HomeMy WebLinkAboutPD-73-93
THE CORPORATION OF THE TOWN OF NEWCASTLE
DN: DEV91019.GPA
Meeting: General Purpose and Administration Committee File #
Date: Monday, May 3, 1993 Res. #
PD-73-93 DEV 91-019 (X-REF: 18T 88046) # #tJ3-h;0
Report #: File #:
Subject: ZONING BY-LAW AMENDMENT AND AMENDMENT TO DRAFT APPROVAL
APPLICANT - MARTIN ROAD HOLDINGS
PART LOT 15 & 16, CONCESSION 1, FORMER TOWN OF BOWMANVILLE
FILE: DEV 91-019 (X-REF: 18T-88046)
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council tne following:
1. THAT Report PD-73-93 be received;
2. THAT the rezoning application, as revised, to amend the Town
of Newcastle Comprehensive zoning Bylaw 84-63, as amended,
submitted by Design Plan Services Inc. on behalf of Martin
Road Holdings Ltd. be Approved as per Attachment No. 5 to this
report; and
3. THAT the proposed revisions to Draft Approved Plan of
Subdivision, as submitted by Design Plan Services Inc. on
behalf of Martin Road Holdings be Approved subject to
conditions contained in this Report, as per Attachment No.4;
4. THAT the Mayor and Clerk be authorized by by-law, to execute a
Subdivision Agreement between the Owner and the Town of
Newcastle at such time as the agreement has been finalized to
the satisfaction of the Director of Public Works and the
Director of Planning;
5. THAT a copy of this Report and Council's decision be forwarded
to the Region of Durham Planning Department; and
6. THAT the interested parties listed in this report and any
delegation be advised of Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: Martin Road Holdings Ltd.
1.2 Agent: Design Plan Services Inc.
....2
RECYCLED PAPIEfl
PAPER RECYCLE
THIS IS rfll/HED ON RECYCLED P^PEfl
REPORT NO. PD-73-93
PAGE 2
1.3 Proposed Revisions:
a) Revise the Draft Approved Plan of Subdivision
fronting on Bonnycastle Drive north of Hartwell
Drive to permit 17, semi-detached/ link lots (34
units), to replace 24 single family dwelling units
and to delete street "G". Amend the zoning from
"((H)R2)" to "((H)R1)".
b) Revise the Draft Approved Plan of Subdivision to
divide Block 304 (Medium density block) into two
blocks of 1.03 ha and 1.44 ha maintaining the
density at 37 units per net ha. The most easterly
block will also have access to Bonncastle Dr.
between the proposed semi-detached/link units. No
rezoning is necessary for this aspect of the
revision.
c) Rezone part of the lands added to the school block,
subsequent to Council's original approval of the
plan of subdivision and zoning, allowing the entire
block to be within one zone category.
d) Rezone part of the lands added to the park block,
subsequent to Council's original approval of the
plan of subdivision and zoning, allowing the entire
block to be within one zone category.
e) Revising the Draft Approved Plan of Subdivision to
delete Block 332 (Day Care Block) and to amalgamate
said lands with the Open Space Block (341).
1.5 Land Area:
irregular
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REPORT NO. PD-73-93
PAGE 3
2 . LOCATION
2.1 The subject property is located in Part Lot 15 and 16,
Concession 1, Former Town of Bowmanville. The property
incorporates portions of the lands previously included in the
Draft Approved and partially Registered Plan of Subdivision
18T-88046 and 40M-1686 respectively. The subject lands are
generally located south of the Canadian Pacific Railway, west
of Regional Road 57, north of Baseline Road and east of the
Green Road road allowance (see Attachment No.1).
3 BACKGROUND
3.1 The application for zoning by-law amendment was originally
received in April 1991 along with a related Official Plan
Amendment application. The combined applications originally
proposed to redesignate and rezone a block of land in the
draft approved plan of subdivision for Medium and High density
development, introduce a Local Central Area designation for up
to 5,500 square metres of floor space in conjunction with a
second high density block and increase the population target
of neighbourhood "3B".
