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 $f
Director of Planning Chief Administ a~ve
and Development Officer
WM*FW*cc
Attachment # 1 - Key Map
Attachment. # 2 - Proposed Plan of Condominium
25 August 1992
Interested parties to be notified of Council and Committee's
decision:
V. W. Kucher and Associates
936 The East Mall
ETOBICOKE, Ont M9B 6J9
w .j
i r .J
A i ~ ACHMENT ~ 1
-, _ . .
SUBJECT SITE
LOT 29 a ~ LOT 28 LOT 27
~o ~
yr
Nq -
0
~~'oN, Ve QO QO
l1J ~ i
r ..........................rr~I~ ~
p •r••••"rrr••r.r.
R ~ R2- 5
R I RI- i ~ M1-1 Ac~F'c' N
~M\, \ ROE ST,~ rr~••.•...
~ R1-1
A~ v~ R I- I I,.•. Z
E P sr.
r _
' Hc;r 5 i ~j ~ f ~ ~ _
I II 9 - } GRAHAM CT. F
(H)R2 WILMOT T. ~ i' ~ R S. Q
~ ~ N
R1-3
c: ~ R~ A C1 KING, c~ ST. C1
~~..~...~..4...~~..i) ~..r.~. ; HIGHWAY Nt 2 1.........
u ~ r N~ R2 ( M1.2 ~J C1 ~ C1 Rt ~ -
I - ~ ~ p
lD} 1 EMILY ~ ~I ~
~l:KttK UK ~ n
~Rt -1 ~ r
Z
~ CAROLINE I ST. O
. ~ l
I -
R2 Y ~
EDWARf ~ ST.
5~ I
I U
L EP ~ JAMES i ST. ~ ~ ~ z
U
haK i T. ~ J
~ _ ~ o
iii r~l i Iii. _
,
O 50 100 ?Sp0 300 m
K mar
a ~
A e ~ ACHMEN"i"
V. W. Kaclwr & Assoclales. Archliucls Lld.
9:IG TLn F.n,l Mnli, F.~ohlco~e, bnin~i~ f,19R G19
1
k~
F
.........j................ (................:......r fff
y~~
Y t•
. .
~
. .
:f
1
• I
•
;ti..~...... ~..t ~II ~ _-
1
i
--
f O
r LL
I
• ,
•M......... .:lip / F~ j~~, ~-~I
:.............1'
- ~ / ~ ~ A
r .
u i~
t~ i
.
a ~ •
•
....................................1........~....................
~a° t~
/ : %
r ~ ~ .
t .
. .
.
.I
:i
_
- - -
...:................................r................ ~ j
. % ~ ~ - i r
• ~ ~ _ i
Regional Road 1 ~ ~ -
sl l~(~~1®fl~
x iae~taR1
j [ • Y _ V .
~ ~I • ~419i$l~lt~