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HomeMy WebLinkAboutPD-91-93 Ii THE OF THE TOWN OF NEWCASTLE DN: KINGS.GPA Meeting: General Purpose and Administration Committee Date: Monday, June 7, 1993 File # Res. #~F/} -353 7'3 # 93-%5 Report #: PD 91 93 File #: DEV 92 027 (X-Ref.: 18T-92010 and OPA 92-008jN) Subject: ZONING AMENDMENT APPLICATION, PROPOSED PLAN OF SUBDIVISION AND OFFICIAL PLAN AMENDMENT APPLICATION - KINGSBERRY PROPERTIES Part Lot 31, Concession 2, former Township of Darlington File: DEV 92-027 (X-Ref.: 18T-92010, OPA 92-008LN) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-91-93 be received; 2. THAT Official Plan Amendment application OPA 92-008jN be deemed unnecessary due to the reduction in density and that the file be closed. 3. THAT the Region of Durham be advised that the Town of Newcastle recommends approval of the draft plan of subdivision 18T-92010 dated March 9, 1993, as revised in red, subject to the conditions contained in Attachment No. 1 to this report. 4. THAT the Mayor and Clerk be authorized, by By-law, to execute the Subdivision Agreement between the Owner of the proposed draft of subdivision 18T-92010 and the Corporation of the Town of Newcastle at such time as an Agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning and Development. 5. THAT the attached amendment to By-law 84-63 be APPROVED and that the Holding (H) symbol be removed by By-law upon execution of the Subdivision Agreement. 6. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. 1.1 1.2 APPLICATION DETAILS Applicant: Official Plan Amendment: Kingsberry Properties Seeking approval to increase the target population from 4300 persons to 4550 persons. -------l~T--~-SUbdi:v lslon: Or iqimd P .roposa h----suuyll t d.pprovaT~--.... for an eighty (80) unit plan of Il[CYCLED PAPIEfl rArEn AECYCLE"- j20 THIS IS PfWHFDON nEcyclED PArER REPORT NO.: PD-91-93 PAGE 2 subdivision consisting of 10 semi- detached/link units, 14 townhouse units and 2 apartment blocks, with 32 and 24 units respectively. Revised Proposal: Seeking approval for a fifty-one (51) unit plan of subdivision consisting of 10 semi- detached link units, 41 townhouse and one future development block to be developed in conjunction with adjacent lands. 1.4 Rezoning: From in part Holding Urban Residential Type One ((H)R1) and in part Urban Residential Type One (R1) to an appropriate zone or zones in order to implement the above-noted development. 1.5 Area: 1.337 hectares (3.3 acres). 2. BACKGROUND 2.1 In May of 1992, the Town of Newcastle Planning and Development Department was advised by the Region of Durham of an application for approval of a Plan of Subdivision submitted by Kingsberry Properties. In May of 1992, the applicant also filed applications with the municipality to amend the Town of Newcastle Official Plan and the Town of Newcastle Comprehensive Zoning By-law 84-63 in order to implement the proposed plan of subdivision. 2 . 2 The subj ect property is a 1. 337 hectare (3. 3 acre) parcel located on the west side of Trulls Road, approximately 119 metres (390 feet) south of Highway #2, but is more formally ____---descrlppn n!=:. -Ear+: of Toot 31, Concession 2, .~.tha... former Township of Darlington. j21 REPORT NO.: PD-91-93 PAGE 3 3. PUBLIC NOTICE AND SUBMISSIONS 3.1 Pursuant to Council's resolution of July 26, 1992 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. 3.2 A Public Meeting was held on Monday, July 6, 1992, at which time five (5) area residents spoke in opposition to the proposal. The residents were primarily concerned with the number of units and the proposed increase to the target population. In addition, one (1) area resident submitted a petition in opposition to the proposal signed by 126 area residents. 3.3 As a result of the Public Meeting process, the applicant met with the area residents and it would appear that the concerns of the area residents have been addressed. 4. OFFICIAL PLAN CONFORMITY 4.1 within the existing Durham Regional Official Plan, the subject property would appear to be designated Residential, while the recommended Regional Official Plan appears to designate the subject property as a Living Area. As the primary use of lands so designated is intended to be for residential purposes, the application would appear to conform to both the existing and the recommended Regional Official Plans. 