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HomeMy WebLinkAboutP-131-80 •ssWi'1 KWNIf � .� . CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1.10 TEL. (416)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF JULY 21, 1980. REPORT NO. : P-131=-80 SUBJECT: Application for Plan of Subdivision Number 18T-79038 Part Lot 35, Concession 2, former Township o ft to Our File No. : S-A-1-6-5 - Remlark Holdings Limited BACKGROUND: An application has been submitted to the Ministry of Housing, and to the Town, requesting approval of a plan of subdivision on a 12.23 hectare parcel of land south of Highway 2 in Courtice, bounded by Dar- lington Boulevard, Townline Road and the Farewell Creek. The applicant proposes the development of this site for 42 single family units, 52 semi-detached units, a .38 hectare park block, and a 9.0 hectare open space block. Staff note that at present, this application has not yet been accepted formally by Council, but rather has the status of a preliminary application. However, staff have reviewed the applicable Official Plan provisions, as well as the availability of services to the site, and recommend that this application be formally accepted by Council, subject to payment of the prescribed application fee. - 2 - The subject site is within the limits of the Courtice Urban Area, as established by the Region of Durham Official Plan, and is designated "Residential Areas" and "Hazard Lands". Residential develop- ment which complies with the provisions of an approved District Plan and subsequent Development Plan, and which can be fully serviced, is permitted on lands designated "Residential Areas". The "Hazard Lands" designation identifies lands having poor physical characteristics, such as flood and erosion susceptibility, or steep slopes which could cause property damage if developed. The Durham Official Plan indicates that lands so designated shall be primarily for the preservation and conservation of, the natural environ- ment, and requires that the use of these lands shall be regulated by the appropriate Conservation Authority. The Courtice Urban Area Plan, which has been approved by the Town, the Region, and the Minister of Housing as amendment Number 12 to the Darlington Official Plan, further refines the designations and policies pertaining to the said lands in the Durham Official Plan. The Plan of Subdivision generally conforms with the policies and designations of both Official Plans. However, a portion of the site, in the vicinity of Blocks "G" and "H" and lots 1 to 24, has been identified as "Environmentally Sensitive Areas" in the Darlington Official Plan. The Darlington Official Plan requires that any proposal for development within areas so designated "shall be accompanied by a detailed field in- vestigation to assess the environmental characteristics of the subject property and their relationship to other components of the environmental system as a whole. This investigation shall be conducted by the area municipality in co-operation with the Region and the respective Conser- vation Authority. . .". 3 - Both the Durham Official Plan and the Darlington Official Plan require that Council shall approve a Neighbourhood Development Plan, in consultation with the Region of Durham, as a precondition of the approval of major development within a designated "Urban Area". The Neighbourhood Development Plan for the Courtice West Neigh- bourhood has been prepared by staff and presented to the public for input. The subject draft plan complies with the population allocations of this proposed Neighbourhood Plan, but differs from it in the following res- pects: 1. Parkland The proposed Neighbourhood Development Plan designates a parcel of land in the vicinity of Block "I", as shown on the draft plan of subdivision, for a Neighbourhood Park. It appears that a portion of this proposed park, comprising approximately .6 hectares, is to be located within the limits of the lands proposed for subdiv- ision. Block "I" as proposed contains only .38 hectares; but a redesign of the plan, to eliminate the southerly cul-de-sac and in- corporate the interior lands into Block "I", would bring the subdiv- ision plan into conformity with the proposed development plan and would provide the 5% parkland dedication permitted by Section 33(5) of the Planning Act. 2. Road Pattern The road pattern proposed by the draft plan does not conform with that required by the Neighbourhood Development Plan. Although Section 2.6.3 (i) of the Development Plan states that "minor vari- ances to the location of these roads may be permitted without amend- ment, provided that they do not alter the intent of this plan"; staff - 4 - is of the opinion that the variances between these road patterns are not minor, and that the intent of the Neighbourhood Plan is not maintained. 