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Home My WebLink AboutPD-63-91 REPORT #2 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: JETNY.COU REPORT Meeting: COUNCIL File # Date: Monday, March 25, 1991 Res, # Report#:PD-63-91 File#: LD 441/90 - LD 445/90 By-Law# Subject: LAND SEVERANCE APPLICATION - JETNY HOMES PART LOT 33, CONCESSION 2, DARLINGTON FILE: LD 441/90 TO LD 445/90, INCLUSIVE Recommendations: It is respectfully recommended to Council the following: 1 . THAT Report PD-63-91 be received; 2 . THAT the approval decisions of the Durham Region Land Division Committee of March 4, 1991 on Land Division Applications LID 441/90 to LID 445/90 inclusive be APPEALED to the Ontario Municipal Board; 3 . THAT the Clerk be authorized to lodge the appeal with the Secretary-Treasurer of the Land Division Committee on or before April 3, 1991; 4 . THAT the appeals be withdrawn if the applicant complies with the requirement as stated in Paragraph 5.2 of this report; and 5 . THAT the interested parties listed in this report and any delegation be advised of Council 's decision. 1 . APPLICATION DETAILS 1 . 1 Applicant: Jetny Homes Ltd. 1 . 2 Agent: D. G. Biddle & Associates 1 . 3 Land Division Application: to create five (5) lots for ( 10) semi-detached/link units . 1. 4 Area: 4070 M2 2 . BACKGROUND 2 . 1 Land Severance Applications LID 441/90 to LID 445/90 were originally 2 ,s.5 0 N REPORT NO. PD-63-91 PAGE 2 circulated to the Town for comments in November, 1990. The five applications each proposed to create a semi-detached/link lot fronting on Prestonvale Road. The applicant's total land holdings equal 8819 mz of which 4749 mz are to be retained for future development; 579 mz would be dedicated to the Town for road widening; while the five proposed severances would occupy 3491 mZ. (See attached) In its comments to the Land Division Committee, Staff recommended the applications not be approved due to non- conformity to the Official Plan. 2 .2 The subject applications were TABLED at the December 3, 1991 meeting. On March 4, 1991, the applications were re-heard by the Land Division Committee, at which time the applications were APPROVED subject to conditions . 3 . OFFICIAL PLAN CONFORMITY 3 . 1 Within both the Durham Region Official Plan and the Town of Newcastle Official Plan the subject property is designated "Residential" . Within the Residential designation of the Courtice Urban Area the predominant use of lands shall be for housing purposes . Schedule 6-1 identifies a population target of 4300 people for neighbourhood "2B" . The subject property falls within this neighbourhood. Based on the area of the neighbourhood ( 115 ha) , Staff have calculated the lands within the neighbourhood may develop at an average density of 12 . 89 units per gross ha. The applicant's proposal of five (5) semi-detached/link lots (ten( 10) units) through the subject land severances (4070 mz land area including road widening) equals a density of 24 . 5 units/ha. The proposed severances exceed the density allowable in the Official Plan. 3. 2 The Official Plan policies encourage the provision of a variety of housing types and styles . The proposed severances consisting of only linked dwelling are contrary to the intent of the Official Plan. . . . .3 REPORT NO. PD-63-91 PAGE 3 4 . ZONING BY-LAY COMPLIANCE 4 . 1 Within the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, the subject property is zoned "Urban Residential Type One - Holding ( (H)Rl) " . This zoning category permits the development of single detached dwellings and semi-detached/link dwellings subject to the removal of the " (H) Holding" provision. Staff would confirm that the removal of the " (H) Holding" symbol requires Council being satisfied that the uses to be permitted will be adequately serviced, the lands to be used will have adequate access and that the associated financial requirements, where required, have been executed with the Town of Newcastle and the Owner has satisfied all requirements of the Region of Durham and lastly that any necessary agreements have been entered into. 5 . STAFF COMMENTS 5 . 