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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
UNFINISHED BUSINESS
REPORT
PUBLIC MEETING
Meeting: General Purpose and Administration Committee
File trJJ}<fZAA- i}OOo-Dl7
Res. # (. -?I5~-CO .
Date: Tuesday, September 5, 2000
Report #: PD- 78-00
File #: ZBA 2000-017 By-law #
18T-89059 and COPA 2000-003
Subject: OFFICIAL PLAN AMENDMENT APPLICATION
REZONING APPLICATION AND PROPOSED DRAFT PLAN OF SUBDIVISION
- FOSTER CREEK DEVELOPMENTS AND ROBERT STEPHENSON
PART LOT 29 & 30, CONC. 2, FORMER VILLAGE OF NEWCASTLE
FILE: ZBA 2000-017, 18T-89059 and COPA 2000-003
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD- 78-00 be received;
2. THAT the application to amend the Municipality of Clarington Official Plan, submitted
on behalf of Foster Creek Developments and Robert Stephenson be referred back to staff
for the preparation of a subsequent report upon resolution of all outstanding issues;
3. THAT the application to amend Zoning By-law 84-63 of the former Town of Newcastle,
submitted on behalf of Foster Creek Developments and Robert Stephenson be referred
back to staff for the preparation of a subsequent report upon resolution of all outstanding
Issues;
4. THAT the application for proposed draft plan of subdivision 18T-89059, submitted on
behalf of Foster Creek Developments and Robert Stephenson, be referred back to staff for
the preparation of a subsequent report upon resolution of all outstanding issues;
5. THAT within 15 days of the Public Meeting the Commissioner of Planning for the
Region of Durham, be advised and provided by sworn declaration from the Clerk, the
following:
i) That the Municipality held a Public Meeting in accordance with Section 51 (21.1)
of the Planning Act for the subject subdivision application;
ii) A copy of the minutes of said meeting;
iii) A copy of all written submissions received by the Municipality; and
iv) A list of all persons and public bodies, including their mailing addresses, that
made oral submissions at the public meeting or written submissions.
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6. THAT staff be authorized to initiate an application and hold a public meeting on an
Official Plan Amendment that would switch the locations of the public elementary school
site and the separate elementary school sites in Foster Neighbourhood forthwith.
7. THAT the Durham Region Planning Department, and all interested parties listed in this
report and any delegation be advised of Council's decision.
1. 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 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
Rezoning:
From "Holding - Urban Residential Type One ((H)R1)" and
"Environmental Protection (EP)" to an appropriate zone to permit the
development of a possible 634 unit proposed plan of subdivision.
1.5 Proposed Draft Plan of Subdivision:
To permit a plan of subdivision with up to 634 residential units,
comprised ofthe following:
. 175 15 m frontage single detached units
. 31 12 m frontage single detached units
. 162 10 m frontage semi-detached units
. 176 9 m frontage semi-detached units
. 18 townhouse units on a 0.45 ha block
. 48 townhouse units or
. 72 apartment units on a 1.2 ha block
. 2.16ha neighbourhood park block
. 2.43ha public elementary school block
. 6.22ha open space blocks (valleylands and railway buffer)
. 1.02ha storm water management pond
1.6 Area of Zoning: 47.678 ha (117.8 acres)
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2. LOCATION
2.1 The property subject to application for rezoning is located in Part Lots 29 & 30,
Concession 2, former Village of Newcastle. It is located north of King Street and Given
Road, east of Rudell Road, south of Highway 115/35 and the St. Lawrence and Hudson
Railway line, and east of North Street (see Attachment No. I).
3. BACKGROUND
3.1 Plan of subdivision 18T-89059 was originally submitted in June 1989 and proposed a
total of 467 units. The application was in conformity with the R1 zone provisions. In
May 1990 the applicant's submitted an application for amendment to the former Town of
Newcastle Official Plan to eliminate the collector road crossing of the Foster Creek. The
Official Plan Amendment (OPA) 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-conforming issue with tl1e outstanding OP A the draft plan of subdivision was not
approved.