4.2 within the Court ice Major Urban Area, the Town of Newcastle Official Plan establishes a maximum of 15 units per net residential hectare for Low Density Residential development, a maximum of 40 units per net residential hectare for Medium Density Residential development and a maximum of 80 units per net residential hectare for High Density Residential _____'--_develoJ2!llenb The app~icant is proposing to develop the~12_.__ hectare (3.~ acre) parcel at an overall density of 41.36 units 522 REPORT NO.: PD-91-93 PAGE 4 per net residential hectare which falls within the High Density range as defined by the Town of Newcastle Official Plan. The Neighbourhood Development Plan for Courtice South does not identify specific areas for medium and high density development in order to provide greater flexibility in subdivision design. High density residential development is intended to be located adjacent to existing low and medium density residential uses and fronting on arterial roads at the periphery of residential neighbourhoods. 4.3 The Town of Newcastle Official Plan also establishes a target population of 4300 for the 2B Neighbourhood. The proposed plan of subdivision must be reviewed within the context of the target population. Due to the concerns of the area residents, the applicant has substantially reduced the proposed number of units from 80 to 51. As a result, the Planning and Development Department have determined that the approval of the application will serve to maintain the target population. Therefore, the application can be considered to be in conformity with the Town of Newcastle Official Plan and the proposed Official Plan Amendment is no longer required. 5. ZONING BY-LAW COMPLIANCE 5.1 within the Town of Newcastle Comprehensive Zoning By-law 84- 63, the subject property is zoned in part Holding-Urban Residential Type One ((H)R1) and in part Urban Residential Type One (R1). The current zone categories would permit the development of the subject lands with single and two-family dwellings. As the applicant is proposing to develop street townhouses, the applicant has applied to appropriately amend the zoning by-law. 6. AGENCY COMMENTS 6.1 The proposal, as revised, was circulated concurrently to various agencies by the Durham Regional Planninq. Dej:@rtment and the Town of Newcastle Planning and Development Department. ,. 2 .Z ~) _ J REPORT NO.: PD-91-93 PAGE 5 The following provides a brief synopsis of the comments received. 6.2 The Central Lake ontario Conservation Authority notes that a portion of the plan is affected by the Regional storm Floodplain of Robinson Creek. However, the Authority has no objection to the proposal, subject to several regulatory conditions. 6.3 The Ministry of Natural Resources notes that Robinson Creek provides habitat for bait fish and as such the Ministry is concerned with the potential for water quality degradation as a result of the proposal. Nevertheless, the Ministry has no objection to the proposal subject to several regulatory conditions. 6.4 The Regional Works Department has reviewed the proposal and has no objection to the application. However, the Regional Works Department notes that the applicant is proposing to service Blocks 10, 11 and 12 with two (2) access points onto Trulls Road. Since Trulls Road is a Type "B" Arterial and a future Regional Road, limiting direct access is desirable from a planning and engineering perspective. Therefore, the Regional Works Department has requested the Town to restrict Blocks 10, 11 and 12 to one (1) access. Staff concur with this request and have red-lined the proposed plan of subdivision accordingly. 6.5 The Town of Newcastle Public Works Department has no objection to the proposal. However, in addition to other requirements, the applicant will be required to provide a 5.182 metre road widening along Trulls Road and 10 metre X 10 metre sight triangles at the intersection of Strathallan Drive and Trulls Road. j24 REPORT NO.: PD-91-93 PAGE 6 6.6 The Community services Department has advised that they have no objections to the proposal subject to the applicant providing 5% cash-in-lieu of parkland dedication with the funds realized being credited to the Parks Reserve Account. 