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HomeMy WebLinkAboutPD-258-89DN: TE /LE2 TOWN OF NEWCASTLE REPORT File #log• .5• 6'0 (STING: General Purpose and Administration Committee DATE: Monday, October 23, 1989 REPORT #: PD- 258 -89 FILE #: DEV 89 -82 (X -REF 18T- 890164) SUBJECT: REZONING APPLICATION - TEMPLETON -LEPEK PART LOT 91 CONCESSION 2, FORMER TOWN OF BOWMANVILLE OUR FILE: DEV 89 -82 (X -REF 18T 890164) RECOMMENDATIONS: Res. # By -Law # It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 258 -89 be received; 2. THAT the Application to amend the Town of Newcastle Comprehensive Zoning By -law 84 -63, as amended, submitted by Templeton -Lepek on behalf of 819363 Ontario Limited, be referred back to Staff for further processing and the preparation of a subsequent report pending the receipt of all outstanding comments; and 3. THAT a copy of Council's decision decision be forwarded to the interested parties attached hereto. 1. BACKGROUND 1.1 In June of 1989, 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 Templeton -Lepek on behalf of 819363 Ontario Limited. The subdivision application proposes the creation of fifty -three (53) single family lots with a minimum frontage of 12.2 metres and thirty five (35) two family lots with a minimum frontage of 18.2 metres, and fifty two (52) street townhouses with a minimum frontage of 6.2 metres, as well as two future blocks for future use. ...2 rry REPORT NO.: pD_258_89 PAGE 2 --- ------------- - - - - -- -- - -__ ----___------------ _------- _-- ____---------- - - - - -- 1.2 The proposal is situated on a 10.29 hectare (25.4 acre) parcel of land located on the west side of Mearns Avenue, south of Concession Road 3. 1.3 A Public Meeting sign providing information on the proposed plan of subdivision, as revised, was erected on the property at the request of the Planning and Development Department. The Planning Act, however, does not contain provisions to regulate public notification of subdivision applications. Therefore, individual notice to adjacent land owners was not required. However, since an amendment to the Zoning By -law is also required in order to implement the subdivision, the appropriate notice was mailed to each land owner within the prescribed distance. 2. SURROUNDING LAND USE 2.1 The surrounding land is primarily vacant, although an application for draft plan approval for a proposed subdivision has been received for the westerly abutting property (18T- 87057). 3. OFFICIAL PLAN CONFORMITY 3.1 Within the Durham Regional Official Plan, the subject lands are designated "Residential ". The primary use of land under this designation is for residential purposes and therefore, the proposal would appear to conform with the Durham Regional Official Plan. 3.2 Within the Town of Newcastle Official Plan the subject property is designated "Low Density Residential ". The primary use of lands so designated is for residential purposes in accordance with the applicable sections of the Official Plan. Therefore, the proposal must be further analysed with respect to the residential density policies and target population of the Official Plan as well as the services /facilities provided. ...3 REPORT NO.: PD- 258 -89 PAGE 3 3.3 Within the Town of Newcastle Official Plan, the Residential Density policies establishes, for the Bowmanville Major Urban Area, a maximum of 301 units per net residential hectare for Low Density Residential development, 301 -55 units per net residential hectare for Medium Density Residential development and a maximum of 801 units per net residential hectare for High Density Residential development. Therefore, the subject property is designated in the Town of Newcastle Official Plan to develop at a maximum of 301 units per net residential hectare. The proposed subdivision has an overall density of 23.65 units per net residential hectare while the street townhouse blocks of the proposed subdivision has a density of 29.17 units per net residential hectare. Therefore, it would appear that the proposed draft plan of subdivision appears to comply with the Residential Density policies of the Town of Newcastle Official Plan. 3.4 The Town of Newcastle Official Plan has established a target population of 5500 for the "2C" Neighbourhood . The proposed plan of subdivision must be further analysed with respect to the target population, the area of the subject lands and the balance of the developable lands within the "2C" Neighbourhood. The Planning and Development Department has estimated that the "2C Neighbourhood has an area of approximately 110 hectares that can be developed. Therefore, given the target population of 5500, it can be determined that the "2C" Neighbourhood can develop at approximately 16.6 units per gross residential hectare in order to maintain the target population. The proposed draft plan of subdivision has a gross area of 10.29 hectares and a total of 175 units which equates to a density of 17 units per gross residential hectare. However given the proposed developments in the "2C' Neighbourhood, the Planning Department is confident that approval of the proposed subdivision will not prejudice the development of the balance of the vacant lands within the "20" Neighbourhood. Therefore, the proposed plan of subdivision would appear to conform with the residential target population