3. Hazard Lands Portions of Lots 1 to 24 on the proposed Plan have been identified as "Hazard Lands" in the proposed Neighbourhood Development Plan, but have not been designated for residential development. The Development Plan stipulates that Hazard Lands "shall be protected and managed in such a fashion as to complement and protect adjacent uses from any physical hazards or their effects", and that these lands shall be subject to the regulations of the Central Lake Ontario Conservation Authority. Development of these lands would be contingent on satisfactory assurances that such development would not have a negative impact on the steep slopes to the rear of these lots. The site is zoned "Deferred Development" and "Greenbelt" in the Restricted Area By-law of the former Township of Darlington. An amendment to this By-law would be required to permit the development of the site as proposed. We note that there is a single family dwelling to the north of the road allowance intersecting with Darlington Boulevard South. The ex- terior sideyard requirement in the "Deferred Development" zone is 50 feet, and the dwelling has a sideyard of only approximately 10 feet. This matter should be corrected as part of the above mentioned zoning By-law amendment. The subdivision plan was circulated to affected agencies in con- junction with the preparation of the Courtice West Neighbourhood Develop- ment Plan; and their comments are summarized below: <4A - 5 - The Northumberland and Newcastle Board of Education advised that a school site would not be required within the proposed subdiv- ision, but that additional bus transportation would be required in the area. The Peterborough-Victoria-Northumberland Newcastle Board of Education did not object to the proposed subdivision. Comments submitted by the Durham Planning ;and Works Departments, which have been attached for your information, are summarized below. (i) Conformity with Durham Official Plan - site is designated "Residential" and "Major Open Space" - portions of lands with both designations indicated as "Hazard Lands" and as "Environmentally Sensitive Areas" - the extent and exact locations of these designations are to be determined as a result of future studies - "Hazard Lands" are subject to C.L.O.C.A. regulations and Section 1.3.4 of the Durham Official Plan - "Environmentally Senstive Areas" are subject to Sections 1.2.2 and 1.3.9 of the Durham Plan - Townline Road abutting this site is a "Type 'B' Arterial Road" (ii) Conformity with Darlington Official Plan (Amendment No. 12) - site is designated "Residential Areas" and "Major Open Space" with "Hazard Lands" subscript - portion of site is indicated as "Environmentally Sensitive Areas" - Environmental Impact Analysis required - Council approval of Neighbourhood Development Plan required prior to approval of subdivision. (iii) Roads - connection of east-west road with Townline Road should be opposite Hudson Avenue - sight triangles are required at intersection (iv) Density - plan conforms with 'servicing Plan Density of 15 persons per acre - 6 - Bell Canada raised no objection to the proposed plan. The Central Lake Ontario Conservation Authority submitted the following comments: "All lots are adequately protected from a regional flood. The Authority's concerns for the site relate primarily to stormwater management and potential instability within lots 5 to 24. The rear of these lots abut a small steep ravine, and although we were not able to precisely locate the rear lot limits in the field, it is felt that satisfactory results of a soils investigation for these lots and the implementation of recommendations, if any, would justify the approval of the plan as submitted. Based on the above, we would have no objections to this plan receiving draft approval, subject to the following conditions: 1. No grading, filling or construction shall occur on the site without the written approval of the Central Lake Ontario Conservation Authority (C.L.O.C.A.) . 2. That the Town of Newcastle's restricted area by-law be revised to contain provisions prohibiting buildings or structures in blocks G and H, except those required for flood or erosion con- trol. 3. Prior to initiating any grading, filling or construction on lots 5 to 24, the owner shall have carried out an engineering soils in- vestigation for these lots to identify and offer solutions to any potential instability which may result from construction and re- grading. 4. In the event that lots 5 to 24 can be developed without adversely i affecting slope stability in affected areas, a snow fence is to be erected and maintained in good repair 15 feet from the rear limits of these lots, prior to the commencement of any construction or regrading activities on these lots. 5. Prior to final approval of the plan, the owner shall have prepared and submitted to the C.L.O.C.A. for approval, a stormwater man- agement plan for the subject property which will form a component of an overall stormwater management plan for the Courtice urban area. 6. That the owner agrees in the subdivision agreement: a) to abide by conditions states on permits issued for the site by the C.L.O.C.A. ; b) to carry out or cause to be carried out: i) the recommendations of an engineering soils investi- gation for lots 5 to 24 as approved by the C.L.O.C.A. , and the maintenance of a snow fence 15 feet from the rear lot limits as specified in condition number 4; 7 - ii) the stormwater management plan for the subject property as approved by the C.L.O.C.A." The Ministry of Transportation and Communications did not object. Ontario Hydro did not object. The Newcastle Works Department submitted the