The URL can be used to link to this page

Home My WebLink AboutPD-270-90 TOWN OF NEWCASTLE DN: NANTUCKET.GPA REPORT File # Res. # PUBLIC MEETING By-Law # MEETING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: I Monday, September 17, 1990 REPORT #: PD-270-90 FILE #:DEV 90-025 SECT: APPLICATION FOR. REZONING AND SITE PLAN PART LOT 29 , CONCESSION 2, FORMER TWP. OF DARLINGTON DEV 90-025 (X-REF: 18CDM-90004) RECOMMENDATIONS: It is respectfully recommended that the General Purpose & Administration Committee recommend to Council the following: 1. THAT Report PD-270-90 be received; 2 . THAT application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by D.G. Biddle on behalf of Nantucket Condominiums be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; and 3 . THAT the interested parties listed in this report and any delegation be advised of Council's decision. BACKGROUND AND COP1MENT: 1. Application Details: 1. 1 Applicant: D.G. Biddle 1.2 Owner: Nantucket Condominiums/Halcorp Holdings Ltd. 1 . 3 Condominiums: 152 units Total: 152 units j �_? REPORT PD-270-90 PAGE 2 1 .4 Rezoning: From " (Holding) Urban Residential Type Four ( (H)R4) " to a zone permitting a reduced setback from an "Environmental Protection" Zone. 1.5 Area: 3 . 32 hectares (8 .2 acres) 2. Location 2 . 1 The subject property is located in Part Lot 29 , Concession 2, former Township of Darlington in the Northwest corner of Highway 2 and Courtice Road. 3. Background 3 . 1 On March 1, 1990, the Town of Newcastle Planning Department received a site plan application for a 152 unit condominium complex and a clubhouse. On April 2, 1990, the Region forwarded notification to the Town that D.G. Biddle had made application for 152 Condominium Units on behalf of Halcorp Holdings Limited. 3 .2 On July 4, 1990, the applicant submitted a minor variance application in an attempt to obtain relief from Section 3 . 19 of the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended. Section 3 . 19 specifies that all newly constructed buildings must be set back a minimum of 3 . 0 metres from an "Environmental Protection (EP) " zone. On August 2, 1990, this application went before the Committee of Adjustment where the Committee deemed that the application was not minor in nature. Therefore, in order to bring the proposal into compliance with the Zoning By-law, the submission of a rezoning application becomes necessary. 4. Existing and Surrounding Uses 4 . 1 Existing Uses: Vacant Open Space REPORT PD-270-90 PAGE 3 4 .2 Surrounding Uses: East: Town Approved Plan of Subdivision 18T86073 West: Vacant Open Space South: Roy Nichols Motor Sales North: One Single Family Dwelling and Vacant Open Space 5. Official Plan Conformity 5 . 1 The proposed development is in conformity with the Durham Regional Official Plan as the subject property is designated "Residential" . 5 .2 The Town of Newcastle Official Plan also designates the property as "Residential" . Schedule One of the Courtice Neighbourhood Plan further defines the subject lands as "Residential High Density" with a maximum density of 80 units per net residential hectare. As the density of this proposal calculated according to the amount of available developable land is approximately 58 units per net residential hectare, compliance to the Neighbourhood Plan exists . 6. Zoning Compliance 6 . 1 The site is zoned "Holding - Urban Residential Type Four ( (H)R4) and "Environmental Protection (EP) " . Permitted uses in these two zones are "Apartment Buildings" and "Conservation" respectively. The density of an apartment building can not exceed 80 units per net residential hectare and prior to the issuance of building permits the "holding (H) " category must be removed. Although the proposal complies to the density requirement, it does not meet the minimum setback of 3 .0 metres from an "Environmental Protection (EP) " zone as required in Section 3 . 19 of the General Provisions of Zoning By-law 84-63 as required. REPORT PD-270-90 PAGE 4 7. Public Meetings 7 . 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. 7 .2 As of the writing of this report, no written submissions have been received. However, frequent conversations have been had with neighbouring property owners who had concerns with the height of the proposed structures, the amount of traffic generated by the development and environmental considerations with regard to flood levels . 