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Home My WebLink AboutPD-212-92 Ord THE CORPORATION OF THE TOWN OF NEWCASTLE DN:KAITLIN.GPA RFPORT Meeting General Purpose and Administration Committee Date Monday, October 5, 1992 Res 9 By-Law,U Report ff -4Q_X J� ___F1LE4_ L IQ DEV 92-002 Subject REZONING APPLICATION MARTIN ROAD HOLDINGS/KAITLIN GROUP LTD. PART LOT 16, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 92-002 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-212-92 be received; 2 . THAT the application to amend the Town of Newcastle Comprehensive Zoning By-Law 84-63 as submitted by Martin Road Holdings/Kaitlin Group Ltd. be APPROVED; 3 . THAT the amending by-law attached hereto be forwarded to Council for approval and that the Holding Symbol 11 (H) 11 be removed by By-Law upon execution of the site plan agreement; 4. THAT a copy of this report and the amending by-law be forwarded to the Region of Durham Planning Department; and, 5. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Applicant: Martin Road Holdings/Kaitlin Group Ltd. 1.2 Agent: Same 1. 3 Rezoning: From "Environmental Protection (EP) 11 to "Holding-Urban Residential Type Four ( (H)R4) " and "Holding- Urban Residential Type Four Exception Zone ( (H)R4-10) " to permit the land to be developed in conjunction with abutting lands for REPORT NO. ; PD-212-92 PAGE 2 the construction of 88 three storey walk-up condominium apartments. 1.4 Site Area: 0. 19 hectares (0.47 acres) 2. LOCATION 2 . 1 The subject lands are located on Part Lot 16, Concession 1 in the former Township of Darlington. This narrow strip of land is located east of Green Road between the Canadian Pacific Railway line and the future Aspen Springs Blvd. The parcel will be developed in conjunction with the abutting lands to the west. 3. BACKGROUND 3 . 1 This application for rezoning was submitted to the Town on June 16, 1992 by Martin Road Holdings/Kaitlin Group Ltd. The intent of this application is to rezone these lands from "Environmental Protection (EP) " to permit their incorporation into a residential development to the west consisting of a total of 88 three storey walk-up condomimium apartments. A driveway and parking spaces are to be constructed on the subject lands serving the proposed development. This will permit an appropriate level of access to this site for fire department vehicles to service all parts of the development. In addition, the access and driveway proposed for the subject lands would permit the possible use of same to service future residential development to the east of the site. 4. EXISTING AND SURROUNDING USES 4 . 1 Existing Uses: Vacant 4.2 Surrounding Uses: East: Future Residential North: C.P. Railway REPORT NO. ; PD-212-92 PAGE 3 West: Future Residential South: Future Aspen Springs Blvd. 5. OFFICIAL PLAN POLICIES 5. 1 Within the existing 1976 Durham Region Official Plans, the subject lands are designated as "Residential Area" . The predominant use of these lands shall be for residential uses. The 1991 Durham Regional Official Plan as adopted by Durham Regional Council designates the subject lands as "Living Areas" . Again, the predominant use of these lands shall be for residential purposes. Both Plans encourage development with a variety of housing mix and type. The proposal appears to conform with both Durham Regional Official Plan documents. 5. 2 Under the Town of Newcastle Official Plan, the subject lands are located within "Neighbourhood 3B" of the Bowmanville Major Urban Area and designated as a "Low Density Residential" area. The neighbourhood contains an "H" (High Density) symbol with a target population of 5,800 persons. The proposed rezoning appears to conform with the intent of these policies. 6. ZONING BY-LAW CONFORMITY 6. 1 The property was originally zoned through Plan of Subdivision (18T-88046) to "Environmental Protection (EP) " . The zoning was implemented to accommodate overland stormwater flows from the development to the north of the site. Due to the proposed construction of facilities which will accommodate stormwater flows from the north, this reserved overland flow route would become redundant. The applicant therefore seeks to rezone these lands from "Environmental Protection (EP) " to "Holding-Urban Residential Type Four ( (H)R4) " and "Holding-Urban i � REPORT NO. : PD-212-92 PAGE 4 Residential Type Four Exception Zone ( (H)R4-10) " to be incorporate them into the residential development as proposed to the west. The "Urban Residential Type Four Exception Zone (R4-10) " by itself ensures a minimum setback of 30 metres (98.4 feet) from the Canadian Pacific Railway track. It has been similarly placed on the properties to the east and west of the subject lands. 