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HomeMy WebLinkAboutPD-193-91 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: DEV89112 .GPA REPORT Meeting: General Purpose and Administration Committee File Date: Monday, September 9 , 1991 Res• # Report#: PD-193-91 File ff: DEV 89-112 By-Law# Subject: REZONING AND SITE PLAN APPLICATION - NEWCASTLE TRAILER PARK (EUGENE VANDEWALKER) - PART LOT 25, CONCESSION 1, FORMER TOWNSHIP OF CLARKE - FILE: DEV 89-112 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-193-91 be received; 2 . THAT Rezoning Application DEV 89-112 submitted by E.E. Vandewalker, Newcastle Trailer Park to permit eighteen ( 18) mobile home/trailer units on a year round basis be APPROVED; 3 . THAT the amending by-law be forwarded to Council for approval at such time the Site Plan Agreement has been executed; and 4 . THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1 . APPLICATION DETAILS 1 . 1 Applicant: E.E. VanDeWalker (Newcastle Trailer Park) 1 .2 Rezoning: From: "Special Purpose Commercial Exception (C4- 8) " and "Environmental Protection (EP) II to an appropriate zone to permit a Trailer Park and Trailer Sales and Service establishment with eighteen ( 18) mobile homes for year round occupancy. 1 . 3 Area: 1 . 3 hectares (3.2 acres) 2 . LOCATION 2 . 1 The lands subject to rezoning are in Part Lot 25, Concession 1, former Township of Clarke, more specifically known as 623 King Street East, Newcastle Village. The 1. 3 ha site is on the south 2 REPORT NO. PD-193-91 PAGE 2 side of Highway No. 2, west of the Canadian Pacific Railway overpass, east of Arthur Street and north of the Graham Creek. 3. BACKGROUND 3 . 1 In September, 1989, Planning Staff prepared Report PD-208-89 for Committee and Council's consideration. The report recommended "DENIAL" of a rezoning application proposing to recognize the expansion of the existing trailer park, from 18 to 29 units and to permit "year round" occupancy as opposed to "seasonal" . The report further recommended the applicant be given one ( 1) year to comply with the zoning provisions in place and the 1981 Site Plan Agreement. Committee and Council concurred with the recommendation and adopted same. 3. 2 In October of 1989, a second application for zoning and site plan amendment was submitted by Mr. VanDeWalker. This subsequent application proposed to rezone the lands to allow the eighteen ( 18) units originally permitted to remain on-site "year round" . 3 . 3 Mr. VanDeWalker appeared before Committee on September 4, 1990, requesting a further one (1) year extension to the original one ( 1) year term. The applicant advised Committee that he had been successful in reducing the number of units in the Trailer Park from 29 to 18 and was actively pursuing a rezoning and site plan amendment application to permit 18 units on a "year round" basis. Committee requested Staff's input and subsequently granted the request on September 17 , 1990. 3 .4 The current zoning on the subject lands is "Special Purpose Commercial Exception (C4-8) " and "Environmental Protection (EP) " . The Zoning By-law Amendment application pertains only to those lands currently zoned 11C4-811 . The "C4-8" zone permits a trailer park for seasonal use only, a retail sales and/or service establishment with outdoor display areas for recreational vehicles, equipment and accessories, as well as propane . . .3 REPORT NO. PD-193-91 PAGE 3 dispensing for park patrons . The Site Plan Agreement effecting the subject lands dates back to 1981 and allows eighteen ( 18) seasonal use trailer sites only. 4 EXISTING AND SURROUNDING USES 4 . 1 Existing uses on the subject site include eighteen ( 18) mobile homes and trailers and one (1) single family dwelling unit. 4.2 Surrounding Land Uses: East - the site is bounded partially by a restaurant/tavern and partially by vacant lands zoned "Environmental Protection (EP) " ; West - the lands are currently vacant and are subject to residential development applications; South - the lands subject to rezoning are bounded by Graham Creek and associated valley which also forms the south eastern boundary of the Village Urban Area; North - is an approved Plan of Subdivision for 172 units and a concrete block and manufacturer sales establishment. 5 . PUBLIC MEETING AND SUBMISSION 5 . 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 and tenants within the prescribed distance. 5 .2 Residents of the Newcastle Trailer Park have submitted several letters in support of the application. Their letters advise that much work has been completed to improve the site. They further noted that should Council deny the application, many families living in the park year round would be displaced. One letter of objection to the rezoning application was received. . . .4 REPORT NO. PD-193-91 PAGE 4 The objector believed the site to be too crowded and unsafe in terms of fire protection. A second letter from a trailer park resident expressed concern at the need to relocate a few of the units, sheds, decks, etc . and the cost involved. 6 . OFFICIAL PLAN POLICIES 6 . 1 Within the Durham Regional Official Plan the subject site is designated "Residential" within the Small Urban Area of Newcastle Village. The Durham Plan permits a Mobile Home Park development in residentially designated areas if such development is considered desirable and compatible with surrounding uses by the local Council. It is further noted that mobile home park developments shall be fully serviced with water and sewer facilities designed to Regional standards and approved by the Ministry of Environment. Furthermore, mobile home parks may proceed either by registered plan of subdivision and/or by development control agreement. Such agreement being in accordance with relevant municipal by-laws and having regard for criteria established by the C.M.H.C. publication "Site Planning for Mobile Homes - A supplement to the Site Planning Handbook" . The application would appear not to conform with the existing residential policies . However, Council may consider the proposal under Section 16 . 6 .5 of the Durham Regional Official Plan. This section allows Council at their sole discretion to zone to permit the continuation, expansion or enlargement of existing uses, or the variation to similar uses . 