HomeMy WebLinkAboutPD-117-90 TOWN OF NEWCASTLE
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DN: ANDEL.GPA REPORT File # c
Res. #
By-Law #
MEETING: General Purpose and Administration Committee
DATE, Monday, April 2, 1990
POORT #: PD- 117-90 FILE #: DEV 88-6 (X-REF 88-6/N)
SLJ&JECT: REZONING APPLICATION AND OFFICIAL PLAN AMENDMENT APPLICATION
PART LOT 11, CONCESSION 2, FORMER TOWN OF BOWMANVILLE
BOS VAN ANDEL
FILE: DEV 88-6 (X-REF 88-6/N)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD- 117-90 be received;
2 . THAT the Region of Durham be advised that the Town of Newcastle
recommends APPROVAL of the Official Plan Amendment application, as
amended to permit the introduction of a Medium Density (M) symbol
in Neighbourhood 2A in accordance with Attachment # 1;
3 . THAT the property be rezoned for a maximum of 31 units;
4 . THAT the amending by-law be passed at such time as the related
Official Plan Amendment has been adopted by Regional Council and
a Site Plan Agreement has been executed;
5 . THAT the Region of Durham and those parties listed in this report
be advised of Council 's decision;
6 . THAT the Region of Durham Planning Department be forwarded a copy
of Report PD-117-90 •
1. APPLICATION DETAILS
1. 1 Applicant: Bos Van Andel
1.2 Official Plan Amendment: From "Low Density Residential" to "High
Density Residential"
. . . .2
a,4
REPORT NO. : PQ- 13_7-90 PAGE 2
1. 3 Rezoning: From "Urban Residential Type One (R1) " to an appropriate
zone to implement the Official Plan Amendment and permit
the development of three separate apartment buildings
with a total of 41 units .
1.4 Area: .56 hectares ( 1.38 acres)
2 . BACKGROUND
2 . 1 On January 18, 1988, the Town of Newcastle Planning and Development
Department received an application, submitted by Bos Van Andel, to
amend Zoning By-law 84-63 to permit the expansion of a six (6) unit
apartment building and an adjacent four (4) unit apartment building
into a forty-six (46) unit apartment building.
2 .2 On January 21, 1988, the Town of Newcastle Planning and Development
Department was advised by the Region of Durham of an application,
submitted by Bos Van Andel, to amend the Town of Newcastle Official
Plan in order to implement the above noted development.
2 . 3 The application has been subsequently revised and now proposes the
expansion of the six (6) unit apartment building and the adjacent
four (4) unit apartment building into forty one (41) rental units
consisting of three separate apartment buildings .
2 .4 The subject site is a .56 hectare ( 1. 38 acre) parcel of land
located on the west side of Bernard Street, south of Third Street,
but is more formally described as Part Lot 11, Concession 2 , in the
former Town of Bowmanville.
2 .5 The subject site presently contains an existing six (6) unit
apartment building and an adjacent four (4) unit apartment
building. The surrounding land uses include:
East: single family dwellings and four-unit apartment building
West: single family dwelling and semi-detached/link dwellings
North: single family dwellings
South: C.P. Railway and single family dwellings . . . . 3
J T l('
REPORT NO. : PD- 1 1 x 9 0 PAGE 3
3 . PUBLIC NOTICE AND SUBMISSIONS
3 . 1 Pursuant to Council's policy and the requirements of the Planning
Act, the appropriate signage was installed on the subject lands and
the appropriate notice was mailed to each landowner within the
prescribed distance.
3 .2 As a result of the public notification process the Planning and
Development Department has received three letters from area
residents expressing concern over the size and magnitude of the
proposal. In addition, the Planning and Development Department
have received a petition in opposition to the proposed development
signed by 136 area residents.
4 . OFFICIAL PLAN CONFORMITY
4 . 1 Within the Durham Regional Official Plan, the subject property is
designated as a Residential Area. As a residential use, the
proposal conforms with the intent of the Durham Regional Official
Plan.
4.2 Within the Town of Newcastle Official Plan (Bowmanville Major Urban
Area) the subject property is designated "Low Density Residential" .
Residential dwellings are to be the predominant use of lands so
designated.
