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HomeMy WebLinkAboutPD-11-93 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: DEV91025.GPA REPORT Meeting: File# U l4•t)_iL, q I General Purpose and Administration Committee Date: Res. # Monday, January 6, 1992 By-Law# _221__�/ Report#:__pD_44_,9_2__ File#: -DEV-494­025 (X-REF 18T-89115) Subject: REZONING APPLICATION - 290572 ONTARIO LIMITED PART LOT 35, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 91-025 (X-REF: 18T-89115) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-11-92 be received; 2 . THAT the application submitted by D. G. Biddle and Associates on behalf o_T' 290572 Ontario Limited for amendment to the Town's Comprehensive Zoning By-law 84-63 , as amended, to permit the development of a 39 unit proposed Plan of Subdivision be APPROVED; 3 . THAT the amending by-law attached hereto be forwarded to Council for approval; 4 . THAT a copy of this report and amending by-law be forwarded to the Region of Durham Planning Department; 5. THAT the 11H11 - Holding symbol in the amending by-law not be removed until such time the applicant has entered into a subdivisicii agreement with the Town for the subject lands; and 6. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Applicant: 290572 Ontario Ltd. 1. 2 Agent: D. G. Biddle and Associates Ltd. 1. 3 Rezoning: from "Agricultural (A) " to an appropriate zoning category to permit the development of a residential plan of subdivision containing 39 single family dwelling units. 1.4 Land Area: 4 . 945 Ha (12 .21 Acre) 2 1116 1 1'1,411I­1 1)1API fl REPORT NO. PD-11-92 PAGE 2 2. LOCATION 2 . 1 The subject property is located in Part Lot 35, Concession 3 , former Township of Darlington. The lands subject to development consist of an irregular shaped parcel which is traversed on the south east boundary of the property by the Harmony Creek. The lands are generally located one lot depth south of Lawson Road, and one lot depth east of Townline Road. Access to the site is limited to a width of 20. 0 metres having frontage on Townline Road. 3. BACKGROUND 3 . 1 Council at a meeting held June 24, 1991, considered a report recommending approval of a related proposed plan of subdivision (18T-89115) containing 39 single family dwelling lots. Council recommended approval to the development subject to a number of conditions. Rezoning the subject lands from "Agricultural (A) " to a residential zone to permit the development was one of the conditions of approval. The application for zoning by-law amendment, is to implement the condition of approval of the plan of subdivision. 3 .2 The application as submitted proposes to rezone the lands to allow for the development of 39 single family dwelling units having a minimum of 12 . 0 metre frontage. The proposal has an 'Open Space' block of land consisting of 1. 5 Ha. which relates to the Harmony Creek and associated valley lands, as well the applicant has proposed a 3 . 0 metre walkway to access the valley lands. 3 . 3 The current zoning of the 'open space' block is "Environmental Protection (EP) " which prohibits the construction of buildings or structures unless they are for flood control purposes. The zoning of this block will not be amended through this application. . . . . 3 REPORT NO. PD-11-92 PAGE 3 3 .4 Prior to the public meeting, on July 11, 1991, staff and a member of Council met with the residents to discuss the rezoning application and the related Town approved proposed plan of subdivision. The residents expressed concern regarding the ability to develop their lands further should the subdivision proposal proceed. A second meeting with the residents, attended by Staff, a member of Council, the applicant and his agent was held following the public meeting on July 25, 1991. Discussion revolved around extension of services for the residents' properties and road design of the proposed subdivision application. 4 EXISTING AND SURROUNDING USES 4 . 1 The existing site is vacant and predominantly covered with scrub vegetation and a few mature trees on the table lands. The lands associated with the Harmony Creek valley have a significant number of mature trees. As a condition of Town approval on the associated subdivision application, the applicant has been requested to prepare a tree preservation plan for the subject lands. 