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HomeMy WebLinkAboutPD-122-84 IV �d) CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL.(416)263.2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF JUNE 18, 1984. REPORT NO. : PD-122-84 SUBJECT: Neighbourhood 3B Development Plant . Application for Rezoning DEV 83-22 � ;, ;4 t" E. POLLARD RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following : 1 . That Report PD-122-84 be received; and 2. That Council consider approval of the neighbourhood development plan for Courtice Neighbourhood 3B included as Attachment 1 to Staff report PD-122-84; and 3. That subject to Council approval of the neighbourhood development plan referred to by Recommendation (2) of Staff report PD-122-84 approval be given to application for rezoning DEV 83-22 submitted by Mr. E. Pollard and three readings be given to the By-law included as Attachment 2 to Staff report PD-122-84; and 4. That Council endorse the staff approval of the proposed development agreement included as j Attachment 3 to Staff report PD-122-84. *_2 REPORT NO. : PD-122-84 Page 2 BACKGROUND AND COMMENTS: The subject lands comprise a total of 26.5 ha (64.5 ac) and are located in Part of Lots 2.9 & 30, Concession 3, Geographic Township of Darlington. Approximately 19.5 ha (48 ac) are located within the limits of the Courtice Urban Area. Amendment 12 to the Darlington Official Plan and the Durham Regional Official Plan contain the relevant planning policies. Those lands located outside and north of the Urban Area are designated Major Open Space by the Durham Regional Official Plan and identified as possessing environmentally sensitive features with some hazard lands. That portion of the site located within the Courtice Major Urban Area is designated Residential by Amendment 12 of the Darlington Official Plan and also identified as possessing environmentally sensitive features with some hazard lands. It is the intent of the Durham Regional Official Plan and the Courtice Urban Area Plan (Amendment 12) to protect to the greatest extent possible environmentally sensitive features. Development of Sensitive areas and Hazard lands may be permitted subject to an evaluation of the particular feature and the methods proposed to mitigate impacts upon sensitive features and overcome any inherent hazards. The Courtice Urban Area Plan contains more specific .. .3 i i REPORT NO. : PD-122-84 Page 3 requirements with respect to Sensitive features and requires the Town to undertake or conduct an Environmental Impact Analysis prior to approving any development proposal on lands identified as exhibiting environmentally sensitive characteristics. Such a study was conducted for all of neighbourhood 3 of the Courtice Urban Area and adopted by Council on November 2, 1981 for use, by staff, in preparing neighbourhood development plans , evaluating specific development proposals in the Courtice Urban Area and evaluating Land Use Designations within the applicable Official Plans. The subject site was included in the 1981 environmental assessment and the sensitivity of the lands can be divided into three categories as follows : 1 ) Urban residential areas which include lands which do not exhibit any sensitive features requiring mitigative measures ; 2) Open space areas which could be developed for low density residential without substantial mitigative measures. Development of these areas will require mitigative measures for higher densities , dependant upon the nature and extent of the sensitive features; 3) Environmental Hazard Areas which should be protected from development if possible and which require substantial mitigative measures if development were to be proposed. .. .4 i v (d) REPORT NO. : PD-122-84 Page 4 The subject proposal includes four blocks , all of which contain some lands identified as being Environmental Hazard Areas. Blocks A & B which are proposed for high density residential development are identified as Open Space Areas. A review of the 1981 Gartner Lee Study indicates that the particular sensitivity of these Blocks is in respect of vegetative cover which consists of mixed species but generally White Birch , Cedar and Poplar. These blocks also contain limited wetland areas due to local ponding conditions. Neither of these features is considered to be of Regional or local significance. These blocks do, however, contain examples of rare or unusual Vascular Plants. Protection of these vegetative features should be attempted but may be impossible once human activities increase in this area. i Preservation of the Environmental Hazard Areas would however facilitate protection of the plant habitat. Block C is identified as Urban Residential and development may proceed within this area subject to normal development controls. Block D is identified as Open Space Areas and Environmentally Hazard. This area contains the same forest cover as Blocks A & B but is extensively affected by the presence of the Environmental Hazard Area. This Block is proposed for development as a Golf course. This use is, to a certain extent , compatible with the sensitive features, however, care should be exercised in site preparation in order to maximize protection of tree cover adjacent to the Environmental Hazard