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HomeMy WebLinkAboutPD-214-92 THE CORPORATION OF THE TOWN OF NEWCASTIX DN: DEV90074.GPA REPORT PUBLIC METING Meeting General Purpose and Administration Committee Date Monday, October 19, 1992 PD-214-92 DEV 90-074 (X-REF 18T-90036 & OPA 9W`=L7aPA)--- - Report# File # Subject REZONING APPLICATION - DWIGHT CHIZEN IN TRUST PART LOT 10, CONCESSION 2, FORMER TOWN OF BOWMANVILLE FILE: DEV 90-074 (X-REF 18T-88036 AND OPA 90-77/N) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-214-92 be received; 2 . THAT application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63 , as amended, submitted by G. M. Sernas and Associates on behalf of Dwight Chizen In Trust be referred back to Staff for further processing. 3 . THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Applicant: Dwight Chizen In Trust 1.2 Agent: G. M. Sernas and Associates 1. 3 Rezoning Application: from "Agricultural (A) " , to an appropriate zone to permit the development of 304 residential units. 1. 4 Official Plan Amendment: to introduce a medium density symbol. 1. 5 Subdivision: proposing to develop 97 single family dwelling units, 65 lots for semi-detached/link dwellings (130 units) , 77 street townhouse units, one local commercial block and one park block. 1. 6 Land Area: 18. 08 ha (44 . 67 Acres) 2. LOCATION 2 . 1 The subject property is located in Part Lot 10, Concession 2 , 2 0 REPORT NO. : PD-214-92 PAGE 2 Former Town of Bowmanville. The property is located south of Concession Road 3, east of Liberty Street and north of the Canadian Pacific Railway line. The property abuts Regional Road 14 (Liberty Street) at two locations, one having frontage of 20.2 metres, the other 6. 13 metres. 3 . BACKGROUND 3 . 1 An application for Zoning By-law Amendment was originally received by the Town of Newcastle Planning and Development Department on August 13 , 1990. On August 29, 1990 the Town was forwarded a copy of an Official Plan Amendment (O.P.A. 90- 077/N) submitted with respect to the subject lands. Application for proposed plan of subdivision was received by the Town on September 6, 1990 (18T-90036) . 3 . 2 A revised rezoning application was received in May of 1992 . The revisions to the application would provide a net increase of 19 residential units as well as introducing a commercial component to the neighbourhood. 4 EXISTING AND SURROUNDING USES 4 . 1 The subject lands are currently vacant and have been used for agricultural production. 4 . 2 Surrounding land uses include: South: predominantly vacant agricultural land subject to applications for residential development and the Canadian Pacific Railway East: agricultural land containing a supporting residential unit, as well as lands subject to Draft Approved development applications. . . . 3 X02 REPORT NO. : PD-214-92 PAGE 3 North: agricultural lands subject to Draft Approved development applications and new residential development. West: existing strip residential fronting on Liberty Street and a trucking operation. 5 PUBLIC MEETING AND RESPONSE 5. 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 for the original application, as well as the revised application subject of this meeting. In addition the appropriate notice was mailed to each landowner within the prescribed 120 metre distance. At the original public meeting one neighbouring residents stated his concerns as they related to potential drainage problems and future roads abutting his property. As of the writing of this report, a couple of written submissions have been received by Planning Staff on the revised application. One letter objects to additional development in the area and specifically the rezoning of agriculturally zoned lands. The other correspondence is concerned with future drainage and potential flooding problems, potential garbage from the site as well as concern for small children around the construction site and equipment. 6 OFFICIAL PLAN POLICIES 6. 1 Within the Durham Regional Official Plan the subject property is designated "Residential" . The residential policies encourage development with a variety of housing mix and type. The application appears to conform. 6.2 Within the June, 1991, Council approved Durham Regional . . .4 5OJ REPORT NO. : PD-214-92 PAGE 4 Official Plan the subject lands are found within the "Living Area" designation. Said policies are similar to those contained in the current Durham Plan. The future Longworth Avenue extension which is to bisect the proposed lands is now designated as a type "C" arterial in the 1991 Plan. The proposed 26. 0 metre width would appear to conform with the proposed Plan policies. 6. 3 Within the Town of Newcastle Official Plan, Bowmanville Major Urban Area the subject property is located in Neighbourhood 112C" and is designated "Low Density Residential" . Said neighbourhood has a population target of 5500 people. In addition, there is a park, school symbol and collector road within proximity of the subject lands. Staff would note that the proponent proposes to introduce a medium density symbol and commercial block within this plan. The applicant has submitted an application to amend the Town Official Plan. 6.4 The proponents land ownership equals 18. 08 ha. His share of the population target would equate to approximately 855 of the neighbourhood population target or 285 units. The application proposes approximately 304 units or 912 people. The submissions proposed 77 townhouse units would have a density in excess of 44 units per net ha. This exceeds the low density residential designation of the area. The collector road which bisects the proposed subdivision has a fixed location on the west side of Liberty Street, through Draft Approved and partially registered plan of subdivision (18T-82037) . Convenience commercial facilities may be permitted in a residentially designated area in accordance with projections . . . 