HomeMy WebLinkAboutPD-45-92 THE CORPORATION OF THE TOWN OF NEWCASTLE
DN: ROADSIDE.GPA
REPORT
PUBLIC MEETING
Meeting: General Purpose and Administration Committee File # 1rs biD ),
LA
Res. #
Date: Monday, February 17, 1992
By-Law#
Report#:_pD,45-� File #: OPA 90-104/N
Subject: OFFICIAL PLAN AMENDMENT
ROADSIDE DEVELOPMENTS LIMITED
PART LOT 11, CONCESSION 1, FORMER TOWN OF BOWMANVILLE
FILE: OPA 90-104/N
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-45-92 be received;
2 . THAT File OPA 90-104/N, being an application by Roadside
Developments Limited to introduce a "High Density" (H) symbol at
the northwest corner of Baseline Road and Liberty Street and to
permit a density in excess of the maximum permitted by the High
Density designation be APPROVED only insofar as to permit the
introduction of the High Density symbol, as Amendment No. 48 to the
Official Plan of the Town of Newcastle, as indicated in Attachment
No. 1 hereto.
3 . THAT the necessary by-law to adopt the above-referenced Official
Plan Amendment be passed and the Amendment be forwarded to the
Ministry of Municipal Affairs and the Region of Durham Planning
Department.
4. THAT the interested parties listed in this report and any
delegation be advised of Committee's and Council's decision.
1. APPLICATION
1. 1 Applicant: Roadside Developments Limited
1. 2 Agent: Allan Rae, Architect Inc.
1. 3 Official Plan Amendment: Seeking approval to introduce a High
Density (H) symbol on the subject
property and to exceed the maximum
allowable density permitted by the
High Denisty (H) designation.
REPORT NO. : PD-45-92 PAGE 2
1.4 Area: . 59 hectares (1.45 acres)
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 to amend the Town of Newcastle Official Plan
submitted by Roadside Developments Limited. In December of
1990, the applicant also filed an application with the
municipality to amend the Town of Newcastle Comprehensive
Zoning by-law 84-63 in order to implement the proposal. The
application has been amended several times as the applicant
has attempted to address the Planning Department's concerns
regarding density.
2 .2 The subject property is a rectangular shaped parcel located
on the north side of Baseline Road between Liberty Street and
Duke Street but is more formally described as Part Lot 11,
Concession 1, in the former Town of Bowmanville.
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 was
installed on the subject lands. In addition, the appropriate
notice was mailed to each landowner within the prescribed
distance. The Public Meeting with respect to the zoning
amendment application was held on April 8, 1991.
3 .2 As of the writing of this report, no written submissions have
been received. However, one area resident expressed concerns
at the Public Meeting pertaining to entrances, shadow effects
and the architecture of the structure.
3 . 3 On June 27, 1991, the Regional Municipality of Durham Act was
amended by deleting two sections which dealt with the approval
of amendments to local Official Plans. As a result of this
amendment, the area municipalities in Durham Region must now
REPORT NO. : PD-45-92 PAGE 3
adopt all amendments to their local Official Plans.
Previously, Regional Council adopted all amendments by by-
law and forwarded them to the Ministry of Municipal Affairs.
3 .4 Therefore, since the original Public Meeting was held to
satisfy the Planning Act's requirements for a zoning by-law
amendment a new Public Meeting was necessitated. In this
regard, the Notice for the Public Meeting to consider the
subject Official Plan Amendment was published in the local
newspaper on Wednesday, January 15, 1992 . As well, notice of
the Public Meeting was mailed to the applicant and his agent,
as well as to all parties who made submissions and
delegations. Notice of the Public Meeting was also posted on
the existing information signs on the subject property.
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 Durham Regional Official Plan designates the
subject property as a Living Area. As a residential use, the
proposal conforms with the intent of both the existing and the
recommended Durham Regional Official Plan.
4 . 2 Within the Bowmanville Major Urban Area, the Town of Newcastle
Official Plan establishes a maximum of 30 units per net
residential hectare for Low Density Residential development,
a maximum of 55 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 applicant intends to develop the . 59 hectare
(1.45 acre) parcel with a seven (7) storey 77 unit condominium
which equates to a density of 129. 36 units per net residential
hectare. This density exceeds the maximum permissible density
as permitted by the Town of Newcastle Official Plan.