3.2 The new Clarington Official Plan (COP) introduced new policy requirements to be
satisfied prior to development applications being approved. Three such polices impacted
upon the subject application for proposed plan of subdivision. They include:
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 Studies (EIS) for any
development within or adjacent to a Natural Features 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 proposed plan of subdivision did not have any approval status, these three policy
requirements are all applicable prior to consideration of the proposed plan of subdivision.
3.3 In early 1998 the landowners met with Planning and Public Works staff to discuss
submitting a revised plan in conformity with the Clarington Official Plan. This led to
several meetings in which the applicability of the above referenced policies of the
Clarington Official Plan were discussed. After several meetings Terms of Reference for
the four-season Sub-Watershed Study and Environmental Impact Study were prepared.
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Gartner Lee & Associates was retained to complete the Sub-Watershed Study and EIS in
February 1999. Open Houses for the combined studies were held in June 1999 and
November 1999. Draft final reports were prepared in January 2000. Staff originally
expected to present the final report to Council prior to summer recess, however issues
regarding storm water management were still being finalized between Gartner Lee &
Associates and the applicant's consultant, G. M. Semas & Associates. The
reconunendations of the Sub-Watershed Study will be forwarded to Committee on
September 18, 2000.
3.4 The current proposed plan of subdivision application, for a proposed 634 units is also
subject to an application for amendment to the Clarington Official Plan (COPA 2000-
003) and amendment to the former Town of Newcastle Zoning By-law (ZBA 2000-017).
The COPA application proposes to re-locate the designated Neighbourhood Park symbol
and Public Elementary School symbol from the south side of the collector road to the
north side of the collector road (see Attachment No.3), while the rezoning is to
implement the proposed plan of subdivision. An application for Neighbourhood Plan
Design has been submitted for the northeast half of the Foster Neighbourhood. This
includes aU the lands north of King Street, east ofRuddeU, south of Highway 35/115 and
the St. Lawrence and Hudson Railway and east of the Foster Creek.
4. EXISTING AND SURROUNDING USES
4.1
Existing Uses:
There are two different owners for the subject lands. The larger
westerly parcel is owned by Robert Stephenson and contains one
single detached dwelling. The majority of the property is vacant and
is used for agricultural purposes. The eastern parcel, owned by
Foster Creek Developments (Edmond Vanhaverbeke), is vacant and
is also used agriculturaUy.
4.2
Surrounding Uses: East-
South -
West -
existing residential on North Street and Remi Court:
Given Road, King Street and existing residential;
Rudell Road, vacant agricultural land and limited
residential development; and
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North - Highway 35/115, the St Lawrence and Hudson Railway
and vacant agricultural lands.
5. OFFICAL PLAN POLICIES
5.1 Within the Durham Regional Official Plan the subject property is designated "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 Valley. The application appears to conform.
5.2 Within the Clarington Official Plan the subject lands are designated "Urban Residential"
and "Environmental Protection Area" within the Newcastle Village Urban Area, as well as
being located within the Foster Neighbourhood. 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 lands are
also subject to two medium density symbols, one in the vicinity of the intersection of
Rudell Road and Given Road, the other abutting the Foster Creek immediately north of
existing development fronting on King Street.
5.3 Schedule B - Transportation Schedule designates a collector road traversing the
subdivision and connecting Grady Drive on the east side of Foster Creek, to King Street
near the Wilmot Creek. In addition, there is a second collector road intersecting with King
Street at Massey Drive and connecting to the east-west collector. The proposed plan of
subdivision is subject to an application for amendment to the Clarington Official Plan.
6. ZONING BY-LAW PROVISIONS
6.1 The lands subject to the combined rezoning and proposed draft plan of subdivision are
zoned "Holding - Urban Residential Type One ((H)Rl)" and "Environmental Protection".
Although the Rl zone allows single detached dwellings based on 15 m frontage and
semi-detached/linked dwellings based on 18 m frontage, the rezoning would
accommodate the proposed 12 m single detached dwelling lots as well as the proposed
medium density units.
