HomeMy WebLinkAboutPD-4-85 4
CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director
HAMPTON,ONTARIO LOB UO TEL.(416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF JANUARY 7, 1985
REPORT NO. : PD-4-85
SUBJECT: APPLICATION FOR REZONING - COURTICE HEIGHTS
DEVELOPMENT LIMITED - PART LOT 30, CONC. 3
DARLINGTON (COURTICE) FILE: DEV 84-23
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following:
1 . That Report PD-4-85 be received; and
* 2. That the draft By-laws attached to this report
rezoning a 5.26 hectare parcel of land located
in Part of Lot 30, Concession 3, former
Township of Darlington, to permit the
development of a Neighbourhood Commercial site
and a townhouse and an apartment development,
subject to a (H) Holding provision, be approved
contingent upon Council approval of the
recommendations contained in Staff Reports
PD-2-85 and PD-3-85; and
3. That the applicant and Regional Municipality of
Durham be so advised.
. . .2
"A 1�
I
V
REPORT NO. : PD-4-85 Page 2
BACKGROUND:
On June 15, 1984, the Town of Newcastle received an
application submitted by Courtice Heights Development to
rezone a 5.3 hectare parcel of land in Part of Lot 30,
Concession 3, Darlington (Courtice) to permit the
development of seventy (70) townhouse units, a ninety-six
(96) unit apartment building, and a convenience commercial
facility.
The subject site is designated "Residential " in both the
Durham Regional Official Plan and the Courtice Urban Area
Plan. As well , both plans indicate the presence of
Environmentally Sensitive and Hazard Lands on the subject
site. The Courtice Plan further indicates the presence of
Major Open Space in conjunction with the Hazard Lands.
The landuse and density designations in the Neighbourhood 3B
Development Plan are indicated as "Deferred". However, in
Report PD-3-85 considered by Committee earlier in this
meeting, Staff proposed Amendment No. 2 to the Neighbourhood
3B Development Plan. This amendment removed the deferred
designation, confirmed the designation of a convenience
commercial site and designated the remainder of the site for
medium and high density residential development. The
approval of the by-law attached to this report for the
Courtice Heights Development proposal is contingent upon the
approval of the amendment to the Neighbourhood 3B
Development Plan.
In accordance with departmental procedure, the subject
application was circulated to various departments and
agencies for comment. The following is a summary of the
major comments received:
. . .3
ff- . �
REPORT NO. : PD-4-85 Page 3
Town of Newcastle Public Works Department
- no objection to the rezoning
- roadwidenings to be dedicated along Nash and Trulls Roads
where required
- detailed calculations for storm water provisions to be
submitted to the Works Department
- access to the commercial block to be from internal roads
only
- financial contributions towards upgrading Nash Road
between the internal access street and Trulls Road.
Region of Durham Planning Department
July 20,
There is a general indication of Environmentally Sensitive
lands and hazard lands in this location. Therefore, the
development of this area is required to proceed in
accordance with the policies contained in Section 1 of the
Regional Plan. The Courtice Major Urban Area Plan also
contains policies with respect to the Environmentally
Sensitive areas and the Hazard Lands which should be taken
into account during review of the proposed development.
September 27, 1984
Servicing of the proposal can be provided by the extension
of the existing trunk sanitary sewer and existing feeder
main located at the intersection of Nash and Trulls Roads.
With respect to sanitary sewer service, a sub-trunk sanitary
sewer will be required on Nash Road and Trulls Road to the
east limit of the subject property and then on a 6 metre
wide easement northeasterly through the subject property.
We request that prior to the passing of the amending by-law,
the applicant be required to enter into a servicing
agreement with the Region to cover all Regional concerns,
financial and otherwise.
Central Lake Ontario Conservation Authority
The proposal for a townhouse and apartment building complex
will not occupy any highly sensitive forest area, but it
will require an extensive diversion of the drainage course
and it could affect the water table in the special policy
area as designated in the Neighbourhood Development Plan.
Development may also cause an increase in stormwater run-off
to the drainage course and ultimately to Black and Farewell
Creeks.
. . .4
REPORT NO. : PD-4-85 Page 4
Central Lake Ontario Conservation Authority (Cont'd)
Authority Staff feel that the rezoning can be approved at
this stage and that our outstanding concerns can be
addressed prior to finalization of the site plan agreement
for the development. Specific requirements which must be
satisfied are as follows:
1 . The applicant should submit for the review and approval
of the Authority, further details concerning the
proposed storm water management schemes including
hydraulic calculations verifying that the proposal will
control post-development flows to predevelopment levels
for all storms up to and including the five year storm,
and including details of the major storm drainage
system.
2. Further detail must be submitted to the authority for
approval concerning the drainage course diversion and
enclosure including cross-sections, final grades and
proposed means of stabilization of a new channel and
site rehabilitation.
