HomeMy WebLinkAboutPD-292-90 TOWN OF NEWCASTLE
•y,�
REPORT File #��.�
DN: DEV89-30.GPA
Res. #
_ - �♦ '� By-Law #
MEETING: General Purpose and Administration Committee
DATE: Monday, October 1, 1990
REPORT #: PD-292-90 FILE #: DEV 89-30
ACT: REZONING APPLICATION - BOWMANVILLE VALLEY CO-OPERATIVE HOMES INC.
PART LOT 13 & 14, CONCESSION 2, FORMER TOWN OF BOWMANVILLE
FILE: DEV 89-30
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-292-90 be received;
2 . THAT application to amend the Town of Newcastle Comprehensive
Zoning By-law 84-63, as amended, submitted by Chris Smith and
Associates on behalf of the Bowmanville CO-OP Homes Inc. to permit
the development of 68 units be APPROVED;
3 . THAT the amending by-law be forwarded to Council for approval at
such time as the Site Plan Agreement is ready to be executed;
4 . THAT a copy of this report and Committee and Council's decision be
forwarded to the Region of Durham Planning Department;
5 . THAT the interested parties listed in this report and any
delegation be advised of Council 's decision.
1. APPLICATION DETAILS
1. 1 Applicant: Bowmanville Valley Co-operative Homes Inc.
1 .2 Agent: Chris Smith and Associates
1 .3 Rezoning Application: from "Urban Residential Type One - Holding
( (H)Rl) to an appropriate zone to permit
the proposed 68 units .
1.4 Site Plan: proposed 42 townhouse units, 26 apartment units
for a total of 68 residential units and a
community centre.
1.5 Land Area: 2.6369 ha (6 .515 Acres) . . .2
REPORT NO. : PD-292-90 PAGE 2
2. LOCATION
2 . 1 The site is located in Part Lot 13 and 14, Concession 2, Former
Town of Bowmanville. The lands are a vacant triangular shaped 2 .64
Ha parcel of land fronting on the south side of Jackman Road,
north-east of the Bowmanville Creek and west of Barbara Street.
3. BACKGROUND
3 . 1 In March of 1989 , the Town of Newcastle Planning and Development
Department received an application for Site Plan Approval and
Zoning By-law Amendment. The rezoning application proposed to
rezone a 2 .26 Ha parcel to permit the development of forty-eight
(48) row townhouse units, two (2) , twelve ( 12) unit, three (3)
storey apartment buildings, for a total of seventy-two (72) units
and a community centre.
3 .2 The applicant has submitted a number of revisions in terms of the
unit mix and configuration and now propose a total of 68 unit:
Forty-two (42) townhouse units, distributed over eight (8) blocks
and two (2 ) , 2 storey apartment buildings (26 units) plus a
community centre. The proponents have also increased the total
land area by approximately 4000 square metres to the current total
(2 . 64 Ha) through an application for land severance (LD 324/89) .
The increased land area was acquired in an attempt to satisfy the
Town's density provisions within the Town's Official Plan in
consideration of the number of units proposed by the applicant.
3. 3 On August 23, 1990, the Town was notified, through the Clerk's
Department, that an appeal to the Ontario Municipal Board was filed
by the applicant. The appeal was filed with the Board as a result
of the proponent's concern about the length of time involved in the
processing of the applications . The Co-operative receives funding
from the appropriate government agencies for developing housing
projects, however there are deadlines associated with this funding.
The O.M.B. acknowledged the referral in a letter received by the
Town on August 31; 1990. A hearing date has yet to be set.
. . . 3
�)
16
REPORT NO. : PD-292-90 PAGE 3
3 .4 The applicant has prepared and submitted the following reports in
support of the proposed development: Traffic Impact Assessment;
Functional Stormwater Management report; and a Soil Foundation and
Investigation Report. These studies were reviewed by the various
agencies having expertise in the related field. Comments
pertaining to these reports are discussed in the latter part of
this report.
4 EXISTING AND SURROUNDING LAND USES
4 . 1 There are currently no structures on the site. The lands are
mainly grassed with significant vegetation on the edges of the
property along the slope of the creek.
