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HomeMy WebLinkAboutPD-44-83 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 MARCH 7, 1983 REPORT NO. : PD-44-83 SUBJECT: OFFICIAL PLAN FOR THE BOWMANVILLE MAJOR URBAN AREA (PART OF THE DISTRICT PLANNING AREA FOR THE TOWN OF NEWCASTLE) FILE: OP 2.1 RECOMMENDATION: It is respectfully recommended that the General Purpose and, Administration Committee recommend to Council the following : 1 . That Report PD-44-83 be received; and 2. That the modifications to the Official Plan for the Bowmanville Major Urban Area as proposed by the Ministry of Municipal Affairs and Housing be endorsed subject to the revisions outlined by Staff Report PD-44-83; and 3. That a copy of Staff Report PD-44-83 be forwarded to the Regional Municipality of Durham and the Ministry of Municipal Affairs and Housing, for their information. Report No: PD-44-83 . . ./2 BACKGROUND: On February 23rd, 1983, staff received a copy of correspondence addressed to Dr. M. Michael , Commissioner of Planning, Region of Durham from the Ministry of Municipal Affairs and Housing outlining suggested modifications to the Official Plan for the Bowmanville Major Urban Area. A copy of this letter is attached, and as indicated, requires a response in the form of a Resolution of Council . COMMENTS: For the sake of convenience, staff's comments will refer directly to the Sections identified within the Ministry correspondence. A. Section 2.1 - Residential a) Section 2.1 .2(ii )c) - Permitted Uses The proposed modification to change the words "senior citizens housing" to "nursing homes" and "homes for the aged" is consistent with the terminology of the Durham Regional Official Plan and the intent of this Plan. Staff would offer no objection to this proposed modification. b) Section 2.1.2(v) - Densities This Ministry comment is requesting clarification of the intent of Section 2.1.2(v). To that end, we would suggest deletion of the present Section 2.1.2(v) in its entirety and its replacement with the following new Section 2.1.2(v) : "The density ranges defined within any development proposal shall be reviewed with the Regional Municipality of Durham in order to ensure that the development of particular blocks of land respect the ability of the Regional Muncipality to provide full municipal services with sufficient capacity to accommodate the proposed development, while at the Report No: PD-44-83 . . ./3 same time ensuring that the development potential of other vacant parcels or blocks of land is not reduced to a point where development in accordance with the provisions and designations of this Plan would be precluded." B. Section 2.1.3 - Implementation a) This comment points to an apparent conflict in wording and suggests a change from the strict requirement of "shall " as presently contained in the Plan to the more flexible "shall generally". Staff have no objection to this modification. b) These comments speak to other potential sources of noise and vibration and the need for appropriate buffers. Staff have reviewed the suggested wording and have no objection to this proposed modification. C. Section 2.3.3 - Parkland and Open Space a) This comment makes reference to the alternative parkland dedication requirements of the Planning Act which cannot be used unless the Official Plan contains specific policies related to such conveyances. Staff note that such policies have not been included in this Plan, pending finalization of the Town 's Culture and Recreation Master Plan, at which time the utilization of Section 41(3) of the Planning Act could be considered by amendment to the Plan. b) This comment relates to a change in the Provincial Planning legislation, and this modification is therefore required to comply with the requirements of the new Planning Act. i Report No: PD-44-83 .. ./4 D. Section 2.4 - Environment a) This comment suggests the need for a further clarification of the intent of Section 2.4.2(iii ) dealing with Environmental Impact Analyses. In that regard, we would suggest the following modification. Deletion of the words "land uses" in the first line and their replacement with the words "land use designations". We would also suggest the addition of the following sentence to the end of Section 2.4.2(iii ) : "Upon conclusion of such reassessment, an amendment to this Plan may be required to change the land use designation to one which more appropriately respects the particular environmental sensitivity of the lands in question." b) These comments generally relate to the Hazard Land designations contained within the Plan, and more specifically, suggest that only buildings and