5 504 REPORT NO. : PD-214-92 PAGE 5 of need and shall provide items of daily necessity for the residents of the immediate surrounding neighbourhoods. The policies state that a retail analysis may not be required by Council for convenience commercial facilities, however, given the currently designated commercial sites in the north Bowmanville area and the consultant's preliminary findings of the Central Area Study regarding the cumulative impact of small commercial developments on the main central area, staff believe a justification report is appropriate. 7 ZONING 7 . 1 The subject lands are currently zoned "Agricultural (A) " . The proposed residential units and commercial development would not be permitted in said zone. It is noted the agricultural zone is utilized in the Town documents as a 'holding' zone, for lands within the urban area, prior to any development approvals. 8 AGENCY COMMENTS 8 . 1 In accordance with departmental procedure the subject application was circulated to a number of agencies and departments for comment. To date comments remain outstanding from the following agencies/departments: the Town of Newcastle Public Works Department, Newcastle Hydro Electric Commission, the Central Lake Ontario Conservation Authority and the Separate School Board. 8 . 2 The Town's Community Services Department advised they have no objection to the application as filed subject to Block 182 being accepted as parkland dedication, the applicant obtaining an agreement, at time of registration, to transfer title to the 0.4 ha (1 acre) block east of block 182 and Longworth Avenue frontage and services being in place prior to the issuance of the 51St' percentile of building permits. . . . 6 505 REPORT NO. : PD-214-92 PAGE 6 8. 3 The Fire Department has advised that the site falls within the response area of station No. 1. Response to this site will be by both full-time (6: 00 a.m. to 6: 00 p.m. ) and part-time (6: 00 p.m. to 6: 00 a.m. ) firefighters. No concerns were raised with the preliminary drawings however, it was advised that no building permits be issued until all access routes and water supply have been made available. 8. 4 Ministry of Natural Resources have advised they have no objection to the proposed rezoning application. In addition, a second correspondence provided no objection to the proposed plan of subdivision subject to a number of conditions. The conditions included among other matters final reports to be submitted by the applicant and approved by the Ministry dealing with stormwater flow from the site; anticipated impact of the development on water quality; and erosion and sedimentation control. 8.5 Regional Planning Staff advised the application conforms to both the existing and Council approved Durham Official Plan documents. They further advised that servicing for the site is dependant on the development of the Schickedanz lands (18T- 87057) to the south. A road widening on Regional Road No. 14 (Liberty Street) of 5. 18 metres is required as opposed to the 4 . 572 metre widening shown. In addition, Regional Works requires a traffic study be prepared for their review and approval. 9 STAFF COMMENTS 9. 1 The applicant has filed applications for Official Plan Amendment, Zoning By-law Amendment and Proposed Plan of Subdivision in order to develop the subject 18. 08 ha of land with 97 single family dwelling units, 65 semi-detached/link . . .7 J06 REPORT NO. : PD-214-92 PAGE 7 lots (130 dwelling units) and 77 on-street townhouse units, a 0. 353 ha commercial block and a 1.936 ha park block. The Official Plan Amendment application relates to the proposed townhouse units. 9. 2 Staff have reviewed the three proposed applications with the applicant and have identified some concerns with the overall density of the submission. In addition, Staff would suggest revisions to the application be considered to eliminate roads with on-street townhouses located on both sides. As well the road network of the proposal will be reviewed with Public Works Staff to determine the overall function of Swindells Street within neighbourhood 112C" . 9. 3 Staff do not believe there is justification for a neighbourhood commercial development within this development. There is currently a designated and draft approved Local Central Area within (290 m) 950 feet from the proposed site. The larger local central area facilities are typically developed to contain all the uses usually found in a neighbourhood commercial development, in addition retail users in a local central area are not as limited by size of the facility and further benefit from larger users such as grocery stores and restaurants contained in a local central area. Staff request that the applicant provide justification for the commercial component. 9.4 Staff wish to advise as mentioned in the previous Staff report, the subject application will not be permitted to develop until such time as Longworth Avenue is fully constructed to the Liberty Street intersection. . . .8 DuI REPORT NO. : PD-214-92 PAGE 8 10 CONCLUSION 10. 1 The purpose of this report is to facilitate the Public meeting as required by the Planning Act, to provide Committee and Council with some background on the application submitted and for Staff to indicate areas of concern regarding the subject application. In consideration of the above-noted comments it is recommended that the applications be referred back to Staff for further processing and subsequent recirculation and report if necessary. Respectfully submitted, Recommended for presentation to the Committee jr.r"�u /�' o''/",(,� , r (J'I/' " Franklin Wu, M.C. I.P. Lawrence E. Kotpeff DIrector of Planning Chief Administrative and Development Officer CP*FW*cc *Attach 13 October 1992 Dwight Chizen Sylvia Brownell 403 Sackville Street 261 Liberty Street North TORONTO, Ontario BOWMANVILLE, Ontario M4Y 1S6 L1C 3Y6 G. M. Sernas and Associates Ltd. 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