3. The applicant should submit a grading plan to the
authority for approval which includes details of
sedimentation control methods to be used during the
construction process.
The authority requests that the Town not finalize the Site
Plan Agreement until it has received written confirmation
that these concerns have been satisfactorily dealt with.
In addition, we request that the appropriate zoning controls
be enacted in the vicinity of the diverted drainage course
and detention area to prevent the building of any structures
other than those necessary for the flood and erosion
control .
Ministry of the Environment
Based on our review, we advise that we are not aware of any
environmental constraints which would affect development of
these lands.
COMMENT:
Staff note that a number of concerns were identified through
. . .5
REPORT NO. : PD-4-85 Page 5
the circulation of the rezoning application. A number of
the concerns expressed were related to the presence of
Environmentally Sensitive and Hazard Lands on the subject
site.
The Regional Official Plan and the Courtice Urban Area Plan
both require the preparation of an Environmental Impact
Analysis for any site identified as being Environmentally
Sensitive and for which development is proposed. Inasmuch
as there is no forest cover on the subject lands, the issue
of environmental sensitivity relates primarily to the
presence of the intermittent watercourse and a shallow water
table. As well , the Neighbourhood 3B Development Plan
designates a large portion of the site "Residential Special
Policy Area". Prior to a development being permitted to
proceed within such an area, the Plan requires the
preparation of a hydrogeological study to assess the impact
of permanently lowering the water table.
A consultant was retained by the applicant to undertake an
assessment of the affects of the proposed development upon
the base flow to Black Creek. In a report submitted to the
Town, the consultant indicated that the proposed development
would have a negligible affect on the base flow contribution
to stream flow and the Black Creek drainage system. Staff
note that the Central Lake Ontario Conservation Authority
has also required that the applicant satisfy the Authority
with respect to a number of issues, including the drainage
course diversion and the anticipated effect of the develop-
ment on base flows.
Further concerns expressed related to roads, storm water
management and the provision of municipal services. Issues
such as storm water management, road widenings and financial
contributions to road improvements will be addressed through
. . .6
REPORT NO. : PD-4-85 Page 6
site plan agreements with the Town for both the convenience
commercial site and the townhouse/apartment development.
The applicant will be required to enter into an agreement
with the Region with respect to the provision of municipal
services.
Staff have received the convenience commercial facility
proposed for the northeast corner of Trulls and Nash Roads
with respect to both need and location. A. background study
prepared by the I .B.I. Group during the preparation of the
Courtice Urban Area Plan recommended that convenience
commercial floor space be provided in Courtice at a ratio of
0.28 square metres (3 square feet) percapita. Using this
ratio Neighbourhood 3B, with an approved design population
of 5,000, would require approximately 1 ,400 square metres
(15,000 square feet) of convenience commercial floor space
to be distributed throughout the neighbourhood. The
commercial facility proposed by Courtice Heights would be
limited by the neighbourhood commercial (C2) zone provisions
of By-law 84-63 to a maximum of 500 square metres (5,382
square feet) . The subject site appears to be of sufficient
size to permit the proposed development.
The Courtice Urban Area Plan states that, prior to a site
being zoned for a commercial development, Council may
require the preparation of a market analysis; however, the
Plan further states that such a market analysis may not be
required in the case of convenience commercial facilities.
Staff note that there are no other convenience commercial
sites approved for Neighbourhood 3B and that the permitted
floor area of the Courtice Heights proposal would not
preclude the development of other convenience commercial
. . .7
i
REPORT NO. : PD-4-85 Page 7
sites within the Neighbourhood. Staff therefore do not feel
that the preparation of a market analysis is required prior
to the approval of the rezoning of the convenience
commercial component of the Courtice Heights proposal .
Staff further note that the proposed commercial facility
appears to be in a good location to serve the residents of
three high density residential developments proposed or
approved for Neighbourhood 3B, as well as the residents of
the southern portion of Neighbourhood 3A. In addition, both
Nash and Trulls Roads are designated as Type 'B' Arterial
Roads, thus providing good access to the site.
Staff have reviewed the circulation comments and other
information submitted and are satisfied that all concerns
can be addressed. As such, we have drafted a by-law
(attached) to rezone the property to permit the development
of a neighbourhood commercial facility, the townhouse
development, and the apartment building. Matters such as
the re-location of the watercourse, the size of the
commercial facility and the apartment building, and the
number of town- house units will be more precisely defined
through the implementation of the zoning by-law at the site
plan approval stage.
However, inasmuch as the number of matters such as site plan
agreements with the Town and a Servicing Agreement with the
Region, have yet to be finalized, Staff are further
recommending the use of the (H)Holding provision for the
zone designations for the commercial facility, the townhouse
development and the apartment building. The applicant may
apply to the Town for the removal of the (H)Holding symbol
at such time as the Town is satisfied that these conditions
have been met.
