HomeMy WebLinkAboutPD-130-91DN:VANSTONE.GPA
Meeting: General Purpose and Administration Committee
Date: Monday, June 17, 1991
D
File # mat-1- b y YA C U_'�."
Res. #
Eby -Law #
Report #: P11- 130 -91 File #: Pln OPA 9 0 - 2 5 / D / N
DEV 90 -44
Subject:
Official Plan Amendment - Zoning By -law Amendment
Vanstone Mill Incorporated
Part Lot 13, Concession 1, former Town of Bowmanville
Recomeni ®is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD- 130 -91 be received;
2. THAT the Official Plan Amendment and the Rezoning
Application submitted by the Vanstone Mill Inc. for the
development of 39 unit apartment be approved;
3. THAT the zoning by -law with an "H" holding symbol be
forwarded to Council for approval at such time as the
Official Plan Amendment has been approved by the Ministry of
Municipal Affairs;
4. THAT the "H" Holding symbol be removed at such time the
applicant /owner satisfies all requirements of the Central
Lake Ontario Conservation Authority, Ministry of Natural
Resources and the Town of Newcastle including the execution
of a site plan agreement.
5. THAT the Official Plan Amendment and Rezoning Application
submitted by Vanstone Mill Inc. for the Commercial Component
be referred back to Staff for further processing;
6. THAT the Region of Durham Planning Department, all
interested parties listed in this report and any delegation
be advised of Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: Vanstone Mill Inc.
1.2 Proposed Uses: Commercial: Approximately 1858 sq.
metres (20,000 sq.ft.) of existing
commercial (the Mill, stable and
Miller's house) and 1226 sq. metres
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ANELI° R ECJCPE
THG IS PRTIVEO OH RECYCLED PAPER
REPORT NO.: PD- 130 -91 PAGE 2
(13,200 sq.ft.) of commercial and
office space fronting onto Scugog
Street
Residential: 4 storey, 39 unit
residential apartment located on
the west side of Bowmanville Creek
i) 8 one - bedroom
ii) 19 two - bedroom
iii) 12 three - bedroom
1.3 Official Plan Amendment: From: Main Central Area
(Commercial and Low Density
Residential) and Major Open Space
with an indication of Hazard Lands
and Environmental Sensitivity
To: Designations to permit
proposed uses.
1.4 Zoning By -law Amendment: From: Environmental Protection
(EP), Urban Residential Type One
(Rl) and General Commercial (Cl)
To: An appropriate zoning to
permit the proposed uses.
1.5 Area: The applicant owns 6.8 ha (17
acres), of which 2.34 ha (5.80
acres) are subject to the
applications.
2. LOCATION•
2.1 The subject site is located in Part Lot 13, Concession 1 of
the former Town of Bowmanville. The subject site is located
on the north side of King Street, west of Scugog Street.
.l
REPORT NO.; PD- 130 -91 PAGE 3
3. EXISTING AND SURROUNDING LAND USES:
3.1 Existing Uses - Commercial /Vacant
3.2 Surrounding Uses - East: Residential /Commercial
West: CP Railway
South: Commercial (Tim's Rent -all
Ltd.) and Highway No. 2
North: C.P. Railway
4. BACKGROUND:
4.1 On March 13, 1990,
from the Region of
Vanstone Mill Inc.
of Durham Official
the Town of Newcas
application.
the Town of Newcastle received notice
Durham of an application submitted by the
to amend the Town of Newcastle and Region
Plans. Subsequently, on April 17, 1990,
tle received a related rezoning
4.2 The initial applications had proposed a 44 unit apartment
building. The proposal has been revised, reducing the
number of units to 39.
4.3 The applicant has also submitted two applications to the
Land Division Committee to sever two residential lots which
front on Scugog Street, immediately north of the existing
single family dwellings. Staff had requested that the Land
Division Applications be tabled until such time as the
Official Plan and Zoning By -law Amendments have been dealt
with by the Council of the Town of Newcastle.
4.4 There are two components to this application, the proposed
residential and commercial uses are separated by the
Bowmanville Creek. There are a number of outstanding issues
surrounding the points of access into the commercial area.
The applicant is currently undertaking further technical
reports to satisfy the concerns of the Public Works
REPORT NO.: PD- 130 -91 PAGE 4
Department. Given these outstanding issues, the applicant
has requested that the residential component be forwarded
for recommendation.
