Loading...
HomeMy WebLinkAboutPD-49-83 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 MARCH 7, 1983 REPORT NO. : PD-49-83 SUBJECT: OFFICIAL PLAN FOR THE NEWCASTLE VILLAGE MINOR URBAN AREA - PART OF THE DISTRICT PLANNING AREA FOR THE TOWN OF NEWCASTLE FILE : OP-2.3 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-49-83 be received; and 2. That the modifications to the Official Plan for the Newcastle Village Minor Urban Area , as proposed by the Ministry of Municipal Affairs and Housing, be endorsed subject to the revisions outlined by this Staff Report PD-49-83; and 3. That a copy of Staff Report PD-49-83 be forwarded to the Regional Municipality of Durham and the Ministry of Municipal Affairs and Housing for their information. Report No: PD-49-83 . ../2 BACKGROUND: On February 25th, 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 Newcastle Village Minor 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 This comment is the same as the comment made with respect to the Bowmanville Official Plan. The change in wording reflects the terminology of the Durham Regional Official Plan, and the intent of this Plan, and we would have no objection to this modification. i b) Section 2.1 .2(ii )d) - Convenience Commercial This comment makes reference to an apparent error in the cross-referencing contained within the Plan. The correct cross-reference should read "Section 2.6.2(i )" c) Section 2.1.2(iv)a) - Residential Densities This comment indicates that a definition of low and medium density is required. Staff's review of our files indicates that the original draft Plan identified a maximum density, and that somewhere in the course of processing, a portion of a sentence was deleted resulting in this apparent deficiency. i Report No: PD-49-83 . . ./3 Section 2.1.2(iv)a) should read as follows: "The density of residential development within -the i Newcastle Village Small Urban Area shall be generally restricted to low and medium density, with an overall average density not to exceed fourteen (14) units per net residential hectare." d) Section 2.1.2(iv)b) - Residential Densities This comment is the same as comments made in respect of the Bowmanville Official Plan and, as in that instance, we would suggest that the present Section be deleted in its entirety and replaced with the following new Section 2.1.2(iv)b) : "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 lands respects the ability of the Regional Municipality to provide full municipal services with sufficient capacity to accommodate the proposed development, while at the 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 is generally the same as a comment made with respect to the Bowmanville Plan, and 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. I b) As with the Bowmanville Plan , 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. -iv v i Report No: PD-49-83 . . ./4 C. Section 2.3.3 - Parkland and Open Space a) Again, the comment contained herein is identical to comments made with respect to the Bowmanville Plan, pointing to the fact that the alternative parkland dedication requirements of the Planning Act cannot be used unless the Official Plan contains specific policies related to such conveyances. Staff note that such policies have not been included in the Plan and pending finalization of the Culture and Recreation Master Plan, further amendments could be considered. b) The modification suggested here is again the same as one proposed for the Bowmanville Plan, and staff would have no objections thereto. D. Section 2.4 - Environment a) This comment suggests the need for further clarification of the intent of Section 2.4.2(iv). As with the Bowmanville Plan, we would suggest the addition of the following sentence to the end of Section 2.4.2(iv) : "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) Again these comments relate to similar concerns expressed in the review of the Bowmanville Plan. We would again recommend the same modification: "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 C a e Conservation Authority." I IV Report No: PD-49-83 . . ./5 c) Lake Ontario Shoreline This comment relates to Section 2.4.2(v)b) , which makes reference to the identification of Hazard Lands and the conservation authority with whom consultation will take place. Inasmuch as the Ministry of Natural Resources is responsible for Hazard Land mapping for the Lake Ontario shoreline, reference to that agency should be added to this Section. We would have no objection to this modification. E. Section 2.5 - Central Areas a) Mixed Commercial -Residential This comment requests clarification of the intent of Section 2.5.2(i )e)iii ) . The intent of this Section is to permit retail commercial uses, office uses and residential uses without requiring that a residential building contain a retail or office component. We would suggest that this Section be modified as follows: i "iii ) Mixed Commercial -Residential The predominant uses permitted within the Mixed Commercial-Residential designation shall be retail , office, and mixed used commercial -residential buildings. Notwithstanding this, residential buildings without a retail or office component may be permitted provided that the residential building approaches the maximum allowable floor space index and the conceptual design maintains the character of the central area." b) Market Analysis This comment requests changes in references to the words "market analysis" to ensure consistency throughout the Plan and with the 8owmanville Urban Area Plan. This Section should be reworded as follows: Report No: PD-49-83 . ../6 "2.5.3(iii ) 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 a proposed commercial development and to identify the effects of the proposed development upon existing commercial development and central areas designated on Schedule 1 to this Plan. 