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HomeMy WebLinkAboutPD-192-92 ~- °fh1 CO~~A`TI N ~ • Ih~ ION O~ t~~tCS1°LS DN: BOWLING.GPA Meeting: General Purpose and Administration Committee File ~ ~t ' , C}~te: Tuesday, September 8, 1992 i~e~• PD-192-92 DEV 89-129 (X-REF: 18CDM 89033 ) Sy..(~~w f~epert i`iie SubJect: REZONING APPLICATION AND PROPOSED PLAN OF CONDOMINIUM BOWLING GREEN DEVELOPMENTS PART LOT 28, CONCESSION 2, FORMER VILLAGE OF NEWCASTLE FILE: DEV 89-129 (X-REF: 18CDM-89033) ~~Or~rrt~nti0nn It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-192-92 be received; 2. THAT application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Bowling Green Developments be APPROVED and that a zoning by-law amendment be brought forward for Council's approval at such time as the applicant has entered into a Development Agreement to the Town's satisfaction; 3. THAT the proposed Plan of Condominium (18CDM-89033) revised and dated May, 1992, as per Attachment No. 2, be APPROVED subject to entering into a Development Agreement satisfying the Town of Newcastle financially and otherwise. 4. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Bowling Green Developments 1.2 Owner: V. W. Kuchar and Associates, Architects Ltd. 1.3 Rezoning: From "Urban Residential Type One - Special Exception (R1-1) to an appropriate zone in order to permit the development of thirteen (13) single family dwelling condominium units. ....2 . r,, p ~ THIS AS PRitfIF.U txJ HEGYGLEO PAPER REPORT NO. PD-192-92 PAGE 2 1.5 Area: .93 hectares (2.29 acres) 2. BACRGROUND 2.1 In November of 1989, the Town of Newcastle Planning and Development Department received an application to amend Zoning By-law 84-63 and for Site Plan Approval in order to permit the development of eighteen (18) single family dwellings. In January of 1990, the Region of Durham advised the Town of Newcastle that the applicant intended to develop the eighteen (18) single family dwellings as condominium units. 2.2 The proposal is situated on a .93 hectare (2.29 acre) parcel of land located on the east side of Regional Road No. 17, south of C.P.R. tracks but is more formally described as Part Lot 28, Concession 2, in the former Village of Newcastle. 2.3 A Public Meeting was held on February 19, 1990 with respect to the proposed zoning by-law amendment at which time seven (7) area residents spoke in opposition to the proposal. The area residents expressed concerns regarding the density of the proposal, the size of the lots, the proximity of the C.P.R.tracks and a perceived dangerous traffic problem at the intersection of Monroe Street and North Street.. In addition, as a result of the circulation process, Staff received one (1) letter of objection and one (1) petition signed by forty- three (43) area residents opposed to the proposal. 2.4 Following Council's consideration of the proposal, Council passed a resolution requiring the applicant to chair a meeting with Town Staff and the area residents in an attempt to address the concerns of the area residents. The residents meeting occurred on June 27, 1990 and as a result of discussions with the area residents and Town Staff, the applicant has revised the application to propose thirteen (13) single family dwellings. ....3 `~i ~ U REPORT NO. PD-192-92 PAGE 3 2.5 In view of the significant amount of time which had passed since the original Public Meeting was held in February of 1990, Staff advised the applicant that in order to ensure that the requirements of the Planning Act have been met, it would be prudent to hold a second Public Meeting. 2.6 The second Public Meeting was held on January 6, 1992 at which time four (4) area residents spoke in opposition to the proposal. The residents reiterated their concerns from the original Public Meeting. 3. PUBLIC NOTICE 3.1 Pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. In addition the appropriate notice was mailed to each landowner within the prescribed distance. 4. OFFICIAL PLAN CONFORMITY 4.1 Within the existing Durham Regional Official Plan, the subject property is designated as a "Residential Area" while the recommended Regional Official Plan designates the subject property as a "Living Area". Residential uses are intended to be the predominant use of land under both designations and therefore, the application conforms with the intent of both the existing and the recommended Regional Official Plan. 4.2 Within the Town of Newcastle Official Plan,' Section 8.2.1.2(iv)(a) states that the density of residential development within the Newcastle, Village Small Urban Area shall generally be restricted to low and medium density, with an overall average density not to exceed fourteen (14) units per net residential hectare. ,The Official Plan defines net ....4 i. r REPORT NO. PD-192-92 PAGE 4 residential hectares as all residential lands excluding municipal roads, schools, parks and valleylands. Since the applicant is proposing to develop the subject lands with condominium units, the entire .93 hectare (2.29 acre) parcel would be private property and retained as net residential land which equates to a density of 13.97 units per net residential hectare. Therefore, the applicant is proposing to develop the subject property at a density which conforms with the residential density policies contained within the Town of Newcastle Official Plan. 5. ZONING BY-LAW COMPLIANCE 5.1 Within the Town of Newcastle Comprehensive Zoning By-law 84- 63, the subject property is zoned "Urban Residential Type One - Special Exception (R1-1)" which would permit the development of the subject property with single family dwellings with a minimum of 18 metres of frontage and 650 square metres of lot area. As the applicant is proposing to develop 13 single• family dwellings as one condominium proposal, an amendment to the zoning by-law is required. in order to implement the proposed development. 