3.2 After numerous meetings and discussions with staff and in
response to comments received from oirculated agencies the
application was amended to delete the request for the
additional Medium and High density blocks. Furthermore, the
commercial component was reduced to 1200 square metres of
retail and personal service floor space and 650 square metres
of floor space for day care use, to be located on the
northwest corner of Hartwell Avenue and Regional Road 57.
Council approved this aspect of the Official Plan Amendment in
January of this year.
3.3 The application for amendment to the Town's zoning By-law has
also been significantly revised. It is now the applicant's
524
REPORT NO. PD-73-93
PAGE 4
intention to revise the draft approved and the zoned lands in
five (5) specific areas (see Attachment No.3).
a) The lots on either side of Bonnycastle Drive, north of
Hartwell Avenue, are proposed to be revised to permit 17,
18.0 m minimum frontage semi-detached/link lots (34
units), as opposed to the 24 draft approved and zoned
12.5 m minimum frontage singles. In addition to deleting
the single family dwelling units, this aspect of the
proposal would eliminate street "G", north of Hartwell
Ave. on the east side of Bonnycastle Dr., as contained in
the Draft Approved Plan. The revisions contemplated
translate into a net increase of ten (10) units (34
semi/links units proposed - 24 singles units existing).
b) The applicant proposes to divide Block 304 (medium
density block) into two parcels providing a 12.0 m wide
access from the proposed most easterly block to the
Bonnycastle Dr. to the west. The density of the revised
blocks would remain the same at a maximum of 37 units per
ha. No zone change is needed to undertake this revision.
c) The rezoning application proposes to rezone a portion of
the Draft Approved school block, currently contained
within three different zones, to one uniform zoning. The
triple zoned block occurred as a result of a modification
to the proposed plan of subdivision, increasing the
school block area. This change to the plan occurred
subsequent to Town Council approval of the proposed plan
and corresponding zoning, and as part of issuance of
conditions of Draft Approval by the Region.
d) The rezoning application proposes to rezone a portion of
the Draft Approved park block, currently contained within
525
REPORT NO. PD-73-93
PAGE 5
two different zones, to one uniform zoning. Similar to
the park block referenced above, the dual zoned block
occurred as a result of a modification to the proposed
plan of subdivision subsequent to Council approval of the
plan and implementing zoning.
e) The Draft Approved Plan contained a block 332 intended to
be developed for a Day Care Centre. Conditions of Draft
Approval suggested that prior to site plan and zoning
approval for said block, the design of the abutting storm
water management pond must be finalized to the
satisfaction of the Director of Public Works. Through
the detailed design of the pond it was determined that
the land area of block 332 (Day Care Block) would be
required for stormwater management. Therefore, through
this application it is recommended that Draft Plan of
Subdivision (18T-88046) be amended to delete block 332,
and meld said lands with Open Space Block 341.
3.4 zoning for the commercial component, which received Council
approval for an Official Plan Amendment in January, will not
be dealt with at this time. The applicant has yet to finalize
the site plan submission and furthermore, the Ministry of
Municipal Affairs has not provided final approval to the
Official Plan Amendment.
4 EXISTING AND SURROUNDING USES
4.1 The lands subject to the rezoning application are currently
vacant save and except the sales pavilion associated with the
first phase of the development (40M-1686).
4.2 Surrounding land uses are as follows:
South: residential development associated with 40M-1686,
existing residential development on Penfound Drive,
Baseline Road and agricultural land. ....6
J26
REPORT NO. PD-73-93
PAGE 6
East:
Regional Road 57 and existing residential fronting
thereon.
the Canadian Pacific Railway, the Canadian Tire
store and vacant land subject to development
applications.
residential development associated with 40M-1686 and
vacant lands subject to development applications.
North:
West:
5 PUBLIC MEETING AND RESPONSE
5.1 Pursuant to Council's resolution of July 26, 1982 and the
requirements of the Planning Act, public meetings have been
held for the rezoning application on June 17 1991, and April
21, 1992. The appropriate signage acknowledging the
application for zoning by-law amendment and revisions thereto
was installed on the subject lands and notice was mailed to
each landowner and tenant within the 120 metre prescribed
distance.
