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Home My WebLink AboutPD-137-90 °", ""'y TOWN OF NEWCASTLE € \y DN: VANHAV.GPA REPORT F i 1 e # r Res. # By-Law # MEETING. General Purpose and Administration Committee DATE: Monday, April 23, 1990 REPORT #: PD- 137-90 FILE #: DEV 89-85 SJUCT: REZONING FOR A PROPOSED THREE (3) UNIT TOWNHOUSE DEVELOPMENT 36 CHURCH STREET, VILLAGE OF NEWCASTLE APPLICANT: EDMOND VANHAVERBEKE FILE: DEV 89-085 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 137-90 be received; 2 . THAT Rezoning application DEV 89-085 submitted by Edmond Vanhaverbeke to permit the development of three ( 3) street townhouses be APPROVED; 3 . THAT the amending by-law attached hereto be forwarded to Council for approval; 4 . THAT a copy of this report and the amending by-law be forwarded to the Region of Durham Planning Department; 5 . THAT the amending by-law be circulated in accordance with the regulations made under the Planning Act; 6 . THAT the interested parties listed in this report and any delegation be advised of .Council's decision. 1. APPLICATION DETAILS 1. 1 Applicant: Edmond Vanhaverbeke 1.2 Rezoning: From "Urban Residential Type Two (R2) " to "Holding - Urban Residential Type Three ( (H)R3) to permit the development of three ( 3) street Townhouses . .2 REPORT NO. : PD- 137-90 PAGE 2 1. 3 Area: 631. 6 m2 ( 6798 . 7 sq. ft. ) 2 . BACKGROUND 2 . 1 On July 3, 1989 , Mr. Edmond Vanhaverbeke submitted a rezoning application to permit four (4) Street Townhouses to the Town of Newcastle Planning Department 2 .2 A public meeting was held on November 20, 1989 to discuss this application after which a revision was made to reduce the number of street townhouses to three (3) . On January 22, 1990, a second public meeting was held to deal with this revision. 3. LOCATION 3. 1 The subject site is located in Part Lot 28, Concession 1, former Township of Clarke, Part Lot 3, Block 1 of the Hanning Plan, 36 Church Street in the Village of Newcastle. 4 . EXISTING AND SURROUNDING USES 4 . 1 Existing Uses: Vacant - the house that was previously located on the lot was destroyed by fire in 1989 . 4 .2 Surrounding Uses: East: vacant lot and residential West: residential South: residential North: 290 m2 Commercial and four (4) apartment units (DEV 87-72) . 5 . OFFICIAL PLAN POLICIES 5. 1 The subject site appears to be located in the area designated as "Main Central Area" within the Durham Region Official Plan. This designation encourages the development of shopping, office, . . . 3 '� 9 REPORT NO. : PD-137-90 PAGE 3 community, personal and business services as well as residential uses. 5 .2 The property in question is located within the Medium Density Residential Predominant Use Area in the "Main Central Area" as contained in the Town of Newcastle Official Plan, Newcastle Village. Section 8 .2 .5 .2 i) e) iv) of the Town of Newcastle Official Plan states that: "The Medium Density Residential Designation provides for higher density development within the Main Central Area adjacent to the main concentration of retail and personal service use. " In this respect, it appears that the proposed development complies to the Town of Newcastle Official Plan. 6 . ZONING BY-LAW COMPLIANCE 6 . 1 It appears, from the site plan submitted, that this development complies with all the regulations for street townhouse dwellings as noted in Section 14 . 3 (Urban Residential Type Three (R3) zone) . 7 . PUBLIC NOTICE AND SUBMISSIONS 7 . 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. 7 .2 A first public meeting was held on November 20, 1989 to discuss the original application proposing Four (4) street townhouses. At this meeting one person spoke in opposition to this application and presented a petition with approximately 45 signatures opposing this development. During the meeting, it was noted that residents' concerns included: an increase in traffic congestion, parking availability, noise pollution, fear of rental units being unkept REPORT NO. : PD-137-90 PAGE 4 and rundown, small lot sizes and the possibility that surrounding properties might be devalued. Mr. Vanhaverbeke spoke in support of his application stating that, this development would act as a buffer between commercial and residential development and would not be offered as low cost rental accommodation. 7 . 3 Following the public meeting, the applicant amended the application from four (4) street townhouses to three (3) street townhouses . As a result of this decision, a second public meeting was held on January 22, 1990. At this meeting, four people spoke in opposition to this proposal. Their concerns were similar to the ones noted during the first public meeting. 7 .4 Following the second public meeting, four (4) letters have been received noting objection to this development. Most of the concerns presented in these letters are similar to those noted in Section 7 .2 of this report. Additional concerns include: overcrowding of the schools; compatibility with the surrounding area; is this project providing affordable housing?; and lastly, will the approval of this proposal set a precedent for further development of this housing type in the Village of Newcastle? Additionally, 62 signed form letters of objection were submitted. These letters reiterated the concerns mentioned at this public meeting. 8. AGENCY C014MNTS 8. 