway via this entrance. We would not be prepared to allow any future development to the west of the subject lands to use this existing entrance. It is our opinion from the information provided that the proposed internal road system could be revised satisfactorily to access to Darlington Avenue South providing suitable anoeoa to any development west of the subject lands." Town of Newcastle Fire Department "Further to the above-headed applications, Staff would provide the following comments in regard to our concerns. ( Considering a project of this size and occupancy, it is assumed that firefighting capabilities are available, in the event of m fire emergency. These firefighting capabilities can vary from municipality to municipality, but generally, the larger municipalities have greater firefighting capabilities than smaller ones or rapidly growing ones. The level of municipal fire protection considered to be adequate will normally depend on both the size of the municipality (number of buildings to be protected) and the size and occupancy of buildings within that municipality. Since larger buildings tend to be located in larger municipalities, they are generally favoured with a higher level of municipal fire protection. Building size should be related to available municipal fire protection. Staff have no objection to this project, but are concerned with how this pact-time Fire Department is to maintain the existing level of service provided, considering the overall development tbcougbt the municipality. This project alone will generate approximately a 1000 person population increase. ' In viewing the Site Plan, I would note that a canopy is attached to each building entrance. As these canopies are located on the access/exit routes for emergency fire vehicles, the canopy height should be designed with sufficient clearance to accommodate a fire vehicle (approximately 14 ft. high) ." Region f Durham Planning Department "In response to your correspondence dated August 14, 1987, we wish to advise that the above-noted proposal involving high density residential uses is also the subject of an application to amend the official Plan of the Town of Newcastle under our File 87-55/0. Accordingly, we will liaise with you during the processing of the official plan amendment application. We also request that the amending by-law not he passed until the related official Plan Amendment has been dealt with by both your Council and Regional Council and the Owner has satisfied the Boginu"o requirements for the increase in residential density." REPORT NO. : PD-46-88 PAGE 7 ( � ------------------------------------------------------------------------------ Ministry of Natural Resources "Ministry Staff have reviewed the above amendment which would allow for a four- building condominium development, and have inspected the site. We have no objections to the proposed amendment, however, we note the following. Farewell Creek, a significant coldwater stream traverses the subject property. Rainbow trout and pink salmon migrate from Lake Ontario to the upper reaches of Farewell Creek to spawn in the spring and fall respectively. Water quality degradation is a concern. Furthermore, Farewell Creek flows into the Oshawa Second Marsh, a provincially significant wetland. Therefore, it should be protected from sedimentation from upstream development activities. As such, we will be requesting site drainage and soil erosion control plans to address the above concerns once the development plans are received." Central Lake Ontario Conservation Authority "Authority Staff has completed a review of this proposed official plan amendment. According to the application, the purpose of the amendment would be to permit a four-building condominium development over a total site area of about 19 acres. We have also reviewed a conceptual plan for the proposed condominium, as prepared by the applicant's architect. The building locations may be a sufficient distance from the top of slope of the Farewell Creek valley. However, the "development line" on Drawing 1 (July 27, 1987) appears to be beyond the top of bank. The "fill line" on the drawing approximates the top of bank, which, with a building setback, should represent the limit of development. The site contains the Farewell Creek. This watercourse has been documented as possessing high quality coldwater fish habitat. The acquisition of the Farewell Creek valley within the applicant's holdings by the Town of Newcastle is strongly recommended. We would also indicate that there are some environmentally sensitive lands outside the valley limits in the extreme southeast part of the 19-acre subject property. For the most part on the site, the Farewell Creek is well protected by dense forest cover and/or steep valley walls. This is not the case, however, where the proposed development is to abut the Farewell Creek valley. In this area, a tree planting program should be implemented to provide a separation between the area of development and the valley system. This, and the issues of storm drainage and development setbacks can be best addressed at the time the proposed condominium plan is circulated for our review." The following agencies offered no objection to the applications as filed: - The Town of Newcastle Building Department - Northumberland and Newcastle Board of Education - Peterborough-Victoria-Northumberland and Newcastle Roman Catholic Separate School Board. 