4 .2 Surrounding land uses include:
North: existing residential units on Jackman Road
West: rear yards of existing residential units at the north
end and open space associated with the Bowmanville Creek
valley lands .
South: the Bowmanville Creek and associated valley lands .
East: existing residences fronting on Jackman Road and Barbara
Street as well as a tributary to the Bowmanville Creek.
5 PUBLIC MEETING AND RESPONSE
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 The Public Meeting as required under the provisions of the Planning
Act was held on June 5, 1989 . At said meeting it was recommended
by Committee that the proponent meet with residents and staff to
address and attempt to resolve the concerns of the residents . A
meeting was scheduled and held on July 26 , 1989 . Two (2) days
prior to the meeting, on July 24, 1989, a representative from Chris
J . . .4
REPORT NO. : PD-292-90 PAGE 4
Smith and Associates appeared before Council requesting approval
in principle of the application as submitted. Council received the
request for information and requested Staff to report on the matter
at the first available G.P.A.C. meeting in September.
5 . 3 At the residents meeting approximately 30 people turned out to
indicate their concerns and objection with the proposal. The
residents were upset with the applicant's handling of the
application as well as the inability to answer certain questions.
The issues coming out of the meeting included: emergency access
to the site; adequacy of visitor parking; impact of noise from site
on adjacent land owners; fencing requirements; ownership of a cedar
hedge on the north east property line; and impact of headlights
from traffic leaving the site on dwellings on the opposite side of
Jackman Road.
5 .4 Staff prepared a report for the September 5, 1989 Committee meeting
advising Committee and Council of the history and status of the
file and the issues, concerns and comments which remained
outstanding. The report recommended referring the matter back to
Staff for further processing and a subsequent report upon receipt
of all outstanding comments, and resolution of issues and concerns.
5 .5 On September 6, 1989, a second meeting with the area residents,
the proponent and staff was held. The meeting, similar to the
first one, was attended by approximately thirty (30) area
residents . Issues from the first meeting were put on the agenda
for this meeting. Other issues arising from discussions included:
drainage impacts from the site on the adjacent creeks; residents
believing traffic study to be incomplete; snow and garbage removal
from the site; lack of space in schools to accomodate an increased
number of children from proposed development.
5 .6 In addition to the high level of participation at the Public
Meeting and two Resident Meetings, the area residents expressed
REPORT NO. : PD-292-90 PAGE 5
their concerns and displeasure with the proposal through numerous
letters that were received by the Town's Planning and Development
Department. Similar issues were identified in the correspondence
received as presented at the meetings noted above.
6 OFFICIAL PLAN POLICIES
6 . 1 Within the Durham Regional Official Plan the subject property is
designated "Residential" with "Environmental Sensitive Areas" and
"Hazard Land" indications within the Bowmanville Major Urban Area.
The predominant use of lands within the "Residential" designation
shall be to provide a variety of housing styles and types. The
"Environmental Sensitive" and "Hazard Land" indication would appear
to reflect the valley lands to the south and west of the subject
site. The application would appear to conform with the Regional
Official Plan.
6 . 2 Within the Town of Newcastle Official Plan, the subject lands are
designated predominantly "Low Density Residential" in Neighbourhood
112A11 . The 'Low Density Residential' designation permits housing
development with a variety of styles and types to a maximum of 30
units per net residential hectare in compliance with the
neighbourhood population target of 3900 persons .
6 . 3 The application proposes 68 units on 2 .269 Ha of developable land
a density of 29 . 9 units per ha. The 68 units proposed can be
accommodated within the 3900 population target and falls within the
density criterion for "Low Density Residential" of the Official
Plan. It further states the objective is to provide residential
areas which make possible the development of a range of housing
types, sizes, prices and tenure arrangements . The "Low Density
Residential" policies are silent with respect to building form.
The application would appear to comply with these policies .
. . . .6
REPORT NO. : PD-292-90 PAGE 6
7 ZONING BY-LAW PROVISIONS
7 . 1 Within the Town of Newcastle Comprehensive Zoning By-law 84-63, as
amended, the subject property is zoned "Urban Residential Type One
- Holding ( (H)Rl) " and "Environmental Protection (EP) " . The
residential zoning would permit only single family detached
dwellings, semi-detached/link units and duplex dwellings. The
proposed townhouses and apartment buildings would not be permitted.
