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HomeMy WebLinkAboutPD-136-90 TOWN OF NEWCASTLE t�-! ilk.•) REPORT File # D <. lc DN. 18T-84035.GPA :r Res. # _ �+� � By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, April 23, 1990 REPORT #: PD-136 -90 FILE #: 18T-84035 (X-REF DEV 89-31) �: PROPOSED PLAN OF. SUBDIVISION AND REZONING APPLICATION PART LOT 12, CONCESSION 2, FORMER TOWN OF BOWMANVILLE FILE: 18T 84035 AND DEV 89-31 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-136 -90 be received; 2. THAT the proposed Plan of Subdivision 18T-84035 revised and dated August 1989, as per Attachment No. 11 be APPROVED subject to the conditions contained in this Report; 3. THAT the Mayor and Clerk be authorized, by by-law, to execute a Subdivision Agreement between the Owner and the Town of Newcastle at such time as the agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning; 4. THAT the attached amendment to By-law 84-63 be APPROVED and that the "Holding (H) " symbol be removed by By-law upon execution of a Subdivision Agreement; 5. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department; and 6 . THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Applicant: Veltri and Son Limited . . . .2 REPORT NO. : PD- 136-90 PAGE 2 1.2 Subdivision: 38 semi-detached/link units proposed 1. 3 Rezoning: From "Agricultural (A) " , "Urban Residential Type One (R1) " and "Urban Residential Type Two - Holding ( (H)R2) " to an appropriate zone category to implement the proposed Plan of Subdivision. 1.4 Area: 2 . 19 Ha (5.4 acres) 2 . BACKGROUND: 2 . 1 In November of 1989, Staff prepared report PD-297-89 for Committee and Council's consideration. Said report made a positive recommendation on the subject Subdivision and rezoning applications . A number of residents appeared at the Committee meeting advising of concerns with regards to the proposal, as well as discrepancies between the report and public notice on site. 2 .2 In consideration of the issues presented at the meeting, the report was referred back to Staff, and Staff was directed to correct any errors perceived or otherwise within the report; to conduct a meeting between the applicant and the residents in an attempt to address the issues presented; and to have the Public Notice sign on site adjusted to reflect the current application. 2 . 3 Subdivision application for the subject site was originally submitted in October of 1984 . The proposal was for twenty-two (22) single family dwelling units. The application has been revised a number of times, allowing for various road configurations and lot yields . 2 .4 The development application has been held in abeyance since 1985 due to servicing constraints . Development proposals for adjacent lands which have received approval in recent years now provide the subject property a feasible solution to its servicing constraints. . . . 3 REPORT NO. : PD- 136-90 PAGE 3 3. LOCATION 3. 1 The subject lands are located in Part Lot 12, Concession 2, former Town of Bowmanville. The site is located north west of the High Street and Meadowview Blvd. intersection. Should the proposal be approved the application would provide for High Street to extend to the north and connect with Longworth Avenue (18T 88037 ) , as well the east - west streets would connect with Town approved Plan of Subdivision 18T-86069 . 4 . EXISTING AND SURROUNDING USES 4 . 1 The subject property is currently vacant and has been used for cash crops in the recent past. The surrounding land uses include: East: existing low density residential dwellings along Meadowview Blvd. , directly across High Street is property owned by the Town; West: Town Approved proposed plan of subdivision ( 18T-86069) for low density residential; South: Lord Elgin Public School and Park as well as existing residential fronting on High Street; North: Draft Approved of Subdivision ( 18T-87087 and 18T-82037) . 5 . PUBLIC NOTICE 5 . 1 Pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act the appropriate signage acknowledging the application as submitted was installed on the subject lands . In addition, Public Notice was mailed to surrounding landowners within the prescribed distance. 