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HomeMy WebLinkAboutPD-48-90 TOWN OF NEWCASTLE REPORT File # 60 - a�,,S7 70 �j N: VANDEWALKER Res. # By-Law PUBLIC MEETING MEETING: General Purpose and Administration Committee DATE: Monday, February 5, 1990 REPORT #: PD- 48 -90 FIE #: DEV 89-112 SUBJECT: REZONING APPLICATION - VANDEWALKER PART LOT 25, CONCESSION 1, NEWCASTLE VILLAGE FILE: DEV 89-112 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 48 -90 be received; 2 . THAT Application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by E. E. VanDeWalker, be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; and 3. THAT a copy of Council's decision be forwarded to the interested parties attached hereto and delegations present at the meeting. 1. APPLICATION DETAILS 1. 1 Applicant: E. E. Vandewalker (Newcastle Trailer Park) 1.2 Rezoning: From: "Special Purpose Commercial Exception (C4-8) " to an appropriate zone to permit a Trailer Park with eighteen ( 18) mobile homes for year round occupancy. 1. 3 Area: 1. 3 ha (3 .2 acres) . _ 11 -1) REPORT NO. : PD- 48 -90 PAGE 2 2 . BACKGROUND 2 . 1 In October of 1989 an application was received by the Town of Newcastle Planning and Development Department for amendment to the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, as well as amendment to a Site Plan Agreement dating back to 1981. The application was submitted by Mr. VanDeWalker. The application was submitted as a result of Council decision in September 1989 on a previous rezoning application for the subject property. In September, 1989, Committee and Council considered report PD-208-89 which recommended 'DENIAL' of a rezoning application to recognize the expansion of the existing trailer park from 18 to 29 units and from 'seasonal' to 'year round' occupancy. Council concurred with the recommendation to DENY the application and allow the applicant one (1) year to comply with the zoning by-law provisions and 1981 Site Plan Agreement. 2 .2 The current zoning on the subject lands is 'Special Purpose Commercial Exception (C4-8) " . This zone permits a trailer park for seasonal use only. The Site Plan Agreement effecting the subject lands dates back to 1981 and allows eighteen ( 18) seasonal use trailer sites only. 2 . 3 The application presently before Committee/Council wishes to recognize a maximum of eighteen ( 18) units as per the site plan agreement. However, it seeks 'Year Round' occupancy as opposed to seasonal. The applicant concedes that currently the number of units within the Trailer Park is greater than eighteen (18) , he has assured Staff that there will be no more than eighteen ( 18) units on site come September 5, 1990 . 3 REPORT NO. : PD- 48' -90 PAGE 3 3. LOCATION 3 . 1 The subject lands are in Part Lot 25, Concession 1, former Township of Clarke, more specifically known as 623 King St. E. , Newcastle Village. The 1.3 ha site is on the south side of Highway # 2, west of the Canadian Pacific Railway overpass, east of Arthur Street and north of the Graham Creek. 4 . EXISTING AND SURROUNDING USES 4. 1 Existing uses on the subject site include approximately twenty-five (25) mobile homes and trailers and one ( 1) single family dwelling unit. 4.2 Surrounding Land Uses: East: the side is bounded partially by a restaurant/tavern and partially by vacant lands zoned 'Environment Protection (EP) II ; West: the lands are currently vacant and are subject to a Plan of Subdivision and Rezoning; South: the lands are bounded by Graham Creek which also forms the south eastern boundary of the Village Urban Area; North: is an approved Plan of Subdivision for 172 units and a concrete block and manufacturer sales establishment. 5. PUBLIC NOTICE AND SUBMISSIONS 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 within the prescribed distance. 5.2 As of the writing of this report, letters of support had been received from two (2) residents of the park. The letters make the . . . .4 REPORT NO. : PD- 4A -90 PAGE 4 following points in support of the application: much work has recently been put into improving the trailer park; should Council permit only a seasonal park many families would be displaced who live there on a year round basis; currently at least eight (8) families are required to leave; permanent residents contribute more to the local economy and the environment. 6 . OFFICIAL PLAN POLICIES 6 . 