5.2 A number of neighbouring residents made inquiries with regards
to the circulations, as well as making presentations to
Committee at the Public Meetings. The majority of the
concerns raised by the residents were as a result of the
magnitude of the commercial and high density blocks originally
proposed. The current application no longer proposes a new
high density component, and the commercial floor space has
been previously approved at a significantly lower level than
originally submitted.
6 OFFICIAL PLAN POLICIES
6.1 within the 1976 Durham Regional Official Plan the lands
subject to the application for Official Plan Amendment are
designated "Residential". The predominant use of lands so
designated shall be for a variety of housing styles, type and
tenure. within the 1991 Durham Regional Official Plan the
527
REPORT NO. PD-73-93
PAGE 7
subject lands are designated "Living Area". The policies of
this designation are similar to those of the Residential
designation noted above.
6.2 within the Town of Newcastle Official Plan the subject
property is designated "Low Density Residential" within
neighbourhood "3B" of the Bowmanville Major Urban Area. The
neighbourhood has a population target of 5800 people and
contains symbols for medium and high density, as well as
various school and park symbols. The application would appear
to conform to the provisions of the Official Plan as it
marginally impacts density of the plan.
7 AGENCY COMMENTS
7.1 In accordance with departmental procedure the subject
revisions were circulated to a limited number of agencies and
departments for comment. Town of Newcastle community Services
Department and Fire Department both advised they have no
objection to further processing of the application.
7.2 Town of Newcastle Public Works Staff advised that they have no
objection in principle to the proposed revisions. However,
they require that the proposed access to the medium density
block (304) from Bonnycastle, be located midway between Street
"F" and Hartwell Avenue. As well, prior to deletion of street
"G" from the Draft Approved Plan, written approval for the
proposed access to Regional road 57 from the commercial
development be obtained from the Region of Durham Works
Department and submitted to the Director of Public Works.
Staff would note that satisfactory comments from Regional
Works Staff were received by the Town April 21, 1993, as
indicated below.
')S'j
JL
REPORT NO. PD-73-93
PAGE 8
7.3 Regional Works Staff advised they have no objection to the
application to modify the lot configuration of Bonnycastle
Drive as it does not impact upon Regional services. In
response to the Town Public Works regarding access to the
commercial block from Regional Road #57. Regional Works
Department advised that the Regional entranceway policy will
not permit direct access onto a Regional Road where alternate
access is available. However, upon further review of the
anticipated traffic volumes the site would generate, Regional
Works Staff have decided to make an exception to the policy
allowing a restricted access from Regional Road #57 (right-in
and right-out only).
8 STAFF COMMENTS
8.1 The applications as revised for Committee's consideration
proposes to amend the Draft Approved Plan 18T-88046 and
implementing zoning as follows:
a) Amend the Draft Approved Plan and zoning to replace the
24 single family dwelling lots fronting on Bonnycastle
Drive, north of Hartwell Avenue, with 17 semi-
detached/link lots (34 units). This lotting revision
would also eliminate Street "G".
b) Amend the draft approved plan to divide Block 304 into a
1.03 ha and a 1.44 ha parcel, with the latter having a
12.5 m access to Bonnycastle Drive.
c)
Amend the implementing zoning on the school block 335
from a triple zone situation to a single zone situation.
d)
Amend the implementing zoning on the park block 334 from
a dual zone situation to a single zone situation.
--.....--.-. 9
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REPORT NO. PD-73-93
PAGE 9
e) Amend the draft approved plan to eliminate block 336 as a
day care block and amalgamate said lands with block 345,
(Open Space Block) .to be dedicated to the Town to be
utilized in the design of the stormwater management works
associated with the plan of subdivision.