Areas. i .. .5 i REPORT NO. : PD-122-84 Page 5 Blocks A & B are located on sand plains while Block C is located within a till plain. The Gartner Lee Study indicates that : "Responsible development within the dry sand and till plain should have minor environmental impact". The Courtice Urban Area Plan also requires the preparation of a Neighbourhood development plan prior to development approvals. Neighbourhood development plans must specify population levels, residential densities, location of community and commercial facilities , road alignments and residential design guidelines, all of which must conform to the provisions of the Courtice Official Plan. The Courtice Plan also provides guidance with respect to residential densities and more particularly provides locational criteria for the various density ranges. In that regard, based upon these criteria , high density uses should be separated from low density areas by a transition through the medium density range. Such uses must also be located within the Community Central Area or within residential areas adjacent to arterial roads. The basis for this requirement being the reduction or elimination of high traffic volumes within residential neighbourhoods. Similarly medium density uses should generally be located at the periphary of the neighbourhood and adjacent to arterial or collector roads. Again the intent of this policy is to direct higher volumes of traffic to road systems capable of handling same. It is important to note that the medium density range is between 16 and 40 units per net hectare which permits a range of housing types from single family and semi-detached dwellings through townhouses and walk-up apartments. .. .6 REPORT NO. : PD-122-84 Page 6 The subject proposal will have direct access, for Blocks A B, to Courtice Road with an emergency access only through Block C. Block C on the other hand, could take direct access to adjacent local streets provided it is developed at the lower end of the medium density range or for low density uses-. However, an Official Plan amendment would be required if the Block were developed solely for a low density residential use since a transitional area would not be provided. Staff would have no objection to such an amendment provided some form of physical separation of uses is provided in the alternative. On May 23, 1984 a public information meeting was held at the Courtice High School . This meeting was attended by approximately forty (40) individuals. The purpose of the meeting was to obtain public input in respect of the proposed neighbourhood plan in accordance with Section 6.1.2(iii )(b) of the Courtice Plan. This Section also requires Council to request input from other departments and/or agencies. Due to the time constraints imposed by Council 's resolution requiring preparation of a neighbourhood plan by June 18, 1984, staff have not been able to formally circulate the proposed neighbourhood plan. We have, therefore, relied upon recent and prior correspondence in respect of the Pollard proposal and earlier neighbourhood plans to establish the position of each of these agencies relative to the neighbourhood development plan. Staff do not feel that sufficient opportunities for review of the neighbourhood concept have been afforded any agency and do not support this approach. .. .7 -(a) REPORT NO. : PD-122-84 Page 7 With respect to the public input received, it is apparent that a great deal of concern exists about the land use designations and densities of Block C of the Pollard proposal as well as lands to the west, owned by First City Developments. Other concerns expressed, related to storm water management , municipal services and the impacts of development upon existing residential neighbourhoods. To this end, staff feel it would be premature to finalize the land use designations and densities for these blocks and accordingly will be recommending deferral of any designation pending further detailed review and/or Official Plan amendments. With respect to the input from the Region and C.L.O.C.A. , we note the following: The Regional staff have indicated that they could support a development scenario that retains the present urban area boundaries and land use designations but which facilitates density transfers recognizing that there are pockets of land suitable for development surrounded by lands that are otherwise environmentally sensitive. Staff of the Conservation Authority have expressed the opinion that development within the majority of neighbourhood 3B should not be permitted based upon the recommendations of the Gartner Lee Environmental Analysis. Town and Regional Planning staff share the opinion that the Durham and Darlington Official Plans are the controlling documents and although the Gartner Lee Study provides useful information for consideration by staff and Council , it has . ..8 REPORT NO. : PD-122-84 Page 8 limited legal status under the Planning Act. As such, its recommendations must be considered in the context of the Official Plan and weighed accordingly. On December 5, 1983, staff recommended deletion of all sensitive areas from the Courtice Urban Area. This recommendation was not approved by Council and Regional staff subsequently indicated that they