6. AGENCY COMMENTS 6.1 The Town of Newcastle Planning and Development Department undertook a joint circulation of the condominium/rezoning/site plan approval application. The following provides a brief synopsis of the comments received to date. 6.2 The Regional Works Department has responded that full municipal services are available to the site. However, due to capacity constraints, new sanitary sewer connections are not being approved until the existing sewage treatment plant is expanded. Nevertheless, Staff note for the Committee's information that the Region has advised that the expansion of the plant is scheduled to take place in 1992. ....5 ~ REPORT NO. PD-192-92 PAGE 5 6.3 The Canadian Pacific Railway has advised that they object to the proposal on the basis that residential land uses are not compatible with railway operations. The Railway notes that the health, safety and welfare of future residents could be adversely affected by activities of the railway, such as noise. Nevertheless, the Canadian Pacific Railway has provided several regulatory conditions should the application be approved. In addition, Staff note that the Ministry of Environment has approved a Noise Impact Study which was prepared by the applicant to support the proposal. 6.4 The Town of Newcastle Public Works Department has reviewed the subject application and recommends that the site plan approval application not proceed until such time as the applicant has submitted a set of engineering drawings for review. Nevertheless, the Public Works Department has no objection to the application in principle and will impose several regulatory conditions through the site plan approval process. 6.5 The Community Services Department has no objection to the application subject to the 5% parkland dedication being accepted as cash-in-lieu and funds realized being credited to the Parks Reserve Account. 6.6 The Ganaraska Region Conservation Authority has reviewed the subject application and has no objection to the proposed development provided that prior to commencement of any grading or construction on site, the Owner shall prepare a surface drainage and erosion control plan, acceptable to the Authority, which illustrates all proposed surface drainage works and means to minimize erosion and sedimentation associated with any storm drainage. . ....6 _r J/ J REPORT NO. PD-192-92 PAGE 6 6.7 The balance of the circulated agencies which have provided comments are Regional Planning Department, Public School Board, Separate School Board and Ministry of the Environment. None of the aforementioned agencies have provided objectionable comments with respect to the proposal. 7. STAFF COMMENTS 7.1 The applicant has revised the application in an attempt to address the concerns of both the area residents and the Planning and Development Department. The Town of Newcastle Official Plan states in Section 8.2.1.2(iv)(a) that the density of Newcastle Village shall not exceed fourteen (14) units per net residential hectare. .The applicant reduced the number of proposed units from eighteen (18) to thirteen (13) and the density of the proposal is now 13.97 units per net residential hectare. Therefore, the application and the density are in conformity with the policies of the Official Plan. 7.2 Moreover, the creation of single family dwelling units as condominium units would satisfy the objectives of Section 8.2.1.1(1) of the Town of Newcastle Official Plan which strives to provide a range of housing types, sizes, prices and tenure arrangements in order to provide accommodation for households of differing socio-economic characteristics. 8. CONCLUSION 8.1 In consideration of the comments contained within this report,, Staff would recommend approval of the application for proposed Plan of Condominium (18CDM-89033). Staff also recommend that the zoning amendment application be approved and that the amending by-law be forwarded to Council at such time as the applicant has' executed a site plan agreement to the satisfaction of the Town. ....7 l~ REPORT NO. PD-192-92 PAGE 7 Respectfully submitted, Recommended for presentation to the Committee gyp. . ~ ~ ,;~1 Franklin Wu, M.C.I.P. Lawrence E. Kots $f Director of Planning Chief Administ a~ve and Development Officer WM*FW*cc Attachment # 1 - Key Map Attachment. # 2 - Proposed Plan of Condominium 25 August 1992 Interested parties to be notified of Council and Committee's decision: V. W. Kucher and Associates 936 The East Mall ETOBICOKE, Ont M9B 6J9 w .j i r .J A i ~ ACHMENT ~ 1 -, _ . . SUBJECT SITE LOT 29 a ~ LOT 28 LOT 27 ~o ~ yr Nq - 0 ~~'oN, Ve QO QO l1J ~ i r ..........................rr~I~ ~ p •r••••"rrr••r.r. R ~ R2- 5 R I RI- i ~ M1-1 Ac~F'c' N ~M\, \ ROE ST,~ rr~••.•... ~ R1-1 A~ v~ R I- I I,.•. Z E P sr. r _ ' Hc;r 5 i ~j ~ f ~ ~ _ I II 9 - } GRAHAM CT. F (H)R2 WILMOT T. ~ i' ~ R S. Q ~ ~ N R1-3 c: ~ R~ A C1 KING, c~ ST. 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