structures necessary for flood or erosion control be permitted within the areas subject to flooding under Regional Storm conditions. Discussions with Regional Planning staff, however, have identified a concern with respect to the implications of such a policy upon certain public works undertaken by the Region or the Town. In that regard we would suggest that the proposed modification be reworded as follows: "In this regard, only buildings and structures necessary for flood or erosion control and public works will be permitted within those areas subject to flooding under Regional Storm conditions as defined by the engineered lines established by the Central Lake Ontario Conservation Authority." i Report No: PD-44-83 . . ./5 c) These comments deal with the identification and control of land uses upon and adjacent to sites previously used for waste disposal purposes. Four sites have been identified based upon information made available by Town staff, and we would have no objection to the identification of these sites upon Schedule 2 of the Urban Area Plan, subject to inclusion of the following Policy Statement in lieu of the modification suggested by the Ministry of the Environment: "Section 2.4.2(v) Former waste disposal sites are identified on Schedule 2 as Waste Disposal Assessment Areas. The Town shall amend its Restricted Area By-laws to further delineate and rezone the Waste Disposal Assessment Areas as "H-HOLDING ZONES". Prior to rezoning to delete the Holding Zone Designation, the proponents shall submit to the Ministry of the Environment, for their approval , such engineering studies as may be required by that Ministry in respect of such matters as potential gas migration , reachaites, hydro-geology, structural stability and the safety and integrity of proposed structures. Upon receiving the written approval of the Ministry of the Environment of the appropriateness of the proposed development, the Town shall consider rezoning the lands in question to delete the "H-HOLDING ZONE" provisions." The "Waste Disposal Assessment Areas" should be identified on Schedule 2 to the Official Plan by the use of an asterisk symbolizing the former waste disposal site. E. Sections 2.5 and 2.6 - Central Areas and Commercial Uses 1 . Retail and Market Analysis This comment relates to an apparent inconsistency in the terminology contained within -the Plan and we would suggest the following modifications : Report No: PD-44-83 . ../6 Subsection 2.5.2(ii )g) : "Additional local central areas may only be permitted by amendment to this Official Plan. Applications for an amendment to designate additional local central areas, regardless of scale, shall be accompanied by a retail anaylsis to justify the need for and to identify the effects of such proposed local central area upon the viability of any existing central area designated on Schedule 1 to this Plan." Subsection 2.5.3(ii ) : "Prior to passing an implementing Restricted Area (Zoning) By-law, Council may require that a retail analysis be carried out, at the expense of the applicant, to justify the need for and to identify the effects of such proposed development upon the viability of any existing central area designated on Schedule 1 to this Plan." Subsection 2.6.3(ii ) : "Prior to passing an implementing Restricted Area (Zoning) By-law, Council may require that a retail analysis be carried out, at the expense of the applicant, to justify the need for and to identify the effects of such proposed development upon the viability of any existing central areas designated on Schedule 1 to this Plan. In the case of convenience commercial facilities, a retail analysis may not be required by Council ." F. Section 2.11 - Historic Conservation a) The correspondence from the Ministry of Citizenship and Culture requests two wording changes, and suggests a number of policies which could be j considered for inclusion within Official Plans. In that regard, in Section 2.11 .2(i )c), the words "Ministry of Culture and Recreation" should be changed to "Ministry of Citizenship and Culture" ; i i I Report No: PD-44-83 and in Section 2.11 .2(iii )c) , the words "Ontario Heritage Foundation Act" and "National Monument Act" should be changed to the words "various levels of government". With respect to the suggested policy inclusions, staff are not in a position at this point in time to provide detailed comments on the advantages or disadvantages of including these policies, and would suggest that they be given further consideration at some future date, and if deemed appropriate, such policies added by amendment to the Plan. This is suggested in an effort to expedite