19
REPORT NO. : PD-45-92 PAGE 4
4 . 3 However, proposals for higher density residential development
than permitted by the Official Plan may, in some cases, be
considered to be in conformity with the Plan provided that the
Region of Durham ascertains that servicing capacity exists and
provided that the proposed higher density does not lower the
development potential of other vacant residential land in the
neighbourhood below a density of 17 units (50 persons) per
gross hectare as established by the Official Plan. Therefore,
the applicant has applied to amend the Town of Newcastle
Official Plan in order to introduce a High Density (H) symbol
on the subject property and to be given special consideration
in order to permit a density which exceeds the maximum
permissible density established within the Official Plan.
5. ZONING BY-LAW CONFORMITY
5. 1 Within the Town of Newcastle Comprehensive Zoning By-law 84-
63 , the subject property is zoned in part "Urban Residential
Type One (R1) " and in part "Service Station Commercial (C7) " .
The current zone categories would not permit the proposed
development. The applicant has applied to amend the zoning
by-law accordingly. However, this report deals solely with
the merits of the Official Plan Amendment application and the
zoning by-law amendment application will be dealt with in a
separate report at a later date.
6. AGENCY COMMENTS
6. 1 The application for Official Plan Amendment 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 the
comments received to date.
6. 2 The Public Works Department has advised that they have no
objection to the proposal subject to the following conditions:
) 20
REPORT NO. : PD-45-92 PAGE 5
1) That all works and services are designed and constructed
in accordance with the Town of Newcastle Design Criteria
and Standard Drawings and all applicable legislation and
to the satisfaction of the Director of Public Works.
2) That the applicant enter into a development agreement
with the Town including all requirements of the Public
Works Department regarding the engineering and
construction of all internal and external (if applicable)
works and services related to this site plan.
3) That the applicant's engineer prepares a Lot Grading and
Drainage Plan that details the conveyance of storm
drainage, both Major and Minor systems from this site.
In addition, this grading and drainage plan should
specify the location of the storm connection and to which
existing storm sewer system the applicant proposes the
connect. As such time that we receive this information,
we may review same and determine the financial
implications that this site may have on the Town with
regard to the Development Charges Act and the Town's By-
law. Further comments may be necessary for site plan
approval to deal with this matter.
4) That the applicant provides for the illumination of the
site and the access onto existing streets.
5) That the applicant meets all the requirements of the
Public Works Department, financial or otherwise.
However, the Planning and Development Department advises for
the Committee's and the applicant's information that these
conditions will be imposed through the zoning amendment and
the site plan approval applications.
6. 3 The Regional Works Department has advised that they have no
objection to the proposal but will acquire road widenings and
provide comments on access points through the Site Plan
Approval process.
6.4 The Community Services Department has advised that the
population generated by the proposal can be accommodated and
serviced by Bowmanville Memorial Park and Soper Creek Park.
Therefore, the Community Services Department has no objection
to the proposal but will require the parkland dedication
2 1
REPORT NO. : PD-45-92 PAGE 6
requirements, imposed through Site Plan Approval, to be
accepted as cash-in-lieu with the funds credited to the Parks
Reserve Account.
6. 5 The balance of the circulated agencies which have provided
comments were the Town of Newcastle Fire Department, the
Public School Board, the Separate School Board, the Central
Lake Ontario Conservation Authority and the Ministry of
Transportation. None of the aforementioned agencies have
provided objectionable comments.
7. STAFF COMMENTS
7. 1 Section 7 . 2 . 1. 2 (iv) (d) of the Town of Newcastle Official
Plan has established policies for Medium and High Density
Residential development and state that proposals for higher
density developments shall be located:
(a) in proximity to facilities and services including
shopping, school parks and transportation;
(b) on sites whose amenities or other physical attributes are
suitable for medium and high density uses;
(c) where there is a minimum physical and/or adverse effect
on adjacent uses and surrounding areas.
7. 2 Furthermore, Section 7.2 . 1. 2 (iv) (c) of the Town of Newcastle
Official Plan has established policies for High Density
Residential development which state that High Density
development "shall be encouraged to locate on sites where
there is a transition of Medium Density uses between High
Density uses and Low Density uses" . The applicant's current
submission proposes a total of 77 units which equates to a
density of 129 units per net residential hectare. In view of
the nature of the westerly abutting neighbourhood, staff are
of the opinion that this density is excessive and may
adversely impact on the low density properties which are in
close proximity to the subject lands.
t
REPORT NO. : PD-45-92 PAGE 7
7. 3 Nevertheless, Staff concede that the site is an appropriate
site for a High Density use since the site is highly visible,
located at the intersection of two arterial roads, in close
proximity to Memorial Park and Soper Creek Park, in close
proximity to the Ontario Street Public School and St.
