HomeMy WebLinkAboutPD-39-92 THE CORPORATION OF TIFF TOWN OF NEWCASTLE
DN: DEV88136
REPORT
Meeting: General Purpose and Administration Committee File#
Date: Monday, February 3 , 1992 Res. # ~'
Report#:
PD-39-92 File DEV 88-136 (X-REF 18CDM-89031) By-Liwrt# -
Subject: REZONING AND PROPOSED PLAN OF CONDOMINIUM APPLICATION
542985 ONTARIO LIMITED
PART LOT 14, CONCESSION 2, FORMER TOWN OF BOWMANVILLE
FILE: DEV 88-136 (X-REF 18CDM-89031)
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-39-92 be received;
2 . THAT application to amend the Town of Newcastle
Comprehensive Zoning By-law 84-63 , as amended, submitted by
G.M. Sernas and Associates on behalf of 542985 Ontario
Limited be Approved and that a zoning by-law amendment be
brought forward for Council's approval at such time the
applicant has entered into a Development Agreement to the
Town's satisfaction;
3 . THAT the proposed Plan of Condominium (18CDM-89031) revised
and dated December 1991, as per Attachment No. 2 , be
APPROVED subject to entering into a Development Agreement
satisfying the Town of Newcastle financially and otherwise;
4 . THAT the interested parties listed in this report and any
delegation be advised of Council's decision.
1. APPLICATION DETAILS
1. 1 Applicant: 542985 Ontario Ltd.
1. 2 Agent: G. M. Sernas & Associates Ltd.
1. 3 Rezoning Application: from "Urban Residential Type One
(R1) " to "Urban Residential Type
Three (R3) " to permit the
development of twenty-two (22) unit
townhouse condominium.
1. 4 Land Area: 0. 597 ha (1. 47 acres)
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. . 2
21
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REPORT NO. : PD-39-92 PAGE 2
2. LOCATION
2 . 1 The subject property is located in Part Lot 14 , Concession
1, former Town of Bowmanville. The land is a triangular
shaped parcel bounded by Martin Road to the west, Regional
Road No. 57 to the east and an existing townhouse
development north of Alonna Street, to the south.
3. BACKGROUND
3 . 1 The subject rezoning and associated site plan application
was originally received by the Town of Newcastle Planning
and Development Department in December of 1988 . In December
of 1989, the Town was advised and requested to provide
comments on a related application for proposed plan of
condominium for the subject property (18CDM-89031) .
3 . 2 A public meeting in consideration of the rezoning
application was held in April of 1989 upon receipt of the
application. Planning Staff requested and held a second
public meeting in October of 1991. Planning Staff believed
the second public meeting was warranted due to the amount of
time that had elapsed since the original public meeting in
1989 . The applicant has continued to work with planning
staff as well as other commenting agencies to resolve all
concerns related to the application.
3 . 3 As a result of the various comments submitted by the
circulated agencies, the applicant has submitted a noise
impact study and stormwater management report in support of
the application. As well the applicant has produced, at the
request of the Planning Department, townhouse unit designs
which would compliment the unique locational features of the
site. The applicant is proposing to construct eleven (11)
of the dwelling units taking advantage of the significant
. . . 3
22 ,-
REPORT NO. : PD-39-92 PAGE 3
grade change from north to south, while the other eleven
units are designed to appear as if they front on Martin Road
when all access is limited to an internal road.
4 EXISTING AND SURROUNDING USES
4 . 1 The existing site is currently vacant.
4 . 2 Surrounding land uses are as follows:
South: an existing townhouse development and further
south additional residential dwellings fronting on
Alonna Street.
East: Regional Road No. 57 and existing residential
dwellings fronting on Rosalynne Ave.
North: existing residential fronting on Regional Road No.
57 . and vacant lands subject to residential
development applications on the west side of
Regional Road No. 57 .
West: an existing residential dwelling and vacant lands.
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 for both the April 1989 and October 1991 public
meetings.