consideration of the modifications presently before us as well as the ultimate approval of the Plan. b) This comment relates to Section 2.11 (iii )d) dealing with zoning incentives or density transfers. For the sake of simplicity, bearing in mind the intent of this Plan with respect to residential densities, we would suggest that this Section be modified by the addition of the words "within the same neighbourhood" following the words "density transfers". c) LACAC By-laws During the review of the Newcastle Village Urban Area Plan, a further concern with respect to LACAC By-laws was identified. This concern was related to the need to clarify by minor rewording the requirements of LACAC By-laws. It is therefore suggested that Section 2.11 .2(ii ) be revised by the addition of the phrase "of any features identified in the By-law" after the words "additions or demolition" in the second sentence. I i i Report No: PH-44-83 . . ./8 G. Section 2.12 - Energy Conservation These comments suggest a more comprehensive review of energy conservation policies at some future date, which staff concur with, and also identify a potential conflict as perceived by the Ministry of Energy with respect to our transportation and energy conservation objectives. In that regard, we would suggest the addition of the following words to Subsection 2.12.2(ii ) "bearing in mind the transportation planning policies of this Plan. " This addition should effectively avoid any conflicts, bearing in mind the overall intent of the Plan. H. Section 3.5 - Development Agreements These comments relate to the proposed wording of Section 3.5.3, and more specifically, the inclusion of the words "architectural treatment" which, pursuant to the Planning Act, cannot be considered through Site Plan control . The words "architectural treatment" were originally used to allow the Municipality to exercise some control over the architecture of a building where compatability with its surroundings was a concern to the Municipality, such as in historic areas of the Town. We would therefore suggest that the words "architectural treatment" be deleted and replaced with the following: "massing and conceptual design consistent with the predominant character of the surrounding neighbourhood". If this wording is acceptable to the Ministry of Municipal Affairs and Housing, it would provide us with a basis for requiring that new development or redevelopment respect the architectural character of a neighbourhood and that this be reflected by the conceptual design of such development or redevelopment. I I Report No: PD-44-83 . . ./9 I . Requested Modifications a) Neighbourhood 3A This comment relates to a recent Council request for deletion of the "High Density" residential designation on the lands located immediately east of the Waverly Plaza. It also addresses the need to identify a "Medium Density" site to the north of St. Stephen 's School , consistent with a draft plan of subdivision submitted by 1/4 Investments, and as recommended by Council for draft plan approval . b) These comments relate to corrections to cross-references contained within -the Plan, and staff have no objection to these modifications. Based on the foregoing, staff are recommending that Council endorse the Ministry's proposed modifications, subject to the qualifications contained herein, and that copies of this Staff Report be forwarded -to the Region and the Ministry for their information. Respec 11 mitted, T. T. Edwards, M.C.I.P. Director of Planning e mjc ebruary 23, 1983 Ministry of 416/965-6418 56 Wellesley stf6e-t West Municipal Affairs 8th Floor Toronto,Ontario and Housing IV17A 21<4 Ontario 1983 02 22 Dr. M. Michael FED 23 Commissioner of Planning Regional Municipality of Durham Tow N rJT NUTICA 105 Consumers Drive pj-A�JNING DEPART.MUff Whitby, Ontario LlN 6A3 Subject: Proposed Official Plan for the Bowmanville Urban Area (part of the District Planning Area for the Town of Newcastle) File No. 18-OP-0188 Dear Dr. Michael: We have completed our review of this proposed Official Plan for a portion of the Town of Newcastle District Planning Area. Attached for your consideration are our comments and suggested modifications. We would appreciate receiving responses from both the Town and Regional Councils as soon as possible by resolution.. Yours truly, . P. Newton Senior Planner Plans Administration Branch cc: Town of Newcastle - Pl. Dept. v-"' Town of Newcastle - Clerk M. O.E. - Central M.N.R. - Lindsay CLOCA MCC Min. of Energy Ontario Hydro C.N. R. C. P.R. THE OFFICIAL PLAN FOR THE BOWMANVILLE URBAN AREA A. Section 2 . 1 - Residential a) Section 2. 1. 