The rezoning application if approved, in addition to allowing the
proposed development, would further clarify the 'EP' zoning
relative to the site.
8 AGENCY COMMENTS
8 . 1 In accordance with departmental procedures, the applications were
circulated to internal and external agencies for comment. The
subsequent revisions were circulated to the agencies which were
deemed to be affected by the changes . The following attempts to
summarize the comments received.
8 .2 The Town of Newcastle Fire Department advised they have a concern
with the application as they do with all development proposals
taking place in the north Bowmanville area. It is further noted
this concern will be alleviated at such time a new fire station is
constructed on Concession Road 3 . It is noted that improvements
to existing municipal services such as fire protection are provided
by the municipality through lot levies to be collected from
developments and the improvements will be made as future population
increase warrants such improvements .
8 . 3 The Community Services Department Staff provided no objection to
the application subject to conditions. The proponent must provide
a five percent (5%) cash-in-lieu of parkland dedication and
construct a paved pedestrian walkway to the valley floor through
the grade in the south west corner of the site.
. . .7
REPORT NO. : PD-292-90 PAGE 7
8 .4 The Town of Newcastle Public Works Department analysis of the
application included a review of a Preliminary Grading and Storm
Drainage Plan, a Preliminary Road and Sidewalk Design and a Draft
Traffic Impact Analysis. Works Staff have advised they have no
objection in principle to the above-noted development subject to
the following conditions . The applicant bear the costs ( 100%) of
providing a sidewalk on the south side of Jackman Road, between the
proposed development and Scugog Street; the applicant provide
street lighting on Jackman Road and at the entrance to the site to
facilitate vehicular and pedestrian traffic; that the applicant
contribute to the cost of reconstructing Jackman Road in accordance
with Town policy; that the applicant bear the costs (100%) of any
works on Jackman Road which are necessitated as a result of this
development; that a performance guarantee estimate for external
works be provided to the satisfaction of the Director of Public
Works and the related monies deposited with the Town; that any
easements required by the Town be provided free and clear of any
encumbrances; and that the applicant satisfy all of the standard
requirements of the Works Department and enter into a Site Plan
Agreement.
8 .5 Regional Planning Staff's comments noted that the subject property
is designated partially "Residential" and partially "Major Open
Space" , with an indication of "Hazard Lands" , in the Durham
Regional Official Plan. The 'major open space ' area and the
'hazard lands ' are associated with Bowmanville Creek Valley. The
proposal may be permitted in the area determined to be residential,
the limits of such area will be defined in local zoning by-law.
8 . 6 Regional Public Works Department have reviewed the proposal and are
satisfied that municipal water is available to the subject
property. Sanitary sewer services were noted to be dependent upon
the construction of sewers through an adjacent plan of subdivision
(18T-87005) .
REPORT NO. : PD-292-90 PAGE 8
8 . 7 The Ministry of Natural Resources has reviewed the rezoning and
site plan applications as well as the Drainage and Erosion Control
Plans submitted in support of the application. Ministry Staff
offered no objection to the applications . The proposed water
quality facility is considered acceptable in principle, therefore,
the applicant must finalize design details through the site plan
agreement prior to final approval.
8 . 8 The Central Lake Ontario Conservation Authority has also reviewed
the subject applications and supporting documentation and offered
no objection to the rezoning subject to conditions to be contained
within the site plan agreement. The Authority has commented on the
Soil and Foundation Investigation prepared in support of the
proposal, and have highlighted various requirements they wish
addressed through the zoning by-law amendment and Agreement.
i) Building Setbacks and Slope Stability
Authority Staff advise the building setbacks identified should
be included in the zoning by-law amendment. As well the site
plan agreement should recommend all roof leaders and
foundation drains connect to the storm sewer, to minimize
potential slope instability as well vegetative controls and
fence should be required along the valley top-of-bank, to
provide a barrier to pedestrian traffic over the slope.
ii) Site Drainage
Run-off from the site, under a major storm event, will be
conveyed to the northwest corner of the property and conveyed
over the top-of-bank of the Bowmanville Creek. The specific
details of routing and slope protection must be in place prior
to site plan approval.
iii) Open Space
The majority of the lands south of the apartment blocks
contain the forested valley slope of the tributary and was .to
REPORT NO. : PD-292-90 PAGE 9
contain the sanitary sewer easement. Authority Staff
recommend that this portion of land be separated in an "Open
Space" block and dedicated to the appropriate public authority
through site plan agreement. Further, all lands below top-
of-bank should be zoned "EP" .
