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Home My WebLink AboutPD-8-91 TOWN OF NEWCASTLE % } ` REPORT File # r N: ZYGOCKI .GPA Res. # By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, January 7, 1991 REPORT #: PD-8-91 FILE #: DEV 90-009 (X-REF 90-016/N) ACT: REZONING & OFFICIAL PLAN AMENDMENT APPLICATION - ZYGOCKI PART LOT 13, CONC. 1, FORMER TOWN OF BOWMANVILLE, QUINN DRIVE FILE: DEV 90-009 (X-REF 90-016/N) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-8-91 be received; 2 . THAT the Official Plan Amendment application submitted by Michael Zygocki Limited on behalf of Pedan Enterprises Ltd. and D'Angelo (P&G) Homes Limited, to amend the Town of Newcastle Official Plan from Low Density Residential to Medium Density Residential be recommended for approval to the Region of Durham, in order to permit the development of 17 townhouses . 3 . That rezoning application Dev 90-009 submitted by Michael Zygocki Limited on behalf of Pedan Enterprises Ltd. and D'Angelo (P&G) Homes Limited, to permit the development of 17 link townhouses be APPROVED. 4 . THAT the amending by-law be passed at such time as the applicant has entered into a site plan agreement with the Town and the Official Plan Amendment has been approved by the Region of Durham and the Minister of Municipal Affairs . 5 . THAT the Region of Durham Planning Department and those persons listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1 . 1 Applicant: Michael Zygocki Limited 1 .2 Owner: Pedan Enterprises Ltd. and D'Angelo (P & G) Homes Limited. . . . .2 REPORT NO. PD-8-91 PAGE 2 1. 3 OPA: From - "Low Density Residential" To "Medium Density Residential" to permit the development of 17 townhouses . 1. 4 Rezoning: From - "Urban Residential Type One (Rl) " to "Urban Residential Type Three (R3) " . 1.5 Area: 0 .48 ha ( 1. 18 acres) 2 . LOCATION 2 . 1 The subject property is located in Part Lot 13, Concession 1, former Town of Bowmanville. This parcel is further defined as being located on Quinn Drive directly east of the existing retail/commercial plaza fronting on Waverly Road. 3 BACKGROUND 3. 1 On January 24, 1990, the Town of Newcastle Planning Department received an application to amend the Town of Newcastle Comprehensive Zoning By-Law 84-63 as amended, to permit the development of 18 townhouse units. 3 .2 On February 23, 1990, the Town of Newcastle was notified by the Region of Durham that an Official Plan Amendment application had been submitted by Michael Zygocki Limited. 4 EXISTING AND SURROUNDING USES 4 . 1 Existing Uses : Vacant 4 .2 Surrounding Uses : East - Existing walkway and semi-detached/link dwellings West - Existing Retail Plaza South - School/Park North - Hydro Corridor (width 18 m (60 feet) ) and Existing Single Family Dwellings . . . . . 3 REPORT NO. PD-8-91 PAGE 3 5 OFFICIAL PLAN POLICIES 5 . 1 The subject property is designated "Residential" in the Durham Region Official Plan, and "Low Density Residential" in the Town of Newcastle Official Plan. The maximum permissible density as dictated in the "Low Density Residential" designation is 30 units per net residential hectare. This particular application, with 18 units, would have a density of 37 .5 units per gross hectare. If however, the development is reduced to 17 units, then the density will become 35 .4 units per gross hectare. 6 ZONING BY-LAW PROVISIONS 6 . 1 According to the Town of Newcastle Comprehensive Zoning by-law 84-63, the subject property is zoned "Urban Residential Type One (R-1) " . The "R-1" zone does not permit the development of link townhouses . The "Urban Residential Type Three (R-3) " zone allows the development of this type of proposal. The following table compares the various requirements under the R3 zone with those proposed. TABLE 1 By-law 84-63 Proposal based R3 Provisions on 17 units Density (maximum) 40 units/ha 35 .4 units/ha Lot Frontage 13.5 m 45.6 m Front Yard 6 m 6 m Interior Side Yard 4 . 5 m 7 .5 m Rear Yard 7 .5 m 7 .5 m Dwelling Unit Area (minimum) 85 m2 92 .9 m2 Lot Coverage (maximum) 40 % 23 % Landscaped Open Space 40 % 48. 3 % . . . .4 REPORT NO. PD-8-91 PAGE 4 7 PUBLIC MEETING AND SUBMISSION 7 . 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. 