. . .8
i
I
i
REPORT NO. : PD-4-85 Page 8
It is therefore recommended that the By-law attached to this
report be approved.
Respect f fitted,
T.T. Edwards, M.C.I .P.
Director of Planning
JAS*TTE*jip
December 18, 1984
*Attach.
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 85-
being a By-law to amend By-law 84-63, Comprehensive Zoning By-law
of the Corporation of the Town of Newcastle.
WHEREAS the Council of the Corporation of the Town of Newcastle deems
it advisable to amend By-law 84-63 of the Corporation of the Town of
Newcastle.
NOW THEREFORE BE IT RESOLVED THAT By-law 84-63 is hereby amended as
follows:
1. Schedule "4" to By-law 84-63 is hereby amended by changing
to "(H)C2" the zone designation of the lands so indicated on the
attached Schedule 'X' hereto.
2. Schedule 'X' attached hereto shall form part of this
By-law.
3. This By-law shall come into effect on the date of passing
hereof, subject to the provisions of Section 34 of the Planning Act,
1983.
BY-LAW read a first time this day of 1985
BY-LAW read a second time this day of 1985
BY-LAW read a third time and finally passed this day of
1985.
i
MAYOR CLERK
I
This is Schedule "X" to By-law 84-__,
Passed this day of , 1984 A.D.
M N 710 41'00"E 187.69 I
1
EG i
o
A
13
wi .N 8 EP a
W I -° ° 3
z z
W 1 0 a $
m 16 . N (H)RI m
z
N 7 3°2400"E
z L. _
IN70°2030 E om 90 09
p 80.01 °aoh
—j } z
i Q J�MM N72°28,E
rcv 63.40
0 o
N72028'00"E 111.61
--- --- - - - - -------
ROAD ALLOWANCE BETWEEN CONCESSIONS 2 & 3
® Zone Change To 11( H) C2
i
0 25 50 100 150m
Rlckardl, Mayor som 20 0 D.W. Oakea, Clerk
LOT 31 LOT 30 LOT 29 LOT 28
A . EA A
' I A
EP A-8 A I M
/ a1 az R 4 Z
R2
91
EP A I A 0
92 z rc EP 07
Fla- R 4
az SUBJECT A f W
_ az•z I SITE p I EP Z
RI O
sz Ev I (H)R11
�R2
EP R2.2 I R1 rr —.
EP 92 az I R1
R1 j R1 I (N1R 1
0 50
COURTICE 100 200 500m
I
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 85-
being a By-law to amend By-law 84-63, Comprehensive Zoning By-law
of the Corporation of the Town of Newcastle.
WHEREAS the Council of the Corporation of the Town of Newcastle deems
it advisable to amend By-law 84-63 of the Corporation of the Town of
Newcastle.
NOW THEREFORE BE IT RESOLVED THAT By-law 84-63 is hereby amended as
follows:
1. Schedule "4" to By-law 84-63 is hereby amended by changing
to "EP", "(H)R3" and "(H)(R4)" the zone designation of the lands so
indicated on the attached Schedule 'X' hereto.
2. Schedule 'X' attached hereto shall form part of this
By-law.
3. This By-law shall come into effect on the date of passing
hereof, subject to the provisions of Section 34 of the Planning Act,
1983.
BY-LAW read a first time this day of 1985
BY-LAW read a second time this day of 1985
BY-LAW read a third time and finally passed this day of
1985.
MAYOR CLERK
i
I
I
i
i
I
I
This is Schedule "X" to By-law 84--,
passed this day of , 1984 A.D.
M ( N 710 41 X00"E 187-69.1 T
C13 3
0
0 1 G
1 Z
3 w i
J
1 0 3 co
W 1 N b
W I °a_o N a, 3
z z Z
m ( o in 0
W I m N z
U ( N73024'00°E
zz L'. r_ 90.09
�N70°20'30"E om
0O 80.01 0
J3 A z
Q Mo N72028'E
p o N E P 63-40
Q m2 H) o
N72028'00"E 111.61
------- -- --------
ROAD ALLOWANCE BETWEEN CONCESSIONS 2 & 3
® Zone Change To "(H) R311
® Zone Change To "(H)R4"
Zone Change To " E P '1
0 25 50 100 150 m
G.S. Rickard, Mayor D.W. Oakes, Clerk
50m 20 0
LOT 31 LOT 30 LOT 29 LOT 28
I'
I
A I A EP
I A . A A A
I 1
to
EP A-8 A
R2 R1 R2 O 4
"' A (� A o
° EP
R2•z r i SUBJECT R 4 EP A I �, w
R2 SITE U
R2.2 I z
RI O
�62 P I (H)RI
R2 I
EP R2.2 I RI 1
EP
142 R2 RI I A
R1 � ,� � — ---�—R1 -- -- (N1R 1 I --
0 50100 200 300m
COURTICE
50m