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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