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HomeMy WebLinkAboutPD-36-91 i +' """�"'" TOWN OF NEWCASTLE '� REPORT 1 File # � C' N: DEV89034 .GPA Res. # By-Law # P U B L I C M E E T I N G MEETING: General Purpose and Administration Committee DATE: Monday, February 4, 1991 REPORT #: PD-36-91 FILE #: DEV 89-34 (X-REF OPA 89-19/D/N AND SUBJECT: 18T-89019 ) REZONING APPLICATION - MASTHEAD INTERNATIONAL PROPERTIES LTD. (837842 ONTARIO LTD. ) PART LOT 11 & 12, CONCESSION 1, FORMER TOWN OF BOWMANVILLE FILE: DEV 89-34 (X-REF OPA 89-19/D/N & 18T-89019) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-36-91 be received; 2 . THAT the revised application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by The Butler Group Inc . on behalf of Masthead International Properties 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 Owner: 837842 Ontario Ltd. 1 .2 Applicant: Masthead International Properties Limited 1. 3 Agent: Butler Group Inc . 1. 4 Official Plan Amendment: from "Open Space" , "Hazard Land" and "Industrial" to an appropriate designation to permit the development associated with proposed Plan of Subdivision 18T-89019 . . . . .2 REPORT NO. PD-36-91 PAGE 2 1. 5 Rezoning Application: from "Environmental Protection (EP) " , "Urban Residential Type One - Holding ( (H)Rl) " and "General Industrial Exception (M2-1) " to an appropriate zone to implement the 409 unit proposed Plan of Subdivision ( 18T-89019) . 1 . 6 Plan of Subdivision: 16 single family dwelling lots, 96 semi- detached/link dwelling units, 7 townhouse units, 390 apartment units distributed over five (5) blocks, and two (2 ) blocks of retail commercial totalling 1100 sq.m. of floor space. 1. 7 Land Area: 33 .2 Ha (82 .0 acre) 2. LOCATION 2 . 1 The subject property is located in Part Lot 11 and 12, Concession 1, former Town of Bowmanville. Specifically the lands are north of Baseline Road, east of Spry Avenue, west of Hunt Street and the Canadian Pacific Railway spur line, and south of the Goodyear plant and associated land holdings . The predominant feature of the lands is the Bowmanville Creek which traverses the property from the north west corner to the south west corner. 3. BACKGROUND 3 . 1 The application for zoning by-law amendment was originally received by the Town of Newcastle Planning and Development Department on March 8, 1989 . Subsequently, on March 16, 1989, the Town Planning Staff were advised by the Regional Planning Department of related applications for amendment to the Durham Regional Official Plan and the Town of Newcastle Official Plan (89-19/D/N) , as well as an application for proposed Plan of Subdivision ( 18T-89019) . . . . .3 REPORT NO. PD-36-91 PAGE 3 3. 2 The subject applications were circulated concurrently to various technical agencies for comment. A public meeting in accordance with the requirements of the Planning Act was scheduled and held on June 19 , 1989 . The public meeting was well attended by area residents advising of their concerns with respect to density, lot sizes, access to the site, development of environmentally sensitive lands and proximity to the Goodyear plant. Similar issues and concerns were noted by commenting agencies . 3 . 3 In response to the concerns and objections presented by the residents and commenting agencies the applicant substantially revised the application and a subsequent public meeting was scheduled and held on March 5, 1990 . Again there was opposition from area residents, as well as some concerns from the circulated agencies . These comments have led to a subsequent revision by the applicant. Staff in reviewing this amended proposal believe that the changes are significant enough to require a further public meeting. 3 .4 In February of 1990, the applicant requested the Ministry of Municipal Affairs refer the subject Official Plan Amendment to the Ontario Municipal Board. Similar letters requesting referral of the Zoning By-law Amendment application and proposed Plan of Subdivision were forwarded to the Region of Durham and the Town. In October of 1990, letters from the applicant's solicitor were received advising that the referrals were being withdrawn. 4 EXISTING AND SURROUNDING USES 4 . 1 The existing site currently houses two dwellings and three accessory structures . The lands were previously used as a cattle farm. The property is traversed by the Bowmanville Creek from the northwest corner to the southeast corner. 4 .2 Surrounding land uses are as follows: South: Baseline Road, vacant land and Highway 401; . . . .4 l 1 ii REPORT NO. PD-36-91 PAGE 4 East: Canadian National Railway spur line and existing established residential community; North: lands owned by Goodyear Canada Inc, containing the main plant and the currently vacant reclaim plant; West: Spry Avenue and existing established residential development. 