HomeMy WebLinkAboutPD-104-87~~ -~;, ~~
TOWN OF NEWCASTLE
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REPORT File #~d
Res. # °~,
By-Law # `~'
I(~: General Purpose and Administration Committee
DATE: Monday, April 6, 1987
T #: PD-104-87 FILE #: DEV 87-6
CT: REZONING APPLICATION - LEPPERT, BEECROFT, McARTHUR AND LOVEKIN
PART LOT 28, CONCESSION 2, FORMER VILLAGE OF NEWCASTLE
OUR FILE: DEV 87-6 CLERK'S FILE: 60.35.343
RECOt~ENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-104-87 be received; and
2. THAT the application fi 1 ed by Leppert et al be approved as app lied for and the
attached by-law be forwarded to Council for approval.
BACKGROUND AND COMMENT:
On February 3, 1987 the Planning Department received an application filed jointly be
Messrs. Leppert, Beecroft, McArthur and Lovekin. The application was to rezone a parcel
of land to permit the development of two (2) semi-detached (linked) dwellings for a total
of four (4) units.
The subject lands are designated as "Residential" by the Town of Newcastle Official Plan.
There is also an indication of "Hazard Lands", the impact of which shall be addressed
later in this Report.
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REPURT NU.: PD-104-87 Page 2
The applicants currently own a very large parcel of land which is within
three zones: "Urban Residential Type Une Exception (R1-1)", "General
Commercial (C1)" and "Environmental Protection (EP)".
The applicants are making application to the Land Division Committee to
sever the "Residential" and "Environmental Protection" lands from the
"Commercial" lands (LD 182/87). For the Committee's information there are
also applications to sever the lots into individual parcels. The rezoning
application deals only with the "R1-1" and "EP" zoned lands which abut
Wilmot Street. The current zoning permits only single detached dwellings.
There is no change planned for the "Commercial" portions of the site.
Staff would note for the Committee's information that 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. Staff would note that no objections to the proposal were
received at the writing of this Report with respect to the amendment
requested.
In accordance with departmental procedures, the application was circulated
to obtain comments from other departments and agenci es as noted wi thi n Staff
Report PD-56-87. Staff would note the following departments/agencies, in
providing comments, offered no objections to the application as filed:
- Newcastle Public Works Department
- Newcastle Fire Department
- Newcastle Building Department
- Newcastle Hydro Electric Commission
- Regional Health Unit
At the time of the writing of this report, no written comment had been
received from either the Regional Planning or Works Departments. After
discussions with the Planning Department it appears that their concerns
regarding density and the "Hazard Lands" have been addressed (see below).
The requirements for levies, which are a standard condition of the Works
Department shall be addressed through the Land Division process.
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REPORT NU.: PD-104-87 Page 3
Newcastle Public Works Department
"We have reviewed the above mentioned rezoning application and find we have
no objection to this proposal subject to the following comments:
1. that the applicant contribute to the future reconstruction of Wilmot
Street to the satisfaction of this Department.
2. that the applicant upgrade the existing incandescent street lights (2)
to high pressure sodium.
3. that the applicant submit a lot grading for this site prepared by an
Engineer for our approva1."
For the Committee's information, these conditions have been attached to the
appropriate Land Division application. The severances cannot be finalized
until this rezoning and all conditions have been fulfilled. As a part of
the lot grading, the applicant will be required to est ablish the size of the
culvert needed in order to provide capacity to convey the storm water flow.
Newcastle Community Services Department
"In reference to the above application the department has the following
comment and recommendations:
a) The Department of Community Services has no objection to the above
application; and
b) The department also recommends that 5% cash in lieu of parkland
dedication be requested."
This condition has also been attached to the appropriate Land Division
application.
Ganaraska Conservation Authority
"There is a small area of Regional Storm flood plain fronting the proposed
link housing development on the south side of Wilmot Street (see attached
mapping). While this flood plain is a result of backwater from Foster Creek
to the west, and as such will not be particularly sensitive to modification
(necessary for the four driveway crossings proposed), the intermittent
watercourse draining the area east of Mill Street, also fronts the proposed
development, and appropriate allovrance for conveyance of normal storm water
under the driveways will be necessary.
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REPORT NU.: PD-104-87
Page 4
Ganaraska Conservation Authority (Cont'd)
We are of the opinion that grade modifications within and adjacent to the
flood plain necessary to accommodate the use proposed, can be undertaken
without adverse effects on the control of flooding. The details of such
modification could be worked out between the developer and the Authority,
through the Authority's administration of Fill, Contruction and Alteration
to Waterways Regulation 576/84.