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 a proposed commerical development and to identify the effects upon existing commecial development, including 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 2.9 - Servicing and Staging a) Storm Water Management This modification requests the addition of the Ganaraska Region Conservation Authority as a consulted agency for the preparation of storm water management plans. Staff have no objection to this modification to Section 2.9.2(iv), which should be revised as follows : "2.9.2(iv) Council shall require that the development or redevelopment of land incorporate effective storm water management techniques to provide for a well defined system of storm water and surface drainage, and to minimize short and long term environmental impacts. Such management techniques may be further detailed in the appropriate development plans in consultation with the Ganaraska and Region Conservation Authority and may include appropriate controls on the rate and quality of storm run-off for minimizing siltation during all phases of planning and construction of new development in order to minimize or off-set any impacts upon receiving water courses." i i I (J) Report No: PD-49-83 „/7 G. Section 2.10 - Historic Conservation a) Reference Changes This comment is similar to comments made in respect of the Bowmanville Urban Area Plan and speaks to the need to change references to various Ministries and Acts. Staff have no objection to this clarification. b) LACAC By-laws This comment reflects a request by the Ministry of Citizenship and Culture for a rewording of Section 2.10.2(ii ) to clearly describe the requirements of LACAC By-laws. This modification is acceptable to staff as proposed. c) Zoning Incentives and Density Transfers This comment is the same as comments made with respect to the Bowmanville Urban Area Plan and we would recommend the same modification be made, that being the addition of the words "within -the same neighbourhood" following the words "density transfer" in Section 2.10(iii )d). I. Section 3.5 - Development Agreements This comment reflects a similar concern expressed with respect to the Bowmanville Urban Area Plan. We would therefore suggest that the words "architectural treatment" contained within Section 3.5.3 be deleted and replaced with the following: "massing and conceptual I design consistent with the predominant character of the surrounding neighbourhood". i C Report No: PD-49-83 . . ./8 J. Schedule I This comment reflects two requested modifications to Schedule I, the Land Use Structure Plan, as follows : a) Graham Creek The addition of further Hazard Land designation on lands located within the vicinity of the Graham Creek, north of Highway 2, south of the C.P.R. line. Staff have no objection to this modification. b) Crown Land The comment of the Ministry of Natural Resources identified a Crown Land lot which provides public access to -the Wilmot Creek in the vicinity of Toronto Street, north of the C.N.R. line. This land is presently designated "Industrial " and the Ministry of Natural Resources suggested the site be redesignated to "Major Open Space". Staff would have no objection to this modification. 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 ull fitted, T. T. Edwards, M.C. I.P. Director of Planning A_ E*mjc March 1 , 1983 Ministry of 416/966.6418 66 Wellesley street West Municipal Affairs 8th Floor and Housing Toronto,Ontario x g M7A 2K4 Ontario 1983 02 25 4k Dr. M. Michael Commissioner of Planning Regional Municipality of DurhamI P.O. Box 623 605 Rossland Road East =Y Whitby, Ontario L1N 6A3 Subject: Proposed Official Plan for the Village of Newcastle Small Urban Area, part of the Town of Newcastle District Planning Area. File No. 18-OP-0194 SAY? Dear Dr. Michael: i We have completed our review of this official plan. Attached are our comments and suggested modifications . We would appreciate receiving the councils ' responses to the modifications as soon as possible. With the copy of this letter being sent to the Town of Newcastle Planning Department, we are =1 enclosing a copy of the former Ministry of Culture and Recreation publication "Guidelines on the Man- Made Heritage Component of Environmental Assessments" . This document was submitted by the Ministry of E Citizenship and Culture for the town ' s consideration should it wish to include such matters in required Environmental Impact Analysis. o rs truly, J P. Newton J enior Planner IS � Plans Administration Branch FEB 25 ]983 Attach. ' PLANNING DEPARTMENT cc: Town of Newcastle - P1. Dept: Town of Newcastle - Clerk Town of Newcastle District Official Plan for the Newcastle Village Small Urban Area A. Section 2. 1 - Residential a) Section 2. 1. 2 (ii) c) - Permitted Uses e 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" . :a b) Section 2. 1. 2 (ii)d) - Convenience Commercial This policy refers to section 2. 6. 1 of the plan. It appears that the reference should be to either section 2. 6 or 2. 6. 2 (i) and 2. 6. 3. Please advise if this is in fact a typographical error. c) Section 2. 1 . 2 (iv) a) - Residential Densities The plan does not define low and medium density ranges. Such a statement should be included. d) Section 2. 1. 