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HomeMy WebLinkAboutPD-136-91 V THE CORPORATION OF THE"TOWN OF NEWCASTLE DN: NANTUCKE.GPA REPORT General Purpose and Administration Committee /� . Meeting: File# t"�i��s` Jam� �b•C"=�,.'� Monday, June 17 , 1991 Res # Date: PD-136-91 DEV 90-025 By-Law# Report#: Fife ##: Subject: APPLICATION FOR REZONING, SITE PLAN AND CONDOMINIUM APPROVAL PART LOT 29, CONCESSION 2 FORMER TOWNSHIP OF DARLINGTON D. G. BIDDLE ON BEHALF OF HALCORP HOLDINGS LTD. FILE: DEV 90-025 X-REF: 18CDM-90004 Recommend?Vomis respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-136-90 be received; 2 . THAT the Condominium application 18CDM90004, submitted by D.G. Biddle on behalf of Halcorp Holdings Ltd. to permit a 152 unit condominium complex be recommended for APPROVAL to the Region of Durham subject to a site plan agreement to be executed between the Owner and the Town; and 3 . THAT rezoning application Dev 90-025 submitted by D.G. Biddle on behalf of Halcorp Holdings Ltd. to permit a 152 unit condominium complex be APPROVED subject to "H" - Holding provisions; 4 . THAT the amending by-law attached hereto be forwarded to Council for approval; 5. THAT an amending by-law removing the "Holding" Symbol be approved at such time as the applicant has entered into a site plan agreement with the Town; 6 . THAT a copy of this report and the amending by-law be forwarded to the Region of Durham Planning Department; and 7 . THAT the interested parties listed in Report PD-136-91 and any delegation be advised of Council's decision. 1 APPLICATION DETAILS: 1. 1 Applicant: D.G. Biddle 1. 2 Owner: Halcorp Holdings Ltd. /Nantucket Condominiums 1. 3 Condominiums : 38 - 1 bedroom units and 114 - 2 bedroom units totalling 152 units . A .2 1. 6 "1APE`R° ­E�r'L1E n lis Is PRRI ON RECYCLED PAPER REPORT NO. PD-136-91 PAGE 2 1 .4 Rezoning: From " (Holding) Urban Residential Type Four ( (H) R4) " zone to "Environmental Protection (EP) " and "Holding-Urban Residential Exception ( (H) R4-11) " as well as to permit a reduced building setback from an "Environmental Protection (EP) " 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, northwest corner of Highway No. 2 and Courtice Road (Regional Road No. 34) . 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 clubhouse. On April 2, 1990, the Region of Durham 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, the Committee of Adjustment dealt with the Minor Variance Application and deemed the application as not being minor in nature. Therefore, in order to bring the proposal into I compliance with the Zoning By-Law, a rezoning application (Dev 90- 025) was submitted. i 3 . 3 In order to meet the requirements of the Planning Act, a Public meeting was held on September 17, 1990 . � . . . . 3 I REPORT NO. PD-136-91 PAGE 3 4 EXISTING AND SURROUNDING USES 4 . 1 Existing Uses: Vacant Open space 4 . 2 Surrounding Uses: East: Town Approved Plan of Subdivision 18T-86073 (east side of Courtice Road) West: Vacant Open Space South: Black Creek and Roy Nichols Motor Sales on the south side of Highway # 2 and Courtice Road North: One Single Family Dwelling and Town Lands 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 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. . . . .4 REPORT NO. PD-136-91 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 At the Public Meeting, a citizen requested confirmation as to whether it was mandatory for the applicant to satisfy the conditions of the Central Lake Ontario Conservation Authority. The agent representing the owner stated that all requirements of the Conservation Authority will be adhered to. 7 . 3 As of the writing of this report, a written submission has been received from a neighbouring property owner. Concerns noted in this submission include: the height and proximity of the proposed structures and the impact of shadows; the amount of traffic generated by the development; preserving the existing foliage on the subject lands; possible impact on the quality and quantity of drinking water; and environmental considerations with regard to flood levels . In addition, frequent conversations have been had with the neighbouring property owners during which the same concerns were noted. 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 objections to the application provided that their concerns are adequately dealt with. . . . .5 REPORT NO. PD-136-91 PAGE 5 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. 8 . 