5 .2 In December 1989, the Public Notice on site was revised to reflect the proposal as updated. An information meeting was held on January 31, 1990, in accordance with Council resolution from the previous meeting. All property owners were within 120 metres (400 ft. ) were mailed notices . . . .4 7 ', REPORT NO. : PD-136 -90 PAGE 4 5 .3 Letters of concern and opposition have been received with regards to the application and its ability to blend in with existing single family dwellings . The main issue is the lack of a "buffer" between the existing homes and the proposed linked units, and the fact that Mr. Veltri had originally proposed and promised all 50 foot singles. 6 . OFFICIAL PLAN 6 . 1 Within the Durham Regional Official Plan the subject property is designated as residential within the Bowmanville Major Urban Area boundaries. The predominant use of lands so designated shall be for housing purposes . The application would appear to comply. 6 .2 Within the Town of Newcastle Official Plan (Bowmanville Major Urban Area) the subject lands are located within neighbourhood 12A' and are designated 'Low Density Residential' . Said neighbourhood has a population target of 3900 and has designations for both a park and junior public school within proximity of the site. 6 . 3 The proposal satisfies the Town's Official Plan "Low Density Policy" , which states that development shall not exceed 30 units per net residential hectare and shall generally locate at the interior of the residential neighbourhood on local or collector roads . The application has a density of 25 .4 units per net ha, which would appear to comply. 7 . AGENCY COMMENTS 7 . 1 The original subdivision application was circulated by Regional Planning Staff to various agencies and departments for comment. The Town of Newcastle Planning Staff, in turn, undertook an internal circulation to departments within the Town. Upon receipt of the rezoning application, Town Staff undertook a circulation of said application. The various revisions to the plan were given limited circulations by both Regional and Town Staff. . . . .5 REPORT NO. : PD- 136-90 PAGE 5 7 .2 The following agencies noted no objection or concern to the proposal as submitted: - Town of Newcastle Fire Department - Newcastle Hydro Electric Commission - Peterborough-Victoria-Northumberland-Newcastle Separate School Board. - Central Lake Ontario Conservation Authority - Ministry of Transportation Ontario 7 . 3 In commenting on the above-noted applications, the Town Public Works Department noted no objection in principle subject to a number of conditions. The applicant is required to provide a storm water management report to the satisfaction of the Director of Public Works; the applicant will be required to acquire sufficient lands to provide a 20.0 m right-of-way as the extension of High Street, prior to the development of these lands; the applicant will be responsible for the reconstruction of High Street from Meadowview Blvd. to the north limit of the developing lands; the applicant will bear the costs ( 100%) of any works on High Street and Meadowview Blvd. necessitated as a result of this development; and the owner shall be responsible for all the Town standard criteria and requirements . 7 .4 The Community Services Department in reviewing the application noted the proposed thirty eight (38) families could be serviced by the neighbourhood parks to the north and south of the subject lands . However, as a condition of approval the applicant will be required to provide five percent (5%) cash-in-lieu of parkland dedication. 7 .5 The Northumberland Newcastle Public School Board noted that a sidewalk will be required on the High Street extension as well as on the interior streets; the Board has further required fencing be constructed dividing the school from the proposed subdivision; and final grading plans be forwarded to the Board prior to final approval . , �; . . . . 6 � I �J REPORT NO. : PD- 136-90 PAGE 6 7 . 6 The Regional Public Works Staff noted that there is sanitary sewer available from High Street and a watermain abuts the High Street frontage of the site. However, development of this site is contingent upon the establishment of zone II watermains . In consideration of the above, the Regional Works Department noted no objection subject to the construction of the facilities and the applicant entering into an agreement with the Region for the same. S. STAFF COMMENTS 8 . 