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Specifically, and as shown on Attachment No.2 the rezoning as requested would effect
those portions of the draft plan of subdivision identified as parts I through 4 as follows:
Part I - from (H)RI to R3 to permit a block townhouse development
Part 2 - from (H)RI to R2 to permit the development of wide shallow lots
Part 3 from (H)RI to R2 to permit the development of 12 metre wide lots
Part 4 - from (H)RI to R3 to permit a block townhouse development at a
maximum density of 40 units per hectare, or an apartment building at a
maximum density of 60 units per hectare.
7. AGENCY COMMENTS
7.1 The application was circulated to a number of agencies for comments. As of the writing
of this report no comments were received from the circulated agencies with the exception
of the Peterborough Victoria Northumberland and Clarington Catholic District School
Board (Catholic District School Board). The Catholic District School Board notes the
problems at the existing elementary school, which is 100% above capacity. It is
anticipated that the proposed plan of subdivision would generate approximately 130
students. Given the difficulties in fmding a site for a new school, the Board indicated that
approval of the subject development would appear to be premature. The Board requested
that this issue be highlighted for Council at the upcoming public meeting (Attachment
No.4)..
8. PUBLIC MEETING
8.1 Public notice was given to each landowner within 120 metres (400 ft) of the subject site
and public notice signs were installed on the Given Road frontage between Mr.
Stephenson's house and the neighbouring residential property, as well as on the King
Street frontage.
8.2 As of the writing of this report no comments or enquiries from neighbouring landowners
were received.
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9. STAFF COMMENTS
9.1 The applications for proposed Plan of Subdivision, Official Plan Amendment and Zoning
By-law Amendment for the subject lands have been circulated jointly to the various
commenting agencies. The Public Notice provided for this meeting addresses the
Planning Act requirements for all three applications
9.2 The application for Neighbourhood Plan Design has been submitted jointly by three
landowners within the area bounded by King Street, Ruddell Road, Hwy. 35/115, railway
corridor, and Foster Creek. This application will be subject to an Open House to receive
input from area residents, and must be considered by Council prior to approval of the
above referenced applications.
9.3 The urgent need for a school site for the Catholic District School Board needs to be
addressed prior to any approval of the subject development. Staff met with the Catholic
District School Board on a number of occasions over the last 12 to 16 months in an
attempt to secure a location for a new elementary school within the northwest quadrant of
the Newcastle Village Urban Area. The Clarington Official Plan designates a site for this
purpose on the west side of Rudell Road north of King Street. The owner of those lands is
not willing to sell to the school board at this time.
There are two solutions, which could address the problem and provide a school site that
would be central to current and future residents. These are:
. Putting both school sites within the limits of this plan of subdivision; and
. Switching the public school and separate school sites.
The applicants have indicated that putting two school sites within the limits of their
proposed development is an unreasonable burden for them. The Kawartha Pine Ridge
District School Board have indicated that they do not wish to switch sites with the
Catholic District School Board.
Given the urgent problems at the existing St. Francis of Assisi School, it is recommended
that an Official Plan Amendment be initiated to switch the elementary school symbols,
thereby enabling the incorporation of the catholic elementary school within this
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PAGE 8
development. If approved by Committee, staff propose to schedule a public meeting for
October 2, 2000.
9.4 Staff have concerns with the applicant's proposal to relocate the school site further north
within the plan of subdivision. This puts the school site further from water and sanitary
sewer services and could therefore delay the ability of either school board to develop a
school site when required. It is also further away from the residents living on the south
side of King Street, which would be served by this school. It is staffs position that any
school site will have to be located in the first phase of development.
9.5 The applicants do not propose to incorporate the construction of the Grady Drive bridge
structure, as required in the Official Plan, as part of the plan of subdivision. This matter
will be reviewed further through the processing of the plan of subdivision.
9.6 The proposed unit mix for this plan of subdivision provides for 206 (32%) larger single
detached (40 ft. and 50 ft. frontages) and 338 (53%) link/semi-detached dwellings. The
unit mix and the resultant density of development will be reviewed through the application
review process to ensure a greater percentage of single detached dwellings.