6.7 The balance of the circulated agencies which provided comments were the Ministry of the Environment, the Ministry of Transportation, the Regional Planning Department, the Public School Board, the Separate School Board, ontario Hydro and the Town of Newcastle Fire Department. None of the aforementioned agencies have provided objectionable comments. 7. STAFF COMMENTS Staff have reviewed the application in relation to the proposed density, the density of the surrounding area, the residential density policies contained in the Official Plan, the target population of the Official Plan and the surrounding land uses. 7.1 7.2 The applicant was originally intending to develop the parcel with a total of 80 units, including a 32 unit apartment building and a 24 unit apartment building. However, the proposal received considerable criticism and opposition from the area residents, particularly with respect to the apartment buildings. As a result, the applicant has revised the proposal to a 51 unit plan of subdivision consisting of 10 semi-detached/link units and 41 townhouse units. 7.3 The applicant is proposing to develop the 51 unit plan of subdivision at an overall density of 41. 36 units per net residential hectare. This density is substantially higher than the density of Registered Plan 10M-839 to the west of the subject property, which developed at 30.1 units per net residential hectare. Although the density of revised proposal is approximately 11 units per net residential hectare high~~__ than the Registered Plan 10M-839, the higher density is ~) 2 5 REPORT NO.: PD-91-93 PAGE 7 permitted by the policies of the Official Plan which allow for a transition from lower to higher densities as development approaches the Community Central Area on the east side of Trulls Road (See Attachment No.3). 7.4 The proposed plan of sUbdivision, as red-line revised, is a logical extension of Registered Plans 10M-839 and 10M-820, as well as Draft Approved Plans of Subdivision 18T-89035 and 18T- 90046. In addition, the approval of the application will facilitate the extension of Strathallan Drive to Trulls Road, thus providing additional access to the interior of the 2B Neighbourhood and improving the flow of traffic. 8. CONCLUSION 8.1 In consideration of the comments contained within this report, the Planning and Development Department would have no objection to the approval of the proposed Plan of Subdivision, subject to the conditions of draft approval as contained in Attachment No. 1 annexed hereto. 8.2 Furthermore, the Planning and Development Department would have no objection to the approval of the attached zoning by- law amendment, to implement the red-lined plan. The amending zoning by-law would provide for the appropriate zone categories to implement the above-noted plan of subdivision (18T-92 010). Staff note that the removal of the "Holding (H)" symbol will require Council approval at such time as the Subdivision Agreement is registered. A rezoning application to remove the holding symbol will be required at a later date. j26 REPORT NO.: PD-91-93 PAGE 8 Respectfully submitted, Recommended for presentation to the Committee cJ t (W-1l.~~Q~ Franklin Wu, M.C.I.P. Director of Planning and Development Lawrence E. Ko Chief Administ Officer WM*FW*df 28 May 1993 Attachment #1 Attachment #2 Attachment #3 Attachment #4 Conditions of Draft Approval Red-line Revised Plan Density Transition Schedule Key Map Interested parties to be notified of Council and Committee's decision: Kinsberry Properties 319 College Avenue P.O. Box 11 Oshawa, ontario. L1H 7K8 :J 27 DN: KINGS.DFf CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION PLAN IDENTIFICATION 1. That this approval applies to draft Plan of Subdivision 18T-92010 prepared by J.D. Barnes dated March 9, 1993 (and further revised in red as per the attached plan) showing Lots 1 and 5 inclusive for semi-detached or linked dwellings, Blocks 6 to 12 for townhouse dwellings and various blocks for future development reserve, road widening, site triangle etc. FINAL PLAN REQUIREMENTS 2. That all streets within the Plan of Subdivision shall be dedicated as public highway and shown as such on the final plan. 3. That all streets shall be named to the satisfaction of the Town of Newcastle and shown on the final plan. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 4. That the Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Public Works and the Director of Planning and Development for review and approval. The Landscaping Plan shall reflect the design criteria of the Town as amended from time to time. 5. That the Owner shall retain a qualified Engineer to prepare and submit a Hydrogeologist Report to the Director of Planning and Development to demonstrate that the proposed development will not adversely impact the existing wells in the surrounding areas. 6. That the Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Public Works for review and approval. All plans and drawings must conform to the Town's Design Criteria as amended from time to time. y ~) 2 8 2. CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVSION AGREEMENT (CONT'D) 7. That the Owner shall retain a qualified consultant to prepare and submit a Tree Preservation plan to the Director of Planning and Development for review and approval. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 8. That the Owner shall enter into a Subdivision Agreement with the Town and agree to abide by all terms and conditions of the Town's subdivision agreement, including, but not limited to, the requirements that follow. 9. That all easements, road widening, and reserves as required by the Town shall be granted to the Town free and clear of all encumbrances. 10. That the Owner shall pay to the Town at the time of execution of the subdivision agreement, five percent (5%) cash-in-lieu of parkland dedication for residential development. 11. That the Owner shall pay to the Town, the development charge in accordance to the Development Charge By-law as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charge Act if any are required to be paid by the owner. 12. That the Owner shall provide and install sidewalks, street lights, temporary fuming circles etc. as per the Town's standards and criteria. 13. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. I.) ') 0 , 1- I 3. CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVSION AGREEMENT (CONT'D) 14. That the Owner shall provide the Town, at the time of execution of the subdivision agreement unconditional and irrevocable, Letters of Credit acceptable to the Town's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Town. 15. That the Owner shall adhere to architectural control requirements of the Town. 16. That prior to the issuance of building permits, the Owner shall, through its acoustic engineer, to provide a certification to the Director of Planning, certifying that the Builder's plans are in accordance with the Noise Control Report as approved by the Ministry of the Environment and the Town of Newcastle. 17. That prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 18. The Owner agrees that where the well or private water supply of any person is interfered with as a result of construction or the development of the subdivision, the Owner shall at his expense, either connect the affected party to municipal water supply system or provide a new well or private water system so that water supplied to the affected party shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. :)30 4. CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVSION AGREEMENT (CONT'D) 19. The Owner agrees to provide a 5.182 metre road widening along Trolls Road. 20. The Owner agrees to provide 10 metre X 10 metre sight triangles at Strathallan Drive and Trolls Road. 21. The Owner agrees to assume all costs for the provision and installation of Community Mailboxes to service this development in a manner satisfactory to the Director of Public Works. 