4 .2 Surrounding land uses are as follows: South: existing strip residential fronting on Townline Road north, the Harmony Creek and rear yards of existing residential lots fronting on Varcoe Road; East: existing limited residential accessing to Lawson Road, limited residential fronting on Old Varcoe Road and vacant land subject to development applications east of Old Varcoe Road; North: limited existing residential fronting on Lawson Road and Townline Road as well as a place of worship on Townline Road North; . . . .4 J REPORT NO. PD-11-92 PAGE 4 West: existing strip residential fronting on Townline Road as well as existing residential backing onto Townline Road on the Oshawa side. 5 PUBLIC MEETING AND RESPONSE 5. 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 and tenant within the 120 metre prescribed distance. 5.2 Several of the neighbouring residents from Lawson Road attended the public meeting represented by Mr. T. Slavin. The residents presented a letter outlining several issues of interest to them. Some of the concerns expressed at the time included the effect of the proposal on their property values, the effect of the proposal on wildlife, access to the proposed subdivision, provision of sewers for the Lawson Road residents and ability to develop the rear of their property. Council referred the application back to Staff for further processing and requested the proponent meet with area residents to address their concerns. Said meeting was held July 25, 1991, as noted previously. 6 OFFICIAL PLAN POLICIES 6. 1 Within the existing Durham Regional Official Plan the subject property is designated Residential and Major Open Space with Hazard Lands. The residential designation permits a variety. of housing type, style and tenure. The Major Open Space and Hazard Land policies relate to the Harmony Creek valley lands. The goals of the major open space policies is to preserve and protect the unique attributes of the Region's landscape including the valleylands. The policies further state that . . . . 5 5.9 n /t REPORT NO. PD-11-92 PAGE 5 the extent and exact location of such Hazard lands shall be determined in the respective zoning by-laws in accordance with floodline and contour mapping in consultation with the respective conservation authority. 6. 2 Within the new Regional Official Plan as adopted by Regional Council on June 5, 1991, the site is located within the "Living Area" designation. These policies also encourage a wide variety of housing types, sizes and tenure. The application appears to conform to the applicable provisions of both Plans. 6. 3 Within the Town of Newcastle Official Plan the subject property is designated on Schedule 6-1 as "Residential" and "Major Open Space" with Hazard Lands within the Courtice Urban boundary. Schedule 6-2 (Environmental Sensitivity) illustrates the lands associated with the Harmony Creek as Major Open Space System and Environmentally Sensitive Areas. The Residential designation permits various forms of housing type style and tenure. The subject lands are located within neighbourhood 111A" of the local Official Plan which permits up to a maximum of 4300 people. The application would appear to comply with this target. 6.4 The Major Open Space policies recognizes those lands below the topographic break in slope of the creek system. The policies require the precise boundaries of this system shall be delineated in the zoning by-law. In addition, Council shall encourage public acquisition of and access to, for passive recreational purposes the valley lands of the Creek systems. As these lands are not being proposed for development, the application would appear to comply. . . . . 6 ' T ! 0D REPORT NO. PD-11-92 PAGE 6 6. 5 In September of 1990, Town Council approved an amendment to the Courtice West Neighbourhood Development Plan. The amendment expanded the boundaries of the neighbourhood to include the lands west of Varcoe Road and north of Nash Road consistent with the Official Plan boundaries. In addition, said amendment established a conceptual plan for all development within the neighbourhood including parks, open space areas and a road network. The proposal would appear to comply. 7 ZONING 7. 1 Within the Town of Newcastle Comprehensive Zoning By-law the subject lands are zoned "Agricultural (A) " and "Environmental Protection (EP) " . The 'EP' zoning recognizes the lands associated with the Harmony Creek system and would not permit development thereon. The 'Agricultural' zoning would not permit the development of a plan of subdivision as proposed. A zoning by-law amendment is required. 8 AGENCY COMMENTS 8. 1 The subject application was circulated to a number of commenting agencies and departments within the Town by Planning Staff. The following agencies have reviewed the application and advised that they have no objection to the proposed rezoning. The Town of Newcastle Community Services Department, Bell Canada and the Peterborough Victoria Northumberland Newcastle Separate School Board. 