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.
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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. . .".
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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
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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
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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
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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;
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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.
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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
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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.
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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,
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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.
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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.
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v
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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
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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