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HomeMy WebLinkAboutPD-80-90 TOWN OF NEWCASTLE f00, 4-6 . �,3 STHE-2 .GPA REPORT File # 1,;C) r . r � Res. # By Law # PUBLIC MEETING SING: General Purpose and Administration Committee DATE: March 5, 1990 18T-89019 REPORT #: PD-80-90 FILE #: OPA 89-19/D/N -DEv-89-3-4- SUBJECT: OFFICIAL PLAN AMENDMENT, ZONING BY-LAW AMENDMENT, PLAN OF SUBDIVISION - MASTHEAD INTERNATIONAL PROPERTIES LTD. (837842 ONTARIO LTD. ) PART LOTS 11 AND 12, CONCESSION 1, FORMER TOWN OF BOWMANVILLE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-80-90 be received; 2 . THAT the applications for Official Plan Amendment - File: OPA 89-19/D/N, Zoning By-law Amendment - File: DEV 89-34 and Plan of Subdivision - File: 18T-89019, submitted by Masthead International Properties Ltd. , to permit the development of 618 residential units and 2360 square metres of commercial/retail floor space be referred back to Staff for a subsequent report pending receipt of all outstanding comments; 3 . THAT those names on the list attached hereto be informed of Council's decision; 4 . THAT the Region of Durham be so advised. 1. APPLICATION DETAILS 1. 1 Applicant: Masthead International Properties Ltd. 1.2 Owner: 837842 Ontario Ltd. . .2 X01 REPORT NO. : PD-80 -90 PAGE 2 1.3 Official Plan Amendment to Durham Region Official Plan and Town of Newcastle Official Plan - From: "Industrial" , "Open Space" and "Hazard Lands" To: a Residential and Commercial designation. 1.4 Subdivision: Single family: 51 lots Semi-detached: 78 units Street Townhouse: 99 units Two mixed use blocks - a) 132 unit apartment, 1860 sq. m. commercial floorspace on 2 .02 hectares . b) 12 unit apartment, 500 sq.m. commercial floorspace on . 157 hectares c) 144 unit apartment on a 1. 804 hectares d) 102 unit apartment on a 1.280 hectares Open Space: 19 .227 hectares 1.5 Rezoning: From: "Industrial Exception (M2-1) 01 Environmental Protection (EP) , Holding- Urban Residential Type (H)R1) zone" to an appropriate zoning to implement the above noted proposal. 1. 6 Area: 33 .294 hectares 2. LOCATION 2 . 1 The subject property is located in Part of Lots 11 and 12, Concession 1, former Town of Bowmanville. This property is further defined as east of Spry Avenue, north of Baseline Road, west of Hunt Street in Bowmanville. 3. BACKGROUND 3. 1 On March 8, 1989, the Planning and Development Department received an application to amend the Town of Newcastle . . .3 REPORT NO. : PD-80-90 PAGE 3 Comprehensive Zoning By-law 84-63, as amended, from Masthead International Properties Ltd. Subsequently, on March 16, 1989, the Town was advised by the Region of Durham of an application submitted to amend the Durham Region Official Plan and Town of Newcastle Official Plan as well as a Plan of Subdivision. 3 .2 The applications were circulated concurrently to various technical agencies for comment and subsequently was before Committee at the General Purpose and Administration meeting June 19th, 1989 for a Public Meeting. As a result of agency comments and concerns voiced by area residents with respect to density, lot size, access and road width, the development of environmentally sensitive lands and the proximity to Goodyear Plant, the Plan of Subdivision was revised to the current configuration. Due to the changes made in this proposal staff have recirculated the application and scheduled a Public Meeting. 4. EXISTING AND SURROUNDING USES 4 . 1 Existing Uses: Two (2) single family dwellings Three (3) accessory buildings 4 .2 Surrounding Land Uses: To the North: lands owned by Goodyear Canada, Goodyear's Main Plan and the Reclaim Plant, presently vacant. To the East: C.N. Rail Spurline and existing residential homes To the South: vacant lands and Highway 401 To the West: single family dwellings on Spry Avenue and Townhouse development to the north-west. . . .4 5 tO 3 REPORT NO. : PD-80-90 PAGE 4 5. OFFICIAL PLAN POLICIES 5 . 1 The application to amend the Durham Region Official Plan would change the current "Industrial" and "Major Open Space/Environmentally Sensitive Areas" at the northeast quadrant of the site to "Residential" and at the southwest corner of the site from "Residential" to "Commercial" and "Residential" . 5 .2 The application to amend the Town of Newcastle Official Plan would change the current "Industrial" and "Major Open Space" to "Residential-High Density" and the northeast quadrant of the site. The amendment would also consider changing the "Major Open Space" designation at the southwast quadrant to "Commercial" and "Residential Medium Density" . The commercial component would consist of 1860 sq.metres of professional and retail floor space with 132 apartment units above. 5 . 