8 .9 The following agencies advised they have no objection to the
applications as submitted; Newcastle Hydro Electric Commission,
The Public School Board and the Separate School Board.
9 STAFF COMMENTS
9 . 1 In reviewing and assessing the subject applications many concerns
and issues have been identified by area residents as detailed
through letters and the various meetings. Following the September
1989 meeting the proponent has worked closely with several
commenting agencies and made revisions to the proposal which
addresses concerns previously raised by residents . The number of
parking spaces has increased from 119 to 132, while the number of
units has decreased by four (4) . Access to and from the site is
limited to one point which complies with Town requirements.
Surveys indicate the cedar hedge is located on the northeast
property line. The applicant and the affected property owner to
the east have both indicated they would prefer if the hedge were
to remain. A second traffic impact analysis was undertaken at
Staff's request and reviewed by Public Works Staff, and is
generally acceptable subject to the applicant be responsible for
the construction of a sidewalk from the subject site to Scugog
Street on the south side of Jackman Road, as well as contribute to
the reconstruction of Jackman Road, and provide street lighting on
said road. Site drainage issues have been reviewed by MNR, CLOCA
and the Town Public Works Departments each from their respective
mandates . All three agencies have provided support to the proposal
subject to implementation details being included in the Site Plan
Agreement. Snow and garbage removal are items that are addressed
through the Town's standard Site Plan Agreement, and the applicant
REPORT NO. : PD-292-90 PAGE 10
has made provision for garbage disposal containers, which must be
enclosed. The applicant will be required to install a 1. 8 m high
wood privacy fence in the north-west corner where the subject
property abuts existing residential units. This will assist in
mitigating noise as well as provide privacy. Residents abutting
the eastern limit of the property are separated by the existing
ravine. In addition, fencing ( 1.2 m chain link) is also required
along the valley top-of-bank in accordance with CLOCA's comments.
Staff is satisfied the applicant has attempted to address the major
concerns of the area residents as noted above.
9 .2 The site is accessed from Jackman Road which presently connects to
Scugog Street to the east and Regional Road # 57 to the west, via
the Bailey bridge. The Town's Official Plan proposes the extension
of Longworth Drive (Jackman Road extension) to Regional Road # 57 .
This would facilitate a crossing of the Bowmanville Creek north of
the subject site and the removal of the Bailey bridge. The net
effect is reduced traffic on Jackman Road. In addition, should the
application be approved the proponent would be responsible for the
construction of a sidewalk on Jackman Road which would increase
safety for pedestrian traffic, as well as contribution to the cost
of reconstructing Jackman Road.
9 . 3 Staff have reviewed the application with respect to the Region and
Local Official Plan policies and are satisfied that the application
complies with these. As noted earlier, neither the Town or
Regional Official Plan makes reference to building form, but rather
states that the objective of the residential designation is to
provide a range of housing types, size, prices and tenure. This
application would appear to be in compliance with that objective.
9 .4 The Ministry of Housing policy on affordable housing is also to be
considered when dealing with residential developments . The Housing
Policy Statement indicates that municipalities are to provide a
range of housing types, of which a minimum 25% of new residential
REPORT NO. : PD-292-90 PAGE 11
units are to be affordable. The Town currently has only one (1)
proposal approved for assisted housing within the municipality
consisting of 60 units . This figure is very low compared to
approximately 15,000 proposed dwelling units which are contained
in the development pipeline as noted in PD-246-90 (housing Trends
within the Town of Newcastle) received by Council July 23, 1990.
10 CONCLUSION
10 . 1 Staff is satisfied that a Site Plan Agreement can be achieved which
satisfies the requirements of the various commenting agencies such
as the Town's Public Works Department, the Conservation Authority,
and the Ministry of Natural Resources . Staff therefore, recommends
approval of the zoning by-law amendment in principle, with an
amending By-law to be forwarded to Council at such time as a Site
Plan Agreement has been drafted to the satisfaction of the Central
Lake Ontario Conservation Authority, the Ministry of Natural
Resources and the Town of Newcastle.
