HomeMy WebLinkAboutPD-131-89DN: C. SMIT
TOWN OF NEWCASTLE
REPORT File #
Res. #
By-Law #
MEETING: General Purpose and Administration Committee
DATE: Monday, June 5, 1989
REPORT #: PD-131-89 FILE #: DEV 89-30
SUBJECT: REZONING APPLICATION - CHRIS SMITH AND ASSOCIATES
PART LOT 13 & 14, CONCESSION 2, BOWMANVILLE
FILE: DEV 89-30
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-131-89 be received;
2. THAT Application to amend the Town of Newcastle Comprehensive zoning By-law
84-63, as amended, submitted by Chris Smith and Associates on behalf of the
Bowmanville Valley Co-operative Homes Inc., be referred back to Staff for
further processing and the preparation of a subsequent report upon receipt
of all outstanding comments; and
3. THAT a copy of Council's decision be forwarded to the interested parties
attached hereto.
1. BACKGROUND
1.1 In March of 1989, the Town of Newcastle Planning and Development
Department Staff received an application to amend the Town of Newcastle
Zoning By-law 84-63, as amended. The application was submitted by Chris
Smith & Associates on behalf of Bowmanville Valley Co-operative Homes
Inc. The proposed application would change the zone category of 2.26 ha
REPORT 0O.: pD-131-89 PAGE 2
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(5.58 acres) parcel of land in Part Lot 13 6 14, Concession 2,
BovonaovilIe, from "Urban Residential Type One - Holding ((B) Bl)n and
"Environmental Protection (EP)" to an appropriate zone to permit the
development of 48 row townhouses and two (2), twelve (13) unit, three
(3) storey apartment buildings, for a total of seventy-two (72) units.
1.2 Staff note that as of May 23/ 1989, the proposal has been revised to
include two (2) apartment buildings, one 12 unit and one IO unit,
the number of townhouse units has been reduced to 42. This maintains
the total number of units at 72.
1.3 The site is located south of Jackman Road, east and north of the
BovmnaovilIe Creek and west of 8ougog Street. Surrounding land uses
include existing residential to the east, existing and proposed
residential to the north, Bovmuuoville Creek Valley lands and estate
residential to the west and proposed residential to the south.
1.4 On April 20, 1989, Staff were notified of an application for Land
Severance (LD324/89) related to the subject rezoning and site plan
application. This consent application involves additional lands of 0.61
ha (1.5 acres) to be added to the southern limits of the subject lands as
originally submitted. The application was considered by the Land
Division Committee on Monday May 15, 1989 and was approved conditional
upon the applicant satisfying various agencies' requirements.
2 PUBLIC NOTICE AND SUBMISSIONS:
2.1 Pursuant to Council's resolution of July 26, 1982 and the requirements
of the Planning &nt' the appropriate aigoage acknowledging the
application was installed on the subject lands. In addition, the
appropriate notice was mailed to each landowner within the prescribed
distance.
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2.2 Staff have received many counter enquiries regarding the application.
The concern's expressed were with regards to the present state of
Jackman Road including the one lane bridge and the impact increased
traffic will have; other concerns were with regard to density and
impact on creek lands. As of the writing of this report however, only
one letter has been received related to this application. The
correspondence outlined present and future safety hazards in the area
should the application be approved. The residents believed that prior
to any development taking place the following upgrades should take
place: construction of curbed sidewalks on Jackman Road; installation
of more street lights; improved traffic signalization at Scugog Street
and Jackman Road, and Barbara Street and Jackman Road intersections; the
installation of safety signs re: bridge, grade, etc and the
reconstruction of the Jackman bridge.
3 OFFICIAL PLAN CONFORMITY
3.1 Within the Durham Region official Plan the subject property is
designated "Residential" with "Environmental Sensitive Areas" within the
Bowmanville Major Urban Area. The predominant use of lands within the
"Residential" designation shall be for housing purposes. The
"Environmental Sensitive" designation would appear to identify the
valley lands to the west of the subject site. The limits of this
designation will be further defined with the assistance of the Central
Lake Ontario Conservation Authority.
3.2 Within the Town of Newcastle official Plan, the subject lands are
designated predominantly 'low density residential', with some of the
lands possibly encroaching on the "Hazard Land Designation". The limit
of developable land will be further determined in conjunction with Staff
at the Central Lake Ontario Conservation Authority. The density of the
application as submitted equals 32.2 dwelling units per net hectare.
This would exceed the 30 units/net hectare for low density residential
as specified in the Town's Official Plan. Staff note however, when the
Land Division application is cleared of all conditions of approval this
REPORT 00~: PD-131-89
will add 0.61 (1.5 acres) to the total holdings. This in turn will
reduce the density oƒ the site to25.35 units/net ha which complies with
the Official Plan provisions. However, should any of the lands be
determined to fall within the Hazard Land designation, these will be
excluded from the total for density calculations.
