HomeMy WebLinkAboutPD-208-89DN: VANDEW
REPORT File #60-35-. 26
Res. #
By-Law #
MEETING: General Purpose and Administration Committee
DATE: Tuesday, September 5, 1989
REPORT #: PD-208-89 FILf #: _DEV 88-28
SUBJECT: REZONING SITE PLAN APPLICATION - E. VANDEWALKER
PART LOT 25, CONCESSION 1, CLARKE
OUR FILE: DEV 88-28
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-208-89 be received;
2. THAT the application submitted by Mr. E. E. VanDeWalker to rezone a parcel
of land within Part of Lot 25, Concession 1, former Township of Clarke to
permit the expansion to 29 units and year-round accommodation within the
existing Trailer Park be DENIED, and that the applicant be given one (1)
year to September 5, 1990, to comply with the Town of Newcastle
Comprehensive zoning By-law 84-63 as amended, and to comply with the 1981
Site Plan Agreement;
3. THAT the Region of Durham and Regional Planning be so advised and forwarded
a copy of Report PD-208-89; and
4. THAT the delegations and persons listed to be notified, be informed of
Council's decision.
550
...2
1. BACKGROUND
PAGE 2
1.1 In March of 1988 an application was received by the Town of Newcastle
Planning and Development Department for amendment to the Town of
Newcastle Comprehensive Zoning By -law 84 -63, as amended, as well as
amendment to a Site Plan Agreement dating back to 1981. The application
was submitted by Mr. VanDeWalker and the subject site is a 1.3 ha (3.2
acre) parcel in Part Lot 25, Concession 1, Clarke. The rezoning
application proposed to legalize the existing facility to operate as a
"Mobile Home Park" with year round living accomodations as opposed to a
"Trailer Camp or Park" as presently defined in the Comprehensive Zoning
By -law, which permits seasonal occupancy only. In addition, the
application seeks to increase the number of units permitted from
eighteen (18) to twenty -nine (29).
1.2 In December of 1987, planning Staff were informed that the 'trailer
park' on the subject site was operating in contravention of the Site
Plan Agreement and Zoning provisions regulating its use. The existing
Site Plan Agreement dating back to 1981 allows eighteen (18) seasonal use
trailer siteS on the subject property. The current zoning of the subject
property as per the Town of Newcastle Comprehensive Zoning By-law 84 -63,
as amended places the site in a 'Special Purpose Commercial Exception
(C4 -8)' zone. This zoning permits a trailer park or trailer camp,
however, 'Trailer Camp or Park' are defined as follows;
"Shall mean an establishment consisting of camping lots and
comprising land used or maintained as grounds for the camping or
parking of mobile recreational trailers, motorized recreation
vehicles, truck campers or tents for recreational or vacation use
designed for seasonal occupancy only. TRAILER CAMP or PARK shall
include accessory recreational buildings and structures normally
related to such operations." (underline added for emphasis)
...3
551
REPORT NO.: PD- 208 -89 PAGE 3
2.1 The subject lands are in Part Lot 25, Concession 1, former Clarke, more
specifically known as 623 King St. E., Newcastle Village. The site is
bounded to the south by the Graham Creek which also forms the
southeastern boundary of the Village Urban Area; to the east the site is
bounded partially by a restaurant /tavern and partially by vacant lands
zoned 'Environmental Protection (EP)'; to the north is a recently
approved 172 unit residential subdivision and a concrete block
manufacturer and sales establishment; and to the west are currently
vacant .lands that are subject to applications for Official Plan
Amendment, Proposed Plan of Subdivision and Rezoning.
3 OFFICIAL PLAN CONFORMITY
3.1 Within the Durham Regional Official Plan the subject site is designated
'Residential' within the Small Urban Area of Newcastle Village. The
Durham Plan permits a Mobile Home Park development in residentially
designated areas if such development is considered desireable and
compatible with surrounding uses by the .local council. It is further
noted that mobile home park developments shall be fully serviced with
water and sewer facilities designed to Regional standards and approved
by the Ministry of Environment. Furthermore, mobile home parks may
proceed either by registered plan of subdivision and /or by development
control agreement. Such agreement being in accordance with relevant
municipal by -laws and having regard for criteria established by the CMHC
publication 'Site Planning for Mobile Homes - A Supplement to the Site
Planning Handbook'.