could not support such a position. Staff took this as an indication that Council was unable to attach any significant weight to many of the recommendations of the Gartner Lee Study. In addition to the comments referred to above, staff considered submissions made by two developers, Mr. Pollard and First City Developments. Based upon our review of the Engineering report for the Pollard proposal , staff are satisfied that development can proceed subject to the conditions outlined by Staff report PD-106-84, which was considered by Committee on May 7, 1984. The Engineering report, submitted in respect of the First City Developments lands, has not had the benefit of a detailed staff review. It does, however, suggest that development may proceed subject to certain design and engineering considerations. In addition to the aforementioned report, a submission from the Owner's consultant, W.D.M. Consultants, was considered. Many of the points raised by Mr. Manson were discussed at the public meeting. Following therefrom, staff reviewed the first draft of the neighbourhood plan and undertook a number of revisions which were based upon similar conclusions to those expressed by Mr. Manson in his letter of June 6, 1984. Notwithstanding this, staff still feel a number of questions .. .9 REPORT NO. : PD-122-84 Page 9 have been left unanswered and as previously noted , will be recommending deferral of any land use designations pending further review and discussion relative to these lands. As a result of the staff review and in response to Council ' s direction of May 14, 1984, staff have prepared a neighbourhood development plan for Courtice Neighbourhood 3B. Included as attachment 1 are the necessary textual changes to the approved Neighborurhood Plan for 3A as well as the necessary land use schedule and population schedule. Staff note that the subject neighbourhood plan could result in a population of some 5,000 persons for this neighbourhood. The population guideline from the Courtice Urban Area Plan is 2,100 persons. Less than half that proposed for neighbourhood 3B. Section 6.1 .2(c) of said plan indicates that these figures will be more precisely defined through Neighbourhood Development Plans. Section 6.1 .2(c) further provides that minor deviations which do not alter the intent of the Official Plan may be permitted without amendment. While in the context of the neighbourhood this increase is not minor, within the entire Urban Area this can be considered a minor change. Particularly in view of the fact that population levels have already been established for all other neighbourhoods with the exception of Neighbourhood 3C. Also in response to Council 's direction, staff have prepared a draft zoning by-law and development agreement in respect of the Pollard proposal which are included as Attachments 2 & 3 respectively. .. .10 REPORT NO. : PD-122-84 Page 10 Based on the foregoing, if Council is satisfied with the form of the neighbourhood plan and the process resulting in its preparation, approval of same would facilitate and permit the development of the Pollard proposal . Respectfu m , T. T. Edwards, M.C.I.P. Director of Planning TTE/bb June 8, 1984 Attach. This is Schedule "X" to By-law 84--, passed this day of A.D. 1984. 3 0 M 3 0 � o 69.45 80.37 °W ° z z N w N 180504 45.62 o w a Q0 � oN� A N W A W z Qn M O M 3 N U 0, N � Ct5 M p0 3 O O c 0— m N z z (n N 720 33'E 399.00 J N72033'E 179.10 N � M m m O N c J eO J N Q O Q cli 3 � i N O W Q z 177.21 � 45.90 LJ _U ♦- WM N72 032'E 48.77 � N180424 W 31.14 N72°32'E 2012 0 CD W N 18°42'W 23.72 U o N72°32'E 60.96 Jr. 3 0 N44 002'20°W 72.12 °i 0 0 z .n M 8 o _ 0 Z ry z N60 035'50"W 23.56 nMIt W c. o o N 18°42'W 33.07 cn — — 3 NO6036'10"E 7.98 0 N 0 N18°42'W 41.00 m N72°3550E 117.08 O z W N18042'W 9.91 (SEAL) z N18042'W49.38 N72032'E 40.84 172040'E 81.34 G.B. RICKARD,MAYOR ZONE CHANGE TO SPECIAL PROVISION BY-LAW 84- 4 0 25 50 IOOm D.W. OAKES,CLERK 50 l0 O 0 250 500m Key ,Map -Former Township of Darlington 500 loo LOT LOT ( LOT OT LOT LOT LOT LOT LOT ' LOT LOT LOT LOT LDT 35 I 34 I 33 32 1 31 30 I 29 28 I 27 I 26 1 25 24 1 23 22 I 1 I I I I o I I I I I I I I i I I t I 1 I SUBJECT o I I I S I I I I ITE I t I NASH I RD. This is Schedule- "X- 1" to By-law 84- , passed this day of—A.D. 1984. A 3 0 M EP 69-45 80.37 °m A_8 °—' z z N u N 18050'W 45.62 0 � W ID A-8 A-8 CD,,� D N c °o Z M O 6� 3 I N om N " p0 3 ° o 0D 0 10 N _ _m [n N72033'E 399.00 � J EP R4 N72°33'E 179.10 N � M -_ A-8 L.LJ 0� l}J( N O � J M R4 0 N Q 3 � N R4 EP R4 z 177.21 45.90 W U EP N72032'E 48.77 m NIB°42'W 31.14 cc, A-8 N72032'E 20-12 m A-8 RL} N18°42'W 23-72 U o N72032'E 60.96 3 3 o N44 002'20"W 72.12 °i o � z '0 M S ( o Z D EP 11Z EP N60°35'50"W 23.56 M tD J c i p p N I8042'W 33.07 0-1 A 8 3 N08 036'10"E 7.98 0 N 3 O IT d N18°42'W 41.00 m ao c� D N72°35'50 E 117.08 Z N18042'W 9.91 (SEAL) Z N18°42'W49.38 N72°32'E 40.84 N72040'E 81-34 G.B. RICKARD,MAYOR 4 0 25 50 IOOm D.W. OAKES,CLERK 50 to O 0 250 500m Key 'Map -Former Township of Darlington 500 100 LOT LOT LOT OT LOT LOT LOT LOT LOT LOT LOT LOT LOT LDT 35 I 34 I 33 32 I 31 30 I 29 28 I 27 ( 26 I 25 24 I 23 22 I I I I I I I I I I I I I I I I I I I I I I I I I o I I I ( I I I I I I SUBJECT I I I SITE _'j I I :: I - •t I NASH I RD. IF I f