3 The applicant has been requested to satisfy the Town of Newcastle Public Works Department financially and otherwise, and provide monetary contributions for sidewalks and the illumination of Regional Road No. 34 . Secondly, the Works Department has stated that prior to Town approval of storm water drainage, appropriate approvals must be received from the Central Lake Ontario Conservation Authority. 8 .4 In order to satisfy the Town of Newcastle Community Services Department, a satisfactory landscape plan must be submitted, contribution towards the cash-in-lieu of parkland dedication must be made on the basis of 1 hectare per 300 dwelling units, and that all lands located south of the required setback of 7 .5 metres from the structures, excluding the storm water detention pond facilities, be dedicated to the Town gratuitously as open space/valley lands . 8 .5 The Region of Durham Planning Department has no objection to this application provided that the boundary between the Residential and Major Open Space/Hazard land designations is clearly defined on the attached Schedule to the implementing Zoning By-law. The Regional Works Department requested the applicant to provide a road widening of 5 . 3 metres in addition to the servicing agreement being approved prior to passage of the implementing Zoning By-law. The 5 . 3 metre road widening has been shown on the site plans, and the Works Department have reviewed a servicing agreement and are satisfied. 8 .6 The Central Lake Ontario Conservation Authority has no objection to this proposal provided that the limits of the "Environmental r, n . . . .6 REPORT NO. PD-136-91 PAGE 6 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. It is noted that the hydraulic changes in the tributary will impact a minimal portion of the Town of Newcastle Lands in this area. The Community Services Department is aware of this issue and the Conservation Authority is satisfied that the Town is not opposed to these changes. 8 . 7 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. 8 . 8 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 Highway No. 2 / Courtice Road intersection obtain permits from the Ministry of Transportation. 8 . 9 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. As Committee is no doubt aware, the responsibility for providing education facilities rests with the respective School Board and the Ministry of Education. 9 STAFF COMMENTS 9 . 1 Staff have investigated the Citizen's concerns and note that in regard to the location of the entranceway, the Regional Works Department has stated that access must be provided to the subject lands and due to the configuration of the frontage along Courtice Road, the entrance as proposed is the best location. . . . .7 REPORT NO. PD-136-91 PAGE 7 The proposed height of the building and setbacks provided are in accordance with the applicable provisions of By-law 84-63 . In regards to the effect of shadowing, the owner has provided "Shadow Drawings" depicting the extent of the impacts shadows would have on the neighbours property (Attachment #3) . From these drawings, it is apparent that during the winter solstice, December 21, at 3:00 P.M. at a building height of 7 . 6 metres (25 feet) , the neighbours shed and a small portion of their home will be in shadow. According to the zoning of the subject lands, buildings of scale similar to that of an apartment building could be erected on site. Notwithstanding this, the applicant has proposed a development possessing a lesser height and density than that which is presently permitted on the lands . The neighbour suggested that perhaps the club house could be situated closer to their property line rather than a three (3) storey condominium complex. Staff is of the opinion that the clubhouse is likely to generate more noise and traffic than a residential unit and therefore it's current location is appropriate. The applicant has submitted an acceptable landscaping plan including additional screening and privacy fence along their northern boundary at the neighbour's request and the applicant also agreed to retain those trees deemed valuable including those maple trees which the neighbour identified. With respect to the concerns regarding potential well interference, Staff would note that the site plan agreement will contain provisions which state that if the water quality or quantity is altered as a result of this development, the developer will be held responsible for providing water to affected citizen/s . In addition, the Region has a policy dealing with well interference resulting from development. 