1 The information meeting was held on January 31, 1990 and was attended by Staff, the applicant, his agent and approximately eight (8) area residents . (i) The residents main concern as noted previously was the lack of "buffer " between their existing single family dwellings and the proposed link units. They advised that a transition area of single family dwellings should be established fronting on the High Street extension and on the proposed east-west street immediately west of the two (2) residences north of the school. Without the buffer the residents fear that their property values would be negatively affected by the smaller link units. Mr. Veltri responded that large singles are no longer feasible in todays housing market. In addition, he suggested that the requested buffer could be located on the east side of High Street, where the Town currently owns four (4) building lots. Staff do not share the resident's conviction with regards to the need for a "buffer" . Singles and semi-detached or link units are all considered low density residential and are compatible with each other. In addition, the lands fronting on High Street are currently zoned 'R1' which permits semi- detached/link units . j REPORT NO. : PD-136 -90 PAGE 7 (ii) The residents also referred to existing traffic congestion on High Street and the impact the development would have on the situation. It was noted that High Street is used by residents as an easy access to the downtown, as well there is constant on street parking resulting from ball tournament being played at the Lord Elgin Public School and Park facilities. The residents fear the additional units created by permitting links as opposed to singles will add to on street parking and traffic problems. Mr Veltri commented that all the proposed lots fronting on High Street will be especially deep (41. 0 m ( 134 ft) ) , and the dwellings can easily be constructed with a greater front yard setback allowing vehicles to park two (2) deep in front of the house in addition to the garage. He argued that this would reduce on street parking from future occupants of said dwellings. (iii) Other issues presented include poor water pressure; lack of school space; and inadequate sized park. In response to these comments the Regional Public Works have advised that they are aware of the existing water pressure situation. New services presently being constructed for the north Bowmanville development (Zone II) is expected to improve the situation for those within Zone I . Both School Board's acknowledge that some schools are currently constrained in terms of space, however, there are two (2) school sites Draft Approved immediately north of the subject lands . One site being reserved for the Public School Board, while the other is earmarked for the Separate School Board. Similarly a neighbourhood park will develop adjacent to each proposed school and a third park has received Town Approval in the area west of Middle Road, south of Concession Road 3 and north of Scugog Street. C, . . . .8 REPORT NO. : PD-136 -90 PAGE 8 8.2 The proponent has not initiated any revisions to the proposed Plan of subdivision as a result of the information meeting on January 31, 1990 . Therefore, the comments contained in report PD-297-89 remain applicable. The Plan as submitted facilitates a continuous street pattern between the existing development and Draft Approved Plans . The subject application is an infilling situation in consideration of the existing situation and Draft Approved proposals and provides low density housing consistent with adjacent lands. 9 . CONCLUSION 9 . 1 In consideration of the comments contained within said report, Staff would have no objection to the approval of the proposed Plan of Subdivision, subject to the conditions of draft approval, as contained in Attachment No. 1, annexed hereto. 9 .2 Furthermore, Staff would have no objection to the approval of the proposed zoning by-law amendment, as applied for. The amending zoning by-law would provide for the appropriate zone categories to implement the above-noted Plan of Subdivision ( 18T-84035) . Staff would note that the removal of the ' (H) Holding' symbol will require Council approval, at such time as the subdivision agreement is registered. The rezoning to remove the ' (H) Holding' prefix will not require a new zoning by-law amendment application. