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HomeMy WebLinkAboutPD-117-90 TOWN OF NEWCASTLE J _ 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 R • : t v:: v i �� '1• J •yam, Il v. ti N • WAX"?" 4 <: •:.v.ni T N :.� X. 4 y r• •t. .[ i l J.f.Y.•`••I. t J J. t NI. 7{•: r J .,r i f. 1•. s J •t I. :J <. population .4.�. .JN•A .4 t\t•, 33 N 2 C I V t: n O 0 • H• P P C � L '5 0 M� �N C: r i N I 2A : PoP uta t ion 1 D population M� N 0 0 0. ADD MEDIUM DENSITY SYMBOL I T L ;: B ' : ...............: C C_. r_ ?Yf h Nf U1' M1 M IH Mt •• , 00 C) O, O ....}. �� f f�f�• f ��� � bpi I•j �UN�� �l b ar�Anarton"cRS 1 j As MT dpi[ •• �1 h f i ' @ o j I �A ` M •0 0•w ..� � m AlMAO ROAD Ar • , f 'N, SMS67- 14• C `` f 1 wy ........... :....... i r 7 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 C. IC , r, i6t/1 rLv,ij,7l fez-R t �i F i6f � ` C, C". /7 0-1 Lf t L ` 1 f L'9 GiP4/ ? zr' fP � r d �!� d Ci t.✓ f,� 4�. � � r lmrJ`` � �t NAME ADDRESS DATE SIGNATURE 5A AQ - (,-ml-v r ',41