HomeMy WebLinkAboutPD-44-92 THE CORPORATION OF THE TOWN OF NEWCASTLE
DN: DEV91017 .GPA
REPORT
P U B L I C M E E T I N G
General Purpose and Administration Committee DOCI N r?) Cc!
Meeting: File #
Date: Monday, February 17, 1992 Res. #-(-:—,
PD-44-92 DEV 91-017 By-Law#
Report#: File #:
Subject: REZONING, SUBDIVISION, & NEIGHBOURHOOD PLAN AMENDMENT APPLICATIONS
PART LOT 30, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON
FILE: DEV 91-017, 18T91006, NPA 91-02/CN
G M SERNAS ON BEHALF OF 848601 ONTARIO INC.
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-44-92 be received;
2 . THAT application to amend the Town of Newcastle Comprehensive
Zoning By-law 84-63 , as amended, submitted by G.M. Sernas on
behalf of 848601 Ontario Limited be referred back to Staff for
further processing and the preparation of a subsequent report
upon receipt of all outstanding comments; and
3 . THAT the Durham Region Planning Department, and all interested
parties listed in this report and any delegation be advised of
Council's decision.
1. APPLICATION DETAILS
1. 1 Applicant: G.M. Sernas
1. 2 Owner: 848601 Ontario Limited
1. 3 Rezoning: From "Agricultural (A) " and "Environmental
Protection (EP) 11 to a zone appropriate to permit
the development of 77 dwelling units.
1.4 Subdivision: 33 townhomes and a block for 9 townhomes, 20 semi-
detached dwelling units, and 15 single dwelling
units
1. 5 Neighbourhood Plan Amendment:
From Medium Density Residential (20 units per ha)
and Minor Open Space to a designation appropriate
to permit a density of 40 units per net hectare
1. 5 Area: 2 . 699 ha 9. 2
REPORT NO. PD-44-92 PAGE 2
2 . LOCATION
2 . 1 The subject lands are located in Part of Lot 30, Concession 3 in
the former Township of Darlington. The site is just east of
Trulls Road, abutting Registered Plan of Subdivision 40M-1684 and
40M-1685. (See Attachment # 2) .
3 BACKGROUND
3 . 1 On April 15, 1991 the Planning Department received an application
to amend the Town of Newcastle Comprehensive Zoning By-law 84-
63 , as amended, and the Neighbourhood Plan. The affiliated
subdivision application was received on May 1, 1991.
3 .2 The applicant has since revised the application and submitted the
revisions to the Region and the Town of Newcastle. The original
application proposed the development of a total of 154 Townhouses
on 4 . 65 hectares of land. The applicant has reduced both the
site area, and the number of units proposed. Additionally, the
applicant has provided a mix of housing types and a 0.2 ha park
in this revised plan.
4 EXISTING AND SURROUNDING USES
4 . 1 Existing Uses: vacant
4 .2 Surrounding Uses:
East - vacant, proposed residential development (18T77028)
West - registered plan of subdivision 40M-1684
South - registered plan of subdivision 40M-1685
North - vacant, proposed residential development (18T88057)
5 OFFICIAL PLAN POLICIES
5. 1 Both the 1976 and 1991 Durham Region Official Plans designate the
subject lands as "Residential/Living Areas" with indications of
Environmentally Sensitive Areas" . Section 1. 2 . 2 of the 1976 Plan
states that the extent of "Environmentally Sensitive Areas" can
be determined when a development application is being processed.
It is noted that this section specifies that development in
. . . . . 3
) 10
REPORT NO. PD-44-92 PAGE 3
environmentally sensitive areas may be permitted provided that:
the type or magnitude of the proposed development is compatible
with the environmental conditions that exist in the area; or
that measures have been undertaken to mitigate any resulting
negative environmental impact.
Section 2 . 3 . 14 of the 1991 Official Plan states that when
development applications are located in proximity to
environmentally sensitive areas, "Regional Council shall select
and retain a qualified environmental consultant to prepare an
environmental impact study at the expense of the proponent" .
5. 2 The Town of Newcastle Official Plan designates these lands as
"Residential" . Policies in this Plan encourage that a mix of
housing types be provided.