3 At the present time the entire site is not located within any specific neighbourhood in the Town of Newcastle Official Plan. The amendment would therefore consider incorporating the northeast quadrant into the neighbourhood adjacent to the east Neighbourhood 1A. The southwest quadrant would be incorporated into the neighbhourhood to the west Neighbourhood 3A. The amendment would also consider changing the population figures in each of the neighbourhoods respectively. 5 .4 A 500 sq. metre convenience commercial block is proposed in the northeast quadrant of the site. Within the Town of Newcastle Official Plan convenience commercial facilities to service day-to-day needs of area residents may be permitted within the appropriate zoning category. . . .5 U ti REPORT NO. : PD-80-90 PAGE 5 6. ZONING BY-LAW PROVISIONS 6 . 1 The application to amend the Town of Newcastle Comprehensive Zoning By-law would rezone the current "General Industrial Exception (M2-1) " zoning and "Environmental Protection (EP) " zone to an appropriate zone categories to permit the proposed residential uses, at the north-east quadrant of the site. The application would also amend the (EP) zoning on the southwest corner to permit the proposed commercial and residential uses. The lands located directly to the north of the proposed commercial site abutting Spry Avenue are zoned "Holding-Urban Residential Type One ( (H)Rl) " . This zoning category would permit singles, semi-detached or duplex units on lots with 15 metres of frontage. The proposal however, indicates single family dwellings to be constructed on lots with 12 metre frontages, which would require a zoning change. 7. PUBLIC MEETING AND RESPONSE 7 . 1 Pursuant to the requirements of the Planning Act and Council policy, notice of the Public Meeting with respect to the subject Official Plan Amendment, Rezoning and Plan of Subdivision applications was mailed to all property owners within 120 metres (400 feet) of the subject property, as well as all residents who had made submissions on the previous applications . Public Notice signs were also posted on the Spry Avenue, Baseline Road and Hunt Street frontages of the subject property. 7 .2 There have been no submissions as a result of the second circulation of Public Meetings Notice to date, although a number of telephone calls and counter inquiries have been made. The questions are basically with respect to the changes made to the second revision. . . .6 ,r REPORT NO. : PD-80-90 PAGE 6 7 . 3 It is noted that Goodyear Canada has voiced conerns about the proposed development on several occasions. 8. AGENCY C014MNTS 8 . 1 The subject applications were circulated by the Town and Regional Planning Departments to various agencies for comment. The following agencies indicated no objection to the revised proposal: Region of Durham Health - Newcastle Hydro Electric Commission Peterborough, Victoria, Northumberland and Newcastle Roman Catholic Separate School Board 8 .2 The Town of Newcastle Fire Department noted some concern with the level of fire protection available within the Bowmanville area given the population this development would generate as well as other developments in the Bowmanville area. 8 . 3 The Town of Newcastle Community Services Department has offered no objection to the proposal provided the land dedication requirement being accepted as cash-in-lieu on the basis of 1 hectare per 300 dwelling units. In addition, the Open Space Block 197, must be dedicated to the Town and that a Masterplan be prepared for Block 197 to the satisfaction of the Community Services Department. 8.4 The Ministry of Natural Resources offered no objection to the Official Plan Amendment, however requested that those lands identified as "other lands owned by applicant" on the draft plan not be developed. These lands should remain designated "Open Space" and zoned "Environmental Protection" . Prior to any development proceeding, the owner will be required to obtain approvals from the Ministry of Natural Resources . . . .7 3 REPORT NO. : PD-80-90 PAGE 7 The Ministry also noted that they would not support any more revisions to plan that showed intrusions into the Environmental Protection area. 8 .5 C.N. Rail noted that Residential uses are incompatible with the adjacent operated right-of-way. The residential uses or any residential designation abutting the Bowmanville Town Spur would be expected to comply with standards for noise vibration and safety. C.N. Rail specifically requested that the rezoning incorporate a 15 metre setback in conjunction with a 2 . 0 metre high safety berm and a 1. 83 metre chainlink fence. In absence of a safety berm, dwellings must be setback 60 metres . Remaining conditions will be dealt with through the Subdivision Agreement. In addition, C.N. would expect that the developer would bear the cost for all construction or upgrading the necessary railway crossing. 