HomeMy WebLinkAboutPD-160-91 THE CORPORATION OF THE TOWN OF NEWCASTLE
DN: DEV91025.GPA
REPORT
P U B L I C M E E T I N G
Meeting:General Purpose and Administration Committee File #
Date: Monday, July 22, 1991 Res. #
Report#:PD_1_60_-9.0_ File#: __DE_V__9_1-025 (X-REF 18T-89115) By-Law#
Subject: REZONING APPLICATION - 290572 ONTARIO LIMITED
PART LOT 35, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON
FILE: DEV 91-025 (X-REF 18T-89115)
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-160-91 be received;
2 . THAT the application submitted by D. G. Biddle and Associates on
behalf of 290572 Ontario Limited for amendment to the Town's
Comprehensive Zoning By-law 84-63, as amended, be referred back to
Staff for further processing; and
3 . THAT the interested parties listed in this report and any
delegation be advised of Council's decision.
1. APPLICATION DETAILS
1. 1 Applicant: 290572 Ontario Ltd.
1 .2 Agent: D. G. Biddle and Associates Ltd.
1. 3 Rezoning: from "Agricultural (A) " to an appropriate zone to
permit the development of a residential plan of
subdivision.
1 .4 Subdivision Application: to permit the development of 39 single
family dwelling units .
1.5 Land Area: 4 . 945 Ha ( 12 .21 Acre)
2. LOCATION
2 . 1 The subject property is located in Part Lot 35, Concession 3,
former Township of Darlington. The lands subject to
1-11EC 501 • • . .
-E. RECYCLE
1111ER
REPORT NO. PD-160-91 PAGE 2
development consist of an irregular shaped parcel which is
traversed on the south east boundary of the property by the Harmony
Creek. The lands are generally located one lot depth south of
Lawson Road, and one lot depth east of Townline Road. Access to
the site is limited to a width of 20 . 0 metres having frontage on
Townline Road.
3. BACKGROUND
3. 1 The subject rezoning application was received by the Planning and
Development Department on May 31, 1991. Staff have commenced
processing the application including providing notice of the Public
Meeting and circulating the proposal to various commenting
agencies . The rezoning application follows an application recently
dealt with by Committee and Council proposing a Draft Plan of
Subdivision for the subject lands . The 39 single family dwelling
unit subdivision application was considered and recommended for
approval, subject to conditions on June 18, 1991. One of the
conditions of approval included rezoning the lands from
"Agricultural (A) " to an appropriate residential zone.
3 .2 The rezoning application as submitted proposes to rezone the lands
to allow for the development of 39 single family dwelling units
each having a minimum 12 . 0 metre frontage. The proposal contains
an 'Open Space' block consisting of 1. 5 ha which includes the
Harmony Creek and associated valley lands . As well, the applicant
has proposed a 3 . 0 metre walkway to access the valley lands.
4 EXISTING AND SURROUNDING USES
4. 1 The existing site is predominantly covered with scrub vegetation
and a few mature trees on the table lands, while the lands
associated with the Harmony Creek valley have a significant number
of mature trees.
4. 2 Surrounding land uses are as follows :
South: existing strip residential fronting on Townline Road
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REPORT NO. PD-160-91 PAGE 3
north, the Harmony Creek and rear yards of existing
residential lots fronting on Varcoe Road;
East: existing limited residential accessing to Lawson Road,
limited residential fronting on Old Varcoe Road and
vacant land subject to development applications .
North: limited existing residential fronting on Lawson Road and
Townline Road as well as a place of worship on Townline
Road North;
West: existing residential fronting on Townline Road as well
as existing residential backing onto Townline Road on the
Oshawa side.
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, has been installed on the subject
lands . Iri addition the appropriate notice was mailed to each
landowner and tenant within the 120 metre prescribed distance. As
of the writing of this report, neighbouring residents from Lawson
Road have contacted Planning Staff to voice their concern/objection
to the proposal. The Lawson Road residents believe the design of
the subdivision leaves their properties land-locked and without
opportunity for development.
5 .2 The subdivision design has been undertaken in keeping with the
neighbourhood plan for the area as approved by Council in September
of 1990 . Area residents were advised of the possible road pattern
at that time and many were advised of Council 's decision. The
proposed road pattern allows for a future road connection between
the application and Lawson Road. This will require several of the
land owners to develop their property cooperatively in order to
maximize the land potential. Those land owners which have
contacted Planning Staff believe the applicant should construct a
road abutting his northern property line so they can have direct
access for future land severances . As was explained to these
REPORT NO. PD-160-91 PAGE 4
individuals, the optimum design on a land development does not
necessarily recognize or follow property lines and often blocks of
land from one proposal are residual and must develop with adjacent
lands .
6 OFFICIAL PLAN POLICIES
6 . 1 Within the Durham Regional Official Plan the subject property is
designated Residential and Major Open Space with Hazard Lands . The
residential designation permits a variety of housing type, style
and tenure. The goals of the major open space policies is to
preserve and protect the unique attributes of the Region's
landscape including the valleylands . The Hazard Land policies
shall be primarily for the preservation and conservation of the
natural land and/or environment and shall be managed to compliment
adjacent land uses and protect such uses from any physical hazards
or their effects . The policies further state that the extent and
exact location of such Hazard lands shall be determined in the
respective zoning by-laws in accordance with floodline and contour
mapping in consultation with the respective conservation authority.