8. Agency Comments 8 . 1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. At the time of writing, only one agency, being the Peterborough-Victoria-Northumberland-Newcastle Roman Catholic Separate School Board, stated they had no objection to the application. 8 .2 A number of the responding agencies had no objection to the application provided that any concerns that they might have are adequately dealt with. For example, the Town of Newcastle Fire Department noted that access routes can not be longer than 90 metres without a turnaround facility, and hydrants shall be located within 90 metres of any building. The applicant/owner must satisfy the Town of Newcastle Public Works Depart financially and otherwise, in addition to providing: monetary contributions for sidewalks and illumination of Regional Road No. 34; and having all works associated with storm water drainage approved by the Central Lake Ontario Conservation Authority. The Community Services Department has requested that the required cash-in-lieu of parkland be submitted on the basis of 1 hectare per 300 dwelling units; that a landscape plan be i..� ( i f{ REPORT PD-270-90 PAGE 5 submitted to the satisfaction of the Community Services Department; and that all lands located south of the required setback of 7 .5 metres, excluding the storm detention pond facilities, be dedicated to the Town gratuitously as open space/valley lands. The Central Lake Ontario Conservation Authority has no objection to this proposal provided that the limits of the "Environmental Protection (EP) " zone are not altered. The Conservation Authority is satisfied that all structures are located above the floodline, however, they do ask that a minimum opening elevation of one foot above the Regional Storm Flood elevation should be enforced either through a site specific zoning by-law or in the associated site plan agreement. The Ministry of Natural Resources had no objection to this application provided that the "Environmental Protection (EP) " zone remains so zoned. In addition, the Ministry has noted that a number of conditions must be met prior to' registration of the condominium agreement. The Ministry of Transportation Ontario requires all access be restricted to Courtice Road, and that all structures located within 180 metres of the centre point of the Highway 2/Courtice Road intersection obtain permits from the Ministry of Transportation. 8 . 3 The Northumberland and Newcastle Board of Education had some concerns with the proposal since the Courtice North Public School is presently over capacity. It was also asked that sidewalks along Courtice Road be provided. 8 .4 Comments have yet to be received from the Durham Region Planning Department and Durham Region Public Works Department. REPORT PD-270-90 PAGE 6 9. Staff Comments 9 . 1 It is apparent that this application complies to all pertinent density regulations and zoning provisions with the exception of the 3. 0 metre minimum setback from an "Environmental Protection" zone. The provision of this requirement in By- Law 84-63 is for the benefit of the respective Conservation Authorities . The applicant has submitted the appropriate engineering studies and has satisfied the Central Lake Ontario Conservation Authority that a setback from the "Environmental Protection" zone is not required. 10 . Conclusion 10 . 1 As the purpose of this report is to address the requirement of a Public Meeting under the Planning Act, and in consideration of the comments outstanding, Staff recommends that the application be referred back to Staff for further processing. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I.P. Lawrence Kotseff, M.C. I .P. Director of Planning Chief nistrative and Development Officer HM*FW*lp Sept. 6/90 REPORT PD-270-90 PAGE 7 INTERESTED PARTIES TO BE NOTIFIED OF COMMITTEE AND COUNCIL'S DECISION: D.G. Biddle 96 King St. E. Oshawa, Ontario L1H 1B0 Halcorp Holdings Ltd. 1748 Baseline Rd. Group 10, Box 7 R.R. #2 Bowmanville, Ontario L1C 3K3 Mr. and Mrs . Tuerk Group Box 18 Box 22 R.R. #6 Bowmanville, Ontario Llc 3K7 II I SUBJECT SITE LOT 30 LOT 29 LOT 2 8 Ro i El I (H)R3 EP R1 ( M I � . (H)R4 V 4 � V RI I (H)C R1 ; A NASH ROAD o y R1 (H) R1 , I RI R4 w N E Z 10 0 Rl � � Of �'-- 55 (H)RI Z -1 C•1 C&5 J 0V I R' � EP a I (H)R1 ; I 0 50 too Zoo 300m KEY MAP Dev. 918CDM90-004 Yl )