1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies . The following department/agencies in providing comments, offered no objection to the application as filed: - Town of Newcastle Fire Department REPORT NO. : PD-137-90 PAGE 5 - Newcastle Hydro Electric Commission - Durham Regional Health Department - Northumberland Newcastle Public School Board 8 .2 The remaining commenting agencies have no objection to this application provided that their particular concerns have been adequately dealt with. (i) Staff notes that the Town of Newcastle Community Services Department requested that the park dedication be accepted as cash-in-lieu on the basis of one ( 1) hectare per 300 dwelling units . (ii) The Town of Newcastle Public Works Department requested that the applicant bear the costs ( 100%) of any works on Church Street which are necessitated as a result of this development and that monetary contributions are made to the reconstruction/upgrading of Church Street (320 . 00 m x 31.4 m _ $10,048 .00) . In addition, it was requested that a satisfactory lot grading plan be submitted and that performance guarantee estimates for the following be required: storm sewer extension to existing systems; storm sewer connections; and restoration costs on Town property. The Public Works Department also asked that any easements required by the Town be granted free and clear of any encumbrances and that an application for property access be made. (iii)Durham Regional Planning Department noted that the proposal may be permitted provided that the overall residential density is considered. The Region did note that the existing Regional water supply services are insufficient to accommodate the proposed development. Therefore the applicant is responsible for the cost of the watermain extension to service this property. In addition, the applicant will be required to enter into a servicing agreement with the Region. . . .6 J f J REPORT NO. : PD-137-90 PAGE 6 9 . STAFF COMMENTS 9 . 1 In response to citizen concerns stated at the first public meeting, the applicant revised this proposal. By reducing the number of units from four to three, the density was decreased, and the size of the units three lots were increased. 9 . 2 It is Staff's opinion that this development is compatible with the surrounding land uses and will help to introduce a variety of housing types within the Village of Newcastle. 9 . 3 Staff would reiterate that this applications complies with the Town of Newcastle Official Plan in that it is a higher density development, located in the "Main Central Area" and is beside an existing commercial establishment. 9 .4 In examining the number of residential units located within the "Main Central Area" and comparing same to the designated population as depicted on Schedule 8-1 of the Town of Newcastle Official Plan, it appears that the "Main Central Area" could support an additional 26 units. Staff would note that provided there is sufficient servicing capacity available for the site and development of three units, Staff would have no objection to the approval of this application based on the provisions of the Official Plan which provides for higher density development in the Main Central Area (Section 8 .2 .5 .2 i) e) iv) ) . 9 .5 Staff would note that should Council deem it appropriate to approves the application, the attached by-law amendment would place a "Holding - Urban Residential Type Three" zone on the subject lands . When the applicant has satisfied the Town and the Region financially and otherwise, Staff will forward a further report and by-law for removal of the "Holding" symbol . REPORT NO. : PD- 137-90 PAGE 7 10. CONCLUSION 10. 1 In consideration of the above comments, Staff respectfully recommend that this rezoning application be APPROVED. Respectfully submitted, Recommended for presentation to the Committee 4 uut Franklin Wu, M.C. I.P. Lawrence E. Kotseff DIrector of Planning Chief Administrative and Development Officer HM*FW*cc *Attach 12 April 1990 Interested parties to be notified of Council and Committee's decision: Edmond Vanhaverbeke 214 King Street East Bowmanville, Ontario LlC 1P3 Patricia Norton Box 533 NEWCASTLE, Ontario LOA 1HO Barry Jones, Box 31, NEWCASTLE, Ontario LOA 1HO Ed and Lillian Glenny Box 607 NEWCASTLE, Ontario LOA 1HO Karen Patrick 89 Church Street NEWCASTLE, Ontario LOA 1HO Teresa Cook 95 Emily Street West NEWCASTLE, Ontario LOA 1HO SUBJECT SITE LOT 29 LOT 28 LOT 27 R1-22 (H) W I R2-5 RI R I R1-i Ml-1 N c, RI-1 0 E EP R1 RI-1 W CT V RI-1 RI Z (MR2 �� IL � 0 1-1 _ v Rt 3 Rt Cl C1 Cl HFGHY(XY -Ht 2 HIGHWAY- 2 C1 ct Ri I Z RZ , Z aST O fn R2. cn (n W EP �l I Z _ O T. V R 1 R1-3 (H)RI s Hl- I . R 1 o so foo zoo 300m KEY MAP � � Liev. 89iimiO85 598 DN: VANHAV.BL THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 90- being a By-law to amend By-law 84.83, the Comprehensive Zoning By-law for 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 84-83, as amended, of the Corporation of the Town of Newcastle, to implement the development of three (3) street townhouses (DEV 89.085); NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: L Schedule "5" to By-law 84-83 as amended, is hereby further amended by changing the zone designation from "Urban Residential Type Two (R2)" to "Holding - Urban Residential Type Three ((H)R3)" as shown on the attached Schedule"A" hereto 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 1990. BY-LAW read a second time this day of 1990. BY-LAW read a third time and finally passed this day of 1990. MAYOR CLERK This is Schedule "A" to By-law 90 --, passed this day of , 1990 A.D. KING STREET X M O M 20.117 1•- W W Cr LOT N 28 CONCESSION M M 1 M ' M Cr U 20-117 N 0� EMILY STREET ® ZONING CHANGE FROM 'R?-' TO ) (H)R3' 0 5 10 20m Mayor 10 8 6 4 2 0 Clerk LOT 29 LOT 28 LOT 27 (H) R1-22 " I, R ) R11 M1i N Rl•I Z E EP 0 R1 ^ N RI•I W U (wR2 q R1•I RI Z `., RI-I Cl � RI-3 - Cl � R1 C1 ¢ UHIGHWAY t " w x Cl a LIRL,J t Z 2 •2 R2 1.MIL S•1 i ¢ Z m O R2 N �: II EP =I , I I Z T (. OU NEWCASTLE VILLAGE . 0 50 100 200 300 m 50m 0 599 01