1 Within the Durham Regional Official Plan the subject site is designated 'Residential' within the Small Urban Area of Newcastle Village. The Durham Plan permits a Mobile Home Park development in residentially designated areas if such development is considered desirable and compatible with surrounding uses by the local council. It is further noted that mobile home park developments shall be fully serviced with water and sewer facilities designed to Regional standards and approved by the Ministry of Environment. Furthermore, mobile home parks may proceed either by registered plan of subdivision and/or by development control agreement. Such agreement being in accordance with relevant municipal by-laws and having regard for criteria established by the C.M.H.C. publication 'Site Planning for Mobile Homes - A Supplement to the Site Planning Handbook' . 6 .2 Within the Town of Newcastle Official Plan the subject property is designated 'Residential' . Development in Newcastle Village shall be generally restricted to low and medium density, with an overall average density not to exceed fourteen ( 14) units per net residential ha. The subject application for 18 units plus the existing residential dwelling has an overall new residential density of 13. 8 units . . . . .5 0 r REPORT NO. : PD- 48 -90 PAGE 5 7 . AGENCY COMMENTS 7.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following provides a summary of the comments received through the circulation process . 7 .2 The Ministry of Transportation provided no objection in principle to the application. However, they require all access to the subject site meet the Ministry's policies for a commercial access. The Ministry further requires any new buildings or structures be setback a minimum distance of 14 m from the highway property line or 32 m from centreline, whichever is greater. In addition building/land use and sign permits are required from this Ministry prior to any construction. 7 . 3 The Town of Newcastle Fire Department comments note the subject site falls within the recognized response area of Station # 2. Further comments request access routes comply with the Ontario Building Code including turn around facilities; adequate water for firefighting be assured; proper separation between each unit. 7 .4 The Town of Newcastle Public Works Department comments provided no objection to the proposal provided no major changes to existing landscape are made an no existing water course is altered or adversely affected as a result of this development. 7 .5 The Community Services Department Staff have no objection with the proposal subject to a cash-in-lieu of parkland dedication being provided to the Town and that the lands zoned "EP" be dedicated to the Town gratuitously. 7 .6 The Durham Regional Health Department found no objection with the proposal provided that the owner agrees to connect all trailers to municipal water and/or sanitary sewers when they become available. REPORT NO. : PD- 48 -90 PAGE 6 That the owner of the park be held financially responsible for pumping the trailer park holding tanks and ensuring that they are pumped out on a routine basis by a licensed haulier. That all sewage removed from the park must be disposed of at a municipal treatment plant and a copy of the pump-out contract be submitted to the Regional Health Department's office. 7 . 6 The Ganaraska Conservation Authority comments advised that a portion of the subject lands are regulated by the said Conservation Authority. The regulated areas apply to those lands susceptible to flooding and zoned Environmental Protection (EP) . Authority Staff have no objection the proposed rezoning provided that the "EP" zone is recognized and retained. 7 .7 The only agency to provide an unconditional no objection has been Newcastle Hydro-Electric Commission. Comments remain outstanding from Regional Planning, Regional Public Works and the Ministry of the Environment. 8. STAFF C0101ENTS 8. 1 The subject application for Zoning By-law Amendment and Site Plan Approval seeks to legalize the use of eighteen ( 18) mobile home/trailers for year round use and improve the site plan to comply with the standards of today. 8.2 The application has been reviewed by a number of agencies with the respective comments outlined above. The agencies have outlined a number of conditions the applicant must fulfil in order to receive approval. The Official Plan policies permit Mobile Home park developments provided they are fully serviced by municipal water and sanitary sewers . In addition the policies note C.M.H.C. publication which outlines design criteria for such developments. 