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 Spry Avenue and Baseline Road frontages as well as at the Nelson Street access to the subject lands . In addition, the appropriate notice was mailed to each landowner and tenant within the 120 metre prescribed distance. As of the writing of this report no letters of objection or concern with regards to the latest revision to the applications have been received, although telephone and phone enquiries have been received. 5 . 2 It is noted that a number of letters of objection remain on file with respect to the development of the subject lands, including letters from Goodyear Canada Inc . 6 OFFICIAL PLAN POLICIES 6 . 1 Within the Durham Regional Official Plan the subject property is designated "Industrial" in the north-east quadrant, "Residential" in the south-west quadrant and "Major Open Space" with "Environmentally Sensitive Areas" for the majority of the lands extending from the north-west corner to the south-east corner. The proposed single and semi-detached/link units would appear to comply with the Official Plan as they are within the "Residential" designation fronting on Spry Avenue. 6 .2 Within the Town of Newcastle Official Plan the subject property is designated "Low Density Residential" , "Industrial" and "Major � � . . . .5 REPORT NO. PD-36-91 PAGE 5 Open Space" with "Hazard Lands" and "Environmentally Sensitive Areas" , in keeping with the Regional Official Plan. The subject lands are considered to be completely outside of Neighbourhood " 1A" to the east, and marginally within Neighbourhood 113A" to the west. The Official Plan Amendment must therefore consider the reconfiguration of the adjacent neighbourhoods as well as a revision to the respective population targets . 6 . 3 The application is proposing to redesignate the industrial lands and a portion of the "major open space" and "hazard lands" in the north-east quadrant to permit the development of a convenience commercial establishment with second floor townhouse units, a mixture of single family dwellings and semi-detached link units, as well as 262 apartment units . The "major open space" and "hazard lands " designation in the south-west quadrant is proposed to be amended to permit the development of 128 apartment units and 650 sq. m. of retail commercial floor space. 6 .4 The Town's policies require an environmental impact analysis for development of any lands identified as environmentally sensitive. The study is to be done to the satisfaction of the Town, the Region, the Conservation Authority and the Ministry of Natural Resources . Hazard lands shall be primarily for the preservation and the conservation of the natural land and/or environment. The extent and exact location of such designation shall be identified in the zoning by-law in accordance with detail floodline, soil and contour mapping in consultation with the Conservation Authority. 7 ZONING 7 . 1 The current zoning on the subject property is "General Industrial Exception (M2-1) 11 , "Environmental Protection (EP) " and "Urban Residential Type One - Holding ( (H)Rl) " . The residential and commercial development proposed is not recognized as a permitted use within the "M2-1" or "EP" zones . The 11 (H)R1" zone is located . . . . 6 I REPORT NO. PD-36-91 PAGE 6 along the Spry Avenue frontage of the property and would permit the development of single detached dwellings and semi-detached dwellings on 15 . 0 metre and 18 .0 metre frontages respectively, subject to removal of the "holding (H) " prefix. The application proposes to develop a mixture of 12 . 0 metre minimum frontage singles and 18. 0 metre minimum frontage semi-detached/ link dwellings in this vicinity. The proposal does not comply to the current zoning. 8 AGENCY COMMENTS 8 . 1 In accordance with departmental procedure the subject revised application was circulated to a number of agencies and departments for comment. To date comments remain outstanding from Regional Public Works . 8 . 2 The Town of Newcastle Public Works Department has advised that their previous comments regarding flooding in the valley remains unchanged. The applicant has been requested to prepare and submit a traffic report to the satisfaction of the Director of Public Works . Concern was noted with respect to the substandard road allowances on Ann Street, Park Street, and Nelson Street at the proposed accesses to the development. Intersection improvements have been requested at various points of the development, road widenings and sight triangles were also requested in specific locations. The Public Works Department further advised that the proposed development is based on the assumption that the Regulatory Flood is being reduced from the Regional Flood to the 1: 100 year event. The Public Works Department are not at this time in support of any reduction in the Regulatory Flood. It is noted that the applicant has been working with the Public Works Department to address all the above-noted concerns, some of which have been resolved. . 