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HomeMy WebLinkAboutPD-165-91 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: CARNOVALE.GPA REPORT Dog. o PR . Meeting: General Purpose and Administration Committee File# Date: Monday, July 22, 1991 Res. # By-Law# Report#:__2D_-16L5_-_9_1 File#: DEV 90-047 (X/REF: OPA 90-045/N) Subject: REZONING AND OFFICIAL PLAN AMENDMENT APPLICATIONS APPLICANT: CARNOVALE CONSTRUCTION PART LOT 17, CONCESSION 1, FORMER TWP. OF DARLINGTON FILES: DEV 90-047 (X/REF: OPA 90-045/N) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-165-91 be received; 2 . THAT the Region of Durham be advised that the Town of Newcastle recommends APPROVAL of the Official Plan Amendment application to permit the introduction of a High Density Symbol on the subject property in accordance with Attachment No. 1; 3 . THAT the Zoning Amendment Application be APPROVED and the necessary by-law passed at such time as the related Official Plan Amendment has been adopted by Regional Council and a Site Plan Agreement has been executed; and 4 . THAT the Region of Durham and those parties listed in this Report be advised of Committee and Council 's decision. 1. APPLICATION DETAILS 1. 1 Applicant: Carnovale Construction Ltd. 1. 2 Agent: The Greer Galloway Group Inc . 1. 3 Official Plan Amendment: To introduce a High Density (H) symbol on the subject property to permit the development of a 48 unit apartment building. 1 .4 Rezoning: From "Agricultural (A) " to an appropriate zone to implement the above-noted development. 1.5 Area: . 65 hectares ( 1. 6 acres) 2 REPORT NO. : PD-165-91 PAGE 2 2. BACKGROUND 2 . 1 On May 1, 1990, the Town of Newcastle Planning and Development Department received an application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63 in order to permit the development of a 48 unit apartment building. 2 .2 On May 9, 1990, the Region of Durham advised the Town of Newcastle that the applicant had also applied to amend the Town of Newcastle Official Plan in order to permit the aforementioned development. 2 . 3 The subject property is a rectangular shaped parcel approximately . 65 hectares ( 1. 6 acres) in size and is located at the southwest corner of the intersection of Green Road and Highway No. 2 but is more formally described as Part Lot 17, Concession 1, in the former Township of Darlington. 3. PUBLIC NOTICE: 3 . 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. 3 .2 As a result of the public notification process, two (2) area residents spoke in opposition to the application at the Public Meeting held on June 18, 1990 . One ( 1) of the area residents expressed concerns over placing high density developments on lands currently zoned "Agricultural (A) " and the other area resident provided a petition signed by seven (7) area residents which stated concerns over the proposed density and the potential conflict between municipal and private services . 4. OFFICIAL PLAN CONFORMITY: 4 . 1 The subject property is designed as a Residential Area within the existing Durham Regional Official Plan and as a Living Area within . . .3 REPORT NO. : PD-165-91 PAGE 3 the recommended plan. As residential uses are intended to be the predominant use of lands so designated it would appear that the proposal conforms with the intent of both the existing Regional Official Plan and the recommended plan. 4 .2 Within the Town of Newcastle Official Plan (Bowmanville Major Urban Area) , the subject property is designated "Low Density Residential" . Residential dwellings are intended to be the predominant use of lands so designated. 4 . 3 However, the Town of Newcastle Official Plan establishes-within the Bowmanville Major Urban Area a maximum of 30 units per net residential hectare for Low Density Residential development, 30- 55 units per net residential hectare for Medium Density Residential development and a maximum of 80 units per net residential hectare for High Density Residential development. The subject property is designated in the Official Plan to develop at a maximum of 30 units per net residential hectare. The applicant, however, is proposing to develop the subject property at a density of 73. 85 units per net residential hectare, which would require the introduction of a High Density (H) symbol on the subject property in order to implement the proposed development. 5. ZONING BY-LAW COMPLIANCE: 5 . 1 Within the Town of Newcastle Comprehensive Zoning By-law 84-63, the subject property is zoned "Agricultural (A) " . As residential uses of the size and magnitude proposed in the application are not permitted within the current zone category, the applicant has applied to appropriately amend the Zoning By-law. 6. AGENCY COMMENTS: 6 . 