6.2 The Holding Symbol " (H) " is being placed on the property to ensure that the applicant will enter into a site plan agreement to the Town's satisfaction. Once this agreement has been executed and registered, a further report will be forwarded to Council asking that the Holding Symbol " (H) " be removed in order that the applicant may proceed with the development. 7. PUBLIC NOTICE AND SUBMISSION 7. 1 Pursuant to Council's resolution of July 26, 1982 and requirements of the Planning Act, R.S.O. 1990, the appropriate signage acknowledging the application was erected on the subject lands. The required notice was mailed to each landowner within the prescribed distance. 7 .2 As of the writing of this report, no written submissions or counter inquiries have been received. 8. AGENCY COMMENTS 8 . 1 The application was circulated to solicit comments from other relevant agencies. 8. 2 Comments indicating no objections have been received from the following agencies: Town of Newcastle Fire Department Ministry of Transportation REPORT NO. : PD-212-92 PAGE 5 Northumberland and Newcastle Board of Education Peterborough-Victoria-Northumberland-Newcastle Separate School Board 8 . 3 The following agencies have no objections but have listed conditions of approval. • The Town of Newcastle Public Works Department has no concerns with the rezoning application. The plan's phasing scheme of two phases as proposed is acceptable. However, they cannot issue final site plan approval until all outstanding engineering concerns relating to the proposed stormwater management facility which will accommodate flows from development to the north are resolved to the Town's satisfaction. The applicant is in the process of addressing those concerns. • The Town of Newcastle Community Services Department has no objections to the rezoning subject the following condition. The Town has received the appropriate 5% parkland contribution in combined form of park areas and cash-in-lieu. As the applicant seeks to increase the site density, the Town will apply cash-in-lieu on the basis of 1 hectare per 300 dwelling units. The Town is entitled to adjust the cash-in-lieu to the difference between the amount already received and the funds equal to the 1 hectare per 300 dwelling unit method of calculation. • The Durham Region Planning Department has no objections to the proposal under the following conditions. Within the draft-approved plan of subdivision 18T-88046, the subject lands were originally identified as Block 339. � h REPORT NO. : PD-212-92 PAGE 6 The Region has amended the conditions of draft approval requiring that Block 339 be melded with Block 329 (to the west) . The development must also be protected from sources of concentrated noise such as the trains on the abutting C.P. Rail line. A noise report will be provided and reviewed by the Ministry of Environment, the Region and the Town. The Durham Region Works Department has indicated that municipal water supply and sanitary services are currently not available to the site. Their installation to this site will occur as part of the servicing of draft-approved plan 18T-88046 through the execution of a subdivision agreement for Phase 2 of the development. • The Central Lake Ontario Conservation Authority have no objections. They have requested that a Holding Symbol " (H) " be applied to the site until the interim drainage plan proposed by the applicants engineer has been effected. This proposes to redirect stormwater flows from the subject lands along the western limit of the adjacent property to the west. Once constructed, their concurrence to the removal of the Holding Symbol will be provided. • The Ministry of Natural Resources has no objections subject to the following conditions being implemented at the site plan approval stage: 1. Prior to any on-site grading or construction, the Ministry must review and approve reports relating to stormwater flow and management as well as erosion and sedimentation control; . r� i REPORT NO. : PD-212-92 PAGE 7 2 . That the approved works be constructed as approved; 3 . That the stormwater management and erosion