Staff have received sufficient information and comments to
prepare a recommendation to Committee that specifically
deals with the residential component of the application.
The discussions contained in the balance of this report,
therefore deals only with the residential component of the
proposal.
5. OFFICIAL PLAN POLICIES:
5.1 The applicant has proposed to develop a 4 storey 39 unit
apartment on a 0.56 ha. property west of the creek. To
achieve this, the applicant must:
1) amend the current Region Official Plan to designate the
land "residential ".
2) amend the Newcastle Official Plan to designate the land
"residential" with a high density symbol as well as
increasing the population allocation in Neighbourhood
3A.
5.2 In February 1991, Regional Council approved Amendment #40 to
the Town of Newcastle Official Plan to permit the extension
of the Bowmanville Main Central Area westerly, to Green Road
including the subject property. The said amendment
designates the subject property as part of a special study
area.
5.3 Notwithstanding the proposed Special Study Area
designation,it is staff's opinion that the subject property
is an isolated land parcel that can be dealt with in its own
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REPORT NO.: PD- 130 -91 PAGE 5
merits through the Official Plan Amendment and rezoning
application filed by the applicant. (Attachment #1)
6. ZONING BY -LAW PROVISIONS:
6.1 The site is presently zoned "Environmental Protection (EP) ",
the applicant has requested that the property be rezoned to
permit the proposed residential uses.
7. PUBLIC MEETING AND RESPONSE:
7.1 The appropriate signage acknowledging the application was
installed on the subject lands. In addition, the
appropriate notice was mailed to each land owner and tenant
within the prescribed, 120 metre distance.
7.2 At the Public Meeting held June 18, 1990, one resident noted
concern with the environmental sensitivity of the area.
The resident was concerned that the commercial aspect of the
application may have a negative impact on the floodplain.
In addition, any damages as a result of flooding may create
undue financial burden to taxpayers to remedy the damages
caused by the flood.
8. AGENCY COMMENTS:
8.1 For the purpose of this report, only those comments
applicable to the residential component of the applications
will be noted below.
8.2 In accordance with departmental procedures the application
was circulated to obtain comments from other departments and
agencies. The following department /agencies in providing
comments, offered no objection to the application as filed:
Separate School Board
Public School Board
Ministry of Agricultural and Food
REPORT NO.: PD- 130 -91 PAGE 6
Ministry of Transportation
Newcastle Hydro Electric Commission
Regional Health Services
8.3 The Town of Newcastle Fire Department have responded with no
objection to the residential component, provided that there
is adequate water for firefighting as required in the
Ontario Building and Fire Codes.
8.4 The Town of Newcastle Community Services Department has
requested that the lands lying within the revised floodplain
limits, the small island south of the mill site and the
valleylands north of the C.P. Railway Trestle be dedicated
to the Town gratuitously, approximately 4.75 ha (11.7
acres). Adequate public access be provided to the
valleylands from Scugog Street. Community Services has also
requested parkland dedication requirements be accepted as
cash -in -lieu on the basis of 1 ha per 300 dwelling units.
The applicant must also be responsible for all creek
improvements and landscaping within the valleyland areas.
8.5 The Town of Newcastle Public Works Department had many
concerns with the traffic circulation of the proposals and
had requested the applicant to submit a traffic study. This
has been submitted and Public Works Department are satisfied
with the proposed access for the residential component.
The applicant will be required to construct a sidewalk on
the north side of King Street, along the property's
frontage. Public Works had also requested a Stormwater
Management Study plus numerous conditions for site
improvements. These conditions can be best addressed
through the site plan approval process.
REPORT NO.: PD- 130 -91 PAGE 7
8.6 The Regional Works Department notes that the water supply is
available on Scugog Street, however, the servicing of the
proposed residential portion requires the extension of
watermains other than from Scugog Street.
The Sanitary Sewers are not available to the site. Sanitary
sewer is available on Scugog Street, but if the system is to
be considered, the developer would require to construct and
maintain a private sewage pumping station and forcemain for
subject property. The only other method of servicing this
site by gravity would be to extend a sewer from Spry Avenue
trunk sewer on the south side of Highway No. 2 northerly to
the site limits. Regional Works had requested the applicant
to inform the Department on the preferred option. The
applicant has chosen to provide sanitary sewer via a private
pumping station on the site, and water will be available
from Scugog Street.
