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Home My WebLink AboutPD-64-91 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: ROADSIDE.GPA REPORT P U B L I C M E E T I N G Meeting: General Purpose and Administration Committee File# Date: Monday, April 8, 1991 Res. # Report#:PD-64-91 File #: DEV 90-098 (X-REF: OPA 90-104/N) By-Law# Subject: REZONING & OFFICIAL PLAN AMENDMENT APPLICATION ROADSIDE DEVELOPMENTS LTD. PART LOT 11, CONCESSION 1, FORMER TOWN OF BOWMANVILLE FILE: DEV 90-098 (X-REF: OPA 90-104/N) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-64-91 be received; 2 . THAT the application to amend the Town of Newcastle Comprehensive Zoning By-law and the Town of Newcastle Official Plan submitted by Roadside Developments Limited, be referred back to Staff for further processing and the preparation of a subsequent report; and 3. THAT the interested parties listed in this report and any delegation be advised of Council 's decision. 1. APPLICATION DETAILS 1. 1 Applicant: Roadside Developments Limited 1.2 Agent: Allan Rae Architect Inc . 1. 3 official Plan Amendment: Seeking approval to introduce a High Density Symbol on the subject property in order to permit a six (6) storey, eighty- nine (89) unit condominium with four hundred and thirty three (433) square metres of ground floor commercial uses . 1. 4 Rezoning: From "Urban Residential Type One (R1) " and "Service Station Commercial (C7 ) " to an appropriate zone or zones in order to implement the above noted development. .2 REPORT NO. PD-64-91 PAGE 2 1.5 Area: . 59 hectares ( 1 .45 acres) 2 . BACKGROUND 2 . 1 In December of 1990, the Town of Newcastle Planning and Development Department was advised by the Region of Durham of an application to amend the Town of Newcastle Official Plan submitted by Roadside Developments Limited. In December of 1990, the applicant also filed an application with the municipality to amend the Town of Newcastle Comprehensive Zoning By-law 84-63 in order to implement the proposal. 2 .2 The subject property is a rectangular shaped parcel located on the north side of Baseline Road between Liberty Street and Duke Street but is more formally described as Part lot 11, Concession 1, in the former Town of Bowmanville. 3 . PUBLIC NOTICE AND SUBMISSIONS 3 . 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. 3 .2 As of the writing of this report, no written submissions have been received. However, Staff have received numerous telephone and counter inquiries with respect to the proposed Zoning By-law Amendment and Official Plan Amendment. 4 . OFFICIAL PLAN CONFORMITY 4 . 1 Within the Durham Regional Official Plan, the subject property would appear to be designated Residential. As the primary use of lands so designated is intended to be for residential purposes, the application would appear to conform with the Durham Regional Official Plan. . . . .3 REPORT NO. PD-64-91 PAGE 3 4 .2 Within the Bowmanville Major Urban Area, the Town of Newcastle Official Plan establishes a maximum of 30 units per net residential hectare for Low Density Residential development, a maximum of 55 units per net residential hectare for Medium Density Residential development and a maximum of 80 units per net residential hectare for High Density Residential development. The applicant is proposing to develop the .59 hectare ( 1 .45 acre) parcel with a six (6) storey 89 unit condominium which equates to a density of 150 . 85 unite per net residential hectare. This density exceeds the maximum permissible density as permitted by the Town of Newcastle Official Plan. 4 . 3 However, proposals for higher density residential development than permitted by the Official Plan may, in some cases, be considered to be in conformity with the Plan provided that the Region of Durham ascertains that servicing capacity exists and provided that the proposed higher density does not lower the development potential of other vacant residential land in the neighbourhood below a density of 17 units (50 persons) per gross hectare as established by the Official Plan. Therefore, the applicant has applied to amend the Town of Newcastle Official Plan in order to introduce a High Density (H) symbol on the subject property and to be given special consideration in order to permit a density which exceeds the maximum permissible density established within the Official Plan. 5 . ZONING BY-LAW CONFORMITY 5 . 1 Within the Town of Newcastle Comprehensive Zoning By-law 84-63, the subject property is zoned in part "Urban Residential Type One (R1) " and in part "Service Station Commercial (C7) " . The current zone categories would not permit the proposed development and the applicant has, therefore, applied to amend the zoning by-law accordingly. . . . . 4 � 3 REPORT NO. PD-64-91 PAGE 4 6 . AGENCY COMMENTS 6 . 1 The application for Official Plan Amendment was circulated to various agencies by the Durham Regional Planning Department. Concurrently, the Town of Newcastle Planning and Development Department undertook a circulation of the proposed zoning by-law amendment. The following provides a brief synopsis of the comments received to date. 6 .2 The Public Works Department has advised that they have no objection to the proposal but will require, as a condition of Site Plan Approval, that the applicant provide the Municipality with a 5. 