2 (iv)b) - Residential Densities This section states that proposals will be reviewed by appropriate 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 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 2 - rl b) Subsection (vi) requires noise and vibration attenuation measures be undertaken for development 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. The following is a sample of a broader "buffering" a 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 �w setback, 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, j 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. i 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 a) subsection (i) a) refers to conveyance and/or acquisition of parkland under the Planning Act. Please note that ='t the alternate requirements under section 41 (3) of the a{f Planning Act (1 ha per 300 dwelling units) cannot be - j used unless the official plan contains specific policies related to such 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 - = f= b) Subsection (iii) 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 a) Environmental Impact Analysis Section 2 . 4 . 2 (iv) 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 ;t considered to indicate that, if necessary, the alternative would be subject to an official plan amendment. b) Hazard Lands Section 2. 4. 2 (v) 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. =t 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 N Planning for Flood Plain Lands" (September. 1982) . '`~ We, therefore, suggest that the following sentence be added to section 2. 4 . 2 (v) a) : "In this regard, only buildings and structures necessary for flood or erosion control will € i be permitted within those areas subject to 1 flooding under regional storm conditions as defined by the engineered lines established by the Ganaraska Region Conservation Authority" . f � 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) . i;a 0 c) Lake Ontario Shoreline Section 2. 4 . 2 (v)b) refers to the identification of "Hazard Lands" to be undertaken in consultation with the Ganaraska Region Conservation Authority. The Ministry of Natural Resources advises that it is responsible for hazard land mapping for the Lake Ontario Shoreline (100 year erosion limit) and asks to be included as a consulted agency. �.'` 4 They suggest the second sentence of section 2 . 4 . 2 (v)b) be modified to read: "the extent and exact location of such Hazard Lands shall be identified in the restricted area (zoning) by-law (s) in accordance with detailed floodline, soil, contour mapping and Lake Ontario Shoreline hazard land mapping in consultation with the Ganaraska Region Conservation Authority and the Ministry of Natural Resources. " E. Section 2 . 5 - Central Areas a) Mixed Commercial-Residential Section 2. 5. 2 (i) e) iii) appears to only permit fni separate residential uses not associated with a retail or office component. Was this the intent of the policy? b) Market Analysis Section 2. 5. 3 (i.ii) , and Section 2. 6 . 3 (ii) , refer to "market analysis" . If an alternate reference is to be included in the Bowmanville Urban Area Plan, we suggest it also be used in this plan to avoid confusion. F. Section 2. 9 - Servicing and Staging a) Stormwater Mana ement g The Ministry of Natural Resources suggests that the Ganaraska Region Conservation Authority be referred to as a consulted agency for the preparation of stormwater management plans. A references should be included in section 2. 9 . 2 (iv) . Section 2. 10 �- Historic Conservation G. Se a) Reference Changes I, The Ministry of Citizenship and Culture suggests the following changes to its name and legislation ' references : `�' . Section 2. 10 . 2 (1) : delete "1974" , following "The Ontario Heritage Act" ; Section 2. 10. 2 (i) c) : a -i Change "Ministry of Culture and Recreation" to "Ministry of Citizenship and Culture" ; Section 2. 10. 2 (iii) c) : Change "through the Ontario Heritage Foundation Act and the National Monument Act" to "under provincial and federal programs" . The changes to the legislation references will ensure the plan does not become outdated if the legislation . ` is changed. c b) LACAC By-Laws The Ministry of Citizenship and Culture suggests a rewording of Section 2. 10. 2 (ii) to clearly describe the requirements of LACAC bylaws. The- by-law should stipulate the important features of a property that make it significant. Only if the owner proposes to alter these features does he require council authorization. We suggest that the phrase " . . . of any features identified in the by-law be inserted after the words "additions or demolition" in the second sentence. c) Zoning Incentives and Density Transfers 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. For example , density transfers might only be considered within a maximum distance of the subject site or within the same neighbourhood. H. Section 2 . 11 - Energy Conservation i 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 I 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 region and/or the town. I. Section 3. 5 - Development Agreements With respect to site plan control agreements, we note that section 40 (4 ) 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 It and conceptual design" . fi`u 6 J. Schedule I The Ministry of Natural Resources has requested two modifications to Schedule I : a) Graham Creek The lands outlined in red on the attached schedule ±' are shown as hazard lands on O.L. I. mapping. These should be designated "Hazard Lands" . b) Crown "Land A Crown Land lot providing public access to Wilmot Creek, shown in green on the attached schedule, is designated "Industrial" . The Ministry suggests that this site be designated "Major Open Space" . r r i � r ;Z M1I I j A� t I i t s bt. ,s w • j �r r-.