following comments: "(a) That the Developer enter into a Subdivision Agreement with the Town of Newcastle and the Public Works Depart- ment be kept advised of the status of same at all times. (b) That all works be designed and constructed in accordance with the Town of Newcastle's Design Criteria and Standard Drawings. (c) That any easements which are required by the Town be granted free and clear of any encumbrances. (d) That the Plan be revised to include corner roundings at all bends and intersections. (e) That the plan be revised to incorporate a secondary access at the northerly section of Darlington Boulevard, and this access be inter-connected with the Townline Road." (Staff note that while such a connnection would be desireable and logical from an engineering point of view, the proposed road extension would be outside the limits of the land owned by the applicant, and the pattern of land ownerships and land use desig- nations in the area north and east of the proposed cul-de-sac would make the acquisition of the road allowance, and the effic- ient lotting of the surrounding lands, extremely difficult) . The Newcastle Fire Department submitted the following comments: "1) I would assume access to the development is via Townline Road South to number 2 highway, where an interchange would be installed along with traffic control lights. 2) The proposed draft plan does indicate a possible access route from Highway 2, further information would be required as to this route due to possible two lane highway structure. (Note: the proposed Courtice West Neighbourhood Plan does not incorporate an additional access to Highway 2) 3) Piped water system for fire protection minimum 6 inch water mains, looped no dead ends, hydrants to be located within 350 feet of buildings to be protected, water flow minimum 500 gallons per minutes residential. - 8 - 4) Cul-de-sacs hydrant location and parking to be controlled. 5) Buildings in accordance with Design Safety Standards, O.B.C." COMMENTS: Since the proposed plan of subdivision complies with the Region of Durham Official Plan and the Darlington Official Plan, staff has no objection to its ultimate approval, provided that the plan is re- vised to comply with the proposed Courtice West Development Plan. However, because of the environmental sensitivity of the Courtice Area as a whole, and the need to ensure that the Town is able to provide adequate soft services to accommodate development of the Courtice Area, several major issues must be addressed in the consideration of this proposal. 1. Storm Water Management Section 6.8.2 (iv) of the Darlington Official Plan stipulates that the preparation of Neighbourhood Development Plans and the approval of plans of subdivision in the Courtice Urban Area shall be subject to the findings of a Storm Water Management Study for the entire Urban Area. In light of this policy, and the fact that the findings of such a study could necessitate further revisions to the proposed plan and to the subdivision agreement with the appli- cant, registration of a plan of subdivision for this site would be premature until a Storm Water Management Study for the drainage area had been completed and adopted by Council. It is suggested that the applicant should be responsible for an appropriate proportion of the costs incurred in the preparation of this study, for the preparation of a subsequent detailed, on-site storm water Manage- ment Study, and for the cost of installing the on- and off-site works recommended by these two studies. l - 9 - 2. Staging Policies It is recommended that the plan should be registered in stages, to permit the Town and the applicant to respond to changing mar- ket conditions through revisions to the plan and to the provisions of the Subdivision Agreement, and to conform with the Town's Staging Policies. 3. Hazard Lands As was mentioned earlier, lots 1 to 24 on the proposed plan have been identified as "Environmentally Sensitive Areas" in the Dar- lington Official Plan. These lands have been designated for resi- dential uses but have been identified as "Hazard Lands" in the Courtice West Neighbourhood Plan. Section 6.4.2 of the Darlington Official Plan requires that the Environmental Sensitivity of any site upon which development is proposed, and which is identified as environmentally sensitive, shall be examined through the preparation of an Environmental Impact Analysis, to be conducted by the Town, and that "land uses defined within the Urban Area Plan and subsequent Neighbourhood Plans shall be reassessed and alternative land use concepts analyzed, in light of the recommendations of the Environ- mental Impact Statement, if the negative effects of such uses cannot be satisfactorily mitigated. . .". This Environmental Impact Analysis would incorporate the engineering report requested by the Central Lake Ontario Conservation Authority and would be required as a pre- condition of the registration of lots 1 to 24. - 10 - RECOMMENDATIONS: It is respectfully recommended: 1. That Application for Plan of Subdivision Number 18T-79038 be accepted as a formal application, subject to the payment of the fees prescribed by the Council adopted fee structure; 2. That the Plan be revised according to the red-line