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Home My WebLink AboutPD-39-91 l-' TOWN OF NEWCASTLE y REPORT File DN: DEV 89-75 .GPA Res. # 1 n -�. By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, February 4, 1991 REPORT #: PD-39-91 FILE #: DEV 89-075 (X-REF 89-069/N) SUBJECT: REZONING SITE PLAN AND OFFICIAL PLAN AMENDMENT APPLICATIONS UNITED COUNTIES HOLDINGS LTD. - 15 CHURCH STREET PART LOT 10, CONC. 1, FORMER TOWN OF BOWMANVILLE FILE: DEV 89-075 & 89-069/N RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-39-91 be received; 2 . THAT the Official Plan Amendment application submitted by Walter Frank on behalf of United Counties Holdings Ltd. , to amend the Town of Newcastle Official Plan to permit the development of a parking area for the associated proposed office/commercial use be recommended for DENIAL to the Region of Durham. 3 . That rezoning application Dev 89-075 submitted by Walter Frank on behalf of United Counties Holdings Ltd. , to permit the development of a parking area for the associated office/commercial use be DENIED. 4 . 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: Walter Frank 1 .2 Owner: United Counties Holdings Ltd. 1.3 Rezoning: From - "Urban Residential Type One (R 1) " to a zone appropriate to permit the development of a parking area for the associated office/commercial use. . . . .2 REPORT NO. PD-39-91 PAGE 2 1 .4 Official Plan Amendment: From "Low Density Residential" to "Commercial" to permit the development of a parking area for the associated proposed office/commercial structure. 1.5 Area: 1023 .3 square metres 2 . LOCATION 2 . 1 The subject property is located in Part Lot 10, Concession 1, former Town of Bowmanville. This parcel is further defined as being located on the south-west corner of Church Street and Lambert Street. The site requiring the rezoning and Official Plan amendment can be further defined as 15 Church Street. The abutting parcel to the south forming part of the overall proposal is known as 196 King Street East. This parcel presently possesses the appropriate zoning and designation to allow development of an office/commercial complex. 3 BACKGROUND 3 . 1 On June 15, 1989, the Town of Newcastle Planning Staff received an application for site plan approval in conjunction with an application to amend the Town of Newcastle Comprehensive Zoning By-Law 84-63, as amended. On June 29, 1989, the Planning Department received notification that an application to amend the Town of Newcastle Official Plan was submitted to the Durham Region Planning Department. 3 .2 The application was originally submitted by Michael Baratz on behalf of United Counties Holdings Ltd. Subsequently, Walter Frank has replaced Michael Baratz as the applicant for this proposal. 3 . 3 The applicant wishes to develop an office/commercial complex on the lands known as 196 King St. E. However, the applicant requires the 15 Church Street property to be redesignated and . . . . 3 ) d L REPORT NO. PD-39-91 PAGE 3 rezoned in order to provide the parking facilities for this proposed use. 4 EXISTING AND SURROUNDING USES 4 . 1 Existing Uses: Single family dwelling 4 .2 Surrounding Uses: East - Residential units and commercial development on the east side of Lambert Street. West - Residential dwellings South - Single Family Dwelling, proposed office/commercial structure. North - Residential dwellings and Vincent Massey Public School. 5 OFFICIAL PLAN POLICIES 5 . 1 The subject site is located within the Bowmanville Main Central Area and is further defined as being within the "Predominant Use Area - Low Density Residential" . The predominant use of lands designated as such shall be for residential purposes . The development of a parking area for the proposed office/commercial structure would require a "Commercial" designation. It is noted that the Town of Newcastle Official Plan contains the following policy. . . . . . "It is the intent of Council to maintain the character of those lands designated Low Density Residential. . . . . . . . . " 6 ZONING BY-LAW PROVISIONS 6 . 1 The subject property is presently zoned "Urban Residential Type One (Rl) " . In order to permit the development of a parking area, the site requires a rezoning. 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 . . . . .4 REPORT NO. PD-39-91 PAGE 4 In addition, the appropriate notice was mailed to each landowner within the prescribed distance. 7 . 2 On October 23, 1989 , a Public Meeting was held with respect to this proposal. During this meeting, two people spoke out about this application. One person presented a petition containing 158 signatures in opposition to this proposal. Concerns expressed at this meeting included ensuring the safety of the school children walking to and from school, and the potential increase of traffic that could be generated by a proposal such as this . In response, Council approved Committee's recommendation "THAT the Applicant be requested to install sidewalks on the east side of Lambert Street prior to construction and to install sidewalks on the west side of Lambert Street after construction. " and "THAT the Public Works Department Staff review and report on the feasibility of preventing traffic from travelling north on Lambert Street when exiting the parking lot. " 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 Ministry of Transportation 8 . 2 The Town of Newcastle Community Services Department had no objection to this application provided that the applicant/owner provide 2% cash-in-lieu of parkland, and that the site be landscaped appropriately. 8 . 3 The Public Works Department has requested that a 3 . 05 metre road widening along King Street, a 2 . 38 metre road widening on Lambert . . . .5 %ti REPORT NO. PD-39-91 PAGE 5 Street, a 0 . 3 metre reserve on Church Street, and a S .Om x 5 . Om site triangle with a 0. 3 metre reserve, on the corner of Lambert Street and King Street be dedicated to the Town of Newcastle free and clear of any and all encumbrances . In addition, the applicant/owner must contribute to the costs of reconstructing/ upgrading Church Street ($6227 . 