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HomeMy WebLinkAboutPD-65-91 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: CLARET.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. # A�_ Report#:PD-65-91 — File #: DEV 90-104 (X-REF: 18T-90046) By-Law€# Subject: REZONING APPLICATION AND PLAN OF SUBDIVISION - CLARET INVESTMENTS PART LOT 31, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 90-104 (X-REF 18T-90046) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-65-91 be received; 2 . THAT the application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by WDM Consultants be referred back to Staff for further processing and the preparation of a subsequent report pending the receipt of all outstanding comments; 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: Rexgate Holdings, Claret Investments, William Tonno Construction and Rossland Park Limited. 1.2 Agent: WDM Consultants 1 . 3 Subdivision: Seeking approval for seven (7) single family dwelling units, one ( 1) two family dwelling lot and sixteen ( 16 ) townhouse dwelling units for a total of twenty-five (25) dwelling units . 1 . 4 Rezoning: From Urban Residential Type One (Rl) " to an appropriate zone or zones in order to implement the above noted development. 1.5 Area: . 902 hectares (2 . 22. acres) . . . .2 REPORT NO. PD-65-91 PAGE 2 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 for approval of a plan of Subdivision submitted by WDM Consultants. In December of 1990, WDM Consultants also filed an application with the municipality to amend the Town of Newcastle Comprehensive Zoning By-law 84-63 in order to implement the proposed plan of subdivision. 2 .2 The subject property is a . 902 hectare (2 .22 acre) parcel located on the west side of Trulls Road, south of Highway No. 2 , but is more formally described as Block 136, Registered Plan 1OM-820. 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 with respect to the proposed zoning by-law amendment. 4 . OFFICIAL PLAN CONFORMITY 4 . 1 Within the Durham Regional Official Plan, the subject property is designated Residential. The primary use of lands so designated is intended to be for residential purposes . The applicants are proposing to create seven (7 ) single family dwelling lots, one (1) two family dwelling lot and sixteen ( 16) street townhouse lots. In addition, the seven (7) single family dwelling lots and the one ( 1) two-family dwelling lot are all proposing direct access onto Trulls Road. Trulls Road is identified as a Type "B" Arterial Roadway in the Durham Regional Official Plan. Direct access onto Type "B" Arterial Roadways is not desirable from a planning perspective and theoretically the lands should be developed in a . . . . 3 °1 ' D: REPORT NO. PD-65-91 PAGE 3 manner so as to limit or eliminate the direct access onto Trulls Road. 4 .2 Moreover, Section 13 . 2 . 15 of the Durham Regional Official Plan sets out policies to limit direct access onto Type "B" Arterial Roadways by establishing a minimum separation of 76 .2 metres (250 feet) between access points in the urban area. Nevertheless, the Planning and Development Department will continue to assess the issue of direct access onto Trulls Road in relation to the applicable sections of the Durham Regional Official Plan. 4 . 3 Within the Courtice Major Urban Area, the Town of Newcastle Official Plan establishes a maximum of 15 units per net residential hectare for Low Density Residential development, a maximum of 40 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 applicants are proposing to develop the . 902 hectare (2 . 22 acre) parcel at an overall density of 37 .49 units per net residential hectare which falls within the medium density range as defined by the Town of Newcastle Official Plan. The Neighbourhood Development Plan for Courtice South does not identify specific areas for medium and high density development in order to permit greater flexibility in subdivision design. Medium Density residential development is intended to be located adjacent to existing low density residential uses and fronting on local roads or minor collectors . 4 .4 The Town of Newcastle Official Plan also establishes a target population of 4300 for the 112B" Neighbourhood. The proposed plan of subdivision has been reviewed within the context of the target population. Staff have estimated that 112B" Neighbourhood has an area of approximately 117 hectares (289 . 1 acres) that can be developed. Therefore, given the target population of 4300, it can be determined that the 112B" Neighbourhood can develop at approximately 12 . 3 units per gross residential hectare in order to maintain the target population. The proposed draft plan of . . . .4 REPORT NO. PD-65-91 PAGE 4 subdivision has a gross area of . 902 hectares (2 .22 acres) and a total of 25 units which equates to a density of 27 . 71 units per gross residential hectare. A substantial reduction in density will be required in order to ensure that the intent of the Official Plan's target population is being maintained. 4 .5 In addition, the Courtice South Neighbourhood Development Plan identifies a portion of the subject property as Minor Open Space. Block 28 generally corresponds to the Minor Open Space portion of the subject property. However, it would appear that the size of Block 28 will have to be increased in order to comply with the Courtice South Neighbourhood Development Plan. The increase in the size of the Minor Open Space Block will also serve to reduce the number of dwelling units to allow conformity with the Official Plan's density policies . 5 . ZONING BY-LAW COMPLIANCE 5. 