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C. I .P. Lawre E. Kotseff
DIrector of Planning Chief inistrative
and Development Offi e
CP*FW*cc
*Attach
20 September 1990
Interested parties to be notified of Council and Committee's decision:
Marion and Tom Pearson Peggy Clark
83 Prospect Streeet 4 Wellington Street
BOWMANVILLE, Ontario L1C 3H3 BOWMANVILLE, Ontario L1C 1V1
D. & V. Kennedy Robert Sabisz
3 Fourth Street 8 Munday Court
BOWMANVILLE, Ontario L1C 2E9 Box 8, Group 31, R. R. #3
BOWMANVILLE, Ontario L1C 3K4
`� 1D
REPORT NO. : PD-292-90 PAGE 12
671461 Ontario Ltd. Bowmanville Valley Co-op Homes Inc.
162 Wellington Street 188 Main Street
BOWMANVILLE, Ontario L1C 1W3 TORONTO, Ontario M4E 2W1
Edna Laughlin Melanie Jessup
47 King St. East 373 Hillcroft Street
BOWMANVILLE, Ontario L1H OSHAWA, Ontario L1G 2M3
Donald Allin Don Anderson
1 Frederick Ave. 5 Edsall Ave.
BOWMANVILLE, Ontario L1C 2B8 BOWMANVILLE, Ontario L1C 2A7
Sheila and Ken Burgess
6 Jackman Drive Muriel Albin
BOWMANVILLE, Ontario L1C 2C9 4 Jackman Drive
BOWMANVILLE, Ontario L1C 2C9
Freda Kramp
3 Edsall Ave. Kay Buttery
BOWMANVILLE, Ontario L1C 2A7 14 Frederick Ave.
BOWMANVILLE, Ontario L1C 2B9
Dirk Brinkman
348 Scugog Road, Diane Cookson
R. R. #1 4 Barbara Street
BOWMANVILLE, Ontario L1C 3K2 BOWMANVILLE, Ontario L1C 2E4
Gail & Robin Adamson Nelly Van Dyk
2 Barbara Street 2 Jackman Road
BOWMANVILLE, Ontario L1C 2E4 BOWMANVILLE, Ontario L1C 2C9
Wendy Maynard Charlene Villa
2 Flett Street 63 King Street West
BOWMANVILLE, Ontario L1C 2J8 BOWMANVILLE, Ontario L1C 1R2
D. G. Biddle and Associated Ltd. Don Sudsbury
Attention: Bob Annaert, 54 & 56 Jackman Road
96 King Street East BOWMANVILLE, Ontario L1C 2C9
OSHAWA, Ontario UH 1B6
Emile E. Salomon Sue Ann Heming
48 Jackman Road General Delivery
BOWMANVILLE, Ontario L1C 2C9 NEWTONVILLE, Ontario LOA 1JO
Ken Hockin Dean Bruce
Martin Road General Delivery
BOWMANVILLE, Ontario L1C 3K2 NEWTONVILLE, Ontario LOA 1JO
Cole Residence Shirley Sylvester
2 Frederick Ave. 63-800 Rossland Road West
BOWMANVILLE, Ontario L1C 2B9 OSHAWA, Ontario L1K 1R3
R. Wells W. Stephens
6 Barbara Street 4 Barbara Street
BOWMANVILLE, Ontario L1C 2E4 BOWMANVILLE, Ontario L1C 2E4
. . . . 13
� r' 6
REPORT NO. : PD-292-90 PAGE 13
E. Eves J. Wright
8 Barbara Street 1 Edsall Street
BOWMANVILLE, Ontario L1C 2E4 BOWMANVILLE, Ontario L1C 2A7
D. Kennedy T. Pearson
3 Fourth Street 83 Prospect Street
BOWMANVILLE, Ontario L1C 5E9 BOWMANVILLE, Ontario L1C 3H2
