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HomeMy WebLinkAboutPSD-129-02 , .,/ \ i " -. .~ .... . CfiJ!il1gtoo REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, December2,2002 ?)of or 6/fJ-171--O ;Z Subject: By-law #: ,J- ';00,;2 -;uJ ~{ OFFICIAL PLAN AMENDMENT AND NEIGHBOURHOOD DESIGN PLAN FOSTER CREEK DEVELOPMENTS AND ROBERT STEPHENSON File #: COPA 2000-003 & PLN 31.5.7 Report #: PSD-129-02 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report PSD-129-02 be received; 2. THAT the application for proposed Clarington Official Plan Amendment, COPA 2000-003 submitted by Foster Creek Developments and Robert Stephenson be Approved as per Attachment 2 and a by-law to adopt Amendment #30 be forwarded to Council for approval; 3. THAT the Foster - East Neighbourhood Design Plan as contained in Attachment 3 be received; 4. THAT the Durham Region Planning Department be forwarded a copy of this report and Council's decision; and 5. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: avi . Crome, MCIP, R.P.P. Director of Planning Services Reviewed by: 6 ~~ ~ ' Franklin Wu, Chief Administrative Officer CP*DJC*sn November 27, 2002 646 , "'. \.. J' REPORT NO.: PSD-129.02 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Foster Creek Developments and Robert Stephenson 1.2 Agent: G.M. Sernas & Associates 1.3 Proposed Official Plan Amendment: To relocate the designated Neighbourhood Park and the Public Elementary School symbols from the south side of the collector road in the east part of the Foster Neighbourhood to the north side of the collector road. 1.4 Neighbourhood Design Plan: To identify the conceptual location of streets, lots, blocks and neighbourhood amenities for the future development of the Foster-East Neighbourhood 1.5 Land Area: 47.678 ha (117.8 acres) 2.0 LOCATION 2.1 The subject lands are located in Part Lots 29 & 30, Concession 2, former Village of Newcastle. The lands are described as being located north of King Avenue West, east of Rudell Road, south of Highway 115/35 and the St. Lawrence and Hudson Railway line, and east of North Street (see Attachment 1). 3.0 BACKGROUND 3.1 The applicants originally submitted a proposed plan of subdivision, 18T-89059 in 1989. In 1990, the applicants submitted an application to amendment the former Town of Newcastle Official Plan, to eliminate a collector road crossing of the Foster Creek. The Local Official Plan Amendment (LOPA) was not supported by staff and ultimately denied through the approval and adoption of the Clarington Official Plan in 1996. As a result of the non-conformity to the Official Plan the proposed plan of subdivision application was not approved. 647 REPORT NO.: PSD.129.02 PAGE 3 3.2 The Clarington Official Plan, approved in 1996, introduced new policy requirements to be satisfied prior to development applications being approved. The policies included: i) Preparation of a Sub-watershed Study to be undertaken for any development that did not have an approved master drainage plan in place; ii) Completion of an Environmental Impact Study (EIS) for any development within or adjacent to a Natural Feature identified on Map C of the COP; and iii) Preparation of a Neighbourhood Design Plan prior to approval of any development applications within a residential neighbourhood. As the referenced proposed plan of subdivision did not have any approval status, these three policy requirements are all applicable prior to consideration of the related plan of subdivision application. 3.3 Gartner Lee Limited and Greenlands Intemational Consulting Inc. were retained to complete both the Sub-Watershed Study for the Foster Creek and the Environmental Impact Study for the proposed development. The main goals of a sub-watershed study are to provide an understanding of how a subwatershed functions and how a water course will respond to urban development within its drainage area. This helps the Municipality to evaluate development in order to minimize flooding, and protect the quality and quantity of both ground water and surface water, and the integrity of the receiving water course. A second goal is to identify and protect a viable greenland system on the landscape, through the identification of important environmental features and connections. 