established by the Town of Newcastle Official Plan. ...4 REPORT NO.: PD- 258 -89 PAGE 4 3.5 Within the "2C" Neighbourhood there exists two (2) "Public Junior Elementary School" symbols and two (2)" Neighbourhood Park (N)" symbols. The Northeast Bowmanville Neighbourhood Concept Plan prepared by G. M. Sernas, at the request of the Planning and Development Department, has made provision for one Public Junior Elementary School and a 5.0129 ha (12.43 acre) park. The Public School Board has indicated that one Junior Elementary School will satisfy their needs within the 112C" Neighbourhood and the 5.029 ha park is centrally located and slightly larger than a Neighbourhood Park. Nevertheless, Eiram Developments, seeking approval for proposed draft plan of subdivision 18T- 890141, has also made application to amend the Town of newcastle Official Plan in order to reduce the required number of Public Junior Elementary Schools and Neighbourhood Parks within the "20" Neighbourhood from two (2) to one (1). In view of the foregoing, it is difficult, at this time, to determine the conformity of the current application to the Town of Newcastle Official Plan, as the Official Plan Amendment filed by Eiram Developments is still pending. 4. ZONING BY -LAW CONFOMRITY 4.1 The Town of Newcastle Comprehensive Zoning By -law 84 -63 zones the subject property Agricultural (A) . The Agricultural zone permits only .farm and farm related residences and structures and the applicant, therefore has applied to amend the zoning by -law accordingly in order to implement the proposed draft plan of subdivision. Appropriate notice of the proposed amendment was mailed to each landowner within the prescribed distance. As of the writing of this report, the Planning and Development Department has not received any written submissions regarding the current proposal. 5. AGENCY COMMENTS 5.1 The application for a proposed plan of subdivision was circulated to various agencies by the Durham Regional Planning Department. Subsequently, the Town of Newcastle undertook a limited interdepartmental circulation. The following provides a synopsis of the agency comments received to date. ...5 7 REPORT NO.: PD- 258_89 PAGE 5 5.2 Bell Canada has reviewed the subject application and offers no objection, conditional upon the Owner agreeing to grant to Bell Canada any easements that may be required for telecommunication services. 5.3 The Community Services Department has reviewed the proposed Plan of Subdivision and notes that the applicant proposes the creation of a seperate block adjacent to Blocks 94 and 96 for the purpose of noise abatement and visual screening. The Community Services Department states that the creation of the seperate Block suggests that the ownership and maintenance responsibility may lay with the Town. However, the Community Services Department offered no objection to the proposal conditional upon the applicant providing 5% cash -in -lieu for parkland dedication as well as the elimination of Block 100 and the inclusion of the buffer strip as a restrictive covenant on title in favor of the Town on each parcel of land. 5.4 The Town of Newcastle Fire Department has reviewed the subject application and has noted a concern, but no objections to the proposal. The concern is due to the close proximity of the C.P.R. tracks which could cause delays in response time if responding emergency vehicles were delayed by trains crossing Mearn's Avenue. 5.5 The Canadian Pacific Railway has reviewed the proposed subdivision and has objected to the proposal on the basis that residential land uses are not compatible with railway operations. The Canadian Pacific Railway states that the health, safety and welfare of future residents could be adversely affected by activities of the railway. 5.6 The Town of Newcastle Public Works Department, the Central Lake Ontario Conservation Authority and the Ministry of Natural Resources have all reviewed -the subject application and find the proposal to be premature. The subject site is located between the main branch of Soper Creek to the east and one of its tributaries to the west. Until such time as a site servicing report, which addresses storm water management, is prepared each of the aforementioned agencies will be withholding favourable comments. ...6 5.7 The balance of the circulated agencies which provided comments are the Ministry of Transportation, Newcastle Hydro and the Separate School Board. None of the aforementioned agencies provided objectionable comments. The Ministry of the Environment, the Regional Works Department and Public School Board have yet to respond. 6. STAFF COMMENTS 6.1 As the purpose of this report is to address the requirements of a Public Meeting under the Planning Act and in consideration of comments outstanding, the Planning Department recommends that the application be referred back to Staff for further processing. Respectfully submitted, Franklin Wu, M.C.I.P. Director of Planning & Development WM *FW *cc *Attach. October 10, 1989 Recommended for presentation to the Committee e, f Lawrence Kotseff Chief A mlastrative Officer Interested parties to be notified of Committee and Council's decision. 819363 Ontario Limited 16 Sims Crescent Unit 16 Richmond Hill, Ontario L4B 2P1 Templeton -Lepek 5050 Dufferin Street Suite 232 Downsview, Ontario M3M 5T5 5,0.