2 (ii)c) - Permitted Uses o' We note that "senior citizens housing" is listed as a type of community use permitted in residential areas. Such housing is usually considered as a residential use and does not require specific reference in residential policies. However, unlike the regional official plan policies, no reference has been made to "nursing homes" and 'homes for 'the aged" which are in fact located in "Residential" designations. If it is the intent to permit nursing homes and homes for the aged, "senior citizen housing" should be changed to "nursing homes and homes for the aged" . b) Section 2. 1. 2 (v) - Densities This section states that proposals will be reviewed by ap roriate authorities with respect to the carrying capacity of the lands. This statement appears vague. What authorities will be reviewing the proposal and what components will be evaluated to determine carrying capacity? If the statement intends to implement a process more detailed than normal planning review, the additional requirements should be clearly stated. B. Section 2 . 1 . 3 - Implementation a) Subsection (i) states that development shall be f by means of plans of subdivision, while subsection (iv) refers to permitted infilling. These statements appear to conflict. Possibly subsection (i) should state that development "shall generally" be by plans of subdivision. :i' J b) Subsection (vi) requires noise and vibration attentuation measures be undertaken for .development .1 adjacent to railway lines. There are also other noise sources which may require that adjacent development include attenuation measures, such as major roads and highways. 2 - E The following is a sample of a broader "buffering" policy which includes noise attenuation requirements for your consideration. If a similar policy is to be included here in the residential policies, it should be repeated with necessary modifications for other land uses as well. We suggest the following two sections be added: (vii) "Appropriate buffers shall be required to separate residential uses from non-residential uses for the purposes of reducing or eliminating conflicts such as noise, emissions and view. Buffering may be achieved through the use of setbacks, berms, walls, fences, plantings , intervening land uses, or a combination of these measures. Buffering requirements shall be determined for relevant development applications by the town, in consultation with the Ministry of the Environment and other affected public agencies, at which time consideration shall be given to the specific residential uses proposed, the nature and type of uses to be protected and the extent of the conflict. (viii) In addition, appropriate noise control measures may be necessary design considerations for all lands in proximity to major roads and highways. All development applications for such lands shall be accompanied by plans showing the siting of dwellings, building and structure designs, and noise control features. " 'C. Section 2. 3. 3 - Parkland and Open Space I i a) subsection (i) a) refers to conveyance and/or acquisition of parkland under the Planning Act. Please note that the alternate requirements under section 41 (3) of the Planning Act ( 1 ha per 300 dwelling units) cannot be used unless the official. plan contains specific policies related to such E conveyances. Policies are usually based on a Parks and Recreation study and define where and how the conveyances are determined. These lands are intended to meet local neighbourhood parkland needs. For further information, see this ministry' s publication "Parkland Dedication: A Guideline on Section 35b of the Planning Act" , July 1981 . 3 - `� C - b) Subsection (ii) sets out the town' s Cash-in-Lieu requirements. These requirements differ from those in section 50 (5) and (9) of the new Planning Act. We suggest that "upon draft approval" be changed to "the day before the day of draft approval" . D. Section 2. 4 - Environment a) Environmental Impact Analysis Section 2. 4 . 2 (iii) outlines the alternative review of land uses after the Environmental Impact Analysis has been completed. The section could be interpreted to mean that an official plan amendment for an alternate use would not be required. We suggest that a rewording be considered to indicate that, if necessary, the alternative would be subject to an official plan it", amendment. b) Hazard Lands Section 2. 4 . 