18 metre ( 17 foot) widening along Baseline Road and a . 92 metre (3 foot) widening along Duke Street. In addition, the applicant will be required to contribute $46,665 towards the cost of upgrading Duke Street and Baseline Road in accordance with Town policy. 6 .3 The Regional Works Department has advised that they have no objection to the proposal but will require a 3 metre ( 9 .8 foot) widening along Liberty Street. In addition, the Regional Works Department is strongly recommending that the proposed access to Baseline Road be removed since it is a future Regional Road and that alternate access is available off of Duke Street. 6 .4 The Community Services Department has advised that the population generated by the proposal can be accommodated and serviced by Bowmanville Memorial Park and Soper Creek Park. Therefore, the Community Services Department has no objection to the proposal but would require the parkland dedication requirement to be accepted as cash-in-lieu with the funds credited to the Parks Reserve Account. 6 .5 The balance of the circulated agencies which have provided comments were the Town of Newcastle Fire Department, Public School Board, Separate School Board, Central lake Ontario Conservation Authority , and Ministry of Transportation. None of the aforementioned agencies have provided objectionable comments . . . . .5 REPORT NO. PD-64-91 PAGE 5 7 STAFF COMMENTS 7 . 1 Section 7 . 2 . 1 .2 (iv) (d) of the Town of Newcastle Official Plan has established policies for Medium and High Density Residential development and state that proposals for higher density developments shall be located: (a) in proximity to facilities and services including shopping, school parks and transportation. (b) on sites whose amenities or other physical attributes are suitable for medium and high density uses . (c) where there is a minimum physical and/or adverse effect on adjacent uses and surrounding areas . Furthermore, Section 7 . 2 . 1. 2(iv) (c) of the Town of Newcastle Official Plan has established policies for High Density Residential development which state that High Density development "shall be encouraged to locate on sites where there is a transition of Medium Density uses between High Density uses and Low Density uses. " 7 .2 The application, as proposed, is in conflict with Section 7 .2 . 1.2 (iv) (c) of the Official Plan in that the area to the west of the subject property is predominantly low density in nature consisting primarily of single family dwellings . In addition, since the proposed high density use directly abuts uses of a lower density, the proposal may have an adverse impact upon the surrounding area. 7 . 3 In addition, Staff note that the substantial widenings requested by the Regional and Municipal Works Departments significantly reduce the net residential area of the subject property. Therefore, as a result, the density of the proposal would actually increase to in excess of 170 units per net residential hectare. Nevertheless, Staff will continue to evaluate the proposal in relation to the Official Plan and the residential density policies contained therein. . . . . 6 REPORT NO. PD-64-91 PAGE 6 7 .4 Finally, Staff advise that a copy of the proposed site plan has been attached for the Committee's information. However, the applicant has not applied for site plan approval at this time and the drawing is attached for information purposes only. 7 .5 As the purpose of this report is to satisfy the requirements of the Planning Act with respect to the Public Meeting and in consideration of the outstanding issues which need to be addressed by the applicant, it would be in order to have the application referred back to Staff for further processing and the preparation of a subsequent report. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. Lawrence otseff Director of Planning Chief A strative and Development Officer WM*FW*cc *Attach 27 March 1991 Interested parties to be notified of Council and Committee's decision: Roadside Developments Limited R. R. # 2 CLAREMONT, Ont. LOH 1EO Werner Graffmann 85 Thorncliffe Park Drive EAST YORK, Ont. M4H 1L6 Allan Rae Architect Inc. 510 Eastern Avenue TORONTO, Ontario M4M 1C7 ® SUBJECT SITE LOT 12 LOT 11 LOT 10 s RI.21 I JANE Rl - Y C7 � `� P J PARK Y W = ANNE !t Rl V KW Y CXS Z I cn 0 °1N a R4=A V W Y ( BASELINE ROAD IC5 t Z EP EP HIGHWAY 441 . EP A A � o M2 U- M 2 m o so *0 ZOO 3.001" KEY MAP 60" OMNI Dev. 90-098 ,J� , . C H72.21'00'E 48.76m — I I J i 1 I 1 P-k* W Par4p I „ , EXISTING "OUSE 1 I� I s f " ONE STOREY _ 8 I RETAIL n �n 7.5 m RECREATION r , f- 1 N72.2f00'E 51.82m i R�fafl I JW — _—r — Parkla9 — - i 1 W !n E 5 m W n m o f" 0 O nl } co z W t 3 Av 6 STOREY BUILDING _ 8 Drop Off E / � /9F / 0 EASEMENT r N 721 22 10'E'_. m / SITE AREA:5952 m2 SURVEY INFORM,-ON FROM; DENSITY :50 U/ha ALL OF TOWN LOTS 2 a�iyEeAa s BASE LINE ROAD NO of UMTS:89 AM PART OF LOT r�?�lTSP AN of RETAIL :433 m2 FART OF LOT D,CONCE~:CN I PARKING 1149cors FVRMER TOWN OF 8OWNLL E EACH STALL SOmA HOW IN THE TOWN_,r ASTLE REGIONAL U_CIPALITT CF DURHAM RETAIL r 15 can PREPARED Y FROWN 8 CCGOAN 170.013. ftESiOENTIAI; DATED MAY 22 1990 SURRACE(VISI7'GR9)I Is tan UNDERGROUND 1,118 car* BUILDING HEIGHT 1 17.Om