7 .2 A Public Meeting was held on March 19, 1990 in order to fulfil the requirement of the Planning Act. At this meeting, an area resident presented a petition signed by 148 households (233 residents) in objection to this proposed development. The resident noted the following as concerns that the community has in regard to this application: traffic congestion; noise, air pollution; health hazards generated by garbage; and available capacity within the area schools . 8 AGENCY COMMENTS 8 . 1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies . The following departments/agencies in providing comments, offered no objection to the application as filed: Town of Newcastle Fire Department Newcastle Hydro Electric Commission Peterborough-Victoria-Northumberland and Newcastle Roman Catholic Separate School Board Bell Canada 8 .2 The Town of Newcastle Community Services Department has no objection to this proposal, however, they do request that cash- in-lieu of parkland be accepted on the basis of 1 ha per 300 dwelling units . 8 . 3 The Town of Newcastle Public Works Department had no objection to the application provided that the submission of a Master Drainage and Lot Grading Plan is submitted and the Public Works Department is satisfied financially and otherwise. ) ,, . . . .5 REPORT NO. PD-8-91 PAGE 5 8.4 The Central Lake Ontario Conservation Authority has no objection to the Rezoning and Official Plan Amendment provided that permits are obtained from the Conservation Authority prior to any filling or grading on site. 8.5 The Region of Durham Planning Department has requested that if and when this application is approved, the by-law not be passed until such time as the Official Plan Amendment has received ministerial approval. 8 . 6 The Northumberland and Newcastle Board of Education commented that this application would generate approximately 6 students who will attend Waverly Public School. This school is presently over capacity. It was noted in their comments that the Board of Education has planned to expand their facilities in this area. 9 STAFF COMMENTS 9 . 1 Previously, in the Bowmanville Official Plan, a High Density designation was located in the vicinity of the subject site. In 1982, a rezoning application was submitted by D'Angelo Homes proposing a residential apartment building. Council resolution #C-901-82 recommended that this application "be denied, as high density residential is incompatible with the surrounding residential area" and that "Council immediately request the Minister of Municipal Affairs and Housing to modify the Bowmanville Urban Area Plan to permit only low density (single and semi-detached) units on the Quinn Drive Site. " As a result, the Official Plan was revised to permit Low Density Residential development. 9 . 2 Staff note that the applicant has submitted an Official Plan Amendment requesting that the Plan be amended to permit Medium Density Development in the form of 18 Link Townhouses . 9 . 3 The subject site is somewhat separated from existing residential since the site is bounded by a 18 m (60 ft. ) hydro . . . 6 REPORT NO. PD-8-91 PAGE 6 corridor to the north, a 4 . 5 m ( 15 foot) walkway to the east, Waverly Public School and playing field to the south, and a commercial plaza to the west. The residential properties located on the east side of the walkway are semi-detached units and the distance separating existing structures and proposed would be a minimum of 13 . 3 m (43 . 5 ft. ) . The residences located north of the hydro corridor are single family dwellings and are separated from this proposal by a distance of 33 . 3 m ( 109 .2 ft. ) . 9 .4 In regard to the citizens concerns, Staff note that comments have been received from the Public School Board regarding capacity and it was noted that there are currently plans to expand school facilities in this area. With respect to the question of health hazards created as a result of increased garbage, Staff would note that the refuse containers would be fully enclosed within a brick structure. This aspect will be implemented through the Site Plan process . Staff note that this proposal is for residential use and Staff do not foresee any problems arising regarding noise and/or air pollution. The site is located in close proximity to Waverly Road. Waverly Road is a collector road and it is anticipated that traffic from this development will travel to and from Waverly Road. 9 .5 Subsequent to review of the proposed site plan, it is noted that parking for Unit #6 cannot be provided adjacent to this unit, therefore Staff recommend that this unit be eliminated. The removal of Unit #6 would create a better visual and pedestrian access into the northern most portion of the property if this area is to be used as an amenity area for the residents of the development. It is for this reason that we are recommending the number of units be reduced from 18 to 17 unit townhouses . Also, Staff are requesting that the applicant provide additional landscaping and appropriate buffering on the site including privacy fencing around the site. This condition can be implemented during site plan approval . . . . . 