The details required by the Authority for review of the work proposed
through Ontario Regulation 576/84 have been discussed on a preliminary basis
with Mr. Lovekin.
Therefore, with respect to the jurisdiction and mandate of the Ganaraska
Region Conservation Authority, there are no objections to the proposed
rezoning of the lands as set forth in application DEV 87-6."
Un March 19, 1987 the Planning Department received a copy of the Fill and
Construction Permit which was issued to the applicants authorizing all of
the required works. With respect to the area zoned as "EP", the area is a
backwater area from Foster Creek. The Authority's recommendation was:
"permit the work as applied for, as in the opinion of the
Authority, there is no significant impact on the control of
flooding or erosion resulting from the work proposed."
The Official Plan states that Hazard Lands shall be primarily for the
preservation and conservation of the natural environment. Development
proposals for such areas shall be considered in consultation with the
Conservation Authority and the Ministry of Natural Resources, and shall
address the following:
- existing environmental and/or physical characateristics
- potential impact of the development upon the site and its
encompassing environmental system
- recommended methods of mitigating impact
- costs to the municipality that may result from the
implementation of the development.
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REPORT NU.: PD-104-87 Page 5
keview of the situation has revealed that this is a minor, intermittent,
watercourse. The development of the lands is to take place to the south of
tt~e .hazard and the use of culverts will not result in any additional
flooding problems. The "EP" zone extends only approximately 35 feet south
of Wilmot Street while the homes are to be at least 50 feet from the street.
The "EP" designation is to be maintained in accordance with the elevations
provided by the Conservation Authority.
The proposed development would create 4 small single family lots in an area
dominated by large single family lots. However, an objective of the
Official Plan is to make possible the development of a range of housing
types, sizes prices and tenure arrangements in order to provide
accommodations of differing socio-economic characteristics.
The Newcastle Official Plan states that the density of residential
development shall be generally restricted to low and medium density, with an
overall average density not to exceed 14 units per net residential hectare.
The construction of 4 homes on the subject property would result in a
density of 20.9 units per hectare on the property itself. The density was
reviewed in terms of the density of the general area bounded by Mill Street
on the east, the Regional Storm Floodplain on the west and the C.P.R. tracks
on the north. The density in this area is approximately 7.25 units per
hectare. This figure includes the proposed development, the development of
a vacant parcel on the east side of Regional Road 17 south of the tracks,
and proposed Plan of Subdivision 18T-84011. The proposed rezoning would
therefore conform to the density maximum in the Official Plan.
Such a density i s also i n accordance with the intent of the policies of the
Main Central Area. It is the intent to provide rnedium density residential
uses adjacent to the main concentration of retail use. This property backs
onto the central core of the village; therefore, Staff is of the opinon that
this proposal conforms to the Official Plan.
The Official Plan states that medium density development shall be subject to
site plan control. It is noted that the lands will eventually be in 4
separate ownerships; therefore, a Development Agreement is not practical.
However, By-law 86-145 empowers the Director of Planning to approve the
conceptual design of new residential units in Newcastle Village. It will be
necessary for the applicant to revise one of the building elevations in
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REPURT NO.: PD-104-87
Page 6
light of this By-law (the proposal is for four (4) dwellings of the same
design). This can be done prior to the building permit being issued and
does not affect the rezoning application.
After review of the application, Staff have no objection to the proposed
* By-law amendment and recommend that the attached by-law be forwarded to
Council for approval.
Respectfully submitted, Recommended for presentation
to the Committee
;~
war s, .P. awrence otse
Director of Planning Chief Ad ~~i trative Officer
TFC*TTE*jip
*Attach.
March 25, 1987
CC: Messrs. Leppert, Beecroft,
McArthur and Lovekin
P.O. Box 615
NEWCASTLE, Ontario
LUA 1H0
• ~~ •
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 87-
being a By-law to amend By-law 84-63, the Comprehensive Zoning
By-law of the Corporation of 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 "5" to By-law 84-63, as amended, is hereby further
~
amended by changing the zone designation from "Urban Residential Type '
One Exception (R1-1)" to "Urban Residential Type One (R1)" as shown
on the attached Schedule "X" hereto.
2. This By-law shall come into effect on the date of passing •
hereof, subject to the provisions of Section 34 of the Planning Act. ,
BY-LAW read a first time this day of 1987
by-LAW read a second time this day of 1987 ~ ..
BY-LAW read a third time and finally passed this day of
1987.
1
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This is Schedule "X" to By-law 8 7- •
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