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. Ldwrence Kotseff DIrector of Planning Chief Ad#ii•istrative and Development Officer CP*FW*cc *Attach 10 April 1990 . . . .9 REPORT NO. : PD- 136-90 PAGE 9 Interested parties to be notified of Council and Committee's decision: Veltri and Son Limited 68 King Street East BOWMANVILLE, Ontario L1C 3X2 G. M. Sernas and Associates Ltd. 110 Scotia Court Unit 41 WHITBY, Ontario L1N 8Y7 DN: VELTRi.DRA CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION PLAN IDENTIFICATION 1. That this approval applies to draft Plan of Subdivision 18T-84035 prepared by G. M. Sernas & Associates, dated (revised) August, 1989 showing Lots 1 to 19 for semi-detached or linked dwellings, and various blocks for reserve, road widening, site triangle etc. FINAL PLAN REQUIREMENTS 2. That all streets within the Plan of Subdivision shall be dedicated as public highway and shown as such on the final plan. 3. That all streets shall be named to the satisfaction of the Town of Newcastle and shown on the final plan. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 4. That the Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Public Works and the Director of Planning and Development for review and approval. The Landscaping Plan shall reflect the design criteria of the Town as amended from time to time. 5. That the Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Public Works for review and approval. All plans and drawings must conform to the Town's Design Criteria as amended from time to time. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 6. That the Owner shall enter into a Subdivision Agreement with the Town and agree to abide by all terms and conditions of the Town's standard subdivision agreement, including, but not limited to, the requirements that follow. 7. That all easements, road widening, and reserves as required by the Town shall be granted to the Town free and clear of all encumbrances. B. That the Owner shall pay to the Town at the time of execution of the subdivision agreement, five percent (5%) cash-in-lieu of parkland dedication 9. That the Owner shall pay to the Town, at the time of execution of the Subdivision Agreement, development charge levy and any other charges in effect at the time of execution and further agrees to abide by the Town's payment schedule as amended from time to time. 2 -2- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) 10. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Town's standards and criteria. 11. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. 12. That the Owner shall provide the Town, at the time of execution of the subdivision agreement, Letters of Credit acceptable to the Town's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Town. 13. That prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 14. That a 1.8 M high wood privacy fence be constructed on the boundary of the proposed development and the school site. 15. That all the requirements of the Northumberland Newcastle Public School Board be satisfied financially or otherwise. 16. That the applicant provide a storm water management report to the satisfaction of the Director of Public Works, the scope of which shall include a site servicing scheme. 17. That temporary turning circles be provided at the westerly limits of both east- west streets, to the satisfaction of the Director of Public Works and that adjacent lots will be deemed undevelopable until such time as lands to the west develop. 18. That the applicant/owner acquire sufficient lands to provide for a 20.0 m right- of-way as the extension of High Street, prior to the development of these lands (ie: Block B) . 19. That the applicant/owner construct High Street from Meadowview Boulevard to the north limit of the developing lands in accordance with Town Standards. 1 0 . . .3 -3- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT-D) 20. That the applicant will bear the costs (100%) of any works on High Street and Meadowview Boulevard which are necessitated as a result of this development. (ie: intersection improvements, utility relocation, ditch grading, sodding, entrance construction, etc. ) . C- C,}} -:. LOT 14 LOT 13 I LOT 12 LOT 11 l CONCESSION ROAD 3 18T- 89044 18T-87089 18T--87021 OD 87085 89070 . OD ; . 18T-87087 � N a Z 18T--82037 0 0 .z 1s- s W o Z �yMEADO"EW 8L t� O Q 18T-86069 18{{ J 0 18T-88051 84035 c' NICREST BLVD URTH ST. VANSTONE CT. w kOgO SIAWERF1£lD SUNSET y Cl THIRD ST. �� y SURROUNDING SUBDIVISION APPLICATIONS ® SUBJECT SITE Attachment No. 1 1 I' � I 'I' r... •r.......rn t. .fy..ct.}-i: \~ -S t: a I. •( _ .COAtMfRClAL• - f u,T R�' r P LAIN LO.E..--p `iir\'S:.•e� 1 `. \ + `' I .. MEOW" ENtlrr_ ~._.� ��.r�`A•1 0 7 £ v P , 1 ':�•_ .G.-.:. •�; \ i Y NNI �._• ISO- —.� // �• 11 .7.- �' �� •� ,} ,�• .,.� 'I •—' :�• •___.t}S ff_ll/�-- .� 1 1 _ �:/_J 1 _ PROPOSED 't-i DRAFT PLAN OF SMIMSION PMd OF LOT 12. cwC£590N x v L o P £ r -.