86) , that a cash contribution be provided for the construction of sidewalks on Lambert Street, and that a Storm Water Management Plan and Lot Grading Plan must be submitted. At the time of writing this Report, Staff have yet to receive these documents . 8 . 4 The Durham Region Planning Department requested that the amending by-law, if approved, not be passed until such time as the Official Plan Amendment has been dealt with by Town and Regional Council. 8 .5 The Northumberland and Newcastle Board of Education had a concern regarding the safety of children walking to school. The School Board requested that sidewalks be provided on Church and Lambert Streets, and that the development not have access onto Church Street. The preliminary site plans as received show that there will be no vehicle access onto Church Street. 9 STAFF COMMENTS 9 . 1 Staff have reviewed the proposal with respect to the policies in the Town of Newcastle Official Plan and have noted that the subject lands are within the "Predominant Land Use Area - Low I Density Residential" within the Main Central Area of Bowmanville. I Section 7 .2 . 5 .2 . i) e) iii) states that land so designated should be used predominantly for low density residential use. This section also states that the character of those lands designated "Low Density Residential" shall be maintained. I 9 . 2 Staff is of the opinion that the development of a parking lot for the adjoining proposed building would be commercial in nature and . . . . 6 ) ' REPORT NO. PD-39-91 PAGE 6 would not be compatible with the school and surrounding residential uses that are presently fronting onto Church Street. It is Staff's opinion that approval of this proposal could jeopardize future comprehensive development and/or re-development in this area. This particular development is piece-meal in nature and Staff believe that if the south side of Church Street is to be developed commercially, a comprehensive plan for the area must be developed so that any impact with regard to land use compatibility issues can be addressed in a comprehensive manner. 9 . 3 In regard to Council 's request to determine the feasibility of preventing traffic from travelling north on Lambert Street, The Public Works Department put forth a report on June 18, 1990 (WD- 52-90) . In this report it was noted that a new parking lot has been constructed at Vincent Massey Public School hence eliminating problems of congestion created by school buses . This report also concluded that there is no feasible way to prevent traffic from travelling north on Lambert Street without increasing traffic travelling on Church Street. Hence it was recommended that Lambert Street remain as a two-way street. Council adopted Committee's Recommendation # GPA-492-90 on June 25, 1990, stating: "THAT no action be taken regarding the traffic on Lambert Street. " 9 .4 The issue of constructing sidewalks along Lambert Street has become an integral part of this application. Council, citizens, the Northumberland and Newcastle Board of Education and the Town of Newcastle Public Works Department have all requested that the applicant/owner be required to contribute towards the construction of sidewalks . Staff note that a sidewalk has been constructed along the eastern side of Lambert Street, however a sidewalk has not yet been built on the western side of the street. If Council approves this application, the applicant/owner will be required to construct a sidewalk on the west side of Lambert Street between King Street and Church Street. . . . . 7 REPORT NO. PD-39-91 PAGE 7 10 CONCLUSION 10 . 1 In respect of the above noted comments, Staff can not support either the rezoning or the official plan amendment applications, and are recommending that Committee/Council not support this proposal . 10 .2 In the event Committee and Council choose to approve the application, Staff suggest the following words be used: "THAT Report PD-39-91 be received; THAT the Official Plan Amendment application (89-069/N) submitted by Walter Frank on behalf of United Counties Holdings Ltd. to amend the Town of Newcastle Official Plan to permit the development of a parking area for the associated proposed office/commercial use be recommended for approval to the Region of Durham. THAT rezoning application DEV 89-075 submitted by Walter Frank on behalf of United Counties Holdings Ltd. , to permit the development of a parking area for the associated office/ commercial use be APPROVED. THAT the amending by-law be passed at such time as the Official Plan Amendment has received Ministerial Approval and the applicant/owner has entered into a site plan agreement with the Town of Newcastle. THAT the Region of Durham Planning Department and those persons listed in this report and any delegations be advised of Council 's decision. Respectfully submitted, Recommended for presentation to the Committee Fran lin Wu, M.C. I .P. Lawrence E. K seff Director of Planning Chief Admi is ative and Development Officer HM*FW*cc *Attach 23 January 1991 . . . .8 REPORT NO. PD-39-91 PAGE 8 Interested parties to be notified of Council and Committee's decision: United Counties Holdings Limited Nancy MacMaster 115 Simcoe Street South 83 Hobbs Drive Oshawa, Ontario Bowmanville, Ontario L1H 4G7 L1C 3M2 Wayne Christie Stephanie Adams 17 Liberty St. N 21 Church Street Bowmanville, Ontario Bowmanville, Ontario L1C 2L5 L1C 1S4 Strike, Salmers and Furlong 38 King St. W. P.O. Box 7 Bowmanville, Ontario L1C 3K8 � `i t ® SUBJECT SITE ® OTHER LANDS OWNED BY APPLICANT CONCES ION STREET E , R4_I I Ea I N FM—ARCHWOO I I I OWE T R) I CZ I ew0. E R E P Q I 7 z z R1 cn LIBERTY]i R 1 I I •��/� CARLISLE AVE I Q �i /y2 I 1 W I a 'Qic4, R1- a I m I I ,J a `1`� Apr % � I I R3 , EP c, Cl (H) R/ ING 4 R3 R1-3 R1 v r HIC1 - C1 I C1 t cl aocl " a C1-3 cr 1-5 RI-5 C � w NPW' RI TR Q R3;. z a( i 0 JANE Ri s4 � !T OA C2 R 1 0 50 ,00 goo 3w"% KEY MAP 60" � Dev. 89-075 , li tr1 DJ Q/�i T X7 °�YL'/llp II �.a?J It 6 Y D 4 7' 72 CN � PARKING e c; TPAHKINO PROPOSel) Z STOREY OFFICE BLDG. 1L 41 2 G OUT * OUT ' low,0w; rl r74V LAMBERT STREET