2 (iv) sets out the Hazard Lands policy. The "Hazard Lands" areas identified on the land use schedule generally correspond to '•the floodplain lands of the local watercourses. These lands are those subject to flooding under regional storm conditions and are defined by engineered lines. ' Development in these areas should be restricted to buildings and structures necessary for flood and erosion control. Any other proposals must be considered under the policies and procedures established by the province and contained in the recent publication "Flood Plain Criteria - A Policy Statement of the Government of Ontario on Planning for Flood Plain Lands" (September 1982) . rl I We, therefore, suggest that the following sentence be added to section 2. 4 . 2 (iv) a) : "In this regard, only buildings and structures necessary for flood or erosion control will be permitted within those areas subject to flooding under regional storm conditibns as defined by the engineered lines established by the Central Lake Ontario Conservation Authority" . Section 2 . 4 . 3 (1) would therefore only be applicable to Hazard Lands other than those within the regional storm limits (ie. steep slopes, unstable soils, etc) . 4 -- c) Waste Disposal Assessment Areas Based on information supplied by the town, the Ministry of the Environment has identified four waste disposal sites and areas of potential influence in the urban area. The sites are located on Jackman Road, Duke Street, Simpson Avenue and the Bowmanville Foun4ary lands. The decomposition of waste can generate explosive gases that can migrate through soils, creating fire and explosion . threats within the areas of potential influence. Before development takes place on the lands, studies must be undertaken to ensure that development can safely take place. ' . The Ministrylof the Environment therefore recommends that the sites and areas of potential influence be shown on Schedule 2 (as attached) and be subject to policies included in Section 2 . 4 , Environment. A new Section 2. 4 . 3 is suggested, as follows: Section 2 . 4 . 3 - Waste Disposal Assessment Area (i) Waste disposal assessment areas are classified as potentially environmentally sensitive areas for future uses and are identified on Schedule 2 . The prior use of lands for the disposal of waste was a legitimate use that has long term effects on future uses of these lands and possibly adjacent lands. In recognition of this, waste = disposal assessment areas identify lands for which policies exist to ensure that all development occurs cognizant of the prior uses in the area so as to safeguard all future uses. (ii) The policies for the sites are intended to recognize prior uses of the lands which are potentially hazardous to future uses that are not designed cognizant of presence of waste. In areas delineated by the waste disposal � assessment area- overlay shown on Schedule 2, uses may be permitted by the Town -in consultation with the Ministry of the Environment subject to Az, the following policies: , ++ a) studies have been carried out to the satisfaction of the Town of Newcastle and the Ministry of the Environment and , j shall indicate that development can safely �1 take place; fi� 5 b) the town shall require the construction and phasing of all development to coincide with the control of any problems identified by the engineering studies; c) studies of gas, leachate, hydrogeology shall be carried out by qualified engineers; d) the town shall be satisified with the required studies with respect to any matter regarding structural stability, safety and integrity of any or all structures ; e) notwithstanding the land use designations on Schedule 1, residential development will not be allowed to proceed on areas identified by Sections (a) and (c) above, as containing organic or chemical wastes . n (iii) In areas subject to waste disposal assessment overlay only land uses compatible with the potential impacts of waste disposal sites or their engineered controls will be permitted ' and may have to be determined by Official Plan amendment as a result of studies conducted in Section (ii) . (iv) Land subject to the waste disposal site overlay shall be zoned in a new by-law in a "holding zone" as an interim measure. When such areas1 are deemed suitable for development, lands affected by the waste disposal assessment area symbol and zoned "holding" , may be rezoned in accordance with the implementation policies of this section. Proposed Section 2 . 4 . 3, Implementation, would become I Section 2 . 4 . 