3.2 Within the Town of Newcastle Official Plan the subject property is
designated 'Residential'. Development in Newcastle Village shall be
generally restricted to low and medium density, with an overall average
density not to exceed fourteen (14) units per net residential ha. The
subject application for 29 units has an overall net residential density
of 22.3 units, plus the existing dwelling. The application does not
appear to comply.
...4
REPORT NO.: PD- 208 -89 PAGE 4
WWWCOR
4.1 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. The Public Meeting for said application was held June 6,
1988.
4.2 At the time of the meeting no written submissions had been received by
Town Staff. However, two neighbouring land owners spoke in opposition to
the application. A number of people presently residing in the park did
attend the meeting. Since the meeting a dozen letters have been
submitted by Trailer Park residents in support of the application. In
summary, the letters note a concern of personal loss if the rezoning for
year round accommodation is not approved. Most have noted the money
invested in their trailers through initial purchase and renovations.
Their contribution to the community through taxes and day to day
purchases.
4.3 One letter of opposition was received by Staff. The objection included
the precedent being set of approving illegal uses, should the
application be approved. The poor repair of the park and drainage to
boundary fences, littering of garbage on adjacent property caused by
Trailer Park residents.
5 CIRCULATED AGENCIES
5.1 The application was circulated to various departments and agencies in
accordance with Town procedures. The following provides a summary of
the comments received through the circulation process. Newcastle Hydro
was the only agency which provided an unconditional no objection to the
proposal.
5.2 The Building Department has noted that in order for a Mobile Home to be
considered as a dwelling unit, they must be placed on foundations
capable of supporting all intended loads. As well decks and all other
553 ...5
PAGE 5
REPORT NO.: PD- 208 -89
attached buildings would be required to meet similar standards. Any new
mobile homes placed within this site would require building permits and
proof that the structure complies with CSA Z 240.2.1 or the Ontario
Building Code. This would include heating, lighting /electrical and
plumbing systems in accordance with code, as well as one (1) full bath,
including toilet, sink and shower /tub, laundry facilities and kitchen
facilities.
5.3 (i) Fire Department Staff in their original comments provided numerous
concerns with regard to the application: These include substandard
access routes and turn around facilities; outdoor storage of
compressed gas cylinders; access to Graham Creek for fire
protection and agreement by the applicant to connect to municipal
water at such time as it become available; and the proximity of
the trailers to each other, in some cases less than 2.5 m, poses a
threat to fire spreading. It is recommended that 5 or 6 m minimum
separation be maintained.
(ii) A revised set of comments advised Planning Staff that the applicant
has attempted to address the Fire Departments concerns and has now
installed signs identifying the road as a fire route and
prohibiting parking; has installed a platform allowing access to
Graham Creek; and a turn around area has been identified and
parking prohibited.
5.4 Public Works Staff review of the application required submission of a
site grading; installation of street lighting at the entrance of the park
and that all works be undertaken with Town standards. Works Staff have
also submitted revised comments noting that the applicant has submitted a
grading plan to their satisfaction.
5.5 The Ganaraska Conservation Authroity provided comments noting no concern
with the proposed rezoning, provided that the Regional Storm flood plain
of the Graham Creek continues to be recognized in the Environmental
Protection (EP) zone category.
�J4
REPORT NO.: PD- 208 -89 PAGE 6
5.6 (i) Comments provided by the Regional Health Department noted no
objection to the original eighteen (18) sites which are serviced by
Holding Tanks. However, they could not support the application for
rezoning and increase to twenty -nine (29) stating there is
insufficient area for the installation of an on -site sewage
disposal system with 100% replacement area to service the proposed
development.
(ii) Revised comments based on a re- assessment of the application
provided no objection to increasing the trailer park by eleven (11)
sites conditional upon:
(a) an additional 2000 gallon holding tank being installed to
service trailers on lots 26 and 29 and a second 2000 gallon
may be required to service lots 22 to 25.