4 . 3 The Town of Newcastle Official Plan establishes within the
Bowmanville Major Urban Area a maximum of 30 units per net
residential hectare for Low Density Residential development, 30 -
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 subject property is
designated in the Official Plan to develop at a maximum of 30 units
per net residential hectare. The applicant, however, is proposing
to develop the subject property at 73 .21 units per net residential
. . .4
t _I
REPORT NO. : PD-117 -90 PAGE 4
hectare, which would require the introduction of a High Density (H)
symbol on the subject property within the Town of Newcastle
Official Plan. The applicant, therefore, has applied to
appropriately amend the Town of Newcastle Official Plan in order
to implement the proposed development.
5 . ZONING BY-LAW CONFORMITY
5 . 1 Within the Town of Newcastle Comprehensive Zoning By-law 84-63,
the subject property is zoned "Urban Residential Type One (Rl) " .
As residential uses of the size and magnitude proposed in current
application are not permitted within the current zone category, the
applicant has applied to appropriately amend the zoning by-law.
5.2 The existing six (6) unit apartment and the existing four (4) unit
apartment on the subject property currently have legal non-
conforming status .
6 . AGENCY COMMENTS
6 . 1 The Town of Newcastle undertook a joint circulation of the Official
Plan Amendment application and the Zoning By-law Amendment
application. The following provides a summary of the comments
received relating to the proposal.
6 .2 The Canadian Pacific Railway has reviewed the proposed development
and has objected to the proposal on the basis that residential land
uses are not compatible with railway operations . The Canadian
Pacific Railway has responded that the health, safety and welfare
of future residents could be adversely affected by activities of
the railway. However the Canadian Pacific Railway has provided
several regulatory conditions should the application be approved.
6 . 3 The Ministry of the Environment has reviewed the application and
a Noise and Vibration Impact Report submitted in support of the
. . . .5
54
REPORT NO. : PD-117-90 PAGE 5
application. The Ministry of the Environment has no objection to
the proposal and concurred with the results of the Noise and
Vibration Impact Report.
6 .4 The Central Lake Ontario Conservation Authority has reviewed the
application and note a concern regarding the routing of major storm
flood water. However, subject to the provision of certain
regulatory conditions, the Central Lake Ontario Conservation
Authority offers no objection to the proposal.
6 .5 The Community Services Department has reviewed the subject
application and offers no objection to the proposal subject to the
parkland dedication requirement being accepted as cash-in-lieu with
the funds realized being credited to the Parks Reserve Account.
6 . 6 The Town of Newcastle Public Works Department has reviewed the
proposal and offers no objection to the application subject to
several regulatory conditions .
6 . 7 The balance of the circulated agencies which provided comments
regarding the subject application were the Town of Newcastle Fire
Department, the Regional Works Department, The Regional Health
Department, the Newcastle Hydro Electric Commission, the Public
School Board and the Separate School Board. None of the
aforementioned agencies provided objectionable comments regarding
the subject application.
7 STAFF COMMENTS
7 . 1 The Planning and Development Department has reviewed the proposal
in relation to the Town of Newcastle Official Plan and the Town of
Newcastle Comprehensive Zoning By-law 84-63. The current Official
Plan designation and the current zone category on the subject
property would permit the development of only single and two-family
dwellings .
. . . .6
REPORT NO. : PD- 1 1 x-90 PAGE 6
7 .2 The subject property has unique characteristics and as a result the
development of the subject property with single and two family
dwellings may not be possible. Firstly, the subject property has
an irregular configuration. The placement of a municipal road
allowance along with suitable building lots on the subject property
would be difficult. Secondly, the subject property directly abuts
a Canadian Pacific Railway line. The Railway has a minimum setback
of 30 metres (98 .4 feet) for habitable buildings from railway
property and as a result, the development of the site with single
or two family dwellings would again be difficult without
compromising the railway's standards or the standards of the
municipality's zoning by-law.
7 . 3 The applicant proposes the introduction of a High Density (H)
symbol on the subject property which would allow for the
development of three apartment buildings with a total of 41 units.
This equates to a density of 73 .21 units per net residential
hectare.
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 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.
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 . "
. . .7
4
REPORT NO. : PD-117-90 PAGE 7
7 .4 The application, as proposed, is in conflict with Section 7 .2 . 1.2
(iv) (c) of the Official Plan in that the area surrounding the
subject property is predominantly low density in nature consisting
primarily of single and two-family dwellings .
It would appear that the application, as proposed, would be in
conflict with criteria (a) and (c) as stated in Section 7 .2. 1.2
(iv) (d) since the subject site is somewhat removed from public
services/facilities and is located on a local road. Staff is of
the opinion that High Density development should generally be
limited to areas which have direct access onto arterial or
collector roads . In addition, since the proposed high density uses
directly abuts uses of a lower density, the proposal may have an
adverse impact upon the surrounding area. Therefore, Staff is of
the opinion that the introduction of a High Density (H) symbol on
the subject property is inappropriate.