1 Within the Town of Newcastle Comprehensive Zoning By-law 84-63, the subject property is zoned "Urban Residential Type One (Rl) " . The current zone category would permit the development of the subject lands with single and two-family dwellings . As the applicants are proposing to develop a portion of the subject property with street townhouses, the applicants have also applied to amend the zoning by-law accordingly. 6 . AGENCY COMMENTS 6 . 1 The application for a proposed 25 unit plan of subdivision 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 comments received to date. I 6 .2 Central Lake Ontario Conservation Authority has advised that the southern portion of the plan is traversed by a headwaters tributary . . . .5 REPORT NO. PD-65-91 PAGE 5 of Robinson Creek and that most of the lands situated within the limits of the proposed plan are within the tributary's Regional and 100 year storm floodplain. Therefore, the Authority has advised that they cannot support the approval of the application. 6 . 3 The Public Works Department has advised that they object to the subject application until such time as the proposal has been revised so that direct access onto Trulls Road has been eliminated. Once this concern has been addressed, the Public Works Department will impose various regulatory conditions . 6 .4 The Ministry of Natural Resources has advised that the subject lands are located in the Robinson Creek watershed. Therefore, in order to prevent fish habitat destruction, the Ministry recommends that the Owners prepare a preliminary stormwater drainage and erosion control report for the review of both the Ministry of Natural Resources and Central Lake Ontario Conservation Authority. Therefore, the Ministry of Natural Resources has requested that the approval of the proposal be deferred until such time as a stormwater drainage and erosion control report has been approved. 6 .5 The balance of the circulated agencies which provided comments were the Town of Newcastle Fire Department, Public School Board, Separate School Board, Ontario Hydro and Bell Canada. None of these agencies have provided objectionable comments with respect to the subject application. The Regional Works Department and the Ministry of the Environment have both yet to respond to the circulation. 7 . STAFF COMMENTS 7 . 1 For the Committee's information, the subject property was originally known as Block A in the proposed plan of subdivision 18T 76027 which was approved by the Ontario Municipal Board in June of 1978 . The Board's order approved the subdivision with 320 single family dwelling lots, 101 two family dwelling lots and 237 . . . .6 7 REPORT NO. PD-65-91 PAGE 6 townhouse dwelling lots for a total of 759 units . The owner of the property chose to reduce the overall number of units due to a change in the market conditions in the 19801s. As a result, the seven registered plans which evolved from the Board's approval of 18T-76027 totalled only 711 units, 48 units less than permitted by the Board's order. The applicants contend that since the current application proposes only 25 units, there exists ample capacity in order to service the site and the density can be "transferred" . 7 . 2 Staff do not agree with the applicant's contention. The Official Plan sets out density requirements and population allocations for the whole neighbourhood. If any part of the neighbourhood is not developed to the maximum allowable density, then the residential density is transferred equally to all undeveloped land. The density of the proposed subdivision must be reduced to meet the Official Plan's target population for the neighbourhood. 7 . 3 As the purpose of this report is to satisfy the requirements of the Planning Act with respect to a Public Meeting, and in consideration of the comments outstanding and various matters that 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 . Kotseff Director of Planning Chief A 'nistrative and Development Officer WM*FW*cc *Attach 27 March 1991 Interested parties to be notified of Council and Committee's decision: WDM Consultants 20 Clematis Road WILLOWDALE, Ontario M2J 4X2 1 _ yE' PLAN BLOCK' 26 _ 2< 9 • 7" aROPCSED — a DRAFT PLAN 23 Do OF SUBDIVISION ( ; a 22 J°3 Z BLOCK 136, REGISTERED PLAN IOM-820 uj . _ °— 2 O _ TOWN OF NEWCASTLE X _ a 'formerty TOWN OF D4RLIt,*T01s I REGICNAL MLY\,CIPALITY o- D RHAM 3 �! 19 .'JO R SCALE I:500 IB O I 4 ' JD BARNES L.Itd,TED-1990 � r> a Ou 17 J 2 Z RELEVANT INFORWATION CC) a I e SINGLE DETACHED fE510EA7iLl O$ LOTS I TO 6 AN0 E = 026E N: SEMI-DETLCHEO RESCENTIAL(LlNK LOT 7 P 0066 N: f J I< J 60 of STREET TOMMHOUSES ! LOTS F M 2. e 0 331 N: !TADS 0109 M w stial GREENEELT fiLCK:K 2E 0.063 AA RLSER.£ ELOC✓_25,2-ANE,27 - 4063 n: • 13 _ O J 7OTAL 0902 n L 12 H ui 7 \ t c N ; \ ADDITIONAL INFOP.NATION O _ •u fISS3 O UNDEk SECTION 5J(21 6 '4 PLANNING 1993 G g P I g Qs I :�7 SEE PLAN AI <SEE PLAN AND aIT RAN ;tl SEE PLAN AND s_^!RAY t'z.YF =7rd V SEE LAND USE S:I<DULE •! , —r ' sl SEE-AN .�•.:,( .R 1) SEE .AN B,2' •il SEE PLAN ' ! i rI PIPE:WATER TO BE NS:-LLEr !o -- ! S.\CY-CI AY .113 t III SEE PLAN ���4 E CCNt;'£Sc,.r� "�—__ Isl SANITLkY AND ST:RM SEWERS TO BE ♦STALLED i 1 Z II; SEE PLAN R£S/L 'NT/GL OWNER'S CERTIFICATE K,i.( • <;A.[0 0��T.(f.a,tn Lrc fi4.YJi,p�S RE%GATE HOLDINGS LIMITED oL 4. IOM-B20 ' -_------ CVAR�."NVESTME\-S LIMITED I«'LLIAM TONNO C?1STRUCTION L N=' :i:_____________ i='.,SSLANO PARK L`MITID G NDf7U/G/'= OR/�E ..n j y. .., _s.« ate. -:.cc.-_..cz.. _._ •co _ '. SURWEYW: MAPPI-Tr UFO INf{1T aa'ION SERVICES ).D BARNES .5?}lu T�lUlSR .wrt. .• ..o� a!♦ i iL iOf-OC w� R Y • t ttttt � off