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HomeMy WebLinkAboutPD-240-90 TOWN OF NEWCASTLE TIC.GPA REPORT File t� Res. # - - �f �• By-Law # METING: General Purpose and Administration Committee DATE. July 23, 1990 REPORT #: PD-240-90 FIE #: Dev 90-049 SUB.�CT: REZONING APPLICATION - PARTICIPATION HOUSE PART LOT 8, CONCESSION 2, BOWMANVILLE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-240-90 be received; 2 . THAT rezoning application Dev 90-049 submitted by Totten Sims Hubicki on behalf of Participation House to permit the development of 40 Townhouse Units be approved. 3 . THAT it be recommended to the Region of Durham that the Town of Newcastle request the Region to amend the Town of Newcastle Official Plan to add a medium density symbol to permit the proposed development by Participation House; 4 . THAT the amending by-law be passed at such time as Regional Council have adopted the Official Plan Amendment and the site plan agreement has been entered into. 5 . THAT the Region of Durham Planning Department and those persons listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Applicant: Totten Sims Hubicki and Associates 1.2 Owner: Participation House REPORT NO. : PD-240-90 PAGE 2 1. 3 Rezoning: "Urban Residential Exception Eight (R1- 8) " and "Environmental Protection (EP) " to "Urban Residential Exception (R3-9) " zone to accommodate 40 rental townhouse units comprising of 12 market rent units, 23 rent-geared-to-income units and 5 units for physically handicapped tenants. 1.4 Area: 1 .44 ha (3.55 acres) 2. LOCATION 2 . 1 The subject property is located in Part Lot 8, Concession 2, former Town of Bowmanville. The property is bounded by Concession Street to the South, Development Application 18T- 88037 to the North and the eastern limit of Lot 8 to the east. 3. BACKGROUND 3 . 1 On May 1, 1990, the Town of Newcastle Planning Department received an application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, to permit the development of 40 Townhouses. 3 .2 In order to fulfil the requirements of the Planning Act, a Public Meeting was held on June 4, 1990 . One person spoke in opposition to this application during this meeting. the concerns noted by this resident included drainage, erection of a fence, and the heavy concentration of rent-geared-to- income housings in the area. j () J REPORT NO. : PD-240-90 PAGE 3 3 . 3 By-law 77-39 zoned this parcel of land "Urban Residential Exception Eight (R1-8) " (By-law 77-39) . This zoning permitted the land to be used "for a residence for the accommodation, education, employment, recreation and therapeutic treatment of handicapped persons . " However, the property has remained vacant. Since the approval of By-law 77-39, the type of facility that Participation House wishes to provide has changed, hence the submission of this rezoning application. 4. EXISTING AND SURROUNDING USES 4 . 1 Existing Uses: Vacant 4 .2 Surrounding Uses: East: Soper Creek West: Single Family Residence - Previously a Day Care South: Existing Single Family dwellings North: Draft Approved Plan of Subdivision 18T-88039 5. OFFICIAL PLAN POLICIES 5 . 1 According to the Town of Newcastle Official Plan, the property is designated "Low Density Residential" . The Policies state that "Low Density Residential" development shall not exceed a density of 30 units per net residential hectare. Since the site has approximately 0 .98 ha of developable area,a 40 unit project would produce a density of 41 units per net residential hectare. This exceeds the permitted density, of the Official Plan. In previous discussion with the Region, it was suggested that should the Town support the . . .4 JSUC. REPORT NO. : PD-240-90 PAGE 4 rezoning application, the Town could also request the Region of Durham to amend the Official Plan at the same time. 6. ZONING PROVISIONS 6 . 1 The subject property is zoned "Urban Residential Exception Eight (Rl-8) , and Environmental Protection (EP) " . As noted earlier, the property was zoned to permit a similar use and since By-law 77-39 was site specific, the current proposal does not meet the intent of the "Rl-8" zone. 7. PUBLIC NOTICE AND SUBMISSIONS 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 Since the Public Meeting, telephone conversations and letters have been received from concerned citizens regarding this application. The concerns noted ranged from increased traffic to environmental issues . For instance, it was stated that traffic from this development would travel along Soper Creek Drive to Mearns Avenue rather than west on Concession Street. In regard to the environmental concerns, it was noted that this project would alter the flood plane and the citizens felt that this would irrevocably damage the creek. In addition, the area residents believe that the site is inappropriate for the establishment of rent-geared-to-income units for a number of reasons such as: the amount of affordable housing being applied for in this area; the increase in density that has REPORT NO. : PD-240-90 PAGE 5 been applied for; and the potential devaluation of their properties. 8. AGENCY C014MENTS 8 . 1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies . The following agencies had no objection to the application as circulated: Durham Region Health Unit Newcastle Hydro Electric Commission Peterborough-Victoria-Northumberland Newcastle Roman Catholic Separate School Board 8.2 A number of agencies had no objection to the application provided that their concerns are met to the satisfaction of the commenting agency. For instance, comments have been received from the Town of Newcastle Fire Department in which it was stated that there was a concern with the amount of development proposed for the area and the level of service the fire department could provide. 