9 .2 Staff note that by way of the attached by-law, if approved, an increase in the "Environmental Protection (EP) " lands will occur. As these lands are within the limits of the flood plain and can . . . .8 4_, REPORT NO. PD-136-91 PAGE 8 not be developed, hence they are to be dedicated to the Town of Newcastle, free and clear of all encumbrances . An exception to this is the sediment control pond situated in the western portion of the subject site. This pond is a requirement of the Ministry of Natural Resources and is to remain on those lands owned by the condominium authority. The exact delineation of the lands to be dedicated to the Town will be determined prior to site plan approval. 9 . 3 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 (EP) " 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. 9 .4 Staff note that a property appraisal has not yet been submitted. An appraisal is required to allow Staff to determine what the cash- in-lieu of parkland dedication shall be. A Site Plan Agreement can not be completed until this information has been received. Further, all applicable municipal levies and the cash-in-lieu of parkland dedication and other Town's requirements will be incorporated within the site plan agreement and collected accordingly. 10 CONCLUSION 10 . 1 The applicant and owner have satisfied the Ministry of Natural Resources, the Conservation Authority, and have done their best to relieve the neighbours concerns . Based on the above comments, Staff recommend that this condominium application and by-law be approved. A by-law to remove the "Holding" symbol will be forwarded to Council upon the owner's execution of the Site Plan Agreement. r_ � Z . . . .9 J I J REPORT NO. PD-136-91 PAGE 9 Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. Lawrence Kotseff DIrector of Planning Chief A i strative and Development Officer HM*FW*cc Attachment #1 - Location Sketch Attachment #2 - Site Plan Attachment #3 - Shadow Drawing Attachment #4 - Amending By-law 6 June 1991 Interested parties to be notified of Council and Committee's decision: Halcorp Holdings Ltd. D.G. Biddle and Associates 1748 Baseline Road 96 King St. E. Group 10, Box 7 Oshawa, Ontario R.R. #2 L1H 1B0 Bowmanville, Ontario L1C 3K3 Mr. & Mrs . Tuerk Richard H. Gay Holdings Ltd. Group Box 18 P.O. Box 2065 Box 22 97 Athol Street E. 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Yi.; ..�:;,S ,f`,.. ;;��l�q ..gym--t't[ L. !.7-.;ry+AS>'7�* `•.,�'`y L• '�},�'�'rr i-f:.�' tty�i r`4..?jEJ>• rid ce i tS.S v .. yr�4} 4j :'itY ,�3-Ai�•`:ti + k :if�;i: 7''w 22?' .�,;' t•,.t�i�f�' Jr.`'-''' �Ij 'tlti+,i y5i•,r' a.. i DNt HR4—EP THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 91- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend By- law 84-63, as amended, of the Corporation of the Town of Newcastle to implement the rezoning application DEV 90-026 and to permit a reduction from the required building setback from an "Environmental Protection (EP)" zone. NOW THEREFORE BE IT RESOLVED THE the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Section 16.1"Urban Residential Type Four (R4)"zone is hereby amended by adding thereto,the following new Special Exception 15.4.11 as follows: "15.4.11 Urban Residential Exception (R4-11) zone Notwithstanding Section 15.2, and 3.19a, the lands zoned"114-11" on the Schedules to this by- law shall be subject to the following zone regulations: a. Density (maximum) 58 units per net ha b. Interior side yard 7.5 metres where the interior side yard abutts an Environmental Protection(EP) zone nil C. Parking spaces (minimum) 187 d. Rear yard 7.6 metres where the interior side yard abutts an Environmental Protection(EP) zone nil 2. Schedule "6" to By-law 84-63 as amended, is hereby further amended as per Schedule "A" attached hereto by changing the zone designation from: "Holding - Urban Residential 'lope Fow• ((H)R4)" to "Holding - Urban Residential Exception ((Ii)R4-11)" and "Holding Urban Residential Type Four ((H)R4)" to"Environmental Protection(EP)". 3. Schedule "A" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 1991. BY-LAW read a second time this day of 1991. BY-LAW read a third time and finally passed this day of 1991. MAYOR CLERK JJG�J This is Schedule to By-law passed - VAN/ .. , ,//'r.%/ �.• r ,•� ,�,i ///,., f1i / gp �/,i :/ /�/� '. /MEN * / /%!/.ff��i- ��`•' f%'�•,�//iii /'/�i//!'� - i�/✓ rte . f': . �,...; REP 'RIM, i w LOT 30 LOT 29 LOT ^ta:rua:��• 7 .yaic.'u�siraa L ) r. -.•. RI RI R4 I, ! _ • • 0 50 100 ., �\ • viii, ::-__' f:�►