(b) raw sewage pumped from holding tanks must be disposed of at a
municipal sewage treatment plant.
(c) records kept indicating dates, number of gallons pumped and
from which tanks.
(d) Connection to municipal water when it becomes available and
drilling of an additional well should water shortages be
experienced in the meantime.
5.7 Regional Planning Staff commented that within the Durham Region Official
Plan the site is for the most part designated 'Residential' within the
Small Urban Area of the Newcastle village. Graham Creek traversing the
south - easterly portion of the site is designated 'Major Open Space'.
Highway # 2 extending along the frontage of the property is a Type "A"
arterial /provincial highway. Their comments quote: Section 8.1.2.11
stating that a mobile home park development may be permitted if in the
opinion of the municipality it is considered to be desireable and
compatible; Section 8.1.2.12 mobile home parks shall be fully serviced
with water and sewer services. They note Regional services are not
available, therefore the proposal does not appear to conform. They
further note this to be an existing, non - conforming use, and the
municipality may wish to consider Section 16.6.5, which allows expansions
to such developments. They further note any expansion will necessitate
the payment of development charge levies.
555 ...7
REPORT NO.: PD-2O8 -89
-- ®---- -w
Ministry of Transportation Staff provided no objection to the
application, subject to any future buildings and structures being set
back a minimum distance of 14 m (45 ft.) from the Highway property line•
MW
PAGE 7
6. STAFF COMMENTS
6.1 In reviewing the subject application for Zoning By -law Amendment and
Site Plan Amendment, there are really two (2) issues being considered.
One being the expansion from eighteen (18) units to recognize the
existing twenty -nine (29) units, and the other being 'seasonal' as
opposed to 'year -round accomodation'. it must be emphasized however,
that the use as it presently operates is illegal in both number of units
and the 'year -round accomodation'.
6.2 The application has been reviewed by a number of agencies with the
respective comments outlined above. A number of concerns have been
outlined in these comments, some of which the applicant has been able to
resolve. A number of letters have been received mainly in support,
however, some objection was received. Even among the existing residents
supporting the proposal, there was mention of additions and structures
being constructed without proper permits and concern with the proximity
of these structures to other trailers and site boundaries.
6.3 A review of the publication produced by CMHC (Site Planning for Mobile
Homes A Supplement to the Site Planning Handbook) makes the following
observations when planning a Mobile Home Park.
- mobile home parks shall generally have a minimum of 25 units or 3
acres (1.2 ha);
- all streets should be paved or a compacted granular surface and shall
be well drained and graded;
- roads should be sufficiently wide to accomodate all underground
services, pedestrian walkways, surface drainage and snow storage;
- lots should be of a diverse size and shape;
- consideration should be made for street lights, garbage containers,
signs, benches etc.;
- a minimum of one paved or gravelled parking space per lot and an
additional space for every four (4) lots be provided for visitors;
D0 ...8
PAGE 8
REPORT NO.:' PD- 208 -89
- screening and fencing between homes;
- a minimum of 25 ft. (7.5 m) separation to the adjacent lot line be
provided from either one of the long sides containing the main entrance
door;
- a 6 ft. (1.8 m) side yard on the other side is recommended;
- units shall be 12 ft. (3.6 m) from any public street
- a minimum 25 ft. (7.5 m) rear yard shall be maintained between lot
line and the rear of the unit;
- lawns or suitable cover shall be provided;
- a usable open area of at least 450 sq. ft. (42 m2) with a minimum mean
dimension of 12 ft. (3.2 m);
- all units shall be supported on a secured stand capable of supporting
the maximum anticipated load;
- all units shall have a skirt from the bottom of the unit to the ground.
The above list contains some of the more key considerations in reviewing
a Mobile Home Park.