6 .2 Within the Town of Newcastle Official Plan the subject property is
designated on Schedule 6-1 as Residential and Major Open Space with
Hazard Lands . Schedule 6-2 (Environmental Sensitivity) illustrates
the lands associated with the Harmony Creek as Major Open Space
System and Environmentally Sensitive Areas . The Residential
designation permits various forms of housing type style and tenure.
Neighbourhood "lA" within which the application is located permits
up to a maximum of 4300 people. The application would appear to
comply with this target.
The Major Open Space system recognizes those lands below the
topographic break in slope of the creek systems . The precise
boundaries of this system shall be delineated in the zoning by-
law. In addition Council shall encourage public acquisition of and
access to, for passive recreational purposes the valley lands of
the Creek systems . The Hazard Lands policies state these lands
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504
REPORT NO. PD-160-91 PAGE 5
shall be primarily for the preservation and conservation of
naturalland and/or environment and managed to compliment adjacent
land uses . The development or redevelopment of such lands shall
be subject to the regulations of Central Lake Ontario Conservation
Authority and the Ministry of Natural Resources and the relevant
sections of the Durham Regional Official Plan. The application
would appear to comply.
6 . 3 In September of 1990, Town Council approved an amendment to the
Courtice West Neighbourhood Development Plan. The amendment
expanded the boundaries of the neighbourhood to include the lands
west of Varcoe Road and north of Nash Road consistent with the
Official Plan boundaries . The amendment provided a potential road
pattern for the area. The proposal would appear to comply.
7 ZONING
7 . 1 Within the Town of Newcastle Comprehensive Zoning By-law the
subject lands are zoned "Agricultural (A) " and "Environmental
Protection (EP) " . The 'EP' zoning recognizes the lands associated
with the Harmony Creek system and would not permit development
thereon. The 'Agricultural' zoning would not permit the
development of a plan of subdivision as proposed. A zoning by-
law amendment is thus required.
8 AGENCY COMMENTS
8 . 1 The subject application was circulated to a number of commenting
agencies and departments within the Town by Planning Staff. To
date, comments remain outstanding from a number of the agencies
including the Central Lake Ontario Conservation Authority, the
Public School Board, the Separate School Board, Regional Planning
and Regional Public Works, the Ministry of Natural Resources and
Ontario Hydro.
8 .2 The Town of Newcastle Public Works Department have reviewed the
application and provided the following comments . Should the
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REPORT NO. PD-160-91 PAGE 6
at the east limit of street "A" and lots 29 , 30 and 31 not be built
upon until development proceeds to the north. In addition, all
the requirements contained in previous comments on the proposed
Plan of Subdivision remain applicable.
8 . 3 The Fire Department has advised the subject lands fall within the
recognized response area of Station # 4, Trulls Road. Approximate
response time to this site will be 5 - 7 minutes for full time
staff and 8 - 10 minutes for part-time staff. Ideal response to
an urban area is 3 - 4 minutes or less . Response time may increase
as traffic increases on Townline Road. Prior to issuance of
building permits, access routes and adequate water for fire
protection must be ensured.
9 STAFF COMMENTS
9 . 1 The application is proposing to create 39 single family dwelling
lots on lands bounded by Townline Road to the west, Lawson Road to
the north, old Varcoe Road to the east and a branch of the Harmony
Creek valley on the south. The lands are currently zoned
"Agricultural (A) " and "Environmental Protection (EP) " . The table
lands are subject to the rezoning application to permit the
proposed residential development.
9 .2 The subject proposal includes lands associated with the Harmony
Creek tributary. The applicant has proposed placing all the lands
below top-of-bank in a separate block to be dedicated to the Town
in compliance with the Town's conditions of Approval.
9 . 3 The applicant has proposed a road pattern in keeping with the
approved neighbourhood plan. The design would allow for the future
development of the rear yards of lots fronting on Lawson Road via
a future road connection to Lawson Road. The Townline Road/Lawson
Road intersection is to be closed at such time as a link to Lawson
Road can be constructed from either this proposal or the future
Adelaide Street extension to the north. Staff do not share the
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REPORT NO. PD-160-91 PAGE 7
concerns expressed to date by neighbouring residents that the
proposal will land-lock their properties . Although, they can not
apply for a rear yard land severance, these properties are able to
be consolidated and develop in a logical fashion through a plan of
subdivision to maximize the land potential .
10 CONCLUSION
10 . 1 The purpose of this report is to facilitate the Public meeting as
required by the Planning Act, to provide Committee and Council with
some background on the application submitted and for Staff to
indicate issues or area of concern regarding the subject
application. It is recommend the application be referred back to
Staff for further processing and subsequent report upon resolution
of the above issues and receipt of all outstanding comments and
required revisions .
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C.I .P. Lawrence Kotseff
Director of Planning Chief A i istrative
and Development Officer
CP*FW*cc
*Attach
11 July 1991
ATTACHMENTS:
Attachment No. 1 - Key Map
Attachment No. 2 - Proposed Subdivision Design
Interested parties to be notified of Council and Committee's decision:
290572 Ontario Ltd.
58 Rossland Road
OSHAWA, Ontario L1G 2V5
D.G. Biddle & Associates Limited
96 King Street East
OSHAWA, Ontario L1H 1B6
Attachment No. 1.
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