5. 2 Following the public notice circulation for the April 1989
and the October 1991 public meeting some interest was
expressed from neighbouring residents with regards to the
proposal. Additionally one letter of objection was received
from an abutting property owner. The letter expressed
concerns related to the location of the garbage disposal
. . . 4
') 2 '
REPORT NO. : PD-39-92 PAGE 4
area, located almost directly in front of their home. The
orientation of the proposed townhouse units with their rear
yards facing Martin Road and the front yard of the concerned
resident also was considered inappropriate. The removal in
part of the berm along Regional Road No. 57 was perceived to
increase noise levels at the neighbouring residence and
visitor parking is envisioned as being deficient and a
potential problem in the future.
6 OFFICIAL PLAN POLICIES
6. 1 Within the Durham Regional Official Plan the subject
property is designated "Residential" . Within the Durham
Official Plan as adopted by Regional Council June 5, 1991,
the land is designated as "Living Area" . Both designations
encourage a variety of housing styles, type and tenure.
6 . 2 Within the Town of Newcastle Official Plan, Bowmanville
Major Urban Area, the subject property is designated as
"Medium Density Residential" with indications of "Hazard
Lands" . The lands are located in neighbourhood 113B" which
has a population target of 5800 people.
6 . 3 The medium density symbol represents the location of the
existing townhouse development as well as future medium
density developments. All developments are to be in
compliance with the population target and a density of 30 to
55 units per net hectare. The application proposes a
density of approximately 36 . 8 units per net ha, which is
incompliance with the medium density guidelines. Staff
further note the twenty-two (22) units proposed represents a
small percentage of the 5800 person (1934 unit)
neighbourhood population target.
. . . 5
2 2" 4
REPORT NO. : PD-39-92 PAGE 5
6. 4 The hazard land designation in this case represents the
steep grade of the land as it abuts Regional Road No. 57 .
Development or redevelopment of hazard lands shall be
subject to the regulations of the Central Lake Ontario
Conservation Authority and the relevant provisions of the
Regional Official Plan. Central Lake Ontario Conservation
Authority has no objection to the proposal. The application
would appear to conform.
7 ZONING
7 . 1 The current zoning on the subject property is "Urban
Residential Type One (R1) " . Said zoning limits the
permitted uses to single family dwelling units, semi-
detached/link dwelling units and/or duplex dwellings. The
proposed townhouse units would not be permitted, hence the
rezoning application.
8 AGENCY COMMENTS
8 . 1 In accordance with departmental procedure the subject
application was circulated to a number of agencies and
departments for comment. The following agencies have
provided no comment or objection to the proposal; the Town
of Newcastle Fire Department, the Newcastle Hydro Electric
Commission, the Separate School Board and the Ministry of
the Environment.
8 . 2 The Town of Newcastle Public Works Department Staff have
reviewed the proposal and supporting documentation and have
advised they have no technical difficulties with the
proposal. The Storm Water Management Plan for the site is
satisfactory. The applicant will be required to receive
approval from the Region of Durham for the proposed entrance
on Martin Road and the closing of the intersection of
. . . 6
25
REPORT NO. : PD-39-92 PAGE 6
Regional Road 57 and Martin Road. The appropriate stop
signs are to be erected and minor road improvements
undertaken will also require the necessary approvals.
Public Works Department Staff have also advised that the
applicant will be responsible for the construction of a
sidewalk on Martin Road connecting the site to the existing
sidewalk to the south.
8 . 3 The Town of Newcastle Community Services Department has
advised they have no objection to the proposal. Future
residents from the site will be accommodated in the existing
park at Baseline Road and the park and parkette proposed
through abutting developments. The applicant will be
required to provide cash-in-lieu of parkland at rate
equivalent to 1 ha per 300 dwelling units.
8 . 4 The Public School Board has advised that the Board's review
of the application has identified some concerns, as a result
the applicant will be required to provide sidewalks from the
site to match existing sidewalks on Martin Road. This will
provide a link to the existing sidewalk for children walking
to school.