6.4 From the site plan submitted it would appear the average lot width is
less than 17 ft. (5.2 m.) while the depth may vary from 40 ft.(12m) to
60 ft. (18 m). This would make it impossible to obtain 25 ft. (7.5 m)
side yards and difficult to realize a similar rear yard. In addition,
the recommended 450 sq. ft. (42 m2) of usable open space per lot would be
impossible to achieve given the lot sizes compared to the units situated
thereon. The Town's Comprehensive Zoning By -law requires two parking
spaces per unit and one parking space for each four (4) Mobile Home
Sites. The application does not appear to comply. Upon reviewing the
application in terms of the summary list outlined above, it is clear that
the subject development would not conform to a number of recommended
design criteria, as well as Town policies.
6.5 The Regional Official Plan defines Mobile Home in Section 8.12.2.13 as:
" a mobile home or modular home unit shall mean a factory -build single
family dwelling designed to be made mobile that is sited on a
permanent anchoring foundation and connected to service facilities so
as to be suitable for year round occupancy and is constructed to meet,
as a minimum, the standards of the Ontario Building Code, the
Electrical Code and the Plumbing Code as well as all relevant by -laws
of the respective area municipality." ...9
5i
REPORT NO.: PO- 208 -89 PAGE 9
It would appear from the submission made in support of the application
and a site inspection of the property, that a number of units would not
satisfy the definition of mobile home, but rather would be construed as
travel trailers.
6.6 The subject lands are within the Newcastle Village Small Urban Area, and
are bounded to the west by a 200 plus unit residential development
proposal. It is believed that the appropriate buffering between the
proposed residential development and the mobile home park would be
difficult to achieve. The lots for the trailers have been established
and units set up without such consideration. The proximity of the units
to each other was a noted concern of the Fire Department and Building
Department and is considered a safety hazard.
6.7 As noted above in the report the Town's Official Plan outlines density
in the Village at 14 units per net ha. The subject application for 29
mobile home units equals 22.3 units per net ha, this is not in
conformity. Regional Planning Staff have noted that mobile home parks
shall be fully serviced with water and sewer services. As this site
does not have full municipal services, it was noted that it does not
conform.
As for Section 16.6.5 of the Durham Plan, it permits local Council at
their sole discretion zone to permit the continuation, expansion or
enlargement of existing, or the variation to similar uses, provided that
such uses:
a) have no adverse effect on the present use of surrounding lands or
the implementation of the provisions of this Plan;
b) have regard for the Agricultural Code of Practice;
c) are accessible by Public Road;
d) are subject to any conditions that may be contained in a district
plan.
...10
758
PAGE 10
As noted previously the proposed amendment does not appear to comply
with the density provisions of the Town Official Plan, and Regional
Staff have noted that it does not comply with the Durham Plan. This
would suggest that the Section 16.6.5 would not be applicable. In
addition the report outlines a number of areas which the proposal is
deficient compared to Town criteria and standards outlined in the CMHC
publication.
7 CONCLUSIONS AND RECOMMENDATIONS
7.1 Staff are aware there are presently twenty -nine families who make the
trailer park their home. However, the current Zoning By -law and Site
Plan Agreements allows only 18 units on a seasonal basis. As noted in
the comments above, it is felt that this application has several
fundamental problems with Official Plan conformity, By -law conformity,
design guidelines and safety deficiencies. For these reasons, and the
issues highlighted in the body of the text, Staff cannot support the
subject rezoning and site plan amendment application.
7.2 In consideration of this recommendation, the number of people who are
residing in the park on a permanent basis and the eleven (11) sites
which are over and above the permitted. It is further recommended that
the applicant be given a one (1) year grace period to bring the existing
trailer park into compliance with the Zoning By -law and the Site Plan
Agreement.
CP *FW *cc
*Attach.
August 25, 1989
?59
Recommended for presentation
to the Committee
acarence E. Kotsef f
Chief Administrative Officer
...11
Rpp•,zT NO.: PD -208-89
INTERESTED PARTIES
• BE NOTIFIED OF COMMITTEE AND COUNCIL'S DECISIO1
Mr. Eugene VanDewalker
152 Colin Road East
OSHAWA, Ontario
LIH 7K5
Frank Williams
Newcastle Trailer Park
Unit 28, 623 King St. E.