3.4 A report dealing with the subwatershed and its recommendations was received by Council in June 2001. The recommendations of the subwatershed study that pertain to the development of this neighbourhood relate to: i) identifying and protecting a 100m wide corridor along the main branch of Foster Creek wherever the water course is not constrained by existing residences; Ii) review of the post-development hydrology and the location of storm water management ponds; 648 REPORT NO.: PSD.129-D2 PAGE 4 iii) a review of the location and the construction of the Grady Drive extension spanning the Foster Creek. These items were reviewed in greater detail through the Environmental Impact Study. 3.5 The Environmental Impact Study (EIS) assessed the impact of the proposed development on the creek, including the proposed road crossing of the Foster Creek. Through the EIS the development limits adjacent to the creek were established, as were pond locations and required storage capacities. The study acknowledged that the corridor in the main branch of the Foster Creek is pinched by the development limit of Remi Court to less than 100m wide, "but otherwise the valley meets the criterion throughout the study area, and no additional habitat is required from the adjacent tableland." With respect to the construction of the proposed Grady Drive bridge, there is a potential to severely constrict the north-south corridor without appropriate mitigation. The bridge design will dictate to a large extent the severity of the impact and the mitigation techniques required. 3.6 A public meeting was held in September 2001 for the proposed Official Plan Amendment, proposed Plan of Subdivision and rezoning. An Open House for the Neighbourhood Design Plan was held Nov 6, 2002. The comments received on the applications were as follows: . Concern with respect to the location of the medium density in proximity to the existing residences on King Avenue and Given Road; . There will be too much traffic on King Avenue West at Massey Dr. extension; . Ensure the bridge connecting to Grady Drive is built to help alleviate traffic at Massey Dr; . Water pressure is an issue now for residents on Given Road, development of the neighbourhood will make things worse; . Connect houses on Given Rd. to sanitary sewer at developers expense; . Concern that the proposed crossing of the Foster Creek and the future development will have a negative impact on the creek and the environment and will create traffic issues for the residents of Remi Crt.; and . Kiradaar, the owner of the lands north of surrounding the Newcastle Health Centre believes that the road pattern should be altered to ensure they have frontage on the future roads without having to acquire land from the abutting developer. These comments are addressed in Section 6 - Neighbourhood Design Details. 649 REPORT NO.: PSD-129.02 PAGE 5 4.0 EXISTING AND SURROUNDING USES 4.1 Existing Uses: the lands subject to the official plan amendment are predominantly vacant and used agriculturally with one single detached dwelling. 4.2 Surrounding Uses: East - North - Foster Creek and existing residential on North Street and Remi Court; Given Road, King Avenue Wand existing residential; Rudell Road, limited residential development and agricultural land; and Highway 35/115, the St Lawrence and Hudson Railway and vacant agricultural lands. South - West - 5.0 OFFICIAL PLAN POLICIES 5.1 The Durham Regional Official Plan designates the subject property "Living Area" and "Major Open Space". The predominant use of land within the Living Area designation shall be for housing purposes. The Major Open Space designation applies to the lands associated with the Foster creek and associated valley. 5.2 The Clarington Official Plan designates the subject lands Urban Residential and Environmental Protection Area within the Newcastle Village Urban Area, and located within the Foster Neighbourhood. Medium density symbols are designated north of King Avenue West, east of Rudell Road and north of the existing dwellings on King Avenue W, immediately west of the Foster creek. A Neighbourhood Park symbol is designated on the south side of the east-west collector road adjacent to the Foster Creek and a Public Elementary School site is designated abutting the park symbol. The official plan amendment proposes to relocate these symbols to the north side of the collector and more central to the Foster - East Neighbourhood. 