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Home My WebLink AboutPD-4-92 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: BOWLING.GPA REPORT P U B L I C M E E T I N G Meeting: General Purpose and Administration Committee File# Date: Monday, January 6, 1992 Res. Report#: PD-4-92 File#: DEV 89-129 (X-REF: 18CDM-89033) By-Law# Subject: REZONING APPLICATION - BOWLING GREEN DEVELOPMENTS PART LOT 28, CONCESSION 2, FORMER VILLAGE OF NEWCASTLE FILE: DEV 89-129 (X-REF: 18CDM-89033) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 4 -92 be received; 2 . THAT the application to amend the Town of Newcastle Comprehensive Zoning By-law, as amended, submitted by Bowling Green Developments, 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: Bowling Green Developments 1. 2 Owner: V. W. Kuchar and Associates, Architects Ltd. 1. 3 Plan of Condominium: Seeking approval for thirteen (13) single family dwelling condominium units. 1.4 Rezoning: From "Urban Residential Type One - Special Exception (R1-1) to an appropriate zone in order to permit the development of thirteen (13) single family dwelling condominium units. 1. 5 Area: . 93 hectares (2 . 29 acres) 6 2 5 7 REPORT NO. PD-4-92 PAGE 2 2 . BACKGROUND 2 . 1 In November of 1989, the Town of Newcastle Planning and Development Department received an application to amend Zoning By-law 84-63 for Site Plan Approval in order to permit the development of eighteen (18) single family dwellings. In January of 1990, the Region of Durham Advised the Town of Newcastle that the applicant intended to develop the eighteen (18) single family dwellings as condominium units. 2 .2 The proposal is situated on a . 93 hectare (2 .29 acre) parcel of land located on the east side of Regional Road No. 17, south of C.P.R. tracks but is more formally described as Part Lot 28, Concession 2 , in the former Village of Newcastle. 2 . 3 A Public Meeting was held on February 19, 1990 with respect to the proposed zoning by-law amendment at which time seven (7) area residents spoke in opposition to the proposal. The area residents expressed concerns regarding the density of the proposal, the size of the lots, the proximity of the C.P.R.tracks and a perceived dangerous traffic problem at the intersection of Monroe Street and North Street. In addition, as a result of the circulation process, Staff received one (1) letter of objection and one (1) petition signed by forty-three (43) area residents opposed to the proposal. 2 . 4 Following Council's consideration of the proposal, Council passed a resolution requiring the applicant to chair a meeting with Town Staff and the area residents in an attempt to address the concerns of the area residents. The residents meeting occurred on June 27, 1990 and as a result of discussions with the area residents and Town Staff, the applicant has revised the application to propose thirteen (13) single family dwellings. 2 . 5 In view of the significant amount of time which had passed since the original Public Meeting was held in February of 1990, Staff advised the applicant that in order to ensure that the requirements . . . . 3 5 % I REPORT NO. PD-4-92 PAGE 3 of the Planning Act have been met, it would be prudent to hold a second Public Meeting. 3 . PUBLIC NOTICE 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. 4 . OFFICIAL PLAN CONFORMITY 4 . 1 Within the existing Durham Regional Official Plan, the subject property is designated as a "Residential Area" while the recommended Regional Official Plan designates the subject property as a "Living Area" . Residential uses are intended to be the predominant use of land under both designations and therefore, the application conforms with the intent of both the existing and the recommended Regional Official Plan. 4. 2 Within the Town of Newcastle Official Plan, Section 8 .2 . 1. 2 (iv) (a) states that the density of residential development within the Newcastle Village Small Urban Area shall generally be restricted to low and medium density, with an overall average density not to exceed fourteen (14) units per net residential hectare. The Official Plan defines net residential hectares as all residential lands excluding municipal roads, schools, parks and valleylands. Since the applicant is proposing to develop the subject lands with condominium units, the entire . 93 hectare (2 . 29 acre) parcel would be private property and retained as net residential land which equates to a density of 13 .97 units per net residential hectare. Therefore, the applicant is proposing to develop the subject property at a density which conforms with the residential density policies contained within the Town of Newcastle Official Plan. . . . .4 5 / 8 REPORT NO. PD-4-92 PAGE 4 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 - Special Exception (R1-1) " which would permit the development of the subject property with single family dwellings with a minimum of 18 metres of frontage and 650 square metres of lot area. As the applicant is proposing to develop 13 single family dwellings as one condominium proposal, an amendment to the zoning by-law is 'required in order to implement the proposed development. 6. AGENCY COMMENTS 6. 1 The Town of Newcastle Planning and Development Department undertook a joint circulation of the condominium/rezoning/site plan approval application. The following provides a brief synopsis of the comments received to date. 6. 2 The Canadian Pacific Railway has advised that they object to the proposal on the basis that residential land uses are not compatible with railway operations. The Railway notes that the health, safety and welfare of future residents could be adversely affected by activities of the railway. Nevertheless, the Canadian Pacific Railway has provided several regulatory conditions should the application be approved. 6. 3 The Town of Newcastle Public Works Department has reviewed the subject application and recommends that the site plan approval application not proceed until such time as the applicant has submitted a set of engineering drawings for review. Nevertheless, the Public Works Department has no objection to the application in principle and will impose several regulatory conditions through the site plan approval process. 6.4 - The Community Services Department has no objection to the application subject to the 5% parkland dedication being accepted as cash-in-lieu and the funds realized being credited to the Parks Reserve Account. / . . . .5 REPORT NO. PD-4-92 PAGE 5 6. 5 The Ganaraska Region Conservation Authority has reviewed the subject application and has no objection to the proposed development provided that prior to commencement of any grading or construction on site, the Owner shall prepare a surface drainage and erosion control plan, acceptable to the Authority, which illustrates all proposed surface drainage works and means to minimize erosion and sedimentation associated with any storm drainage. 6. 6 The balance of the circulated agencies which have responded to the circulation are the Regional Planning Department, the Regional Works Department, the Public School Board and the Separate School Board. None of the aforementioned agencies have provided objectionable comments with respect to the proposal. The Ministry of the Environment, however, has yet to grant approval to a noise study submitted by the applicant. 7. STAFF COMMENTS 7 . 1 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 pending approval of required noise study, it would be in order to have the application referred back to Staff for further processing. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I.P. Lawrenc Kotseff Director of Planning Chief A m'nistrative and Development Officer WM*FW*cc *Attach 10 December 1991 Interested parties to be notified of Council and Committee's decision: 4 Bowling Green Developments V. W. Kucher and Associates 936 The East Mall 936 The East Mall ETOBICOKE, Ont ETOBICOKE, Ont M9B 6J9 - M9B 6J9 V. W. 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