4, with the following changes to 4 subsection (i) : � "Proposals for development of lands identified as hazard lands, environmentally sensitive, or waste disposal assessment areas, shall be considered by council, in consultation with the Region of Durham, Central Lake "Ontario Conservation Authority, the Ministry of Natural Resources, and/or the Ministry of the Environment, after taking into account: " 6 The identification of the sites and the related policies will ensure a complete review of any area prior to development, particularily for the vacant Jackman Road, Simpson Avenue, and Foundary Sites. However, recognizing the nature and extent of development in the Duke Street area and the lack of detailed information on the operation of the possible former waste ° disposal site, we would like to arrange a meeting [ with town, region and Ministry of the Environment staff to discuss this matter further as soon as possible. E. Sections 2. 5 'and 2. 6 - Central Areas and Commercial Uses 1. Retail and Market Analysis ' Section 2. 5. 2 (ii) g) , Local Central Areas, refers to a required "retail analysis" , whereas other sections (2 . 5 . 3 (iii) and 2. 6. 3 (ii) ) refer to "market. analysis" . If a distinction is being made respecting the type of analysis required, this should be clearly stated - especially in Section 2. 5 . 3 (iii) for Implementation of Central Areas . F. Section 2 . 11 - Historic Conservation a) We attach the comments from the Ministry of Citizenship and Culture for your information and consideration. ' The name changes noted by the Ministry should be made by modification. i b) Subsection (iii) d) lists zoning incentives and density transfers as means of encouraging preservation. Council may wish to consider including general guidelines for the use of these incentives now or by future amendment. For example, density transfers might only be considered within a maximum distance of the subject site or within the same neighbourhood. G. Section 2 . 12 - Energy Conservation Attached are comments from the Ministry of Energy for your information and consideration. Although we support the inclusion of policies addressing energy conservation through land use planning, the methods go beyond design and technology. Council may wish to consider a more comprehensive review of the official plan policies following the study by the r'F? region and/or the town. 7 H. Section 3. 5 Development Agreements With respect to site plan control agreements, we note that section 40 (4) 2 of the Planning Act, R. S.O. , 1980 and the new Planning Act specifically exclude "architectural detail" . To avoid confusion in terms , "architectural treatment" in section 3. 5 . 3 might be replaced with "massing and conceptual design" . I. Requested Modifications During our review, we have received the following requests from the town. a) Neighbourhood 3A. Council has requested the removal of the "High Density" symbol located east of Waverly Road for Block E, Plan 702 (D'Angelo) on Quinn Drive. We have also been advised that a "Medium Density" symbol was omitted in error and should be located west of Waverly Road, north of the separate school and neighbourhood park sites . b) Ref erena..e Corrections Page 2 Section 2. 1. 2 (ii) d) : line 2 - "2 . 5. 2 (iv) " should be "2 . 6 .2 (ii) " Page 22 Section 2 . 9. 2 (x) : line 1 the section number should be " (ix) " 4=` 0OWUANVILLE N l ® u� warn xj".1 Zp \ r�,.r„ZD p •^any.' '" 1l 1 � iii: ..J• 't'+ ® ARttvi {`4v> `9'1ev'1w"N '.µ � �• � 2C M6m1 C8Htatl.Ae1�A dIVl9 + 'N s►mdAl a>wa COWCACIAL �r ZA +.,. �'. s i iq• r ;ID _,,.J r N *cHbowignoom Dom '!' � .f,.f} :rri�� t•'?�` t ® IaYJLL. CDfTM14A4 AIRA . ComagAo" Po" N ware a •, 444 se ,, O utxm JV/6CY9 C1.CEs£f7'fCNY SGTfO0l5 7�i. / ^+ .0'}•�'��� 1/171 � ±\ I �Y.',�, -.�k'."M N ,.��.',.i�r>�iy. "...•. a:o.. ® M131.1G i ,/ r a.: t1t •;'�!+^�; •v { a5 T{' J raL's 22!!M 9 ::,�.+.q�, - r ;a:.:.�'mss•. a''°2°�::r `N �� '"A` �6GC4•! �:;:i S-tom°?✓�.a:'a� .Ji' ...;: �•^�1.-'• �'s t;o, y` T ® i �'" " •y °�` - '^ ? '". .�°Ry����t'. -+�:.��,•; y ta, � +:�.�r nx PVC • `i � '.�.Y :, - •,�T4:�l�':.=S•,•;�.i'a7'r,.=. .u ;a � 1�'�('q�$' � 5 ix%•. ii?1YAItY U t — "°� ♦OI ��.' TRAk POWrAnm N£Tt i� :'fig - _ �Y }.�}'„��•y+,�,. amu od.,ftw]M tra ,.� �•� .' to ih�ilr �� � '.c i• �� LAAW MMAW i TOWN OF NEWCAST1:'? ea..+.8.v ww.�•..arwsc..B•�'cs1 DOWMANVIl.LE LANG USE STWUMMg:PLE- i _� SCHEDULE 1 '( � 1. '..�. •. .A ✓,Y+ °�.. ,. Mc- `rte jr� `+.ir: .•� ��� - �� e�-� �, . ">.�•i \ i •� ;., Al 1 \ _ i• `-/ Y ! -'j VV ,��, \ , �°••- A:ft S; 4 •�' -- '� Iii --� % ' �, �� �,.� h.`j;, •4 ���i�' i L ..Ire.���.. � •Y°m�' 1 /'// I. 'U' tom• ' t �— ' j \ !� Envir 2 BOW MANVILLE ANVILLE �mentol Sensitivity is -�- lkban Area Boundary Environmentally Sensitive Arens vua ray I-A-16/A 0 a00 :000 woo F- 0 300 600 *00 •S� Ontario Ministry of Minist6re des 77 Bloor Street West 77 ouest,rue Bloor Toronto,Ontario Toronto, Ontario Citizenship Affaires civiques M7A 2R9 M7A 2R9 and Culture et culturelles �a x_ Grants Management Branch Your File: ®~ Agency Liaison and Project Planning Section. urF11: 965-0322 1982 .10 . 