1 The Town of Newcastle undertook a joint circulation of the Official Plan Amendment application and the Zoning By-law Amendment application. The following provides a summary of comments received to date relating to the proposal . . . .4 , A9 REPORT NO. : PD-165-91 PAGE 4 6 .2 The Public School Board has advised that the subject application was reviewed by the members of the Board and that some concerns were raised given that the application would generate approximately 15 students at the Courtice South Public School. This school is presently over capacity and has portables on site. However, a formal objection to the application was not provided by the Public School Board. 6 . 3 The Ministry of Natural Resources has reviewed the proposal and notes that the subject property is located in the Westside Creek Watershed which provides a sensitive warm water habitat and spawning area for Lake Ontario fish species . However, the Ministry of Natural Resources has no objection to the proposal but requests that any stormwater management plans which are prepared for the site be forwarded to the Ministry for review. 6 .4 The Ministry of Transportation has advised that they have no objection to the proposal but note that all access to the lands must be restricted to Green Road and that all buildings must be setback a minimum distance of 14 metres (45 feet) from the property line and the daylighting triangle. 6 .5 The Ministry of the Environment has advised that they have identified a noise concern due to the site's proximity to Highway No. 2 . Therefore, although the Ministry has no objection to the application, they recommend that the developer retain an acoustical consultant to ensure an acoustically designed building can implement noise control requirements and meet provincial noise level guidelines . 6 . 6 The Public Works Department has advised that they have no objection to the application but note for the Committee's information that the applicant will be required to reconstruct Green Road to urban standards from the southerly limit of the development northerly to REPORT NO. : PD-165-91 PAGE 5 Highway No. 2 . In addition, the applicant will be required to enter into a cost sharing agreement with the Town for the construction of sidewalks and street lighting on Highway No. 2 from the westerly limit of the development easterly to Roenigk Drive. However, the Public Works Department has advised that these conditions will be imposed through the Site Plan approval process. 6 . 7 The balance of the circulated agencies who have provided responses were the Regional Planning Department, the Regional Works Department, the Separate School Board, the Central Lake Ontario Conservation Authority, the Town of Newcastle Community Services Department and the Town of Newcastle Fire Department. None of the aforementioned agencies provided objectionable comments . 7. STAFF CMMNTS: 7 . 1 The applicant is proposing the introduction of a High Density (H) symbol on the subject property which would allow for the development of a 48 unit apartment building with a density of 73.85 units per net residential hectare. 7 .2 Section 7 .2 . 1.2(iv) (d) of the Town of Newcastle Official Plan has established policies for Medium and High Density Residential development and state proposals for higher density development shall be located: " (a) in proximity to facilities and services including shopping, schools, parks and transportation; (b) on sites whose amenities or other physical attributes are suitable for medium and high density uses; and (c) where there is minimum adverse physical and/or aesthetic . effects on adjacent uses and surrounding areas. Furthermore, Section 7 .2 . 1 .2(iv) (c) of the Town of Newcastle Official Plan has established policies for High Density Residential development which state that High Density development "shall be encouraged to locate on sites where there is a transition of Medium Density uses between High Density uses and Low Density uses . . . .6 REPORT NO. : PD-165-91 PAGE 6 7 . 3 The Planning and Development Department is satisfied after reviewing the application in relation to the surrounding area that the proposal would satisfy the criteria established by Section 7 .2 . 1 .2 (iv) (d) . However, it would appear that the application is in conflict with Section 7 .2 . 1.2 (iv) (c) of the Town of Newcastle Official Plan in that the proposed High Density use directly abuts low density residential uses . 7 .4 Nevertheless, the Planning and Development have reviewed the application within the context of comprehensively developing the surrounding area. Staff have ' determined that the abutting properties, once amalgamated, would be appropriate sites for Medium Density uses, thus providing the appropriate transition of High Density use to Medium Density use to Low Density use. (see Attachment No. 2 ) 7 .5 Furthermore, the applicant of the current proposal, Carnovale Construction Ltd. , owns a parcel of land to the south of the subject property and has expressed an interest in developing Medium Density uses on this site. B. CONCLUSION: 8 . 