7 D REPORT NO. : PD- 49 -90 PAGE 7 8 . 3 The C.M.H.C. Site Planning for Mobile Homes A Supplement to the Site Planning Handbook provides the following guidelines for a Mobile Home Park. - mobile home parks shall generally have a minimum of 25 units or 3 acres ( 1.2 ha) ; - all streets should be paved or a compacted granular surface and shall be well drained and graded; - roads should be sufficiently wide to accommodate all underground services, pedestrian walkways, surface drainage and snow storage; - lots should be of a diverse size and shape; - consideration should be made for street lights, garbage containers, signs, benches etc. ; - a minimum of one paved or gravelled parking space per lot and an additional space for every four (4) lots be provided for visitors; - screening and fencing between homes; - a minimum of 25 ft. (7 .5 m) separation to the adjacent lot line be provided from either one of the long sides containing the main entrance door; - a 6 ft. ( 1 .8 m) side yard on the other side is recommended; - units shall be 12 ft. (3 . 6 m) from any public street; - a minimum of 25 ft. (7 .5 m) rear yard shall be maintained between lot line and the rear of the unit; - lawns or suitable cover shall be provided; - a usable open are of at least 450 sq. ft. (42 m2) with a minimum mean dimension of 12 ft. (3 .2 m) ; - all units shall be supported on a secured stand capable of supporting the maximum anticipated load; - all units shall have a skirt from the bottom of the unit to the ground. The above list contains some of the more key considerations in reviewing a Mobile Home Park. 8.4 The site plan submitted would appear to be considerably substandard in terms of spacing between units, open space areas, parking 8 REPORT NO. : PD- 48 -90 PAGE 8 requirements and landscaping. However, the elimination of a number of units to achieve the proposed eighteen ( 18) , would provide for additional lands, and the applicant has indicated he is prepared to re-arrange the remaining units to utilize the additional space in a more equitable fashion. 8 .5 The Regional Official Plan defines Mobile Home in Section 8. 12 .2. 13 as: "a mobile home or modular home unit shall mean a factory-built single family dwelling designed to be made mobile that is sited on a permanent anchoring foundation and connected to service facilities so as to be suitable for year round occupancy and is constructed to meet, as a minimum, the standards of the Ontario Building Code, the Electrical Code and the Plumbing Code as well as all relevant by-laws of the respective area municipality. " Site inspections and information provided through earlier submissions would indicate a number of units would not satisfy the above-noted definitions . This may be of assistance to the applicant when attempting to eliminate units to arrive at the eighteen ( 18) as proposed. 8 . 6 The subject lands are within the Newcastle Village Small Urban Area, and are bounded to the west by a 200 plus unit residential development proposal. It is believed that the appropriate buffering between the proposed residential development and the mobile home park would be difficult to achieve. The lots for the trailers have been established and units set up without consideration for such buffering. 9 . RECOMMENDATION 9 . 1 The purpose of this meeting is to satisfy the requirements of the Planning Act and to allow the public to state their opinion on the subject application before Committee. In addition, comments remain outstanding from three (3) of the circulated agencies . In consideration of the above, It is recommended the application be referred back to Staff for further processing and a subsequent report upon receipt of all outstanding comments . 50B REPORT NO. : PD- 49 -90 PAGE 9 Respectfully submitted, Recommended for presentation to the Committee F a klin Wu, M.C. I .P. renA: Kotseff DIrector of Planning Chief A inistrative and Development Office CP*FW*cc *Attach 26 January 1990 Interested parties to be notified of Council and Committee's decision: Guy Carriere P.O. Box 265 NEWCASTLE, Ont. LOA 1HO David McPhee P.O. Box 265 Unit 17, Newcastle Trailer Park NEWCASTLE, Ont. LOA 1HO Eugene VanDeWalker 623 King Street East P.O. Box 265 NEWCASTLE, Ont. LOA 1HO SUBJECT SITE LOT 27 LOT 26 LOT 25 " N Z GR R1 I I-I Q M2-3 Cl KING STREET E. EP HIGH -*11 2 000000 KING�,ST Cl cl R t cs- C4-2 (H)R1 1 EP A-1 t = 0 (H)R1 W Z I HIGHWAY No 401 0t , fMMOHIGHWAYMN Ne 4012 V Al EP 0 5o *0 wo s00v% KEYMAP M Dev. 89- 112 5 10