revision dated July 14, 1980 and attached to this report, and that five copies of the revised plan be submitted to the Planning Department for review; 3. That after the formal application fee has been paid to the Town and after the revised plans required by (2) above have been submitted by the applicant and approved by staff, staff be authorized to advise the Minister of Housing that the Town of Newcastle recommends approval of Application for Plan of Subdivision Number 18T-79038, subject to the following con- ditions: 1. That this approval shall apply to a Plan dated March 22, 1979 by Donevan and Fleischmann Company Limited, to be revised in accordance with the recommendations of Report P-131-80; 2. That the road allowances included in this draft plan shall be dedicated as public highways; 3. That the streets in the plan shall be named to the satis- faction of the Regional Municipality of Durham and the Town of Newcastle; 4. That Blocks "G" and "H" shall be conveyed to the Town of Newcastle for conservation and open space purposes; t 5. That Block "I" shall be dedicated to the Town of Newcastle for park purposes, pursuant to Section 33(5) of the Planning Act; 6. That the necessary amendment to the Restricted Area By-law of the former Township of Darlington: a) shall come into effect pursuant to Section 35(25) of the Planning Act; or b) shall be submitted to and approved by the Ontario Munici- pal Board. 7. That the Owner shall enter into a subdivision agreement with the Town of Newcastle to include, in addition to the usual requirements, the following provisions: That the Owner agrees: a) to neither place nor remove fill of any kind, whether originating on the site or elsewhere, nor construct any building or structure nor initiate any grading on the site without the written approval of the Central Lake Ontario Conservation Authority; b) that unless lots 1 to 24 are deemed suitable for resi- dential development as a result of the recommendations of an Environmental Impact Analysis conducted by the Town of Newcastle in accordance with Section 6.4.2 and 6.4.3 of the Darlington Official Plan, the said lots shall not be registered but rather shall be incorporated into the area of Block "H"; c) that lots 1 to 24 shall only be developed in accordance with the recommendations of the Environmental Impact State- ment referred to in (b) above, and that prior to the com- mencement of any construction or regrading on these lots, - 12 - a snow fence shall be erected 4.6 metres from the rear limits of these lots, and shall be maintained in good repair; d) that prior to the final approval of the Plan, the Owners shall have prepared, and received the approval of the Central Lake Ontario Conservation Authority for, a detailed Storm Water Management Plan for the subject property, to be prepared as a component of the overall Storm Water Man- agement Study for the Courtice Urban Area; e) to reimburse the Town for an appropriate portion of the costs incurred by the Town in the preparation of the overall Courtice Storm Water Management Study; f) to assume tl�:cost of the on- and off-site works required in respect of the subject lands by the studies referred to in (d) and (e) above; g) that the development of the Plan will be subject to archi- tectural control by the Town of Newcastle; h) that all lands to be dedicated or conveyed to the munici- pality for any municipal purpose shall be dedicated or conveyed in a form acceptable to the municipality and further the Owners shall grade and sod all lands to be conveyed to the municipality for park purposes and shall plant such trees and other vegetative materials as may be required by the municipality in accordance with a landscape plan to be prepared at the Owners expense by a landscape architect and submitted to the Town for approval. 13 - i) to provide adequate screening for existing resi- dential uses abutting proposed road allowances. 8. That such on- and off-site easements as may be required for utility or drainage purposes shall be granted to the appropriate authority; 9. That the Owners agree in writing to satisfy all the re- quirements, financial and otherwise, of the Town of Newcastle concerning the provision of roads, installation of services, and drainage; 10. That the plan shall be registered in phases, in accordance with the Town's staging policies for the Courtice Urban Area; 11. That Blocks J, K, L, M, N, 0 and P shall be deeded to the Town of Newcastle for 0.3 metre reserves; 12. That temporary turning circules shall be provided at the ends of all dead-end streets; 13. That Blocks A, B, C, D, E and F shall be reserved for develop- ment in conjunction with abutting lands; and 4. That staff be authorized to change the lot and block numbers cited in these conditions of draft plan approval to reflect f ti the corresponding lot and block numbers of the revised plan I� referred to in (2) above. Respectfully submitted, NJF:lb D. N. Smith, M.C.I.P. July 15, 1980 Director of Planning July 14, 1980 DURHAM Mr. Don Smith Planning Director - Town of Newcastle The Regional Hampton Municipal Offices r, Municipality Hampton, Ontario ' of Durham Planning Dear Mr. Smith: Department Box 623 Re: Proposed Plan of Subdivision 105 consumers Dr, Whitby, Ontario