HomeMy WebLinkAboutPD-122-84 IV
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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.
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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
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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.
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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.
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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.
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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.
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-(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
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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
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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.
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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.
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