8.7 The Central Lake Ontario Conservation Authority offers no
objection to the development concept for the site and have
conditionally approved the associated flood reduction plans
presented to the Authority by the applicants consultant.
The Authority offers no objection to the Official Plan
Amendment, however, will not support the rezoning of the
existing floodplain unless it is subject to the 'H' Holding
Symbol with the provision that the 'H' will be removed only
after reduction /flood protection works, as approved by the
Authority, have been carried out. The Authority also notes
that the approval only pertains to the request to lessen the
flood hazard on the site. Prior to the site development,
additional approvals (permits) will be required.
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REPORT NO.: PD- 130 -91 PAGE 8
8.8 The Ministry of Natural Resources has offered no objections
to the redesignation of those lands outside of the new
proposed floodplain, however, the lands within the newly
proposed floodplain should remain zoned "Environmental
Protection ". Although the Environment Protection Zone does
not meet the Ministry's required 30 metre vegetated buffer,
the Ministry is suggesting that the creek area remain in its
natural state, for example no manicured lawns. It would be
beneficial for additional vegetation to be planted within
this buffer zone, to aid in the protection of fisheries in
the Bowmanville Creek by providing shade which will regulate
water temperature. In addition, the additional plantings
would protect the watercourse from sedimentation and
excessive natural leaching of nutrients. The Ministry
requires site be rezoned with a Holding symbol, to be
removed at such time as the Conservation Authority has
approved the reduction /flood protection works, a stormwater
management plan and erosion and sediment control report be
approved by CLOCA and the Ministry of Natural Resources.
8.9 The Ministry of Environment in their assessment of a
Preliminary Noise Impact Study have noted that the noise can
be attenuated on site to within acceptable limits. However,
prior final approval of the development a detailed noise
study should be prepared, submitted and approved by the
Ministry of Environment. The recommendations of the noise
study should be implemented through a development agreement.
8.10 Canadian Pacific Railway has noted its opposition to the
proposal. Residential development adjacent to the right -
of -way is not compatible with Railway operations. However,
the Railway has offered a number of conditions to be imposed
on the development should it be approved, including:
i ?J
REPORT NO.: PD- 130 -91 PAGE 9
A berm or combination noise attention fence and berm to
extend 5.5 metres above the top of the rail.
The dwelling units must be set back greater than 30
metres from the C.P. Rail right -of -way.
A 1.83 metre chainlink fence be installed an maintained
along the property.
There are numerous clauses to be inserted in all offers of
purchase and sale /lease and registered on title the
potential effects from noise, vibration or any other impacts
caused by the use of the railway.
9. COMMENTS
9.1 The applicant is undertaking a major redevelopment of the
Vanstone Mill property. There are a number of physical
constraints that have been identified with site, however, in
order to accommodate the uses proposed, a number of
technical reports have attempted to resolve the issues.
9.2 Floodplain
The applicant has requested that the floodplain limits of
the Bowmanville Creek be re- defined. At the time of the
mapping of the floodplain a dam next to the Mill building
was in place creating a pond. In September 1986 the dam was
washed away during a heavy rain storm. The applicant
indicates that as a result the Bowmanville Creek flows
straight through at a much lower elevation, therefore, a
greater portion of the subject lands may be considered
tablelands rather than floodplain.
The applicant had retained the engineering services of
Cosburn Patterson Wardman to recalculate the floodplain
C; 6 0
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REPORT NO.: PD- 130 -91 PAGE 10
limit as shown on Attachment No. 2. The recalculated
floodplain limits would require the removal of the portion
of the dam abutment on the west side of the Creek. The work
involves removing approximately 3,600 cubic yards of
material from the vicinity of the washed out dam and
relocating it on the west side of the creek where the
apartments are proposed and on the east side of the creek,
near the Mill.
The project also involves the construction of gabion and
rip -rap protection at various locations along the creek.
This is intended to prevent erosion of the creek banks.
The Conservation Authority advises that this work would
reduce levels approximately 3 feet which will further remove
floodplain restrictions from the lands.
The Conservation Authority and Ministry of Natural Resources
are satisfied with the applicant's consultant findings and
have accepted the reduction in the floodplain, provided the
works are completed, to the satisfaction of both agencies.