8. 6 Comments are still outstanding from the following agencies: - Town of Newcastle Public Works Department - Central Lake Ontario Conservation Authority - Northumberland and Newcastle Board of Education - Ontario Hydro - Ministry of Environment - Regional Works 9. STAFF COMMENTS 9 . 1 The Plan of Subdivision has been altered significantly to accommodate some of the issues raised in the previous submissions, access road allowance, lot size were all noted as concerns in PD-139-89 . . . .8 5 / REPORT NO. : PD-80-90 PAGE 8 a) Access The previous plan had shown access to the development from Durham Street, Nelson Street and Ann Street. The applicant was required to obtain small portions of land from Goodyear and C.N. Rail. However, it appears that Goodyear was not prepared to sell any portion of its property. Therefore the access to the development has been confined to Park Street, Ann Street and Nelson Street, provided lands can be obtained from C.N. Rail for Nelson Street access . As noted in PD-139-89 there will be an increase in traffic on Hunt Street, Duke Street and Liberty Street. It is possible that Hunt and Duke Streets and any other street in the vicinity may be required to be widened and/or upgraded. b) Road Allowance The previous proposal had shown rear lot laneways as well as narrower road allowance width. The Public Works Department was concerned that there will be inadequate area for snow storage, on street parking and difficult with the flow of traffic . These right-of-ways have been eliminated and the road allowances have been increased to 20 metres . c) Lot Sizes In the previous proposal the lot sizes were extremely small. For example, the proposed lot size for a single family dwelling was 8 .2 metres by 28 .0 metres = 229 . 6 metres square which was two thirds the size of the smallest lot recognized in By-law 84-63. These lot types have been eliminated and the lots proposed in the revision, are now somewhat comparable to zoning provisions, although several lots require increase in . . .9 G-� REPORT NO. PD-80-90 PAGE 9 size to meet the by-law requirements 9 .2 Despite revisions, Staff have concerns with the overall density of this project. The initial subdivision had density of 58 . 1 units per net residential hectare which would include the development of the northeast quadrant and southwest quadrant. This revision yields a density of 56 .7 units per net residential hectare. Staff are of the opinion that the development is far too dense for this particular area, based on submissions of subdivisions for various areas in the Town of Newcastle. On this basis, Staff have requested the applicant to calculate the overall density of the neighbourhood bounded by Queen Street to the north, Liberty to the east, Baseline Road to the south, Bowmanville Creek to the west and is to include the north-east quadrant of the site. This will enable staff to evaluate the overall density of the neighbourhood and examine the potential impacts of the development. We understand the applicant is working on this matter and will provide the Town Staff with the information. 9 . 3 Staff would also note for the Committee's information in the previous circulation of the application that the Ministry of Environment had commented their concerns with the proximity of the residential units to Goodyear Canada's Reclaim Plant. Although the plant is currently vacant, Ministry of Environment has taken the position that the plant can be put to use at any given time by Goodyear or for any industrial use. The Ministry of Environment, therefore, requires a 150 metre setback from the plant plus added screening. The proposed subdivision . . . 10 t REPORT NO. : PD-80-90 PAGE 10 requires revision to alleviate the concern of the Ministry. 9 .4 On February 5, 1990, Staff received a letter from the applicant's solicitor, indicating that the applicant has referred the various applications to the Ontario Municipal Board. 10. CONCLUSION Staff have not received comments from the circulated agencies and several issues remain outstanding. Staff will not be prepared to forward a recommendation to Committee at this time. This Staff Report was prepared to facilitate a Public Meeting pursuant to the requirements of the Planning Act as well as to provide a current status of the application. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C.I .P. Lawrence E. Kotseff Director of Planning Chief Administrative and Development Officer CV*FW*df *Attach 27 February 1990 510 Interested parties to be notified of Council and Committee's decision: Masthead International Properties Inc . 145 Front Street East, Toronto, Ontario. M5A 1E3 Ms . Cynthia MacDougall McCarthy Tetrault, Suite 4700, Toronto Dominion Bank Tower, T.D. 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