Ministry of Housing File: 18T-79038 Canada,LIN 6A3 Reml ark Holdings Ltd. 14161 668-7731 Town of Newcastle (Courtice) DI2. M. R. MICHAEL, wc.i,iFurther to your request, we wish to provide you with the Commissioner of Planning following comments with respect to the above-referenced plan of subdivision. The subject site is designated "Residential " and "Major Open Space" in the Durham Regional Official Plan. The presence of hazard lands is indicated in both designations. In addition, Amendment #19 to the Durham Plan (adopted by Regional Council September 5, 1979) identifies the lands designated Major Open Space as an "Environmentally Sensitive Area". The hazard lands and environmentally sensitive areas are a general indication only; the extent and exact location shall be determined at the time of the development application as a result of the necessary studies. With respect to the hazard lands shown in the "Residential " area, the erection of buildings or structures, the placement or removal of fill or alterations to the watercourse shall be subject to the regulations of the Conservation Authority and the provisions of Section 1.3.4. The area municipal Council is encouraged to consider the criteria detailed in Section 1.3.4 when reviewing an application for development in hazard lands. With regard to the environmentally sensitive areas , the area municipal Council in co-operation with the Region and the Conservation Authority, shall conduct an environmental study to implement the objectives of Section 1.2.2 in accordance with the guidelines detailed in Secton 1.3.9. We are aware that the Central Lake Ontario Conservation Authority does not require an environmental study for this site. Notwithstanding this, it is our position that the Durham Plan provisions are mandatory and Section 1.3.9 must be fulfilled prior to approving this plan of subdivision. . . .2 v 2 - The subject site fronts on Townline Road South at two points, one of which is shown as an access road on the proposed plan. Townline Road South is a designated Type "B" arterial road in the Durham Regional Official Plan and may, in the future, be assumed as a Regional Road. We therefore request that the road layout be redesigned as follows: - the proposed east/west road intersecting Townline Road should be aligned opposite Hudson Avenue in the City of Oshawa; - sight triangles (65' x 25 ' ) should be obtained on the north and south corners of the road(s) intersecting Townline Road. The subject site is also regulated by the provisions of the Darlington Township Official Plan. Amendment No. 12 to the Darlington Plan (Ministry of Housing approved June 6, 1980) designates the lands "Residential Area" , "Hazard Land" and "Major Open Space System with Hazard Land" in Schedule 1. Section 6.4.3 states that proposals for development of hazard lands shall be considered by Council after taking into account the listed criteria. As well , on Schedule 2, a portion of the subject lands are shown as "Environmentally Sensitive" lands. Section 6.4.2 states that where development is proposed on any site identified as environmentally sensitive, the Town shall conduct an "Environmental Impact Analysis". Such an analysis shall include the delineation of the location and extent of those sensitive areas which should be preserved. The mandatory nature of this section reinforces the policies of the Durham Plan. In addition, it is a requirement of Section 6.1.2( iii ) of the Darlington Official Plan that a neighbourhood development plan shall be prepared and approved prior to the approval of the subject plan of subdivision. It is our understanding that the Courtice West Neighbourhood Plan will be considered by your Council shortly. As you are aware, the Regional Sewerage Plan established a uniform density of 15 persons per acre for the vacant lands in the Courtice Urban Area. The Sewerage Plan is presently under review. In addition, although the Regional Works Department has indicated that it does not completely agree . .3 f - 3 - with the 2.9 p.p.d.u. loading factor used in the Courtice Neighbourhood Plans, it has been determined that due to the additional capacity in the sanitary sewer system, the said figure may be used in sewerage plan calculations. The proposal consists of 42 single family and 52 semi-detached dwellings. These 94 units would potentially generate 273 persons based on a factor of 2.9 persons per unit. Since the area proposed for residential use is 7.73 or 19.1 acres, the population density will be 14.3 persons per acre. This is within the 15 p.p.g.a. guideline established by the Regional Sewerage Plan. Notwithstanding the foregoing, the development of Courtice will be monitored in future in order to evaluate the p.p.d.u. loading factor. In the event that over time the loading factor were to increase, thus resulting in an increased population density, such could eventually necessitate an amendment to the Durham Regional Official Plan with respect to the present maximum 20,000 population allocation. We trust these comments will assist you in your evaluation of the proposed plan of subdivision. Yours very truly, c ; G.D. Cameron Manager Current Operations Branch :JJ cc: G. Crawford, Regional Works L. Kotseff, Strategic