7 REPORT NO. PD-36-91 PAGE 7 8 . 3 The Community Services Department has advised that based on the units proposed, a park dedication of 1 . 81 Ha. would be justified. In addition, 0 . 04 Ha of land is required in relation to the commercial development. The total land dedication will be required as cash-in-lieu of parkland. The Community Services Department will also require Block 72 (Open Space) be accepted gratuitously. The master planning and development of Block 72 is to be to the satisfaction of the Director of the Community Services and shall include a wet pond stream and fisheries enhancement and raising. The developing of Block 72 shall take place prior to receiving 25% of the building permits for the subject lands . 8 .4 The Fire Department advised that such a large development may put a strain on the level of existing services . No other concern or issues were noted. 8 .5 The Ministry of the Environment Staff 's most recent comments advise that the proposal be revised to reflect a 150 m (500 ft) separation from the Goodyear 'useable' lands . The comments further advise that a proposed berm is not acceptable method of reducing the setback. The berm may reduce negative visual impacts, however has no effect on odours associated with industrial operations . It was noted the application proposes an apartment building adjacent to the Goodyear lands . The Ministry advises that distance is the most effective manner in which to abate noise problems . 8 . 6 The Ministry of Natural Resources provided comments advising that they now request deferral of comments on said plan and advise the Town to disregard all previous comments . The correspondence details the significance of the Bowmanville Creek for a variety of fish species . The Ministry requests proper stormwater management and erosion and sediment control measures be placed on site by the proponent. The Ministry will not provide comments .8 REPORT NO. PD-36-91 PAGE 8 until a preliminary stormwater management drainage and erosion control report is prepared to the satisfaction of the Ministry and the Conservation Authority. 8 .7 The Canadian National Railway has provided comments with regards to the most recent revision to the rezoning proposal and remain in objection to the application. Residential uses are not considered compatible adjacent to railway operations . They advise that should the application be approved the "safety component" of their residential standards be addressed. This would require a 2 . 0 metre high berm, a 15 . 0 metre dwelling setback from the R.O.W. and a 1. 83 metre high chain link fence adjacent to the Bowmanville Town Spur line. 8 . 8 The Central Lake Ontario Conservation Authority has provided comments based on the revised applications as well as the July 1990 Floodplain Analysis report. The Authority Staff note that similar to their January 1990 comments they can not support the proposed application. Authority Staff have identified numerous lots and blocks which are prone to regional storm flooding. The comments advise that the floodplain report utilized a regulatory flood elevation lower than that portrayed on Central Lake Ontario Conservation Authority mapping. The Authority recommends the adopted floodplain mapping form the basis of any modifications . Conservation Authority Staff further advise that the removal of fill to compensate for the loss of flood storage does not satisfy Central Lake Ontario Conservation Authority criteria for such an alteration. Authority Staff also reviewed a Resource Management Plan prepared for the subject site. One of the principles of said report is to maintain and enhance forest cover within the creek valley. The Floodplain Analysis report as noted above, proposes that fill removal be carried out in these same areas . The two plans (Resource Management and Floodplan Analysis) appear to be -) . . . . 9 REPORT NO. PD-36-91 PAGE 9 providing conflicting recommendations . In addition, much of the floodplain and part of the tableland proposed for development are indicated as public open space in the Authority' Bowmanville Valley Conservation Area Master Plan. The Conservation Authority Board is the only body empowered to grant adjustments to this master plan. 8 . 9 Both the Public School Board and the Separate School Board provided comments of no objection in response to the proposed applications . 9 STAFF COMMENTS 9 . 1 The subject application has again been revised significantly since the previous public meeting. The number of units has decreased from a potential 618 to a potential 555, although 48 of these units are within a block indicated to be reserved for future development (abutting Goodyear) . The density of the subject proposal is 55 . 7 units per net ha. , including the block for future development, and 61.5 units per net ha, if said block is excluded. 