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HomeMy WebLinkAboutPD-2-91 fi ""'LQ.w,y ; TOWN OF NEWCASTLE REPORT File #s�, f,s , N: DEV87059 Res. # F By—Law # PUBLIC METING MEETING: General Purpose and Administration Committee DATE: Monday, January 7 , 1991 PBUT #: PD-2-91 FILE #: DEV 87-057 (X-REF 18T-87057 ) SU ECT: REVISED REZONING APPLICATION - SCHICKEDANZ BROS. LIMITED PART LOT 10, CONCESSION 2, FORMER TOWN OF BOWMANVILLE FILE: DEV 87-0" (X-REF 18T-87057) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-2-91 be received; 2 . THAT the revised application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Schickedanz Bros . Limited 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: Schickedanz Bros . Limited 1. 2 Agent: Marshall Macklin Monaghan Ltd. 1. 3 Rezoning Application: from "Agricultural (A) " , to an appropriate zone to permit the development of a total 161 residential dwelling units . 1.4 Subdivision: proposing to develop 41 single family dwelling units, 41 lots for semi-detached/link dwellings (82 units) , 38 street townhouse units for a total of 161 units . . . .2 REPORT NO. : PD-2-91 PAGE 2 1.5 Land Area: 9 . 95 Ha (24 .58 Acres) 2. LOCATION 2 . 1 The subject property is located in Part Lot 10, Concession 2, Former Town of Bowmanville. The property is located south of Concession Road 3, west of Mearns Avenue, north of the Canadian Pacific Railway line and east of Liberty Street. The property has access to Regional Road 14 (Liberty Street) at two points only and abuts the Canadian Pacific Railway for approximately 400 metres on the southern boundary. 3 . BACKGROUND 3 . 1 An application for Zoning By-law Amendment was originally received by the Town of Newcastle Planning and Development Department on July 22, 1987 . Public Meeting for this application was undertaken in accordance with Council policy and the requirements of the Planning Act and held on September 21, 1987 . The original application proposed a slightly different road pattern with 93 semi-detached/link units for 186 dwelling units . On April of 1990, the Town of Newcastle Planning Department was advised of a revised subdivision application. The revised application has reduced the proposed number of dwelling units by 25, while providing a better unit mix. 3 .2 The revised subdivision and rezoning applications were circulated concurrently in May of 1990 . Staff have deemed the changes proposed significant and therefore requested a second Public Meeting to be held on the revised application. 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: the Canadian Pacific Railway and lands currently being developed residentially through registered plans 1OM- 829 and 1OM-830 . . . . . 3 i REPORT NO. : PD-2-91 PAGE 3 East: agricultural land containing a supporting residential unit, as well as lands subject to Draft Approved development applications ( 18T-89064) . North: existing units fronting of Liberty Street as well as vacant lands subject to development applications ( 18T- 90036 and 18T-89041) . West: existing strip residential fronting on Liberty Street, existing residential development on the west side of Liberty Street. 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 revised application. In addition notice was mailed to all residents within the prescribed distance. As of the writing of this report, no written submissions from area residents have been received, although counter enquiries with regard to the proposal have been received. 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 proposes two access points from the subdivision to Regional Road 14 (Liberty St. ) . Liberty Street is designated as an arterial road in the Durham Regional Official Plan and as such should only be intersected by other designated arterial or collector roads . However, where this is impractical, the authority having jurisdiction on such road may alter these provisions without amendment to the Regional Plan. Regional Public Works has not addressed this aspect of the proposal in their comments to date. III • • .4 REPORT NO. : PD-2-91 PAGE 4 6 .2 Within the Town of Newcastle Official Plan, Bowmanville Major Urban Area the subject property is located in Neighbourhood "2C" and is designated "Low Density Residential" . The low density residential designation permits a maximum development of 30 units per net residential hectare. 6 . 3 The application as submitted proposes a total of 161 residential units on 6 .33 Ha of land for density of 25 .43 units per net Ha. The density would appear to comply with the criteria for low density residential stated in the Official Plan. The 161 units also appear to comply with the overall neighbourhood density of 15. 8 units per gross hectare and meet the population target of 5500 persons within the neighbourhood. 7 AGENCY COMMENTS 7 . 1 In accordance with departmental procedure the subject application was circulated to a number of agencies and departments for comment. 7 .2 The Town of Newcastle Public Works Department has advised that they have no objection to the application in principle, but recommend that it not proceed until such time as a site servicing report satisfactory to the Director of Public Works is submitted. In addition, the Works Department has requested that the following issues/concerns be addressed. That the applicant provide a cash contribution for sidewalks on Regional Road 14 (Liberty St. ) ; that the applicant provide a lot grading plan satisfactory to the Director of Public Works; that various lots be held from receiving building permits until such time as the temporary turning circles are no longer required; that the applicant realign Street 'A' in the vicinity of Block 85 and that the approval of the application be subject to the standard conditions with respect to services and the subdivision agreement. . . .5 ! C REPORT NO. : PD-2-91 PAGE 5 7 . 3 The Community Services Department advised they have no objection to the application, however require a parkette of 0 . 