5.3 Schedule B - Transportation Schedule, designates a collector road connecting from Grady Drive on the east side of Foster Creek, to King Street near the Wilmot Creek. In 650 . REPORT NO.: PSD-129-D2 (REVISED) PAGE 6 addition, there is a second collector road intersecting with King Street at Massey Drive and connecting to the east-west collector forming an extension to Grady Drive extension. 5.4 The Foster Creek is a cold water stream and the associated valley land as identified as 'Hazard Land'. An Environmental Impact Study was undertaken for the proposed development, and the development limits proposed in the Neighbourhood Design Plan are consistent with those findings. 6.0 FOSTER-EAST NEIGHBOURHOOD DESIGN DETAILS 6.1 It is a requirement of the Clarington Official Plan that Neighbourhood Design Plans be prepared prior to the approval of development applications for any neighbourhood. Neighbourhood Design Plans are a valuable document by which to illustrate the intended land uses of a neighbourhood to existing and future residents. Design plans detail the following: . Locations of schools, parks and open space blocks, including stormwater management ponds; . lotting patterns and residential densities; . road alignments, including right-of-way widths and required widenings; and · sidewalk locations, trails and possible future transit stops. Neighbourhood Design Plans are not prepared on the basis of property boundaries, but rather the efficient uses of land. The neighbourhood plan implements the designations and policies of the official plan. In this regard the medium densities, collector roads and park and school symbol are appropriately illustrated. Kiradaar expressed concern that their lands do not have direct frontage on the proposed roads. The lotting pattern and lot depths proposed are consistent and have not been altered to avoid providing frontage to the Kiradaar lands. Furthermore, the retention of a small strip of land between a road and lands owned by others is not" when one developer is fully responsible for the cost of the road. This ensures the party that develops the road has a mechanism to re-coup half of the road cost. REPORT NO.: PSD.129.02 PAGE 7 6.2 Open Space and Environmental Areas 6.2.1 The Foster Creek valley and the storm water management ponds comprise the open space within the neighbourhood Plan. The Environmental Impact Study determined the development limits on the west side of the creek, while any future development applications on the east side of the creek will also require an EIS to determine the exact limits of development. 6.3 Road Network 6.3.1 An important component in the design of the neighbourhood is ensuring the efficient movement of vehicle and pedestrian traffic. In accordance with the policies of the Clarington Official Plan, the design plan implements a grid network of local and collector roads. The collector roads, in turn, intersect with the arterial road network in key locations. The extension of Massey Drive, north of King Avenue will form the north- south collector through the neighbourhood, while the extension of Grady Drive across the Foster Creek will provide the east-west collector. The Municipality and the Region are satisfied with the proposed access points for the Neighbourhood Plan. 6.3.2 The extension of Grady Drive across the creek has received objection from residents of Grady Drive and Remi Court who fear the impact of the additional traffic in their area. The proposed road pattern is consistent with the Clarington Official Plan, as well as the former Town of Newcastle Official Plan, which was in place when Remi Court and Grady Drive were originally approved. The need for the Grady Drive to cross the Foster Creek was considered through the preparation of the Clarington Official Plan, and supported by staff and Council. Gartner Lee Limited and Greenlands Intemational Consulting Inc. concluded that creek crossing could proceed and that the bridge design would determine the mitigation methods. 