8.2 The proposed rezoning and amendment to Draft Approval has a
net increase of ten (10) units on Bonnycastle Drive. It is
noted for Committee's information that the previous approval
of the Official Plan Amendment for the Local Central Area
(commercial and day care block) abutting to the east,
effectively eliminated five (5) draft approved singles and a
block, not originally part of the draft approval, which could
accommodate an additional five (5) singles. Therefore, there
is no real increase in terms of residential units, however,
the actual density of the plan is increasing slightly as a
result of the residential area within the subdivision being
decreased.
8.3 Apart from the slight density increase on Bonnycastle Drive,
the balance of the revisions are housekeeping in nature. All
change would necessitate the original conditions of draft plan
approval be amended as well as amendment to the zoning by-law
as attached hereto.
9 CONCLUSION
9.1 In consideration of the favourable comments received from the
departments and agencies circulated and the staff comments
contained within said report, Staff would have no objection to
the proposed revisions to Draft Approval, subject to the
conditions as outlined in Attachment #4 hereto. Furthermore,
Staff have no objections to the approval of the proposed
zoning by-law amendment to implement the proposed changes.
. . . . 10
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REPORT NO. PD-73-93
PAGE 10
Respectfully submitted,
cj y
Franklin Wu, M.C.I.P.
Director of Planning
and Development
CP*FW*cc
*Attach
26 April 1993
Recommended for presentation
to the Committee
Attachment No. 1 - Subject Property Location Sketch
Attachment No. 2 - Proposed Re-Iotting to 18T-88046
Attachment No. 3 - Proposed Revisions to 18T-88046 and DEV 91-019
Attachment No. 4 - Revisions to Conditions of Draft Approval
Attachment No. 5 Proposed f
Interested parties to be not:
decision:
Peter R. King
56 Alonna Street
BOWMANVILLE, ontario
L1C 3P8
Martin Road Holding Ltd.
250 Consumers Road
suite 403
NORTH YORK, ontario
M2J 4V6
Design Plan Services Inc.
385 The West Mall
suite 303
ETOBICOKE, ontario
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ATTACHMENT #4
PROPOSED REVISIONS TO
CONDITIONS OF DRAFT APPROVAL
FOR 18T-88046, AS AMENDED
1) That Condition # 1 be amended as follows:
delete reference to lots 151 to 166, 178 to 181 and 187 to 190
as single family dwelling units and increase the reference to
the number of semi-detached/link lots by 17 lots (34 units).
Amend block 34 medium density to two blocks of 1.03 ha and
1.44 ha, each having a maximum density of 37 units per net ha.
That block 332 (Day Care Block) be deleted and the lands
amalgamated with Block 341 (Open Space Block) .
2) delete Condition No. 18 regarding the Day Care Block and
replace it as follows:
the owner agrees that no building permit shall be available
for the three (3) newly created, semi-detached/link lots, in
the vicinity of draft approved lots 181, 187 and Street "G",
until such time Official Plan Amendment # 52 has received
ministerial approval.
535
ATTACHMENT #5
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY.LA W NUMBER 93-_
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation
of the Town of Newcastle,
WHEREAS the COl,lncil of the Corporation of the Town of Newcastle deems it advisable to
amend By-law 84-63, as amended, of the Corporation of the ,Town of Newcastle to permit the
revisions to Draft Plan of Subdivision 18T-88046,
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town
of Newcastle enacts as follows:
1. Schedule "3" to By.law 84-63 as amended, is hereby further amended by changing the
zone designation from:
"Holding - Urban Residential Type Two ((H)R2)" to "Holding - Urban Residential Type One
((H)R1)",
"Holdjng - Urban Residential Type One ((H)R1)" to "Holding - Urban Residential Type Two
((H)R2)",
"Environmental Protection (EP)" to "Holding. Urban Residential Type Two ((H)R2)",
as illustrated on the attached Schedule "A" hereto,
f" Schedule "A" attached hereto shall form part of this By-law.
3, This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act.
BY-LAW read a first time this
day of
1993.
BY-LAW read a second time this
day of
1993.
BY-LAW read a third time and finally passed this
day of
1993,
MAYOR
CLERK
J36
This is Schedule "A" to By-law 93 - -,
passed this~day of , 1993A.D.
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BASELINE ROAD
Mayor
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Clerk
537