22. The Owner agrees to make application for property access in conjunction with this subdivision. 23. The Owner agrees to meet all other requirements of the Public Works Department, financially or otherwise. 24. The Owner agrees to meet all the requirements of Bell Canada, financially or otherwise. 25. The Owner agrees to meet all the requirements of the Central Lake Ontario Conservation Authority, financial or otherwise. 26. The Owner agrees to meet all the requirements of the Ministry of Natural Resources, financial or otherwise. 27. The Owner agrees to meet all the requirements of Ontario Hydro, financial or otherwise. :J 3 1 IIf_'20/0 j ~ I jr-- THE l -------------- ------ :'~1~/'. ~ . :_..~ -,,~ .- ~ --r.--1r;-- I~ . I ~ ~ ~ ~ ~ -:f ~ ~ ~ 0: <... \ .' , ~. ... RC(;lsrCRCO Ft.AN 101./0 8;0 ~32 ATTACHMENT #2 ~II.,' ~~~ ~~~~: I ',~::..~.i I ' I ""i 1i;1 I 'I .~..~.." 1IIII KEY PLAN ~. PROPOSED DRAFT PLAN OF SUBDIVISION OF PART OF LOT 31 CONCESSION 2 TOWN a: NEWCASTLE (forlnt/ly TOWNSHIP OF DARLINGTON) REGIONAL MUNICIPAliTY OF DJRHAM :CIA~E nl JO:X) L-_h JO BAIlNES llUlfEO - 1992 -_.~ RELEVANT INFORMATION $(l.IIO(T.IO€O FiESCOfll.&lCU">CtQ.lESI@ lOfSI1"OS SfllEETT~Sts kOCd (; fOIl .0'26 M Iltsal(lLl.t. R(SEA'o1: 11..01;'(1) STll(ET WOC/ollNG llLOC.<$14AJ./DIS . 0 104 ~O TOfAl UtA. r3J7 "<l AOOITIONAL INFORMATION AS lltO<.rI~tO lJI./O(l1 SEcrl~ salll (y Tl<t PL4""I~G ACf,IU) I.ISEEI\.A" l~1 sn "'-I/o! ~ >cEY PlA'l I~I SlE "'-AN A.'<O >cty Pl.4k W SU lAI.OUSE SCHOUlE CalSH PLA/ol ill $(( I>I.A/ol III.$[E PLAN (~I P'Il'{O .....l'Vll'O 6E'l'lSUllUl HI.$.IJ.oOfoCl..lY IJI.$[(I\.Ol IU SA'lITA'tr "-\00 STOOIiI SE\f'E~S tOo BE: l"SUlUI> (lISlE I>I..I./ol eM'''E 5 CERTlFICAT( $UNEYOO S CERTlFICU( ~(. f>( .(~"'!'fO 0-<' 01 '><( M.((I('-:'-IO(I""''''''''1f ~lr~:: ;;(~.~ '::'1 '~l.lt. CI"," ,-.. '''I ~~':t~1 ,e:o ~,;'.'(~&',~~,.. """" "',&cI..,hr;>S UI .(t...."I<..oo)t(lO.H.\.~ (o<...os..... l(INGS9r~.-MO')RT1ES "'O'ol:b~';'':_:__L-_____. .~,,_A3d_~1'~.. _.!.~.L.l'_..~'J!_____ 00&1( _!.~I.__l.!_..~lU____ __~e,,"~-=:_,;F~';f-~;;::~~~ ~Q ~NES ~~.. "e .~:.~ &*<) t;'~":~OOO HIGHWAY No.2 - STIRLING AVENUE J 'TR[HALLAN DRIVE 1 ~ STEPHEN AVENUE I -ATTACHMENT -#3 :.:.;.:.;..:.:........ :~:~:~:~:~ ~~;;~;;~~~~~~~ ::: o <( o a:: .:.;.:.:.:.:.:.:.:.:.:.:.:.:.:.:.;.. :::::::::::::::::::::::;:::::;:::::: (f) ..J ..J ::> a:: I- _ COMMUNITY CENTRAL AREA POTENTIAL HIGH/MEDIUM DENSITY SITES t~~~~~~~~~~~~~~~~jj~jj~~~~~~~i M E DIU M DEN SIT Y - :::::::::::::::::::::::::::: 38 UNITS PER NET RESIDENTIAL HECTARE C:::::::::::::::::::l' MEDIUM DENSITY- ----~---.--------~---~-~J;:;Jill&;;.30~+TS_i2ERNe:-+.RES1DEN.:r!AL._.HECTM.E---~-~--.--.~~----~~-.- )33 ..... "f ............ 0 ...... ~,- ~ i::~1 w ~ 0: Q ATTACHMENT -#4 W"~ SUBJECT SITE LOT 32 LOT 3/ LOT 30 R4 C\J 12 o (f) (f) w (H)R ~ o u . I KEY MAP o 100 200 300 m u.;,;. -A 50m Dev_ 92-027, 18T-920 10,OPA_ 92- OOBIN ~e"'_~_~e~__e~ee""_____~~~~~_'_~~__e"~e"_~_~_____"""_~'"__"'_,,_,_,___"'_,,~__""__,_,,_""'_,__'_"_e'_____~ee~_~______~____e"__"e~__"e_e"____'___ee"__'_"__ee_"e___ee~__~__'__e'_"~~'e____e ~) 3 4 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 93- being a By-law to amend By-law 84-63, the Comprehensive Zoning By- law for the Town of Newcastle WHEREAS the Council 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; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Schedule "A" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Holding-Urban Residential Type One ((H) R1)" to "HOlding-Urban Residential Type Three ((H) R3) ". .,+_.:.,~ 2. 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 BY-LAW read a second time this day of BY-LAW read a third time and finally passed this 1993. 1993. 1993. day of MAYOR CLERK )35 h'-.;. '>-'---"~."'~_""''''''_'' ",.-~- ,...~".~~ This is Schedule "A", to passed this~day' of '- ., By-law 93-_, , 1993 A.D. _ ZONING TO REMAIN (H)RI m ZONING CHANGE FROM ~ "(H)R1 TO "(H)R3" riini';:::~:~ 70NING CHANGE FROM ...................,..... il'R 1: It TO "( H) R '2 " ....:......~........ v o . 10 10 10 ~ ~ ~ ~ LOT 32 LOT 31 LOT 30 Mayor Clerk C\l 12 I~ (H)R ~ o u ~ . I lL~Q.JQ(L..2QQ...JOOJlL__._....~...._. --COURTICI:-~-----~----_.~_._----------_.__._.",,_- I . ~ . 60m ~) 3 6 "