6.4 Population and Housina 6.4.1 Table 9.2 of the Clarington Official Plan identifies the housing targets for the entire Foster Neighbourhood. The developable, or table land area subject to the design plan, Foster-East, includes two medium density symbols and represents approximately 56% 652 REPORT NO.: PSD.129.02 PAGE 8 of the entire neighbourhood. A total of 650 units are allocated to this portion of the neighbourhood, including 200 medium density units. The design plan proposes a total of 676 units; 11 existing singles; 493 proposed singles; 4 semi-detached/link units; 20 on- street townhouse units and two blocks for up to 148 medium density units. The design plan conforms to the Official Plan. In response to concerns of the residents, single detached dwelling lots are proposed backing on to most existing lots. 7.0 AGENCY COMMENTS 7.1 The application was circulated to a number of agencies for comments. The following agencies had no objection with the Neighbourhood Design Plan: . Veridian Connections . Hydro One Networks . Kawartha Pine Ridge District School Board . Peterborough Victoria Northumberland and Clarington Catholic District School Board . Ganaraska Conservation Authority . Clarington Emergency Services 7.2 The Region of Durham provided comments with respect to the Regional Official Plan, other applicable Regional policies, and Provincial policies. The property is designated "Living Area" and "Major Open Space" in the Durham Regional Official Plan. Lands designated "Living Area" are to be used predominately for housing purposes. Valley lands that are designated as "Major Open Space" in built-up areas are intended for conservation, recreation, and reforestation. Municipal services are available to the property. The proposed amendment, to re-Iocate a Neighbourhood Park and public elementary school symbol, is in conformity with the Durham Regional Official Plan. This application is considered to have no significant Regional or Provincial concerns. In accordance with Regional By-law 11-2000, this application is exempt from Regional approval. 7.3 The Clarington Engineering Division has no objection to the official plan amendment. They provided a number of comments and required a number of revisions to the proposed neighbourhood design plan. The plan contained in Attachment 3 addresses their comments and concerns. 65.5 REPORT NO.: PSD.129-02 PAGE 9 8.0 STAFF COMMENTS 8.1 The Official Plan Amendment proposes to relocate the Public Elementary School symbol and the Neighbourhood Park symbol from the south side of the east-west collector road, adjacent to the creek valley to the north side of the road and more centrally located between Rudell Road and the Foster Creek. The Municipality originally designated the park adjacent to the creek valley to provide connectivity with the open space system. However, the grades of the land and servicing requirements make the original location less attractive. The Municipality and the Public School Board are both satisfied with the proposed locations identified within the Neighbourhood Design. 8.2 The Neighbourhood Design Plan is to be received by Council only. It provides a framework to review other applications within the neighbourhood, and ensure the requirements of the official plan are being achieved. The Neighbourhood Design Plan does not replace the approval required for plan of subdivision, site plan, or rezoning applications, nor will it remove any land owner's right to object to subsequent applications filed under the Planning Act. 8.3 The Neighbourhood Design Plan has been refined in light of the recommendations of the Sub-Watershed and Environmental Impact Studies, the recommendations of the Noise Report submitted in support of the subdivision, comments from circulated agencies and resident's comments. 9.0 CONCLUSION 9.1 For the Neighbourhood Design Plan this report has been prepared to inform members of Council and the public the design plan has been completed. With respect to the application for official plan amendment, in consideration of the comments contained within this report, the Planning and Development Services recommends the Official Plan Amendment be approved at contained in Attachment No.2. Attachments: Attachment 1 Attachment 2 Attachment 3 Key Map Proposed Official Plan Amendment Proposed Neighbourhood Design Plan 654 REPORT NO.: PSD.129-D2 PAGE 10 Interested parties to be notified of Council's decision: G.M. Sernas & Associates Limited 110 Scotia Court, Unit 41 WHITBY, Ontario