NEWCASTLE, Ontario
LOA 1HO
Myles Pepper
General Delivery
NEWCASTLE, Ontario
LOA 1HO
Harry Jones
General Delivery
NEWCASTLE, Ontario
LOA 1HO
S. & S. Hogan
Newcastle Trailer Park
623 King Street E.
NEWCASTLE, Ontario
LOA 1HO
Mr. Guy Garrier
P.O. Box 526
NEWCASTLE, Ontario
LOA 1HO
Mona Berlingeri
623 King Street East
NEWCASTLE, Ontario
LOA 1HO
Mr. & Mrs. Leveque
Newcastle Trailer Park
Unit 2, 623 King Street E.
NEWCASTLE, Ontario
LOA 1HO
Mr. L. Babchishin
Newcastle Trailer Park
Unit 10, 623 King Street E.
NEWCASTLE, Ontario
LOA 1HO
Mr. & Mrs. Sims
Newcastle Trailer Park
Unit 11, 623 King Street E.
NEWCASTLE, Ontario
LOA 1HO
Gilles Lelievre
Anne Girarle
P.O. Box 161
NEWTONVILLE, Ontario
LOA lJO
Mike Morrison
Newcastle Trailer Park
Unit 4, 623 King St. E.
NEWCASTLE, Ontario
LOA 1HO
Mr. Richard Dallaire
General Delivery
NEWCASTLE, Ontario
LOA 1HO
Martha Link & Family
Newcastle Trailer Park
Unit 5, 623 King St. E.
NEWCASTLE, Ontario
LOA 1HO
Mr. E. mostert
R.R. #2
NEWCASTLE, Ontario
LOA 1HO
Foster creek Developments
c/o Edvan Realty
214 King Street East
BOWMANVILLE, Ontario
LIC 1P3
Mrs. S. West
Newcastle Trailer Park
Unit 3, 623 King Street E.
NEWCASTLE, Ontario
LOA 1HO
Mr. & Mrs. Hoskin
Unit 8, 623 King Street E.
Newcastle Trailer Park
NEWCASTLE, Ontario
LOA 1HO
Mr. & Mrs. Timms
Newcastle Trailer Park
Unit 12, 623 King Street E.
NEWCASTLE, Ontario
LOA 1HO
` 6 0
D
REPORT NO.: PD-208-89
------------------------------
Mr. D. Hilliard
Newcastle Trailer Park
Unit 13, 623 King Street E.
NEWCASTLE, Ontario
LOA 1HO
Mr. L. Brazzard
Newcastle Trailer Park
Unit 15, 623 King Street E.
NEWCASTLE, Ontario
LOA 1HO
Mr. & Mrs. Tuck
Newcastle Trailer Park
Unit 22, 623 King Street E.
NEWCASTLE, Ontario
LOA 1HO
Mr. D. Brunelle
Newcastle Trailer Park
Unit 24, 623 King Street E.
NEWCASTLE, Ontario
LOA 1HO
Mr. F. Williams
Newcastle Trailer park
Unit 26, 623 King Street E.
NEWCASTLE, Ontario
LOA 1HO
Mr. D. shred
Newcastle Trailer Park
Unit 28, 623 King Street E.
NEWCASTLE, Ontario
LOA 1HO
Mr. & Mrs. Smith
Unit 14, 623 King Street E.
Newcastle Trailer Park
NEWCASTLE, Ontario
LOA 1HO
Miss Lyuck
Newcastle Trailer Park
Unit 21, 623 King Street E.
NEWCASTLE, Ontario
LOA 1HO
Mr. & Mrs. smart
Unit 23, 623 King Street E.
Newcastle Trailer Park
NEWCASTLE, Ontario
LOA 1HO
Mr. & Mrs. Bergeron
Newcastle Trailer Park
Unit 25, 623 King Street E.
NEWCASTLE, Ontario
LOA 1HO
Mr. J. ROSS
Unit 27, 623 King Street E.
Newcastle Trailer Park
NEWCASTLE, Ontario
LOA 1HO
Mr. B. Benford
Newcastle Trailer Park
Unit 29, 623 King Street E.
NEWCASTLE, Ontario
LOA 1HO
PAGE 12
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