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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