Stephen's Separate School and easily accessible to both
Highway 401 and the Bowmanville Main Central Area. Therefore,
Staff are of the opinion that the introduction of a High
Density (H) symbol, with a maximum allowable density of 80
units per net residential hectare, would be appropriate and
desirable. This would allow the development of the site for
48 apartment units as opposed to the 77 units proposed. In
addition, the reduction in density would allow for a more
flexible building design and an increase in the amount of
landscaping, all of which would serve to lessen any possible
negative impacts.
B. CONCLUSION
8 . 1 In view of the foregoing, the Town of Newcastle Planning and
Development Department respectfully recommends that the
Official Plan Amendment application submitted by Roadside
Developments be APPROVED only insofar as to permit the
introduction of a High Density (H) symbol on the subject lands
which would allow for a maximum of 48 apartment units.
8. 2 In addition, staff further recommend that the request to
exceed the maximum allowable density permitted by the High
Density (H) designation be DENIED.
8. 3 Finally, staff advise for the Committee's and the applicant's
information that the related zoning amendment application (DEV
90-098) will be dealt with in a separate report to the General
Purpose and Administration Committee subsequent to approval
of Amendment No. 48 by the Minister of Municipal Affairs.
2J
REPORT NO. : PD-45-92 PAGE 8
Respectfully submitted, Recommended for presentation
to the Committee
--d1V-,P4,11 ,
Franklin Wu, M.C.I.P. Lawrence E. Kotseff
Director of Planning Chief A istrative
and Development Officer
WM*LT*FW*df
*Attach
6 February 1992
Interested parties to be notified of Council and Committee's decision:
Roadside Developments Ltd.
R.R.#2
Claremont, Ontario.
LOH 1E0
Allan Rae Architect Inc.
510 Eastern Avenue
Toronto, Ontario.
M4M 1C7
Werner Graffmann
85 Thorncliffe Park Drive
East York, Ontario.
M4H 1L6
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 92-
being a By-law to adopt Amendment Number 48 to the Official Plan
of the Town of Newcastle
WHEREAS Section 17 (6) of the Planning Act, 1983, as amended,
authorizes the Town of Newcastle to pass by-laws for the adoption
of or repeal of Official Plan and amendments thereto.
AND WHEREAS the Council of the Corporation of the Town of
Newcastle deems it advisable to amend the Official Plan of the
Town of Newcastle to incorporate an amendment related to the
Bowmanville Major Urban Area.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation
of the Town of Newcastle enacts as follows:
1. That Amendment Number 48 to the Official Plan of the Town of
Newcastle, being the attached Exhibit "A" and Explanatory
Text, is hereby adopted.
2. That the Clerk of the Town of Newcastle is hereby authorized
and directed to make application to the Minister of
Municipal Affairs for approval of the afore-mentioned
Amendment Number 48 to the Official Plan of the Town of
Newcastle.
3. That this By-law shall come into force and take effect on
the day of the final passing thereof..
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
AMENDMENT NO. 48 TO THE OFFICIAL PLAN
OF THE TOWN OF NEWCASTLE
PURPOSE: The purpose of this Amendment is to introduce
a "High Density (H) " symbol within
Neighbourhood 1A of the Bowmanville Major Urban
Area.
LOCATION: The lands subject of this Amendment are a .59
ha (1.45 acres) parcel at the northwest corner
of Baseline Road and Liberty Street in the
Bowmanville Major Urban Area, and are more
specifically described as Part Lot 11,
Concession 1, in the former Town of
Bowmanville, now the Town of Newcastle.
BASIS: This Amendment is based on Application OPA 90-
104/N which seeks increased densities on the
subject property in order to permit a high
density use on the subject lands.
ACTUAL
AMENDMENT: The Official Plan of the Town of Newcastle is
hereby amended as follows:
1. By amending Schedule 7-1 (Land Use
Structure Plan - Bowmanville) as indicated
in Exhibit "A" to this Amendment.
Exhibit "A" attached hereto shall form part of
this Amendment.
IMPLEMENTATION: The provisions set forth in the Official Plan
of the Town of Newcastle, as amended, regarding
the implementation of the Plan, shall apply to
this Amendment.
INTERPRETATION: The provisions set forth in the Official Plan
of the Town of Newcastle, as amended, regarding
the interpretation of the Plan, shall apply to
this Amendment.
.EXHIBIT "A" TO AMENDMENT NO' EWCASTLE
TO THE OFFICIAL PLAN OF THE TOWN OF N
N• HWY N° 2
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