9.3 Noise
A Preliminary Noise Impact Study prepared by G.M. Sernas and
Associates was submitted examining the Noise Traffic levels
of the C.P. Railway and Highway #2. Study recognizes that a
barrier fence /berm is impossible to achieve given that the
C.P. Railway Trestle is located 15 metres above the proposed
apartment location. The Report indicates that approximately
six freight trains travel along C.P. Rail in that vicinity
during the daytime and approximately six freight trains
during the nighttime. The average length the trains has
eighty cars and three locomotives. The ultimate average
rl
6 9
REPORT NO.: PD- 130 -91 PAGE 11
daily traffic along Highway No.2 would be 17,000
cars /trucks.
The report suggests a number of measure can be made to
mitigate noise generated from rail and vehicular traffic.
i) 2 metre high barrier located on the far south -east side
of the building if outdoor amenity area is to be
created and the appropriate clauses should appear in
the purchase and sale /lease agreements;
ii) consideration should be given to communal indoor
amenity area;
iii) due to high noise levels predicted at the building
facade, the use of unenclosed balconies as outdoor
living areas is not recommended.
Prior to final approval the Ministry of Environment requires
the submission of a more detailed study, to include method
of construction and types of building materials to be used
that would mitigate any noise or vibration.
9.4 Traffic
A Traffic Report written by Marshall Macklin Monoghan was
submitted at the request of the Town of Newcastle Public
Works Department, to examine traffic egress and ingress into
both the residential and commercial components. As
mentioned earlier there are still outstanding issues that
surround access into the Mill area. Public Works is
satisfied with the access into the residential component,
provided the GO TRANSIT kiosk is relocated so as not to
obstruct visual site lines when existing the subject site.
7 ,r
REPORT NO.: PD- 130 -91 PAGE 12
9.5 C.P. Rail
As noted in Section 9.3 of this Report C.P. Railway has
requested a number of conditions to be fulfilled, including
the construction of a berm or combination berm and noise
attenuation fence, minimum of 5.5 metres. The railway is
elevated on a trestle, 15 metres above the surface. A berm
or berm /noise attenuation fence is difficult to construct.
In addition, C.P. Rail requires the building be set back 30
metres from its right -of -way. The proposed apartment
building does not meet this condition. The building is
setback 8 metres from the C.P. Railway right -of -way.
The applicant claims to own land on which the railway is
situated, including under the trestle.
The ownership of the lands and the setback requirements must
be resolved in order to situate the building. In addition,
C.P. Railway must be satisfied with safety, vibration and
noise attenuation measures, given that an earthberm /noise
attention fence cannot be constructed.
9.6 The subject site is an isolated piece of property bounded by
C.P. Rail, Highway #2 and Bowmanville Creek. Staff have
examined the site in terms of various land use options.
i) Commercial, institutional and industrial uses are
considered inappropriate for this area given that the
land base is not sufficient enough in size to
adequately support a sizable structure and parking.
ii) Open Space uses would essentially leave the subject
land in its natural state. As noted earlier in
paragraph 8.4 of this report, approximately 4.75
hectares (11.73 acres) of valleyland will be required
J
REPORT NO.: PD- 130 -91 PAGE 13
to be dedicated to the Town gratuitously. This portion
of valleylands will form an integral part of valleyland
system of publically owned lands to the south (CLOCA)
and privately owned lands to the north subject to
development applications 671461 Ontario Ltd. (18T-
87005) and recently approved Bowmanville Co -op (Dev 89-
30), both of which will also be required to dedicate
the appropriate valleylands (Attachment No. 3). If the
application is approved, the applicant will be
responsible for the creek improvements and landscaping
of the valleylands. The acquisition and enhancement of
the valleylands would be a considerable cost if the
Town of Newcastle were to purchase the lands to achieve
a continuous open space system along Bowmanville Creek.
iii) Residential uses and associated parking can be
accommodated on the site. Traffic volumes associated
with this use are considerably lower than alternative
land uses. The technical reports have given reasonable
assurance that the site can be developed to accommodate
the proposed residential uses.
9.7 The subject property fronts on Highway 2 and is within the
proposed central area of Bowmanville. Due to its physical
separation from abutting lands it is difficult to
incorporate the site as part of an overall comprehensive
plan for the central area. On its own merits, land use
along Highway #2 should be encouraged to intensify to better
utilize existing and future public transit. Having examined
other possible uses on this 0.56 ha property, staff is
satisfied that the residential use and density is
appropriate. In addition, it provides the opportunity for
the Town to secure ownership of valleyland towards achieving
"f
2
REPORT NO.: PD- 130 -91 PAGE 14
a continuous open space system of Bowmanville Creek for
public use.