• NEWCASTLE e\\g VILLAGE • r p�'�,� Lf,_)D -Cvt -LEGEND '�M UaU.�D5 IL t_ locals URBAN AREA BOUNDARY RESIDENTIAL AREAS �,e•�{, .. . �,�+"1, a ! •I • �� a t': i:'•: •• z, r � MAIN CENTRAL AREA < •�°,. C INDUSTRIAL AREAS HWY. Ne 2 ' ;1ti;:j:<; •v v; ....y ..i' c. 'ti °6C ....�...•n1:►•h� MAJOR OPEN SPACE N !cam ® WATERFRONT RELATED MAJOR OPEN SPACE ,i HA$ARD LANDS Y f�'')Ii• � U� � �.�... NEIGHBOUR-4000 BOUNDARY r.®.®r�,.� ®raj.•.• � ti ��;i ( 1 COMMUNITY FARK o,0") ® NEIGHBOURHOOD PARK AW .,:�\ ���\�����\•�.�\\���.���•}; � °'ca �' UTILITY ' lit MARINA r � 211" ��� a; �1 �1},,. ,(1 j 1 :n�•• �/ RECREATIOtiAL NODE h ? 1 ^rri11 !U OT TOURIST ACTIVITY NODE 'I JUNIOR ELEMENTARY SCHOOLS =< 100 .•� V PUBLIC ..... SEPARATE s T � R M TRANSPORTATION 4ART ONTARIO -'(Rood neiwoft is qefterotized aye canodula 3 for deloile) I TOWN OF NEWCASTLE v � b1oaaTw wT Of ►tmml,4•NS DEVELDOUW NEWCASTLE VILLAGE SMALL URBAN AREA 1 LAND USE STRUCTURE PLAN SCHEDULE 1 AUG 11 P® H. ,m„ uAQCh Y9.noe2 � ,� ;l 30 3 Energy Ontario Ontario Ministry �V Queen's Park Toronto, Ontario of WA 2137 Energy Telex-06217880 - 0959 December 10 , 1982 ®w MEMORANDUM TO: L. Tennant Planner Plans Administration Branch Central and Southwest Ministry of Municipal Affairs and Housing FROM: Chris Gates Energy Planning Analyst Energy Conservation ..y SUBJECT: File No. 18-OP-0194 Official Plan for the Newcastle Village Small Urban Area I have reviewed the above noted official plan and would like to offer the following comments : The Ministry of Energy encourages all municipalities to consider energy conservation in the planning and development of their communities. In official planning documents , a minimum requirement should be the identification of a goal statement, a set of measurable objectives, and development policies which indicate how, when and where energy concerns are to be E implemented in the planning process. The goal statement establishes energy, at various scales of municipal planning, as an area of legitimate municipal concern. In this regard the Newcastle Village Small Urban Area Official Plan provides a statement, in the form of a objective, which accomplishes this. However, the intent of the O.P„ in terms of how it proposes to operationalize this concern for energy in the substantive policy areas of the plan, such as residential, transportation, servicing and staging, remains obscure. I-X�qlp� 2 An alternative approach for the residential sector would be to utilize the Neighbourhood Development Plan documents (Policy 2. 1.2.c) as the vehicle for articulating energy efficient site design criteria. Further, the development plan for the Main Central Area should give consideration to the appropriate urban design standards to ensure energy efficient aX development. The plan has taken a positive step by identifying the Main Central Area as the principal focus for economic and social activity within the village. This policy, in addition to fulfilling several urban structure objectives involving servicing and economic development, also promises to reduce energy consumption in the transportation sector, . as it centralized a number of goods and services in one area, thus potentially reducing the number and length of various trips. In a rural municipality such as Newcastle, where greater trip distances are often involved, this can result in significant energy savings both on a per capita basis and to the municipality providing various services such as police and fire protection, garbage collection, snow plowing, and school bussing, all of which consume transportation energy. I would endorse the plans encouragement of home occupation uses in residential areas. This has obvious space heating and transportation energy implications. In a related area the plan would be improved by encouraging residential conversions from single family to multiple family units in existing areas . obviously, this should only be permitted in those areas where servicing infrastructure will accommodate it, and where such conversions would not negatively affect the residential character of the neighbourhoods involved. Two final areas of comments are minor ones relating to the definition of automobile service stations and to provisions for Ontario Hydro facilities. With regard to the former I would suggest a wording change to the definition of automobile service stations . In its present form, the definition does not explicitly permit the retailing of diesel, propane or compressed natural gas fuels. In order to make the definition more inclusive I would remove the word "gasoline" in the definition and replace it with the phrase "automotive fuels" . rg 3 Regarding provisions for hydro electric facilities, Ontario Hydro has prepared a standard official plan policy statement concerning its operations and mandate within municipal boundaries. The statement in essence provides that such facilities as transmission lines, transformer stations, and distributing stations shall be permitted uses in any land use designation without the requirement of . an official plan amendment, provided that the facility or development satisfies the provisions of the Environmental Assessment Act. I am assuming Mr. Peter Oehm, Senior Planner with Ontario Hydro' s Land Use and Environmental Planning Department at 592-3950 has provided you with the most up-to-date version of the Ontario Hydro statement. If you have any comments or questions regarding this memorandum, I would be pleased to discuss them with you. Yours truly, Chris Gates, MCIP Energy Planning Analyst Energy Conservation 0"W1 ii