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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 tfri'k ;� _o I M 7 rE ,�! 4 ® t y ' n 0 \ P 0 P u to • , 1 I 1 r- �. 50 \r r 7 f r1� J '7 r f` I .r 1 1 "W'7 ':I'''� y�. \��� ♦I 't' fly J s i r .1. \ r -C ti i \ ':W1+ � ,�,• .\ r I 1' T \ N •W 1 � \ \ �♦ `cam \ a _>F t � 3 r r v .Y F e :r ra a � R+ \ 1 I:d r t^ y 1 �.`q-`��.�\.� gin'- "! a fix•::::;:.::.• : ::�': :} % It r /nod t�p4 ppp" HIGH D ENSITY RESIDENTIAL F4REA N. hl r`'Fe.�`\rrc,YaR'1{�J�:1 \t`S.{_ •:r•�•j. `•':':::: ��'• �• F 1>tri Nf� \�'y �,✓T j t`�'1�.\�I�/i�r f'`�C,�`k;�/ �- G''`�iS.,•�:::.. �"�;-��r¢c'� ✓.��ta �,�,/ 1 �r .��•,xS4: :•. i (�" ei W''��'F�.\�� , "v,rCL \SHI ""•� "'N: 1 �Ai.�l�1�; i.�`�.. ::. rt}'( S� ��.r'�'1 Ft�i ..":? >-t.—'r�„�•�+-,/ '�J \ �'q\`r�Y�(�q��J \��L•:S+-�?`� 1�1J'Ylh �i.t;� s\ �,.�11^`rc=C���V4, o 401 \ N r -C.N a- -, 7