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.
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Dev. 89-34
ORA 8 9- 19/D/N
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18T 89019
FUTURE
DEVELOPMENT
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APARTMENT - TOWNHOUSES
BLOCK 7 UNITS PLUS
100 UNITS �� M- 450 SQ/M
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APARTMENT
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82 UNITS
APARTMENT
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80 UNITS
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16 SEMI-DETACHED/
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LINK UNITS L rL
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64 UNITS PLUS
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FLOOR AREA Dev. 89-34 , O.P.A. 89-19/D/N 18T-89019
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