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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 523 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 J29 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 J30 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 M9C 1E7 ~ 'b-~ 7,3- q:_=5 1{J1CL4~' 11ud f(&~>> ! () cQ Cl fr7 (/~drtt /0/c--- ~(~/tk~'tfL5UV;;/L- 117/ vJ 3LU(?,")!-) fV'w[ 3( ~3 . ATTACHMENT #1 ~ SUBJECT SITE LOT 16 LOT 15 A L ( ( (H)R4 ci ~ III - Z ~o 0 0<0:- c:r ~ (J) >- (f) I.1J W 0 .J U c:r <( I.1J Z 0 ~ 0 a:: 3: U Z I.1J I.1J >- c:r '" .J (!) a:: '" ~ ~ A ONNA 1: N a:: i .... M1-4 EP . -. BASELINE ROAD KEY MAP o 100 200 300 m r""-. . 50m J32 ~ ATTACHMENT #2 ---- Le; 'ON lVNOI~3(j ovotJ uJ :::> z uJ :> <( .-J .-J uJ 5: r- ~ <( :r: .~o 3l1S'iJANN08 (!) -.::t- 0 f- co L- co W W I u tf) Z"- w -,co a::: 0"- u ~o t! Wo -(:- ai (f) 0:::..- a....c to S 5~ 0 o(/) :::>0 0 Wz ' 0 ::E~ <( N W (/)0 ::;::: 0- 0- (/) ~ --1 056- <( 0::: W ;! " > 0- 0::: ~ ~ Ul W <D~ w Z z .q-'- :J :J o~ 0 0 cog w Ul W CO-, 5 0:: I w a:: I- Ul 0 CO w W ..-- I- < (/)0 u Ci ~I- ~ 0 (/) 0:: 0... Z 0 (/) > W 0:: -I"... \.- J33 ATTACHMENT #3 I I I I I I I I I I I I I I I I -------------------~ I ---------------~ ,. -- I (-------------1 ,--------- I I =- -=onw. :ol I I I<XI l '--------, :~: ,.---- '-------, \ I I ( r-- I I I I' I : :~I ': I ! llr: i : I I 1<(: I: I I I~I : ----f '-___J '--___J I ~&4"or. r----\ (n" l., I' I l \ \ I \ \ \. : \ \ \ I \ ,-_I I I I I I I I ...__________ ~------_1 I I I I I BAS< Vf[ I I ~rr I I (VIfR( I I I _______~------...J ""'" :ul ttUOM: '" fVMli. 0MlC.lf"W(){t U,... ~ -- ..... . . . . . Utr 40-11 .be!. ~,..~ $doN ....... ... -- . ~ I I \ I I I I I \ L---~_J l ,.-, \ ......---- ---~/ ,\ ,- --- .,; ....__.."...c:. --_ .....-.- "~M""""'" --- PROPOSED REVISIONS i . 18T-88046, Dev. 91-019 /~ ~ LOT 16 ~LOT 15 : ~~ I I I I I I I ' \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ " \ '(" ,. \ \ ,,'" \ \/ \ \ \ \ \ \ \ \ \ \ \ I , , : \.. I ________ , ./ r-------- , I I I , , , I I I , I , , , I , I I I , I / / , , I I , , I I I I I I , I I I I I I I I I 101 :<X: 101 :0:: , I I I 'Zl : ILl: IILI' '0:' :C): I I , I , I I I I I I I I I I I I I I I I , I I I I I I I I I I I I I I I I ---' '----:---- . . . fU . . . ..-... --- """" ...... ,- / I ~ :::: I I I I I I I I I \ I '....._--------- - - __""I p- --- ---- - ----------- I I I I I I L , I I I I I I I I , , I .....1 101 I I 01 <XI 0: 0:1 , .J' <xl ZI 01 -I C)I ILl' 0:1 I , I t , , , I \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ I \ \ \ \ \ \ \ , \ \\ I \ ( \ I \ I \ I \ I \ I \ I \ I \ I \ I ' I " I , I I I I I 1 , I '---------- \ \ \ \ \ \ \ ,---, I I I I I I : \ I I I I I I I I I I I ~--------- -------'i r--------- -~ ~d ~e"'" ~ ~b J34 z o (f) (f) W L> Z o L> 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. K LOT 16 H-< H . I t; o ~ 0:: ..J ct Z o i:5 w 0:: I I I \..... , A z o - en en w u z o u R2 0: IIIIIIIIIIII ZONING CHANGE FROM "(H)RI" TO "(H)R2" ~ZONING CHANGE FROM "(H)R2"TO"(H)Rl" \Z',i'Zd0,'IZONING CHANGE FROM "EP" TO"(H)R2" N 0:: g ..... ..., BASELINE ROAD Mayor ~ Clerk 537