10. CONCLUSION
10.1 The purpose of this report is to facilitate the Public Meetings, as required by the Planning
Act, to provide Committee and Council with some background on the application
submitted, and for Staff to indicate issues or areas of concern regarding the subject
application. It is recommended the application be referred back to Staff for further
processing and subsequent report, upon resolution of the above issue and receipt of all
outstanding comments and required revisions.
'tted,
Reviewed by,
Da d. orne, M.C.I.P., R.P.P.
Director of Planning and Development
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Franklin Wu, M.C.I.P., R.P.P.
Chief Administrative Officer
CP*LT*DJC*sn
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04 August 2000
ATTACHMENT NO. I
ATTACHMENT NO.2
ATTACHMENT NO.3
ATTACHMENT NO.4
KEY MAP
PROPOSED PLAN OF SUBDIVISION
PROPOSED OFFICIAL PLAN AMENDMENT
LETTER FROM CATHOLIC DISTRICT SCHOOL BOARD
Interested parties to be notified of Council and Committee's decision;
Foster Creek Developments
20 Robert Street, Unit A
NEWCASTLE, Ontario
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G. M. Semas & Associates Ltd.
110 Scotia Court, Unit 41
WHITBY, Ontario
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Robert Stephenson
170 Given Road
R. R. # 8,
NEWCASTLE, Ontario
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AMENDMENT NO. _TO THE MUNICIPALITY OF CLARINGTON
OFFICIAL PLAN
MAP A4, LAND USE, BOWMANVILLE URBAN AREA
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AIJG 1 7 2000
THE PETER L ROACH
CATHOLIC
EDUCATION
CENTRE
August 15, 2000
MUNICI?ALliY OF CLARINGTON
PLANNING DEPARTMENT
Mr. Carlo Pellarin, Senior Planner
Development Review Branch
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
LlC 3A6
Dear Mr. Pellarin:
Re: Foster North/Stephenson Neighbourhood Plan, Rezoning,
Official Plan & Subdivision Application,
Part Lots 29/30, Concession 2, Former Village of Newcastle
(File 18T-890S9).
I am writing in response to your recent request for comments on the above noted subdivision and
related applications.
As you may be aware, within the former Village of Newcastle, the Board has one Elementary
School, St. Francis of Assisi. Emolment at the School has increased dramatically over the past few
years. The School currently operates 100% above capacity and, in fact, there are currently 10
portables on site which are needed to accommodate emolment.
Over the past year, in effort to deal with emolment growth in Newcastle, the Board has been
reviewing site possibilities for a new elementary school. Senior staff with the Municipality are well
aware of the status of this review and the fact that, thus far, no appropriate site has been found.
Board staff, in consultation with the Municipality, other agencies and local land owners, continue
to work diligently towards finding a solution to the site problem. In the meantime, it is clear that
emolment emanating from the Newcastle area will continue to increase over both the short and long
term. In the absence of a new school, the Board is not in position to accommodate large numbers of
additional students.
Therefore, in relation to the subject subdivision, there is serious concern about the Board's ability
to accommodate students which will be generated by the development. Specifically, based on the
referenced 634 planned units, it is projected that the pupil yield for the Catholic Board will be
approximately 130 students. Until such time that a new school site is acquired, it will be extremely
difficult to accommodate such a large number of students.
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On this basis, relative to accommodations for Catholic elementary school students, I wish to advise
on behalf of the Board that approval of the Foster North development would appear to be premature.
It is imperative that a Catholic elementary school site be acquired in order to deal with projected
enrolment from the development, as well as increased enrolment in general in the Newcastle area.
The Board's serious accommodation concerns should be brought to the attention of Council at the
upcoming public meeting.
It would also request that you advise of the results of the Municipality's deliberations on this matter
and any related decisions which may be reached in coming weeks.
Should you have any questions concerning the Board's position on this matter, please contact me
at the Board Office.
Sincerely,
~
Joel Sloggett,
Manager of Planning
cc- Neil Henderson, Region of Durham
David Crome, Clarington Director of Planning
Joe Whibbs, Board Chair
Mike Langlois, Director of Education
Ray Rigby, Superintendent of Business & Finance
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