25 y F , Ms. Linda Tennant, Planner, ( � Community Planning Review Branch, Ministry of Municipal Affairs and Housing, 56 Wellesley Street West, 8th Floor, Toronto, Ontario. ' M7A 2K4 . . Dear Linda: Re : Proposed Repeal with concurrent adoption of a new Official Plan for the Bowmanville Urban Area (Part of the District Planning Area for the Town of Newcastle) Now the Regional Municipality of Durham Planning Area. File No: 18-OP-0188 We find the section on Heritage Conservation (2 .11) $ satisfactory in its coverage of designated heritage resources, with two minor exceptions : a Section 2 . 11. 2 .i.C. Line 3 - Change, "Culture and Recreation" to, "Citizenship and Culture" . { Section 2 .11. 2. iii .0 - Replace "The Ontario Heritage Foundation Act and National Monument Act" , with a more general reference k to "different levels of government" . However, other heritage features including existing houses, g wood lots, hedge and fence rows, water courses , ruins and archaeological sites which may exist in the area are offered r'=? little protection from the development process unless they p? j have been designated. Thus, it is quite possible for many resources of heritage .value to be devalued, despoiled or even destroyed in the course of the development approval process, that:is when the effect is about to take place . Therefore , we suggest some consideration be given to expand the Bowmanville Urban Area Plan by identifying the range of poteri- tial heritage resources and the planning tactics necessary to evaluate and maintain them. 2 The enclosed sample illustrates additional preservation policies over and above designation under the Ontario Heritage Act. Please bear in mind that all of these are not necessarily applicable to Bowmanvill.e. :t Also please note that a Culture and Recreation Master Plan is being prepared for the Town of Newcastle with assistance from the Wintario Planning Grants Program. The consulting firm' s work program includes a review of the Official Plan and related documents in order that the Master Plan be compatible with and complimentary to existing planning policy documents . Yours truly, Shirleytwton, Community Planning Advisor Encl . cc : Pam Craig '.t John Weiler SN/db � I •Rx • 1 I I i >�P 3 �a C.. �7 Heritage Resource Conserv,�tion Policies I .J . The principal intent of this Official Plan is a future development strategy which will sensitively manage the wealth of local heritage resources. It is intended that those resources of archaeological , historic or architectural merit will be conserved, where feasible, to retain the heritage and preserve its character; all new development within the boundaries of the Township will be accommodated in ,a manner which respects the existing communities' heritage and which preserves and enhances the character of the area. It is intended that the Plan will encourage the restoration, ® protection, maintenance, and enhancement of heritage resources which include, but are not necessarily restricted to archae- ological sites, buildings and structures of historical and. architectural value, and man-made rural , village, and urban landscapes of historic and scenic interest. The plan will foster the development of a built environment which incorporates . and utilizes heritage resources. 1 .1 .1 . All new development permitted by the land-use�policies and designations of this Plana shall have regard resources and shall , wherever e�hrm be possible, resources into any p Y prepared for such new development within the Township. 1 . 1 .2. All new residential development in older established residential areas of historic, architectural or landscape value shall be encouraged to develop in keeping with the overall character of these areas. Existing dwellings or other buildings of archi- tectural or historic value which are located on lands to be subdivided shall be conserved wherever possible and conservation of such buildings may be a requirement in any subdivision agreement. 1 .1 .3. Consideration shall be given to the effects of public works `. and development on buildings , sites, and areas, of historical , architectural , scenic or archaeological importance prior to the approval of public works and proposals for development. ] .1 .4. Within Hazard Lands, and Open Space Areas recognized in this Plan, Council shall encourage measures which enhance public appreciation and visibility of interesting industrial operations, buildings, structures, or landscapes of historic, archaeological , or scenic value. 1 .1 . 