D. Kellett D. Forsey
116 Scugog Street 96 Scugog Street
BOWMANVILLE, Ontario L1C 3J6 BOWMANVILLE, Ontario L1C 3J4
J. Boyd A. Dalrymple
94 Scugog Street 11 Frederick Street
BOWMANVILLE, Ontario L1C 3J4 BOWMANVILLE, Ontario L1C 3B8
A. Murphy H. Watson
16 Frederick Street 3 Frederick Street
BOWMANVILLE, Ontario L1C 3B8 BOWMANVILLE, Ontario L1C 3B8
E. Banting A. Hooper
20 Frederick Street 8 Frederick Street
BOWMANVILLE, Ontario L1C 2B9 BOWMANVILLE, Ontario L1C 2B9
D. Bouman D. Marlowe
10 Jackman Road 48A Jackman Road
BOWMANVILLE, Ontario L1C 2C9 BOWMANVILLE, Ontario L1C 2C9
J. Sudsbury J. Cassidy
63 Jackman Road 61 Jackman Road
BOWMANVILLE, Ontario L1C 2E2 BOWMANVILLE, Ontario L1C 2E2
G. Mountney E. Huxter
61B Jackman Road 60 Jackman Road
BOWMANVILLE, Ontario L1C 2E2 BOWMANVILLE, Ontario L1C 2C9
C. Albin H. Brown
4 Jackman Road 52 Jackman Road
BOWMANVILLE, Ontario L1C 2C9 BOWMANVILLE, Ontario L1C 2C9
P. Koenderman C. Tomlinson
53 Jackman Road 55 Jackman Road
BOWMANVILLE, Ontario L1C 2E2 BOWMANVILLE, Ontario L1C 2E2
R. Brooks N. Gibson
50 Jackman Road 18 Jackman Road
BOWMANVILLE, Ontario L1C 2C9 BOWMANVILLE, Ontario L1C 2C9
J. Shipley B. Sargent
62 Jackman Road 147 Scugog Street
BOWMANVILLE, Ontario L1C 2C9 BOWMANVILLE, Ontario L1C 3J8
A. Murdaca
12 Jackman Road
BOWMANVILLE, Ontario L1C 2C9
E. Bottrell
15 Jackman Road
BOWMANVILLE, Ontario L1C 2E1
W. Bromell
66 Jackman Road
BOWMANVILLE, Ontario L1C 2C9
Carol Barnard
58 Lambs Lane
Bowmanville, Ontario L1C 3G5
�Nrr i
•r�sr•.oc nwr•.0 iNC ; ��.
SITS STATISTICS
nn Cn
L
hm•
Rcfcr to Sita aRn6'"
h 1)nnc.an )ot, 6z1
Sn U
n•cY y' 2.260 hn 26
All"" of vc 1•nl,of
No
pbn oral
Si right
nU nRGA � {tow llcsusc' �nntit>, � RouN'r �
lLniNG 2e j
Mm AID r acoous[ /
IZ
R°a• t3uitdings ^tt — \
ppartnsent cnttc A 1(;trt' -S t /�'/.
Community C -�g6om' U 104M � \
err C S2^rn, ��' ,,,��^•., ��
Tntnl c of Site
putcntag
4 SG.
ROAD�Nn asCflm` of writing units ^° .�• »�"'
•Coral
n`
Total f
cot Sitc,\rca
percentag ncnsity �elu�
1,,Nnscnl 1 ,cs t.• f r
Tom' of site nrca eFO:� e
rt'l"ntuge t e a�
' tn2<P•
'Cntnl
(including F' jr/ /' y\ f
f l �" N VALLE��iNC
CO—OQ—
�r, i�
SUBJECT SITE
LOT 14 LOT 13 LOT 12
(H)RI <
c
c
RI: c o
j� Rl
1
A >
N
K d1�Lf
A
H)RI Z
R1 0
p 1 R E cH� R1 KMA t!)
a I R1 N ?o t-= LU
°0 1 Ri V
2 H
1 )RI O THIRO ` z
—'1 D 0
Z I gKR C v, V
Ri
'A RE-5 H Rt ST
EP
W
1 u FWST T
1 T_ AWL
O ST
A Rt2-8
0 50100 200 300m
KEY MAP
y
Dev. 89-30
530
i