8 . 5 Regional Planning Staff have commented that the subject
property is designated "Residential" in the Durham Regional
Official Plan and is designated "Residential" with
indications of "hazard Land" in the Town of Newcastle
Official Plan. They also noted the medium density symbol in
the vicinity of the subject lands indicates the location of
existing and proposed development. With respect to the
indication of the Hazard Lands, Regional Staff highlighted
the section with regard to preservation and conservation of
the natural land and environment and acknowledged that
consultation with the local Conservation Authority is to
take place. . . . 7
X226
REPORT NO. : PD-39-92 PAGE 7
8 . 6 Regional Public Works has advised that services are
available to the site from Martin Road. Regional Works has
no objection subject to the developer entering into a
servicing agreement with Region prior to Site Plan Approval.
8 . 7 The Central Lake Ontario Conservation Authority Staff have
advised that their concerns with regard to drainage problems
have now been satisfactorily addressed. Therefore,
Authority Staff have no objection to the proposal subject to
conditions.
9 STAFF COMMENTS
9. 1 The applicant has been successful in addressing the concerns
of Central Lake ontario Conservation Authority and the Town
of Newcastle Public Works Department with regards to storm
water management. In addition, the applicant has submitted
a Noise Impact Study which identified measures to mitigate
noise impacts on the development from Regional Road 57. The
proponent has addressed Planning Staff's concern relative to
the grades of the site and impact on abutting properties to
the south through the design of the proposed units. The
design of the units backing on Martin Road has also been
revised to mirror the front of the units. The design of the
waste disposal enclosure has been revised to architecturally
match the dwelling units, as well the landscape details
including the on-site tot lot have been reviewed and
considered acceptable to staff.
9. 2 In response to the concerns of the neighbouring resident.
(i) The applicant has relocated the waste disposal facility
slightly to the north, while relocating two previous
'stand alone units' and adding them to the most
westerly row of dwelling units. The waste disposal
area is fully enclosed and matches the architecture of
the dwellings. . . . 8
221
REPORT NO. : PD-39-92 PAGE 8
(ii) The applicant submitted a revised noise attenuation
study indicating all the units on the western boundary
satisfy Ministry of Environment noise requirements for
indoor and outdoor areas.
(iii) The architectural aspects for the rear of the dwelling
units facing Martin Road mirrors that of the front of
the dwellings.
(iv) On site parking includes two parking spaces per unit
(garage and driveway) , plus an additional twelve (12)
visitor parking spaces for a total of 56 parking spaces
for 22 units. This is in excess of the zoning by-law
minimum requirements of 44 spaces.
(v) The applicant is proposing to develop the site as a
townhouse condominium, therefore, there will be a
consistent approach to maintenance of the site and
little need for personal accessory structures in the
rear yards. The site plan, as submitted, does not
indicate any personal accessory structures, such as
storage sheds. To permit any would require an
amendment to the site plan agreement.
10 CONCLUSION
10. 1 In consideration of the comments contained within said
report, the site plan drawings and the background
information submitted in support of the application, Staff
would recommend approval to the Region of Durham on the
application for proposed plan of condominium (18CDM-89031) .
Staff also recommend approval of the rezoning application
and will forward the amending by-law to Council at such time
the applicant has executed a site plan agreement to the
satisfaction of the Town. . . . 9
�� 228
REPORT NO. : PD-39-92 PAGE 9
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C. I .P. Lawrenc Kotseff
Director of Planning Chief A Unistrative
and Development Officer
CP*FW*cc
*Attach
24 January 1992
Interested parties to be notified of Council and Committee's
decision:
542985 Ontario Limited
P.O. Box 1643
PORT PERRY, Ontario LOB 1NO
G. M. Sernas & Associates Ltd.
110 Scotia Court
Unit 41
WHITBY, Ontario L1N 8Y7
Mr. & Mrs. Baker
71 Martin Road South
R. R. #6
BOWMANVILLE, Ontario L1C 3K7
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Attachment No. 1
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PROPOSED
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CONCESSION I
TOWN OF NEWCASTLE
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