5. In securing extensions to arterial streets and other necessary road improvements in general , including re-alignment and rl road widening, consideration shall be given to the impact of such extensions or improvements on heritage resources, especially on the character of village streetscapes and major crossroads or interesection. i l - 2 - F` i 1 . 1 .6. In all areas , Council shall ensure that great care be taken (\J e:r, to preserve mature trees and other vegetative amenities. c. Existing landmark trees and tree and hedge lines shall be an ` essential consideration in the design of any development. The preservation of trees along streets and roads shall be encouraged by Council , except where removal is necessary because of disease damage, , or to ensure public health and safety, in which case, such removal shall only be undertaken subsequent to the approval of Council . x 1. 1 . 7. It shall be the policy of the Township to use all relevant legislation to encourage the preservation and enhancement of heritage resources and that would seek to develop a greater awareness of the value of heritage conservation 'in the community. 1 . 1 .6. The Ontario Heritage Act, 1974, will be utilized to conserve, protect and enhance the heritage of the Township through the tp designation of individual properties and areas of architectural and historical significance. 1 . 1 .9. The Township will establish a LACAC, or consult, on an on-going basis any local Historical Society or other groups as appro- priate, in order to receive the benefit of their expert knowledge in the preparation of a list of buildings and sites of historical significance and to assist in planning for the conservation of heritage resources in the community. 1 . 1 . 10. Council may investigate and adopt further measures available for the implementation of heritage resource conse rva tion G policies. These shall include legislation pursuant to The Planning Act (R.S.O. as amended) , more especially, Section 33, � uE' ivis. on Agreements and restricted area and building by-- laws under Section 35 (1 ) ; development control under Section -35 (a) ;' property maintenance by-law under Section 36; -and ba demolition control area under Section'37 (a) and legislation ' pursuant to The -Muni6j al Act (R.S.O. as .amended) particularly with regard to Business Improvement Area designation, (Section 361 ) ; tree by-laws, (Section 457) ; and sign by-laws (Section 354 (1 ) (126)). 1 . 1 . 11 . Council also recognizes that there may be archaeological remnants of prehistoric habitation within the Township and important archaeological evidence of historic activities which would be of value in future conservation of the built environment. Council will therefore facilitate survey by j government or private agencies should those agencies deem it necessary and will encourage the preservation or rescue excavation of archaeological resources which might be entailed in any future development. E _ 3 _ . 1 . 1 . 12, Council will utilize the following government programmes to assist in the implementation of heritage conservation policies: The Ontario Heritage Foundation; and the Ministry of Housing's Main Streets Revitalization and Downtown Revitalization Programmes and the Community Services' Contribution Programme. til Marilyn Miller Heritage Planner Heritage Planning Section June 19, 1980 4 � Ontario Energy Ontario Ministry Queen's Park of Toronto, Ontario Energy Telex-2B7 06 17 80 965- 065 August 6, 1982 RECEIVED Ms. Cindy Love AUG 1 0195 Community Planning Review Branch 7° Ministry of Municipal Affairs and Housingra,aa�, Administration . Division 56 l Wellesley Street West L.../ Toronto, Ontario CUP Dear Ms. Love : . The Bowmanville urban area Official Plan ( file no. : 18-OP-0188) includes a number of energy management policies which are commendable. Matters such as density, land use mixing and subdivision planning are dealt with in a manner which ,facilitates energy-efficient community planning. One negative remark, however, relates to two policies which are conflicting in nature. Section 2. 9<2 . vi . b (transporation) states: "Local roads shall be ° u=i designed to discourage through traffic" (page 21) , However, under Energy Conservation, Section 2, 12. 1 and 2. 12. 2. ii (pp. 25 and 26) the objective is to promote and create patterns of development ( i. e. subdivision) which are conducive to energy conservation and encourage the design of energy efficient concepts. The two policies taken together appear to conflict. The authors may wish to reword one or both of the policies to avoid possible future problems. Yours truly, k Bill Mocsan Planning Assistant Conservation and Renewable Energy Group i; '±r.