5 Ha. in size be located in the vicinity of lots 51 to 53 and 58 to 60 inclusive. The parkland dedication will be based on the equivalent of 1 Ha. of land per 300 dwelling units . In addition the developer is required to develop the parkette in accordance with Town standards. Block 90 shall be accepted gratuitously as open space and be appropriately graded and grassed. Block 89, requiring berming shall also be developed and landscaped to the satisfaction of the Director of Community Services; and that the 9 .0m. easements to the open space block proposed by the applicant be accepted gratuitously as separate blocks, and said blocks be appropriately grassed and paved to accommodate service vehicles and pedestrian access to the open space. 7 .4 The Fire Department advised they have no objection to this proposal provided all access routes comply with the Ontario Fire and Building Code. 7 .5 The Peterborough Victoria Northumberland and Newcastle Separate School Board advised that the students generated from this development can be accommodated in the existing or proposed schools ( 18T-82037) and therefore will have no objection. 7 . 6 The Northumberland and Newcastle Board of Education advised that they have some concern with the proposal . The Board requires sidewalks on the interior roads and sidewalks on Liberty Street. 7 . 7 The Central Lake Ontario Conservation Authority has not provided comments on the revised plan of subdivision. Comments previously received on the original proposed plan of subdivision (May 30, 1989) advised the subject lands are located in the area being investigated by the Soper Creek Tributary Master Drainage Plan. The drainage plan had identified increased flooding and erosion downstream of Concession Street as a result of development in the ) i i . . .6 REPORT NO. : PD-2-91 PAGE 6 watershed. It has been determined that site specific flood and erosion control facilities will not be required on this site. However, downstream controls and/or easements should be in place before development of this plan. The Authority provided no objection to the approval of the application subject to a number of conditions . 7 .8 The Canadian Pacific Railway has provided comments in opposition to the application. However, should the application be approved they have requested a number of conditions be imposed at Draft Approval . This includes a berm, or combination berm and noise attenuation fence; clauses registered on title and included in the purchase and sale agreements of specified dwellings warning of the noise and vibration; minimum dwelling setback of 30 metres; and various conditions with respect to the construction of the proposed dwellings . 7 . 9 The Ministry of the Environment has reviewed the noise study prepared by Marshall Macklin Monaghan Limited (July 1990) and found it to be consistent with provincial policy on noise. The Ministry has provided no objection to draft approval of the application subject to conditions of approval . 7 . 10 The Ministry of Natural Resources has reviewed the revised proposal and advised their original comments remain applicable (May 1988) . At that time they provided no objection subject to conditions . These include placing the open space block (Block 90) in an 'EP' zone; submit lot grading, surface drainage and erosion control plans acceptable to the Ministry prior to any on site works; the owner agrees to undertake all works as per the approved drawings; and that details be submitted regarding alterations to the Soper Creek tributary. 7 . 11 Regional Public Works have commented that the servicing proposals are generally acceptable to the Regional Public Works Department. ' I ,_1 . . . 7 REPORT NO. : PD-2-91 PAGE 7 However, the subject plan proposes a density of approximately 60 persons per Ha. , whereas the Regional sewerage plan data provides for a maximum density of 50 persons per Ha. The applicant should liaise with the Region to have this matter addressed. 8 STAFF COMMENTS 8 . 1 The plan of subdivision proposes to create 161 residential units with two access points to Regional Road 14 . Staff have some concern with respect to the proposed southern access to Liberty Street due to the proximity to the railway underpass and improper alignment with existing roads (Third Street and Sunset Road) on the west side of Liberty Street. This issue will be reviewed further in conjunction with the Regional Public Works Department. 8 .2 The subject application abuts a proposed plan of subdivision to the north ( 18T-90036 ) and a Draft Approved Plan of Subdivision to the east ( 18T-89064) . The road links between this plan and the proposal to the north are not consistent and will require amendment to one if not both plans. The subject application appears consistent with the plan to the east, although a minor adjustment to the lot depth of lot 41 may be required in order to ensure the proper alignment of street 'B' east of the subject site. 8 .3 The applicant is aware of the Community Services Department's concern regarding a parkette and is currently attempting to resolve the park requirement issue. The plan has a good mix of units, proposing singles abutting existing singles on Liberty Street, semi-detached/link units generally buffering between the singles and the townhouse units, and the townhouse units are predominantly located on a single sided road without having residential units backing onto the railway tracks. _ . . . 8 i i REPORT NO. : PD-2-91 PAGE 8 9 CONCLUSION 9 . 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 Franklin Wu, M.C. I .P. Lawrence Kotseff DIrector of Planning Chief A i istrative and Development Officer CP*FW*cc *Attach 19 December 1990 Attn: John Kennedy Marshall Macklin Monaghan Limited 275 Duncan Mills Road DON MILLS, Ontario M3B 2Y1 Attn: Bob Schickedanz Schickedanz Bros . Limited 3311 Bayview Avenue Suite 105 WILLOWDALE, Ontario M2K 1G4 I _DRAFT PLAN �` y A 18T-87057 OF -SUBDIVISION_ j ` a N•T .�7 PART OF LOTS 4, 5 AND 9 n PART OF THE UNNAMED LANE ACCORDING TO CG HANNING'S Pt AN BEING PART OF LOT 10 CONCESSION 2 TOWN OF NEWCASTLE REGIONAL MUNICIPALITY V Y OFDURI" � 'VACANT LAND �ADDITIONAL INFORMATION REQUIRED ` 17 UNDER SECTION 50(2)OF THE PLANNING ACT 1981 I � O NOS I a 4 t .. 4.� _ • IN Y ��w � M..r.y . 1 I � T IN 7J �a- � �I • •� 1.1 r..aw wry ...0+u+.�r rr.w r r.uur.l -s_J- _ I I= �T 1 1 • t 111 ra _twM 1�+ I 111 w ���w wr•♦rar s — Li I i w roa .w c U > Hr PLAN ,. 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