and sedimentation control structures be maintained during the construction period; and 4. That the Ministry be notified at least 48 hours prior to the commencement of on-site construction. • C.P. Rail has no objections to the proposal provided the following conditions are met at the site plan approval stage: 1. That proper noise attenuation fences and berms are constructed; 2 . That all dwellings be set back a minimum of 30 metres from the right-of-way; 3 . Ground vibration transmission tests be conducted with suitable protection measures being implemented for all buildings within 75 metres of the right-of-way; 4 . A clause should be inserted into all sales agreements and deeds warning prospective purchasers of the existence of the Railway's right-of-way and of potential noise and vibration resulting from expanded operations notwithstanding attenuation measures; 5. The Railway must approve all drainage alterations potentially affecting its lands; 6. A 1.83 metre high chain link fence must be constructed and maintained at the developer's cost along the C.P. Railway property boundary; and, 7 . Any proposed utilities under or over Railway property to serve the development must be approved prior to their installation. 9. STAFF COMMENTS 9 . 1 It is Staff's position that although there are still outstanding comments from the Ministry of Environment, the REPORT NO. : PD-212-92 PAGE 8 rezoning with the Holding Symbol " (H) " can still proceed. Any concerns of the MOE will be addressed and implemented through the preparation of a site plan agreement. Accordingly, Staff would have no objections to the approval of the application as filed. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I.P. Lawrence E. Ko seff Director of Planning Chief Administrative and Development Officer Z RH*FW*df *Attach 24 September 1992 Attachment #1 - Key Map Attachment #2 - Site Plan Attachment #3 - Amending By-Law Attachment #4 - Amending By-law Schedule Interested parties to be notified of Council and Committee's decision: Kaitlin Group Ltd. 1029 McNicoll Avenue Scarborough, Ontario M1W 3W6 Attention: Kelvin Whalen r� ® SUBJECT SITE LOT 17 LOT 16 _ LOT_ 15 A A �"�•��,�, Hicyw z H)R �`•�.,,��/yo 2 1 -i 0 ' Of H RI RC z C1-7 1 (H)RI w w A (H)R2 A \ � a° ,2 I �(H) RI Z (H)RI (H)R1 -� 0 ° � GQ�� (f) (H)R2 (H) �w A �� w (H) R4 H)R4 0 H�R2 � .�� Z `�l R4 R 3 H� 0 ,z c2 H R3 R1 R2 R1 (H)R 2 R1 EP H)R1 A A R2 Y 50 m X00 200 300 m fs Dev. 92-002 1� ) '1 1 LINOS OF APPLICANT \ ^�o...r, w..rr.^ (ZONED R4) lar derv[ F PART OF LOT 16 CONCESSION I TOWN OF NEWCASTLE f 23 4,4 lr� j-Q� i I L`JOPrv! PHIS II L- ij 'J L--J 3 STOREY WAIX-UP A�ARTMENT B= N Nam (ZONED EP) op A.Sc C, 41, 141 I.ANDS N T OF APPUCMT I fix 4 PROJECT STATISTICS PHASE I & 11 ^\'' \�\`•Jl ,,;,u "l' O 271 elm z- we THE KAMUN GROUP ASP.VILLAS BLOCK 333 :31 ewe., :x >:sr. Z.i y / ' COMMUNITY OF ASPEN SPRINGS BOWMANVILLE,ONTARIO F2 3 epUL n IutlR W— ------kl SITE PLAN I—M PH R2 9119 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 92- being a By-Law to amend By-Law 84-63, the Compr6aensive 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 84-63, as amended, of the Corporation of the Town of Newcastle in accordance with Application DEV 92-002 to permit the development of 88 three storey walk-up condominium apartments on the adjacent site to the west. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Schedule 113" to By-Law 84-63, as amended, is hereby further amended by changing the zone designation from "Environmental Protection (EP)" to a "Holding-Urban Residential Type Four ((H)R4)" zone and "Holding-Urban Residential) Type Four Exception Zone ((H)R4-10)" zone 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 dzte of the passing hereof, subject to the provisions of Section 34 of the Planning Act, R.S.O. 1990. BY-LAW read a first time this day of 1992. BY-LAW read a second time this day of 1992. BY-LAW read a third time and finally passed this day of 1992. MAYOR CLERK � �10 This is Schedule "A" to By-lave 92- , passed this day of , 1992A.D. ZONING CHANGE FROM � 'EP' TO '(H)R4- 10' ZONING CHANGE FROM ® 'EP' TO '(H)R4' ` I ) LOT p - CONCESSION — ei-• ` t I rtS-- •r Q. I ut_ ti` 4J Mayor Cter4c LOT 17 LOT 16 LOT 15 ♦� A I 1 A A H)R ('1 H)R3 tH Rz °ao RC C1-7 H)R H ` W W (H)RR 0 O (H)RI (H)RI 1 (N)R1 Ea a N o N (H)R2 (H) R4) A Z �,1� R4 H)R4 3 H)R \N HI OU A Nl�\.'L (H)RI H R3 RI 2 cz RI (H)R2 1 EP BOWMANVILLE ��5?..Z�m ,�,