8. 2 The Town of Newcastle Public Works Department have reviewed the application and provided the following comments. Should the rezoning be approved a temporary turning circle must be constructed at the east limit of street "A" and lots 29, 30 and 31 not be built upon until development proceeds to the . . . . . 7 �' J t REPORT NO. PD-11-92 PAGE 7 north. In addition, all the requirements contained in previous comments on the proposed Plan of Subdivision remain applicable. 8. 3 The Fire Department has advised the subject lands fall within the recognized response area of Station # 4 , Trulls Road. Approximate response time to this site will be 5 - 7 minutes for full time staff and 8 - 10 minutes for part-time staff. Ideal response to an urban area is 3 - 4 minutes or less. Response time may increase as traffic increases on Townline Road. Prior to issuance of building permits, access routes and adequate water for fire protection must be ensured. 8.4 Central Lake Ontario Conservation Authority reviewed the proposal and advised that they have no objection to the proposed residential zoning provided block 50 remains zoned "Environmental Protection (EP) " . 8. 5 The Northumberland Newcastle Board of Education Staff advised that although they nave no objection to the rezoning application they wish to reiterated their previous comments that all students who attend S. T. Worden Public School will be expected to walk to school in the morning and afternoon, and the owner incorporate a notice to that effect in all purchase and sale agreements. 8. 6 The Ministry of Natural Resources Staff review of the application advised that the rezoning proposal adequately provided for a vegetative buffer by placing the creek and valleylands within an Environmental Protection zone. This area has also been placed within an Open Space block, therefore, no objections were forwarded to rezoning the remaining lands for residential purposes. . . . .8 5, 0 7 REPORT NO. PD-11-92 PAGE 8 8.7 The Region of Durham Planning Department Staff advised that the site is primarily designated within the "Residential" area designation and partially within the "Major Open Space" designation with an indication of "Hazard Lands" in both the Durham Regional Official Plan and the Town of Newcastle Official Plan. The portion of the site within the Major Open Space designation appears to be contained within the open space block in the related draft approved plan of subdivision (18T-89115) . The application appears to conform to the provisions of the applicable Official Plan provisions. 9 STAFF COMMENTS 9 . 1 The application is proposing to create 39 single family dwelling lots on lands east of Townline Road, south of Lawson Road, west of Old Varcoe Road and north of Nash Road. The lands are currently zoned "Agricultural (A) " and "Environmental Protection (EP) " . The table lands are subject to the rezoning application to permit the proposed residential development. 9.2 As noted in the report the subject proposal includes lands associated with the Harmony Creek tributary. The applicant has proposed placing all the lands below top-of-bank in a separate block to be dedicated to the Town in compliance with the Town's conditions of Approval on the related proposed plan of subdivision (18T-89115) . 9. 3 The applicant has proposed a road pattern in keeping with the approved neighbourhood plan.. The design would allow for the future development of the rear yards of lots fronting on Lawson Road via a future road connection to Lawson road. The Townline Road/Lawson Road intersection is to be closed at such time a link to Lawson Road can be constructed from either this . . . .9 REPORT NO. PD-11-92 PAGE 9 proposal or the future Adelaide Street extension to the north. Staff do not share the concerns previously expressed by neighbouring residents that the proposal will land-lock their properties. Although, they can not individually develop the rear portion of their properties, their properties can be developed through land consolidation or by a joint subdivision application developing the lands in conformity with the neighbourhood plan. Nevertheless the residents have since advised the Town that they no longer object to the processing of said application (Attachment No. 2) . 10 CONCLUSION 10. 