8 .3 The Town of Newcastle Community Services Department has requested that a landscape plan be submitted, that appropriate treatment be given to landscaping the frontage along Concession Street, and that the applicant/owner provide the Town with cash-in-lieu of parkland calculated on the basis of 1 ha per 300 dwelling units . 8 .4 The applicant/owner must satisfy the Town of Newcastle Public Works Department financially and/or otherwise. REPORT NO. : PD-240-90 PAGE 6 8 .5 The Durham Region Planning Department noted that the proposal complies to the Durham Region Official Plan, but that the proposed density exceeds that which is permitted within the Town of Newcastle Official Plan. Hence an Official Plan Amendment is required. 8 . 6 The applicant has made application to the Central Lake Ontario Conservation Authority for the necessary permits. The Conservation Authority has no objection to this development provided that the exact limit of the "Environmental Protection" zone to be defined is to the satisfaction of the Conservation Authority. 8 . 7 The Ministry of Natural Resources will not object to this project provided that Central Lake Ontario Conservation Authority is satisfied and that the "Environmental Protection" zone remains on those lands located between the new flood line and the property's eastern boundary. 8.8 The Northumberland and Newcastle Public School Board stated that the students would be bused and that sidewalks are required to be constructed on Concession Street. In addition, the School Board noted that the current development applications within this area will create an additional 414 students hence overcrowding the schools . However, the responsibility for providing educational facilities lies with the Ministry of Education and the School Board. 9. STAFF COMMENTS 9 . 1 Since the original submission, Staff note that the applicant has revised the site plan to provide more parking. Staff have also been advised that they are currently working on a landscape plan. REPORT NO. : PD-240-90 PAGE 7 9 .2 The subject property has been zoned since 1977, for residential use to house physically handicapped persons . Under the current by-law provisions, a residence up to three storeys in height and covers as much as 40% of the lot area is permitted. This effectively could yield a large building of about 51, 226 sq. ft. of living floor space. Assuming each resident takes up 400 sq.ft. of living space, the subject site can accommodate a building that can house 128 physically handicapped persons . The current application for 40 townhouses will generate about 120 persons assuming the provincial household average of 3 persons/unit. The foregoing mathematical calculation is intended to illustrate that the proposed rezoning does not appear to increase population density than those currently permitted by the by-law. 9 .3 Within the rezoning change sought by the applicant, the only pertinent change is the housing form, ie. 40 townhouse units as opposed to one large residence. With respect to the types of tenants who will be living in any housing units, it is noted that the Planning Act does not appear to provide the authority to the municipality to enact a by-law that would discriminate or dictate who shall live where, nor to differentiate whether or not dwellings should be freehold or tenant occupied. 9 .4 With respect to other concerns raised by the residents such as traffic, environmental impact, and fencing, Staff is of the opinion that the size and magnitude of this type of development does not warrant any traffic study and the local road system is adequate. Fencing will be required as a standard requirement in Site Plan Approval. Lands that are flood prone will not be allowed to be developed and the amending Zoning By-law will place all flood prone land in the Environmental Protection Zone. REPORT NO. : PD-240-90 PAGE 8 9 .5 In view of the foregoing comments Staff is of the opinion that the proposed development is proper. Pending approval of the Official Plan Amendment by the Region, and the execution of a Site Plan Agreement, Staff will bring forth the amending by- law for Council approval. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. wrence E Kotseff Director of Planning Chief AP* istrative and Development Officer HM*FW*df *Attach 13 July 1990 REPORT NO. : PD-240-90 PAGE 9 Interested parties to be notified of Council and Committee's decision: The Participation 500 Wentworth Street East, Suite 3, Oshawa, Ontario. L1H 3V9 Annau Associates Inc. 819 Yonge Street, Toronto, Ontario. Att: Mark Krayenhoff Larry Paradis R.R.#4 Bowmanville, Ontario. L1C 3K5 Judith A. Beetle 49 Soper Creek Drive, Bowmanville, Ontario. L1C 4K7 Totten Sims Hubicki lA King Street East, Cobourg, Ontario. K9A 4L1 Att: Graham Good Mr. & Mrs . R. Turner 133 McFeeters Crescent, Bowmanville, Ontario. L1C 4K6 Richard Lange 79 Soper Creek Drive, owmanville, Ontario. Don Vivian 75 Soper Creek Drive, Bowmanville, Ontario. A can CD c: MEARNS I co Z M:,.:, AVENUE C. CRES. I C Fs V 0"00 U)m a r o 44h D I m Im " LAMBS ( ROAD o ,� CONCESSION 1 CONCESSION 2 i � I �NNAU ASSOCIATES nnilClPnr IOM uautr ate Plan �Mdy 199050 SUBmlSS(ON j AY 18 1990