10. CONCLUSION
10.1 Staff have no objection to the approval of the Official Plan
Amendment for designating the 0.56 ha property for high
density residential use. However, Staff recommend that the
amending zoning by -law for a maximum of 39 apartment units
be forwarded to Council for approval at such time as the
Official Plan Amendment is approved by the Ministry of
Municipal Affairs. At that time Staff will recommend that
"H- Holding" symbol be applied to the amending by -law, only
to be removed when the Conservation Authority and Ministry
of Natural Resources are satisfied with the creek
improvements, at such time as all requirements of the Town
of Newcastle is met including the execution of a Site Plan
Agreement addressing all site development details and
addressing all requirements and conditions of various
government agencies.
Respectfully submitted, Recommended for presentation
to the Committee
() & JrL "_-A,
Franklin Wu, M.C.I.P.
Director of Planning
and Development
FW *df
*Attach
6 June 1991
Lawrenc
Chief A
Officer
. Kotseff
nistrative
REPORT NO.: PD- 130 -91 PAGE 15
Interested parties to be notified of Council and Committee's
decision:
Mr. Gerard Gervais
Vanstone Mill Inc.
Suite 501, 100 Allstate Parkway,
Markham, Ontario.
WR 6H3
Mr. Ray Brooks
R.R. #2
Oshawa, Ontario.
L1H 7K6
Mr. and Mrs. Paul Edwards
28 Carruthers Drive
Bowmanville, Ontario.
L1C 3S2
Ms. Evylin Stroud
89 Little Avenue
Bowmanville, Ontario.
L1C 1J9
Mr. Tim Coffey
Tim;s Rent -All Ltd.
102 King Street West
Bowmanville, Ontario.
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ATTACHMENT +-1
KILOMETRES 1
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SUBJECT
PROPERTY
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1 � ATTACHMENT NO. 3.
000.000• EXISTING REGIONAL FLOODLINE
PROPOSED REGIONAL FLOODLINE
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PROPERTY OWNERSHIP
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VANSTONE MILLS
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1 � ATTACHMENT NO. 3.
000.000• EXISTING REGIONAL FLOODLINE
PROPOSED REGIONAL FLOODLINE
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PROPERTY OWNERSHIP
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VANSTONE MILLS
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BOWMANVILLE CO —OP
671461 ONTARIO LTD.
UPFOCN AVE.
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PROPOSED AMENDMENT TO THE
TOWN OF NEWCASTLE OFFICIAL PLAN
BOWMANVILLE MAJOR URBAN AREA
PURPOSE: The purpose of this amendment is to designate
additional lands for inclusion within the boundaries
of the Bowmanville Urban Area, Neighbourhood 3A.
To permit the development of a thirty -nine (39)
residential apartment building.
LOCATION: The lands subject of the amendment are north of
Highway No. 2, immediate west of Bowmanville Creek
and south of the Canadian Pacific Railway, being Lot
13, Concession 1, former Town of Bowmanville.
BASIS: The amendment is based on the assessment of
technical reports supporting the development of the
four storey, 39 unit residential apartment.
ACTUAL The Town of Newcastle Official Plan ( Bowmanville
AMENDMENT: Major Urban Area) is hereby amended as follows:
1) Schedule 7 -1 is amended by expanding the
boundary of the Bowmanville Major Urban Area
to include the subject site identified in
Schedule 'A' attached hereto.
2) High density symbol is added.
3) Population allocation for Neighbourhood 3A is
adjusted from 4000 to 4100.
IMPLEMENTATION: The provisions set forth in the Town of Newcastle
Official Plan ( Bowmanville Major Urban Area) with
respect to implementation, shall apply to this
amendment.
INTERPRETATION: The provisions set forth in the Town of Newcastle,
as amended, regarding the implementation of the Plan
shall apply in regard to this Amendment.
1 T0
SCHEDULE "A"
AMENDMENT. TO
BOWMANVILLE LAND USE STRUCTURE PLAN , SCHEDULE 7 -1
IADD "HIGH DENSITY
RESIDENTIAL "DESIGNATION.
REALIGNMENT
OF BOUNDARY
RAN
;.,
oaulation
,s.
N :z T2,
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1 ADJUST POPULATION I
FROM 4000 TO 4100
2A'
)pulation
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B
•�i�� population
1500..H.
Sri::....
population
3000