8 ' REPORT 0O. : PD-46-88 PAGE 8 _______________________________________________________________________________ In consideration of the above-noted comments, Staff would note for the Committee's information that many of the conditions of approval, noted by the agencies, will be fulfilled through the Site Plan process. In reviewing the application, the Ministry of Transportation expressed definite ooucecoa with the proposed condominium developments being served by two street entrances onto Highway 0o. 2. The accesses are located approximately I06.6m (]50 ft.) apart which is deficient of the street spacing requirement, being 365m (1208 ft.) . The Ministry under no circumstances, will allow a second street entrance to serve the subject property. The Ministry is considering, / however, the maintenance of the existing entrance in order to serve the subject development proposal and the two (2) valIeyIaud properties. While Staff recognized the Ministry's 0000ecoa, it is Staff's opinion that the road pattern indicated on the Neighbourhood Development Plan is the optimum solution in terms of traffic circulation and the development of the BoIabood property, as well as the undeveloped lands to the west. The Ministry, however, maintains that only one access will be permitted for this are and its l!ceoeut location. Given this, Staff have suggested the existing entrance be maintained. In addition, an emergency access of 6.0 metres be provided from the southwest portion of the property, in the event that a roadway is approved < as indicated in the Neighbourhood Development Plan. Staff would note that the 6.0 metre wide access is the design requirement for aoneao routes as required by the Fire Department. In addition, a pedestrian walkway is to be provided along the western most boundary of lot, providing anoeoo from Highway 0o. 2 to the proposed roadway indicated on the Neighbourhood Development Plan, attached hereto. Staff, would note, however, that this proposal will be dealt with through the site plan process. In addition to the oouoecuo noted by the Ministry of Transportation, the Fire Department noted o concern about the proposal based upon the fact that the Couctiue Fire Department is presently manned by volunteers and the inherent problems responding to emergencies in Coortice as a result of the lack of manpower and appropriate equipment. REPORT 00. : PD-46-88 PAGE 9 ------------------------------------------------------------------------------- Council has referred Report FD-30-87 in respect of Oooctioe fire protection, presented to the General Purpose and Administration Committee Meeting of December 31, 1987, to the 88 Budget discussions. We note that the recommendations contained therein deal with the situation relative to existing conditions and developments. The Fire Chief advises that further allocations will be required to cope with additional growth. At the General Purpose and Administration Meeting of January lO, 1988, the Committee further resolved to have a joint Report prepared by PIouuiug and Fire Department Staff in order to further address this issue. At an earlier Public Meeting, Staff were referred to a study done for the City of York in I971 in respect of the coat benefit of high rise development. / Copies of the report were obtained and diocoaoiuma held with City of York Staff. Mc. B. Windsor, Deputy Commissioner for the City of York Planning Department advised, verbally, that the Study found that the costs of providing municipal services to High Density vs. Imn Density were comparable. Notwithstanding this, the Council decided to request development proponents to prepare a cost-benefit analysis for all high rise proposals over I00 units. Mr. Windsor further advised that all of the moaIyaio done to date have shown benefits outweighing costs. In reviewing the proposal relative to the objectives of the Official Plan, Staff are satisfied that it would not offend the intent of same. In fact, � looatiouaIly the site is good since it fronts onto an arterial road and does not impinge oDoo any existing low density residential area. The pcoDnoaI provides an alternate housing opportunity consistent with the intent of the Official Plan and despite the general density limits, it can be accommodated on the basis of existing municipal service capacities. In consideration of the applications to the Town of Newcastle Official Plan and Neighbourhood Development Plan, and inasmuch as each of the above-noted planning documents are policy oriented guidelines and the zoning by-law implements these documents and in consideration of the nature of the proposal, REPORT NO. : PD-46-88 PAGE 10 ------------------------------------------------------------------------------- specific details of the development can be dealt with through the rezoning and site plan approval process. Given this, Staff would respectfully recommend that the Official Plan Amendment and Neighbourhood Development Plan Amendment be approved. However, given the fact that a Zoning By-law cannot be approved prior to approval of the Official Plan Amendment and should not precede execution of a Development Agreement, it is respectfully recommended that the Zoning By-law Amendment be deferred pending same. Respectfully submitted, Recommended for presentation to the Committee C-e _-, C" T.T. Edwards, M.C.I.P. Lawrence E. Kotseff Director of Planning Chief Administrative Officer LK*TTE*jip *Attach. February 10, 1988 CC: Wayne J. Bolahood CC: Mr. Tom Gascoigne Quantrum Homes Ltd. Mr. Harold Gascoigne 63 King Street East 13 Darlington Blvd. S. OSHAWA, Ontario OSHAWA, Ontario L1H 1B4 L1K lAl CC: Kevin J. Tunney 117 King Street West P.O. Box 358 WHITBY, Ontario L1N 5S4 SUBJECT SITE LOT 35 LOT 34 LOT 33 R) RI ci NASH ROAD (H)RI R1 R1 C5 C5-3 Ri-4 NIGNWAYN R2 c2-I C5 2 c : ---__ _ EP cs C5 R1 (WRI Rl CV ° �l7 EP Qo z (H) Ri co O w RI R1 (H)RI R o _.1 J O Rl ~ (n I Z N Z H)RI z w LL1 o 0- Rl a RI I RI z UJI ° EP Rl H)RI I I ' (H)RI EP L . I II 1 0 50 100 200 300M KFY 87-55/N O.P.A. 2.2. 1 (5) DEV.87-62