1 In view of the foregoing, the Town of Newcastle Planning and Development Department respectfully recommends that the Official Plan Amendment application submitted by The Greer Galloway Group Inc . , on behalf of Carnovale Construction Ltd. , be approved to permit the introduction of a High Density (H) symbol on the subject lands . 8 .2 Furthermore, the Planning and Development Department recommends that the zoning amendment application be approved to permit the development of a maximum of 48 apartment units and that the necessary by-law be forwarded to Council at such time as the related Official Plan Amendment has been adopted by Regional Council and a Site Plan Agreement has been executed. . . . 7 REPORT NO. : PD-165-91 PAGE 7 8. 3 In addition, Staff have attached a copy of the proposed site plan as Attachment No. 3 but note that Site Plan Approval has not been issued at this time and that the proposed site plan is attached for information purposes only. 8. 4 Finally, for the Committee's and the applicant's information, Staff advise that prior to Site Plan Approval, the applicant will have to provide Staff with a report prepared by a professional acoustical engineer certifying that the proposed construction techniques will achieve an acoustically designed building which meets provincial noise level guidelines and implements noise control measures . Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. Lawrence E. tseff Director of Planning Chief Admi i rative and Development Officer WM*FW*jip *Attach 11 July 1991 INTERESTED PARTIES TO BE NOTIFIED OF COUNCIL AND COMMITTEE'S DECISION: Carnovale Construction Ltd. J. Jeans 21 Gladstone Avenue R.R. #6 Suite 305 Bowmanville, Ontario Oshawa, Ontario L1C 3K7 L1J 4E3 Bruce Curl R.R. #6 Glenn Genge Bowmanville, Ontario The Greer Galloway Group Inc . L1C 3K7 650 King Street East Suite 217 E. Stroud Oshawa, Ontario 89 Little Avenue L1H 1G5 Bowmanville, Ontario L1C 1J9 17 � 71 PROPOSED AMENDMENT TO THE TOWN OF NEWCASTLE OFFICIAL PLAN BOWMANVILLE MAJOR URBAN AREA PURPOSE: The purpose of the amendment is to introduce a High Density (H) symbol within Neighbourhood 3C. BASIS: The basis of this Amendment is an application to permit increased densities on a property located in Part Lot 17, Concession 1, in the former Township of Darlington. ACTUAL AMENDMENT: The Town of Newcastle Official Plan is hereby amended as follows : i) introduce a High Density (H) symbol in Neighbourhood 3C of Schedule 7-1 as shown on Schedule "A" to this Amendment. IMPLEMENTATION: The provisions set forth in the Town of Newcastle Official Plan (Bowmanville Major Urban Area) with respect to implementations, shall apply to this Amendment. INTERPRETATION: The provisions set forth in the Town of Newcastle Official Plan (Bowmanville Major Urban Area) , as amended, regarding the interpretation of the Plan shall apply with regard to this Amendment. SCHEDULE "A" AMENDMENT. TO BOWMANVILLE LAND USE STRUCTURE PLAN , SCHEDULE 7-1 (AS AMENDED BY AMENDMENT No. 40, TO, THE TOWN OF NEWCASTLE OFFICIAL PLAN) ADD "HIGH DENSITY RESIDENTIAL AREA" X■11AMAW ' I X HWY. N 0 M 3A population X.::,':': :r�;:::::: 0:: �. 400 0 � 3C � Population :;:;���.,•;••:•• M 2000.*:.-'. J ,z N f •:s i 2' r#... •., :•a 'a J. 1 r. r� 4 r< population .t r : •t r ,t. t f : t. r:• Nf. y •3 B, rt SCHEDULE "A" >Iti AMENDMENT. TO BOWMANVILLE LAND USE STRUCTURE PLAN , SCHEDULE 1-1 aLo 1 ADD "HIGH DENSITY�� O 0 RESIDENTIAL AREA" ®/ x alt Hwy N� ,! !,. J.. Ni. i •L J� 1/ J ,I N M ,J 1� J , 1 7; .• 3 C u o i i P P a t on �3 A� population 0 l J•'•'..' O' ':•r. 0 0 1: M '.1 •M• �'�: •�{;fir'•';:•:•. N .h \ N ti•r. .f •:•i : / s• r •r .r< r! r • t l;t;:J�r:•X ]G .4• SAN tr t• �M• 'r• ''y�f� r'� Y• f t, r : :r. r 1 • IV ti it •�, r r 1.1 H ' / S ! 'f 3Bir. �. 0 uiatl0n •:per;.��:;,:rwa.:F.�,xF::«!•,• ..r,. LET 1.7 ATTACHMENT No 2 �_�l:'. .tip?;•:Y.:::,'}':?: Q F 0 U U Q ;M SUeJ gZEOT PROPERTY-PROPpS POTENTtA ED Htc MEDIUM D N _,ENSITY DR ENSITY EZP AFT APPROVED LOW DEN ROPpSED SITy SUED LOW DENSITY SUgDIVISI 1vJS10N I8T_88047 ON 18-r_90032 556 u� ATTACHMENT #3 c, b. °� G1 KEY PLAN ��- � --- NG'S ffiG�HAY N0. THE KI r CARNOVALE CONST. h LTD. fl Prororm��.,�or.c �y tw a LQ7 41,ca�, Port],"10!-I A� rw'.rug,o[-uu TORN OF NERCLSnE (BORNANV=) 1 tAl\ SCALE © a \ \ SITE STATISTICS i\ «rttro+m i' 5 \ Tak :ea 1[0= ah* Mclowcy CARNOYAIE .,— CONSTRUCTION LTD. SITE PLAN ® SUBJECT SITE LOT 17 LOT 16 LOT 15 EP 1 N Z A o U I E NJG IV 2 1 RC (H)C1 0 Z A °a 0 A o of o 1 I U) o: a l W z ! U w z w I " O � � U 'o 50 *0 zoo 'A;00'.KEY MAP � � v90�47 e . O.P.A.