9 .2 The applicant has prepared a neighbourhood unit breakdown for the lands north of Baseline Road, west of Liberty Street and south of Queen Street. Staff is currently evaluating this information in order to determine the appropriate overall density for the neighbourhoods . This information will be further reviewed and discussed with the applicant. 9 . 3 Access to the eastern quadrant of the development is proposed to be restricted to the extension of Nelson Street, Park Street, and Ann Street. Access to the site from Durham Street to the north was dependent on acquisition of a small parcel of land from Goodyear and this does not appear possible at this time. Access to the site from Albert Street is not possible due to the restriction of grades associated with the C.N.R. spur line. The . . . . 10 REPORT NO. PD-36-91 PAGE 10 access to the site via the Nelson Street extension is conditional on the applicant's ability to acquire lands from C.N.R. As well, the traffic study will assist in determining the need for road widenings on adjacent streets . 9 .4 A number of concerns and issues have been identified by the commenting agencies which appear to require further design revisions . This would include the Canadian National Railway's comments with respect to a berm and 15 . 0 m dwelling setback from the right of way. The proposed 25 .5 m. lot depth abutting the spur line would not appear sufficient to allow proper development if a 6 . 0 m. front yard and 15 . 0 m. rear yard setback are considered. 9 . 5 Ministry of the Environment requirements for a 150 m. setback from the "industrial use" area as defined by the zoning by-law ( 150 m setback from the required 7 .5 m setback from the property line of the industrial lands) is illustrated on the subdivision submission. All structures to be used for residential purposes shall be south of this point. Staff are concerned with the ability to develop Block 70 in a functional manner, while maintaining the 150 m setback and the minimum residential building setback requirements for block 70 . 9 . 6 In addition to the above design comments, the Conservation Authority has identified several key issues with respect to regulatory floodplain requirements . These must be resolved prior to further processing of the applications . In addition, Central Lake Ontario Conservation Authority noted concern with the possibility of a cut and fill program proposed for the development, and how that relates to their Bowmanville Valley Conservation Master Plan. Staff also have a concern in this respect, as the Town is currently undertaking a Recreation/Leisure Master Plan, which will be reviewing the significance of this valley system and the level of development that it should sustain. REPORT NO. PD-36-91 PAGE 11 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 issues or area of concern regarding the subject application. It is recommended that the application be referred back to Staff for further processing and subsequent report upon resolution of the above issues and receipt of all outstanding comments and required revisions . Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. Lawrenc Kotseff DIrector of Planning Chief A nistrative and Development Officer CP*FW*cc *Attach 29 January 1991 Interested parties to be notified of Council and Committee's decision: Mr. & Mrs . P. Edwards Bowmanville Creek Anglers Assoc. 28 Carruthers Dr'. David Lawson Bowmanville, Ont L1C 3S2 Box 296 Bowmanville, Ont. L1C 3K9 The Butler Group Inc. Att: D. Butler Kathy Riley 18 Madison Ave. Suite 300 36 Hillier St. Toronto, Ont. M5R 2S1 Bowmanville, Ont. L1C 3S4 837842 Ontario Limited Brian Long 145 Front Street East 15 Spry Ave. Toronto, Ont M5A 1E3 Bowmanville, Ont L1C 3T2 , Stole Homes Janise Clarke Att: J. King 152 Baseline Rd. 9050 Yonge St. , Suite 400 Bowmanville, Ont L1C 3K2 Richmond Hill, Ont L4C 9S6 Carol St. Cyr John Willowby 39 The Bridle Path 7 Spry Ave. Bowmanville, Ont. L1C 3W1 Bowmanvillew, Ont. L1C 3T2 Mrs . Potter 48 Hunt St. Bowmanville, Ont. I -� SUBJECT- SITE LANDS TO BE REZONED LOT 13 LOT 12 LOT 11 sTM1cE AV[ 4 R1 0: r EP . R C> Cl LIT lE Av[ w JT�T "WE" h � z r►M C ( O m +[ Cf) Rl � � ' w� � w o R1 � z w R-3 W W ; > I �.._ J J d, cn 3 1 >- SPRY AVE. C7 ' PAFW ST, W CARRUTHERS DR m � i J Aw* ST R1 ' LOSCOMBE �R I H) EP RM1E ST i 1 R1 I BASELINE ROAD 11 C7-1 �C5 � � I o so goo zw -ROOM KEY MAP Dev. 89-34 ORA 8 9- 19/D/N + i 18T 89019 FUTURE DEVELOPMENT Rz lyx r ' l s APARTMENT - TOWNHOUSES BLOCK 7 UNITS PLUS 100 UNITS �� M- 450 SQ/M COMMERCIAL . i F_ LOOR AREA (. APARTMENT BLOCK 82 UNITS APARTMENT BLOCK � 80 UNITS lo � 1 SINGLE FAMILY � 4 DETACHED a ' 16 SEMI-DETACHED/ LINK UNITS APARTMENT r-I SINGLE FAMILY - BLOCK o 12 DETACHED & J 64 UNITS 80 SEMI-DETACHED/ LINK UNITS L rL f = _ G 1` o C esaxt�a I it - APARTMENT BLOCK 64 UNITS PLUS 650 SQ/M COMMERCIAL FLOOR AREA Dev. 89-34 , O.P.A. 89-19/D/N 18T-89019 � 2