1 In consideration of the comments contained within said report, Staff have no objection to rezoning the table lands to permit the residential development of the subject lands to fulfil one of the conditions of approval as recommended by Town Council previously. Respectfully submitted, Recommended for presentation to the Committee y vl Franklin Wu, M.C. I.P. Lawrence 1J. JKotseff DIrector of Planning Chief Administrative and Development Officer CP*FW*cc *Attach 12 December 1991 ATTACHMENTS: Attachment No. 1 - Key Map Attachment No. 2 - Residents letter withdrawing objection Attachment No. 3 - Proposed By-law . . . . 10 �_ w REPORT NO. PD-11-92 PAGE 10 Interested parties to be notified of Council and Committee's decision: 290572 Ontario Ltd. 58 Rossland Road Gerry Moores OSHAWA, Ontario L1G 2V5 37 Lawson Road COURTICE, Ont. LlE 2K3 D.G. Biddle & Associates Limited Roger Dukeshire 96 King Street East 39 Lawson Road OSHAWA, Ontario L1H 1B6 COURTICE, Ont. LlE 2K3 Tony Slavin 29 Lawson Road COURTICE, Ontario LlE 2K3 Ray Slavin Group 11, Box 16, R. R. #3 BOWMANVILLE, Ont. L1C 3K4 Violet Walters 23 Lawson Road COURTICE, Ont. LlE 2K3 Luci Art Box C2 35 Lawson Road COURTICE, Ont. LlE 2K3 Jean Godfrey 33 Lawson Road COURTICE, Ont. LlE 2K3 Audrey Eyman 54 Lawson Road COURTICE, Ont. LlE 2K3 Antonio Chechia 15 Lawson Road COURTICE, Ont. LlE 2K3 Burton Noble 25 Lawson Road COURTICE, Ont. LlE 2K3 John Connell 62 Lawson Road COURTICE, Ont. LlE 2K3 ® SUBJECT SITE LOT 35 LOT 34 LOT 33 A ; II A 0 P ' u') .RE I � ! RE4 + I J Z A _o M (D LAWSON RD. (H)R1 R1-17 A RI EP z Q (H)RI 0 EP I 0' �N F >- R1 W A _j W _ ° 1 ° V �- R1 o EP ~ (H)ft zz Z HARTSFIEL �; ° RI-19 w RI 0 Cr (H)RI A EP � w R2-t Z n (H)R 4- J A fti-i1 Z R t R3-1 3 3- o EP R1 Rl EP 1.1 NASH ROAD KEY NEAP 50m X00 200 300m Dev. 91 -025 , 18T-89115 Attachment No 1 - v - sutton group status realty inc. AN INDEPENDENT MEMBER BROKER 286 King St. W,, Oshawa, Ontario L1J 2J9 Tel: (416) 436-0990 Fax: (416) 436-6045 F . A ACT I 5 19� ATTN: LARRY HANNAH RE: PLAN OF SUBDIVISION & ZONING CHANGE EFFECTING LAWSON RD. Dear Larry, in respect to the residents concern on the above matters this will confirm the withdrawing of our opposition to them.This is based on your verbal commitment to have sewers installed on our properties at the same time that Mr . Jeffries recieves servicing . You will find enclosed a signed petition by the majority of residents on Lawson Rd requesting sewers . Please keep us informed on all matters affecting our nieghbourhood . Regards , Attachment No 2 REALTOR+a,- .r r I 2 The undersigned residents hereby petition the Region of Durham to construct a sanitary sewer to service our properties. We are aware of the applicable frontage and connection charges and are willing to pay this share of the cost. It is recognized that the frontage charge rates which will be applicable will be those in effect in the year of construction and the applicable connection charge rate will be that in effect at the time application is made to connect to the water system. 1991 RATES Frontage Charge Connection Charge - $2,375.00 Lump Sum Payment - S 47.86 per foot of frontage - or - Annual Payment - S 8 , 47 per foot of frontage per annum for period of 10 years OWNERS NAME (Please Print) I ADDRESS ! LOT NO. I PLAN NO. ! SIGNATURE bum �� t rJ 2�\ t- R X;_a ,U 3sf �(. 1 � 1 i - 3q I } (S / J I ! i DN: DEV91025.GPA THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 91- being a By-law to amend By-law 84-63, the Comprehensive Zoning By- law for the Corporation of the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Town of Newcastle to permit the development of a 39 unit pin of subdivision (18T-89115) . NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Schedule 114" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from "Agricultural (A)" to "Urban Residential Type Two - Holding ((H)R2)" Zone and from "Agricultural (A)" to "Environmental Protection (EP)", as illustrated on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject .to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 1992. BY-LAW read a second time this day of 1992. BY-LAW read a third time and finally passed this day of 1992. MAYOR CLERK :% �' This is Schedule "A" to By-law 92 passed this day of—, 1992 A.D. LOT 35 CONCESSION 3 LAWSON ROAD 1 7. x FUIURE "i Eq - -" 0 Z 0 0: W Z J z '4- 4- INVr ZONING CHANGE FROM 'A' TO '(H)R2 MM ZONING CHANGE FROM 'A' TO ' EP' ESM ZONING TO REMAIN 'EP' Mayor Cleric LOT 35 LOT 34 LOT 33 A AI Il In P R RE- _j < __—__ — ———————— z A 2 W LAWSON RD. (H)RI RI-17 a 11 z A RI EP < (H)RI 0 0: EP 1 V)2' AF >- RI V) A W _j LLJ 0 R1 0: 1 P U P z 0 0 z RI-19 W R1 L) 0: (H)RI W A >4 z A RMI (H)RI z R1 EP R1 R1 0 50 100 200 300m COURTICE. (^ l NASH ROAD som