4. COMMENTING AGENCIES
4.1 In accordance with departmental procedures, the application was
circulated as submitted to obtain comments from other departments and
agencies. To date comments have been received from all but three (3) of
the circulated agencies. Those still outstanding are Durham Region
Public Works Department, the Ministry of Natural Resources and the
Central Lake Ontario Conservation Authority. Staff note that both
Ministry of Natural Resources and Central Lake Ontario Conservation
Authority have verbally indicated they will not be commenting until
further information is provided on site drainage.
4.2 Newcastle Hydro, the Northumberland-Newcastle 9obIio School Board and
the Peterborough-Victoria-Northumberland-Newcastle Separate School Board
have indicated no objection to the application. The Town's Fire
Department noted a concern with the application, ao the 72 units
proposed represent an approximate population increase of 216 persons.
It was further recommended that no building permits be issued until all
access routes are in compliance with the Ontario Building Code and
adequate water for fire fighting is available.
4.3 The Community Services Department Staff noted no objection to the
application subject to a 50 cash-in-lieu of parkland dedication, and the
construction of a paved pedestrian waIhmvav to the satisfaction of the
Director of Community Services to the valley floor through the grade in
the south west corner of the site. The Public Works Department Staff's
review of the proposal indicated no objection io principle, however,
zeoVonneuded the application not to proceed further until a Couceptial
Site Servicing Report is submitted by the applicant. and approved. The
Report should include among other things proposals for the minor and
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REPORT NO.: PD-131-89 PAGE 5
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major storm outfalls; Site distance on Jackman Road at the proposed
entrance; and proposed traffic volumes (vehicular and pedestrial) for
Jackman Road.
Should the Report be satisfactory, prior to approval the applicant will
be required to undertake a number of conditions. These include: bearing
100% cost of any works on Jackman Road which are necessitated as a result
of this development (i.e.: intersection, turning lanes, utility
relocation, etc); the owner contributes to the cost of reconstructing
Jackman Road in accordance with Town Policy; the owner provide street
lighting on Jackman Road and the entrance to the proposal; that the
applicant provide a walkway to link with the proposed walkway for Edsall
and Rehder Ave. extension (Plan of Subdivision 18T-87005); that
performance guarantees be taken in accordance with the standard Site Plan
Agreement; and that all the other standard Public Works requirements be
undertaken.
4.4 Regional Planning Staff's comments noted that the subject property is
designated partially "Residential" and partially "Major Open Space", with
an indication of Hazard Lands, in the Durham Regional Official Plan. The
Major Open Space area and the Hazard Lands are associated with the
Bowmanville Creek Valley. The proposal may be permitted in the area
determined to be Residential, the limits of such area will be defined in
the zoning by-law.
The portion of the subject property determined to be in the urban area is
designated "Low Density Residential" in the Town of Newcastle official
Plan. The proposal has a density of 32.2 dwellin units per hectre. With
reference to the residential density ranges in Section 7.2.1.2 iv) of the
Town Plan, the proposal appears to represent a medium density
development. It should be noted, however, that a portion of the subject
property may be designated Major Open Space and/or Hazard Lands and
outside the urban area. Such area(s) should be excluded when calculating
dwelling units per hectare.
J
ME
5.1 The site is a triangular parcel of land located on the south aide of
Jarkusno Road, bounded by the BovmneoviIle Creek to the west and a cmsaII
tributary to the east. A review of the Conservation Authority's Flood
Plain Mapping for the area would appear to indicate the subject site
as submitted is above the 'Fill and Construction Limits'. The
proposed area to be annexed (0.61 ha) would also appear to be above
the defined `Fill and Construction Limits'.
5.2 Staff notes servicing and drainage comments have not been received as
of yet, these comments will be intrinsic to the review of the proposed
development. The resident's c000ezuo received to date' are for the
most part issues which the Town's Public Works Department has also
noted. 8booId all conditions of Land Division be satisfied and the
severance cleared the applicants will have sufficient Imod to be
considered a low density development within the context of the
official Plan.
6~I As the purpose of this report is to address the requirement of a Public
Meeting under the Planning Act and io consideration ofthe comments and
issues outstanding, it to recommend the application be referred back to
Staff for further processing.
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Respectfully submitted,
Franklin Wu, M.C.I.P.
Director of Planning 6 Development
CP*FW*oo
*Attach.
May 25, 1989
Interested parties to be notified of Committee and Council's decision:
Chris Smith and Associates
146 8imooe Street North
2nd. Floor
OS8AW\" ONTARIO
LQG 4S7
671461 Ontario [td.
162 Wellington Street
BCWM&0VILLE, Ontario
LlC IW3
BnvmnaoviILe Valley Do-op 8ouxeo Inc.
I88 Main Street
T0D00T0, Ontario
M4E 2W1
Mr. 6 Mrs. Salomon
48 Jackman Road
BONMAWVILLE, Ontario
ClC 2C9
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Dev. 89-30