5. 3 The Neighbourhood Plan shows that the lands are designated
"Residential Medium Density maximum of 20 units per net hectare",
and "Minor Open Space" . The purpose of Minor Open Space areas is
to preserve unique or important elements which have local
significance. These areas are not to be developed. The Minor
Open Space lands are located in the western portion of the Park
Block. Preliminary discussions with our Community Services
Department have revealed that any lands susceptible to flooding
will not be accepted as parkland dedication.
6 ZONING BY-LAW PROVISIONS
6. 1 The subject land is predominantly zoned "Agriculture (A) " with a
small portion at the north end zoned "Environmental Protection
(EP) " . Rezoning is required in order to permit residential
development.
7 PUBLIC MEETING AND SUBMISSION
7. 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
1 "I
REPORT NO. PD-44-92 PAGE 4
7.2 At the first Public Meeting held on June 3, 1991, a resident
expressed opposition to this application because the lands are
zoned agricultural and environmental protection.
8 AGENCY COMMENTS
8. 1 In accordance with departmental procedures, the application was
circulated to obtain comments from other departments and
agencies. The following departments/agencies in providing
comments, offered no objection to the application as filed:
Town of Newcastle Fire Department
8. 2 The Ministry of Natural Resources has no objection to the
application provided that a number of conditions regarding the
conveyance of stormwater be met by the applicant before
registration of the subdivision. However, the Ministry did
request that the "Environmental Protection" lands remain so zoned
to provide a 15 metre buffer between the developable lands and
the cold water tributary.
8. 3 The Northumberland and Newcastle Public School Board noted that
presently Courtice North Public School is over capacity, and that
this application will generate approximately 25 students.
8 .4 Ontario Hydro had no objections to this proposal, provided that
the following will be incorporated into any draft approval the
application may receive.
111) The costs of any relocations or revisions to Ontario
Hydro facilitates which are necessary to accommodate
this subdivision will be borne by the developer.
2) Any easement rights of Ontario Hydro are to be
respected.
3) The developer should contact the local Ontario Hydro
Area Office to verify if any low voltage distribution
lines may be affected by the proposal. "
. . . . .5
REPORT NO. PD-44-92 PAGE 5
8 .4 Comments have yet to be received from the following agencies:
Town of Newcastle Community Services Department
Town of Newcastle Public Works Department
Durham Region Planning Department
Durham Region Works Department
Central Lake Ontario Conservation Authority
Peterborough Victoria Northumberland Newcastle Roman
Catholic Separate School Board
Ministry of the Environment
Canada Post
Bell Canada
9 STAFF COMMENTS
9. 1 Although the applicant has reduced the number of units from the
original plan, Staff is of the opinion that the latest revision
does not provide for a desirable balance of housing mix. The
current plan is dominated by townhouse development and the
proposed density still doubles the neighbourhood plan density.
Staff will not be supporting the current plan as proposed unless
the applicant addresses the issues raised.
9 . 2 In addition, the Durham Plan identifies the area as
environmentally sensitive. Although comments are still
outstanding from Durham Region Planning Department, we have been
advised that the Region will be meeting with the applicant to
resolve this issue.
10 CONCLUSION
10. 1 The purpose of this report is to provide a status report and to
satisfy the requirement of the Planning Act. This application
should be referred back to Staff for further review. Staff will
report back when all the comments from the circulated agencies
have been received and the applicant has addressed the concerns
raised in this report.
REPORT NO. PD-44-92 PAGE 6
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C. I.P. Lawrenc Kotseff
DIrector of Planning Chief i istrative
and Development Officer
HB*FW*cc
Attachment # 1 - Key Map
Attachment # 2 - Proposed Plan
7 February 1992
Interested parties to be notified of Council and Committee's decision:
848601 Ontario Limited G.M. Sernas and Associates
5460 Yonge Street 110 Scotia Court
Suite 212 Unit 41
North York, Ontario Whitby, Ontario
M2N 6K7 L1N 8Y7
Evylin Stroud Harold Segal
89 Little Avenue 703 Fernhill Blvd .
Bowmanville, Ontario Oshawa, Ontario
L1C 1J9 L1J 5K2
Harry Fisher
Suite 105
49 St. Clair Ave. W.
Toronto, Ontario
M4V 3A5
14
ATTACHMENT 1
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