L 1 N 8Y7 Larry Brunt 12 Remi Crt. Newcastle, ON L1B 1J1 Ted Barnoski 3451 Elliot Road Newtonville, ON LOA 1 JO Irene Horne 30 Remi Crt. Newcastle, ON L 1B 1J1 Rod Doris Re-Max Cornerstone Realty 104 King Street East Bowmanville, ON L 1 C 1 N5 Hans and Holly Eeuwes 270 King Avenue West Newcastle, ON L 1 B 1 G9 Edmond Vanhaverbeke Syvan Developments Limited 20 Robert Street West, Unit 1A Newcastle, ON L 1 B 1 C6 Dan and Marg Maskell 320 King Avenue West Newcastle, ON L 1 B 1 G9 Dan and Jane Sturrock 236 King Avenue West Newcastle, ON L 1 B 1 H7 Frank Feldman 7 Director Crt. Suite 104 Woodbridge, ON L4L 4S5 D. McCurdy 304 King Avenue West Newcastle, ON L 1 B 1 G9 Christina Lazaridis Gathwood Homes LId. 110 Ironside Crescent, Unit 23 Toronto, ON M1X 1M2 David and Pearl Rickard 80 Given Road Newcastle, ON L 1 B 1 L9 Tim Politis Politis Engineering 85 Thorncliff Park Drive, Ste. 4303 Toronto, ON M4H 1L6 Kevin Buchan 3 Remi Crt. Newcastle, ON L1B 1J1 Gregory DeFreitas B. G. Schickedanz Homes Inc. 7 Director Crt., Ste. 104 Woodbridge, ON L4L 4S5 Robert Stephenson 170 Given Road Newcastle, ON L 1 B 1 G9 Mr. & Mrs. R. Howe 3 Grady Drive Newcastle, ON L 1B 1J1 Dr. Lee Rackman 165 Foster Avenue Belleville, ON K8N 3P8 Mr. & Mrs. Bath 46 Given Road Newcastle, ON L 1 G 1 G9 65) REPORT NO.: PSD-129-02 PAGE 11 Mr. & Mrs. T. Howe 1 Grady Drive Newcastle, ON L 1B 1J1 Meredith McMillan 8 Remi Crt. Newcastle, ON L 1B 1J1 Jean Graham 32 Remi Crt. Newcastle, ON L1B 1J1 Andrea & Gord McDowell 64 Given Road Newcastle, ON LiB iG9 656 ATTACHMENT 1 _ Subject Site J LOT 29 t '-"1 W"'e; Ce- AI . ~ z ! ~~ ~ Newcastle Village Key Map COPA 2000-003 PLN 31.5.7 N z o en en I.Ll u Z o u ATTACHMENT 2 AMENDMENT NO. 30 TO THE CLARINGTON OFFICIAL PLAN Purpose: Basis: Actual Amendment: Implementation: Interpretation: The purpose of the Amendment is to relocate a park and a public elementary school symbol in the Foster Neighbourhood (Newcastle Village) from the south side to the north side of a future collector road. The Amendment is based on an application submitted by the proponents of Draft Plan of Subdivision 18T-89059. The Draft Plan proposes to locate the park and school adjacent to each other in a suitable location on the north side of Street 'A'. The Clarington Official Plan is hereby amended as follows: (i) by amending Map A4 - Land Use: Newcastle Village Urban Area as shown on Exhibit "1" The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan, shall apply in regard to this amendment. The provisions set forth in the Clarington Official Plan, as amended, regarding this interpretation of the Plan, shall apply in regard to this amendment. 65~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2002 _ being a by-law to adopt Amendment 30 to the Clarington Official Plan WHEREAS, Section 17 (22) of the Planning Act R.S.O. 1990, as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto: AND WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to relocate the park and school symbol in the Foster neighbourhood, Newcastle Village; NOW THEREFORE BE IT RESOLVED THAT, the Councii of the Corporation of the Municipality of Clarington enacts as follows: 1, That Amendment No. 30 to the Clarington Official Plan being the attached Map A4 is hereby adopted,; 2. This By-law shall come into effect on the date of the passing hereof, BY-LAW read a first time this day of 2002 BY-LAW read a second time this day of 2002 BY-LAW read a third time and finally passed this day of 2002 John Mutton, Mayor Patti L. Barrie, Municipai Clerk 659 EXHIBIT "1" AMENDMENT No. 30 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN MAP A3, LAND USE, NEWCASTLE VILLAGE URBAN AREA REMOVE "PUBUC ELEMENTARY SCHOOL" AND-NE~HBDURHOOO PARK" DESIGNATlDN --. RELOCATE "PUBUC ELEMENTARY SCHOOL. AND -NEIGHBOURHOOD PARK" DESIGNATION 1 II I lAKE lWTM!\? ---UllllAN8OI.ItIlllRf D~ ~=............ - ..... ..... 0-"""""" .. _Iur_' ClIIIlE!hWlIy 1~~"or_1 [][] ~ _ CXlIAlllNIlY.... _ --- . ......" .... _ .-. -- . NEIQtB)IIN<<XJD PNaC: -~- a PUIUC SElXlIllWII'lICHlllll. 1""'1""""' 5 ........ , SElXlIllWII'lICHlllll. ~ PUIUC r ........- SCHllQL .5 ........ MAP A4 ........- lICHlllll. .--___. SPEaJiL POIJC'f' NfEA LAND USE NEWCASTLE VILLAGE URBAN AREA SElXlIllWII' --~NIfEA OFFICW. 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