7 REPORT NO. PD-8-91 PAGE 7 9 . 6 The irregular shape of the site is such that the development of single family dwellings or semi-detached dwellings would not be appropriate, and that a townhouse development would be much more conducive to the particular size and shape of this property. As noted previously, the density of 17 townhouses on this site would be 35 .4 units per hectare. This is only a slight increase above the maximum permissible density (30 units per hectare) within a low density designation. In addition, the applicant has also exceeded most of the minimum requirmeents of the "R3" zone as dictated in the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended. Also, Current Ministry of Housing Guidelines and the Official Plan policies advocate that a mix of housing should be introduced into existing and proposed neighbourhoods . This proposal provides a mix of housing in a predominantly low density residential area. In regard to the above comments, and the fact that the site is somewhat removed from the surrounding residences, Staff is of the opinion that the development of 17 townhouses is compatible with the surrounding uses . 10 CONCLUSION 10 . 1 In regard to the above, Staff would have no problem supporting this proposal provided that the changes requested by Staff are provided. 10 .2 Staff note that if approved, the by-law will not be forwarded until such time as the Official Plan Amendment has Ministerial Approval and the Site Plan Agreement has been signed. REPORT NO. : PD-8-91 PAGE 8 Respectfully submitted, Recommended for presentation to the Committee ' ,.il,.r _kj �, a 'i f ou 1 Franklin Wu, M.C. I .P. Lawrencb E. Kotseff Director of Planning Chief A inistrative and Development Officer HM*FW*cc *Attach 18 December 1990 Interested parties to be notified of Council and Committee's decision: Michael Zygocki Limited c/o Pedan Enterprises Ltd. and D'Angelo Homes Ltd. 378 King Street Oshawa, Ontario L1J 2J9 Olaf Bollmann Mace Armstrong 49 Hetherington Drive 37 Hetherington Dr. Bowmanville, Ontario Bowmanville, Ontario LlE 1N2 L1C 3R2 Mr. & Mrs . M Gackstetter Brian Stichbury 45 Hetherington Dr. 36 Hetherington Dr. Bowmanville, Ontario Bowmanville, Ontario L1C 3R2 L1C 3R4 Mr. Andrew Walker Rita Brownlie 41 Hetherington Dr. 39 Hetherington Drive Bowmanville, Ontario Bowmanville, Ontario L1C 3R2 L1C 3R2 Steven Racz Anna-Marie Hopka 43 Hetherington Drive 43 Hetherington Drive Bowmanville, Ontario Bowmanville, Ontario L1C 3R2 L1C 3R2 Bob Mongrain 32 Quinn Drive Bowmanville, Ontario L1C 3T1 i ® SUBJECT SITE LO T 14 LOT 13 LOT 12 Rl (H)R4 0 EP L(T?LE AVE t` O Z (H)R1 w Q OLAWRENCE } o CRE i W � R1 N cl e Z UIN � Of ROSAI < M Rl cn R1 a �' I W R-3 R-3 M2-1 Z 0 POSER ` SPRY AWE P ° CAARUTHERS OR ` � CC 1 OR. LOSGONBE -A POSER ORES , (H) a ' (H) M1-4 MI-3 cT R1 BASELINE ROAD 0 5o ao 2w 300.E KEY SAP so. -" * 'I Dev. 90 009 ) oo PLAN SHOWING r+ / PA PROPOSED TOWNHOUSE COMPLEX ON PART BLOCK I REGISTERED PLAN N= 702 TOWN OF BOWMANVILLE,now In ine TOWN OF NEWCASTLE REGICNAL MUNICIP4LITY OF DURHAM C F LF-EISCHOMANN C S X930 VE WC -- d�.�w 3 —— N COVER-SE OF BUILDINGS }" ° ° N � � � \t ♦ r� \ LANDSCAPED OPEN SPLCE " RE /S ERED 702 ,Fi } STnIRS PLAN �- i W- c+ x C\ ItJ' r. 4 e 5 PRESENT R-I ♦ ZONING / /dip ♦ �h« �/ J� 4 _ .�PROPOSED ` - C ZONING vo QUINN 1 9 � c+Ee �J O rOyi4 �'J PROPOSED TOWNHOUSE COMPLEX by MICHAEL ZYGOCKI LTD + ` 378 c+NG STREET WEST \\\/ OSN+++a ELU 1 1 1 D0IEVAN & FLEISCHMANN CO LTD ONTARIO LAND SURVEYORS + 11 0,nRIO STNEEI PICKER+NG CORP CENTRL OSNiwa LIG 06 PICKER04G LI43P2 +v000r ® SUBJECT SITE' LOT 35 LOT 34 LOT 33 LOT 32 I N Al Z 1 I 0 A 4 1 y�� w V Z. h'/Gyw Z 3 qr VR 8 KURVE INN w AD cr J V J U w Ep J co I olu HWY. i ° 401 � 0 O --- C.N.� cn � l v Z I 1 A ° EP 0 50 100 200m KEY MAP � 0 � O.P.A. 90-079/D b