1 Prestonvale Road has been historically developed on both sides for larger single family dwelling lots . Limited infilling along the Prestonvale Road frontage has taken place in recent years which has been predominantly maintaining the single family dwelling character. In addition to not complying with the density provisions of the Town's Official Plan, the proposed semi-detached lots are not in keeping with the character of the existing neighbourhood. 5 . 2 In reviewing the severance applications, Staff is of the opinion the lands subject to the severance applications be developed with equal mix of 50 ft. lots and linked lots . This proposed mixture would reduce the density to more closely reflect the neighbourhood average, as well it would maintain greater consistency with the character of the Prestonvale Road area. 6 . 0 RECOMMENDATION 6 . 1 The last day of appealing the decision of the Land Division Committee on the five above-noted severances is Wednesday April 3, 1991. In consideration of the comments contained above, it is . . . .4 I i REPORT NO. PD-63-91 PAGE 4 recommended that the decision of the Land Division Committee be APPEALED to the Ontario Municipal Board. Staff will continue to discuss the severance application(s) with the proponent in order to attempt to achieve an amiable agreement. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. Lawrence E` Kotseff Director of Planning Chief A nistrative and Development Officer CP*FW*cc *Attach 19 March 1991 Interested parties to be notified of Council and Committee's decision: Jetny Homes Ltd. 378 King Street West OSHAWA, Ontario L1J 2J9 D. G. Biddle & Associates Limited 96 King Street East OSHAWA, Ontario L1H 1B6 LOT 33 CONCESS ION 2 N76016'40"E 66.0m $3: / E t_ � E co ti 16 r� 90 Qt / \ \ l I ♦ / I /.� l �1♦/ /` — /�`I / V / l 1 I � 1 1 I ♦ J / �+J noyl'Jr► ,`11`�1��,:;`;\:♦�'I .�//\ ��/ICS�� ; I W =..1`11 \-� NI l " I i L �!!� \ _ I O / t / N74044'50� E 81.9m 1 i LANDS SUBJECT TO SEVERANCE LANDS TO BE RETAINED ROAD WIDENING 1 ® SUBJECT SITE LOT 33 LOT 32 LOT 31 ° Ri RI R3 EP I � R3- R2-2 R3- EP R EP R-2 R1 ' R3-5 e� (H) R F?3-5' R2 R EP R2-2 w CV R1 Iv Z . q 0 Q (H)R1 (H) R1 Y RN O I R1 c ) V Z J 0 > cI RC ~ �I co Aa � �I BLOOR STREET ROAD ALL BETWEEN COF . AQN I and 2 r O 50 100 200 340 , 'N"'?' EY MAP""' 54rn LDNFl 44m lm=44b0om /90 THE CORPORATION OF THE TOWN OF NEWCASTLE Memorandum aR Z5 It 30 411 %N: MAYOR To: Mayor Hubbard and Members of Council From: Franklin Wu, M.C.I.P., Director of Planning & Development Date: 25 March 1991 Subject: REPORT PD-63-91 JETNY HOMES LAND SEVERANCE APPLICATION Attached please find a copy of a Letter of Undertaking from D.G. Biddle on behalf of Jetny _Homes. agreeing to scale down the density of the development. On the strength of this undertaking, I respectfully recommend that Report PD-63-91 be received for information. Frank I�i� `h *lip A(,ti. B CC: L. Kotseff, Chief Administrative Officer -_----- CC: P. Barrie, Clerk GOPIB FO: r L.? D.G. Biddle & Associates Limited consulting engineer- s i g5 KW�ST.E..OSHAWA,ONTARIO OH 166 PHONE(416)R7". 5p�) March 22, 1991 Town of Newcastle Planning Department 40 Temperance Street powmanville, Ontario L1C 3A6 A-.tention: rir. Frank WU Re: Land Severance Application - Jetny Homes Part Lot 33, Concession 2, Darlington File: LD 441!90 to LD 445/90, inclusive Our File: 89078 Deaf- Sir: Further to our meeting of March 21, 1991, we wish to advise you, on behalf of our client, Jetny Homes, of his 'intentions regarding the above applications. Jetny Homes agrees to develop three (3 lots for link homes and two (2) lots as single homes providing a total of eight (8) units with these applications. The balance of the land holding will be developed by a plan of subdivision at a later. date. We understand ttat this proposal will meet the Town's interpretation of density requirements in the official plan, Yours truly, D.G. BIDDLE & ASSOCIATES LIMITED /t�aaV � Devon Bidle, ng, DGB/RML/bms Encl. C.C. Jetny Homes