•� ( _ �i I - TOWN OF NEWCASTLE �I ' I I -"` a i 2� aoauL Ka«rxm's DAMWA FuruRf �, - --i I 1 ` - . 1f• 1 ' �(VANt KpR11AT1b1 Mill D .vri i• - -0--•r- N r • " �^f. L .• —•-1 I(5£Q ,4ZPNA$ PRO-821,12) I( � 1 Y1�•_ _ ' a R I w f/tea MI f`r-i.�i �) c I __L..L. t-.•-1"'• I MEADOWVIEW BLVD. A F e o r v r s 1 .-�"-r p;. /1� �� �I _� r rr-ado a,4..�.--•) n 1 C"; �' '% �X\ �j �' j_J� i• _y_ - ._.r•� ; � i I { s S IsECT .�'f r_ V. I •'•I LORD fCLIN PAI)WIV bOL ..•.. I I I ( I. 0 f—""� L—L-J- S T R E E T -------- y.__•o. _ _ ---- -------- ---- HIGH STREET *;;HAS A ASSOC-LTO. r�- Iw ( 111 L 1/4 CkM,q^,1 DP-1 CL /7 /6 6 / 174 to w - /5 7 2 ..d 14 8 .... 3 /O a.9 room i C= - 5 abbott SITE FLAA1 :"�. &- .." M-M, HOMES ' DN: 84035.BL THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 90- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend By- law 84-63, as amended, of the Corporation of the Town of Newcastle; AND WHEREAS the Council of the Corporation of the Town of Newcastle recommends to the Region of Durham for approval of draft Plan of Subdivision 18T 84035, NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Schedule "3" to By-law 84.63 as amended, is hereby further amended by changing the zone designation from: "Agricultural (A)" to"Holding -Urban Residential Type One ((H) Rl)" "Urban Residential Type One (Rl)" to"Holding -Urban Residential Type One ((H)R1)" "Holding - Urban Residential Type Two ((H)R2)" to "Holding Urban Residential Type One ((I)Rl)" as shown on the attached Schedule "A" hereto. 2. Schedule"A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 35 of the Planning Act. BY-LAW read a first time this day of 1990. BY-LAW read a second time this day of , 1990. BY-LAW read a third time and finally passed this day of , 1990. MAYOR CLERK Sl 9 This is Schedule "A" to By-law 90- , passed this day of , 1990 A.D. 0 - r i J- - ............... co 0. _Bp - I I �a 0 I I z I WI o � MEADDWVIEW BLVD L{—� I aM1 cxn=Darox) i I _ ZONING CHANGE—FROM'RI ' TO ' H R1' ZONING CHANGE FROWN R2'TO'(H)RI' ® ZONING CHANGEFROM ' A' TO '(H)R1 ' 0 25 50m Mayor 40m30 20 10 0 Clark LOT 13 LOT 12 LOT II RI Q (H)R4 ° 1(H)R 1 1RI '� (Hkl W \ RI °0 4 1 � Rill (H)R2 R1 a H)R1 Z R FO a 0 C3 N R1 VU T x .1 W H)R1 W V RI C2 � BOWMANVILLE 100_?� 300m /® 60m 0 J / U HE TOWN OF iXe FILE COPY ONTARIO May 4, 1990 Mr. John Ralfe 156 High Street Bowmanville, Ontario L1C 3C1 Dear Mr. Ralfe: RE: Subdivision and Rezoning Applications Submitted by Veltri and Son Ltd. - Our File: 60.35.519 and 60 .46 . 192 I write further to your presentation to the Council of the Town of Newcastle on April 30, 1990 and advise that Council adopted the following recommendations of the General Purpose and Administration Committee: "THAT Report PD-136-90 be received; THAT the proposed Plan of Subdivision 18T-84035 revised and dated August 1989, as per Attachment No. 1, be approved subject to the conditions contained in Report PD-136-90; THAT the Mayor and Clerk be authorized, by by-law, to execute a Subdivision Agreement between the Owner and the Town of Newcastle at such time as the agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning; THAT the amendment to By-law 84-63 attached to Report PD-136-90 be approved and that the "Holding (H) " symbol be removed by By-law upon execution of a Subdivision Agreement; THAT a copy of Report PD-136-90 and Council 's decision be forwarded to the Region of Durham Planning Department; and THAT the interested parties listed in Report PD-136-90 and any delegation be advised of Council's decision. " . . .2 CORPORATION OF THE TOWN OF NEWCASTLE 40 TEMPERANCE STREET • BOWMrANVILLE • ONTARIO • LAC 3A6 a (416) 623-3379 - FAX 623-4169 - 2 - At that same meeting, By-law 90-72, being a by-law to amend the Comprehensive Zoning By-law of the Corporation of the Town of Newcastle, was also passed. Yours truly, //23 Patti L. Barrie, A.M.C.T. Town Clerk PLB*lp cc: F. Wu, Director of Planning and Development PURPOSE AND EFFECT BY-LAW 90- 1% The purpose and effect of By-law 90- 0- is to amend Zoning By-law 84-63, as amended of the Town of Newcastle by changing the zone category of the lands identified by Schedule "A" hereto from: "Agricultural (A) " to "Holding - Urban Residential Type One ( (H) R1) " "Urban Residential Type One (R1) " to "Holding - Urban Residential Type One ( (H)R1) " "Holding - Urban Residential Type Two ( (H)R2) " to "Holding Urban Residential Type One ( (H)R1) " The subject By-law would permit the development of proposed Plan of Subdivision 18T-84035 .