7 .5 As an alternative, Staff have examined the merits of medium density
development for this site and are of the opinion that it would be
appropriate. The development of the parcel in this manner would
satisfy the applicable Official Plan policies since the medium
density use would abut existing low density uses, thus providing
an appropriate transition. Furthermore, the reduction in density
would permit the establishment of on-site amenity facilities to be
used by the residents of the medium density development. Staff is
of the opinion that the establishment of a medium density use on
a local road is within the intent of the Official Plan and this is
evidenced by such uses in other neighbourhoods . . In addition,
Staff is of the opinion that a medium density use would be
compatible with the existing four unit apartment and the
surrounding area.
7 . 8 The Town of Newcastle Planning and Development Department has
reviewed the Noise and Vibration Impact Report submitted in support
of the application. The report recommends noise attenuation
. . . . 8
X49
REPORT NO. : PD117 -90 PAGE 8
measures such as central air conditioning, warning clauses and
accoustic insulation be implemented. As the report has been
approved by the Ministry of the Environment, the Planning
Department has no concerns regarding the Noise and Vibration Impact
Report.
8 . CONCLUSION
8 . 1 As the subject site is bounded by a railway to the south and an
existing four unit apartment building to the east, staff are of the
opinion that a medium density use would be compatible with the
surrounding area. Staff are of the opinion that the premise of
a medium density use for the subject lands is based upon solid
planning principles and rationale after reviewing the alternative
types of residential use for this site.
8 .2 In view of the foregoing, the Town of Newcastle Planning and
Development Department respectfully recommends that the Official
Plan Amendment submitted by Bos Van Andel not be approved for High
Density Residential uses. However, staff recommends that the
application be approved to permit the introduction of a Medium
Density (M) symbol on the subject lands .
8 . 3 Furthermore, the Planning and Development Department recommends
that the zoning amendment application be approved to permit the
development of a maximum of 31 apartment units and that the
necessary by-law be forwarded to Council at such time as the
related Official Plan Amendment has been adopted by Regional
Council and a Site Plan Agreement has been executed.
. . . . 9
REPORT NO. : PD- 117-90 PAGE 9
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C. I .P. Lawrence/'E Kotseff
DIrector of Planning Chief A51m istrative
and Development Officer
WM*FW*cc
*Attach
26 March 1990
Interested parties to be notified of Council and Committee's decision:
Kathryn Harrison Mr. B. Van Andel
58 Rossland Road West Box 1643
2nd. Floor PORT PERRY, Ontario
OSHAWA, Ontario L1G 2V5 LOB 1NO
PROPOSED AMENDMENT TO THE TOWN OF NEWCASTLE OFFICIAL PLAN
BOWMANVILLE MAJOR URBAN AREA
PURPOSE: The purpose of the amendment is to introduce a
Medium Density (M) symbol within Neighbourhood 2A.
BASIS: The basis of this Amendment is an application to
permit increased densities on a property located in
Part Lot 11, Concession 2 in the former Town of
Bowmanville.
ACTUAL AMENDMENT: The Town of Newcastle Official Plan is hereby
amended as follows:
i) introduce a Medium Density (M) symbol in
Neighbourhood 2A of Schedule 7-1 as shown on
Schedule "A" to this Amendment.
IMPLEMENTATION: The provisions set forth in the Town of Newcastle
Official Plan (Bowmanville Major Urban Area) with
respect to implementations, shall apply to this
Amendment.
INTERPRETATION: The provisions set forth in the Town of Newcastle
Official Plan (Bowmanville Major Urban Area) , as
amended, regarding the interpretation of the Plan
shall apply with regard to this amendment.
SCHEDULE "A"
AMENDMENT. TO
BOWMANVILLE LAND USE STRUCTURE PLAN , SCHEDULE 7-1 XXX
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TO: Town of Newcastle
General Purpose and Administration ommittee
RE: File #DEV 88-6
Rezoning Application and Official Plan Amendment Application
Part Lot 11, Concession 2, Former Town of Bowmanville
Box Van Andel
Further to petition signed in March 1988 in objection to the above rezoning
application we, the undersigned residents of the surrounding neighbourhood
wish to advise that we are still strongly opposed to the construction of
any type of multi-unit dwelling on the subject property and we wish our
concerns to be represented by Mr. Ron Strike.
NAME ADDRESS DATE SIGNATURE
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