6 .2 Within the Town of Newcastle Official Plan the subject property is designated "Residential" . Development in Newcastle Village shall be generally restricted to low and medium density, with an overall average density not to exceed fourteen ( 14) units per net residential ha. The subject application for 18 units plus the existing residential dwelling has an overall net residential density of 13 . 8 units per ha. . . .5 REPORT NO. : PD-193-91 PAGE 5 7 . AGENCY COMMENTS 7 . 1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies . The following provides a summary of comments received through the circulation process . The Newcastle Hydro Electric Commission provided no objection to the proposal. 7 .2 The Ministry of Transportation provided no objection in principle to the application. However, they require all access to the subject site meet the Ministry's policies for a commercial access . The Ministry further requires any new buildings or structures be setback a minimum distance of 14m from the highway property line or 32m from centreline, whichever is greater. In addition, building/land use and sign permits are required from this Ministry prior to any construction. 7 . 3 The Town of Newcastle Fire Department had no objection to the proposal advising the subject site falls within the recognized response area of Station #2 and the site plan has identified an area for fire Department vehicles to turn around. 7 .4 The Town of Newcastle Public Works Department comments provided no objection to the proposal provided no major changes to existing landscape are made and no existing watercourse is altered or adversely affected as a result of this development. 7 . 5 The Community Services Department staff have no objection with the proposal subject to a cash-in-lieu of parkland dedication being provided to the Town and that the lands zoned "EP" (valley lands) be dedicated to the Town gratuitously. 7 . 6 The Durham Regional Health Department advised they have no objection to the proposal provided that: 1) The owner agrees to connect all trailers to municipal water and/or sanitary sewers when they become available. 2) The owner of the park be held . . .6 r REPORT NO. : PD-193-91 PAGE 6 financially responsible for pumping the trailer park holding tanks and ensuring that they are pumped out on a routine basis by a licensed haulier. 3) That all sewage removed from the park must be disposed of at a municipal treatment plant and a copy of the pump-out contract be submitted to the Regional Health Department's office. 7 . 7 The Ganaraska Conservation Authority comments advised that a portion of the subject lands are regulated by the said Conservation Authority. The regulated areas apply to those lands susceptible to flooding and zoned "Environmental Protection (EP) " . Authority staff have no objection to the proposed rezoning provided that the "EP" zone is recognized and retained. 7 . 8 Regional Planning Staff have advised that the majority of the subject site is located within the Newcastle Village Small Urban Area and is designated "Residential" . Section 8 . 1.2 . 11 permits mobile home park developments within residential areas provided such developments are fully serviced with water and sewer services . Full services are not available, therefore, this proposal does not appear to conform. However, the Town may wish to recognize this development as an existing non-conforming use within the context of 16 .6 .5 of the Durham Region Official Plan. 8 . STAFF COMMENTS 8 . 1 The subject application for Zoning By-law Amendment and Site Plan approval seeks to legalize the use of eighteen ( 18) mobile home/ trailers for year round use and improve the site plan to comply with the standards of today. 8.2 The application has been reviewed by a number of agencies with the respective comments outlined above. The agencies have outlined a number of conditions the applicant must fulfill in order to receive approval. The Official plan policies permit Mobile Home Park developments provided they are fully serviced by . . . 7 REPORT NO. : PD-193-91 PAGE 7 municipal water and sanitary sewers . In addition the Plan policies note a C.M.H.C. publication which outlines design criteria for such developments . 8 . 3 Report PD-48-90, Public Meeting Report for the subject application contained a number of guidelines for a mobile home park as outlined in the C.M.H.C. publication, Site Planning for Mobile Homes A Supplement to the Site Planning Handbook. These requirements were discussed with the applicant and his agent and incorporated, to varying degree, within the proposed site plan and attached zoning by-law amendment. 8 .4 The Regional Official Plan defines Mobile Home in Section 8 . 12 .2 . 13 as: "a mobile home or modular home unit shall mean a factory- built single family dwelling designed to be made mobile that is sited on a permanent anchoring foundation and connected to service facilities so as to be suitable for year round occupancy and is constructed to meet, as a minimum, the standards of the Ontario Building Code, the Electrical Code and the Plumbing Code as well as all relevant by-laws of the respective area municipality. " Site inspections and information provided through earlier submissions would indicate a number of existing units may not satisfy the above-noted definition. Should the rezoning and site plan amendment application be approved all future mobile homes placed on the property shall be required to satisfy all above- noted code requirements . 8 .5 Sanitary sewers are currently not available to the site, however, through the Site Plan Agreement, the applicant would be required to connect to sanitary sewer at such time as it is available. 8 . 6 In reviewing the application in consideration of Section 16 .6 .5 of the Durham Region Official Plan, the proposal would not appear to adversely impact surrounding uses or the provisions of the Plan. The Zoning By-law amendment and revised site plan would . . .8 REPORT NO. : PD-193-91 PAGE 8 further restrict development of the trailer park and enhance the current situation, and the site is accessible by a public road of a standard adequate to provide for traffic from the site. 9 . CONCLUSION: 9 . 1 In consideration of the comments contained within the report and the various agencies and Town's conditions to be imposed through the Site Plan Agreement, staff would recommend APPROVAL of the application and the attached by-law will be forwarded to Council at such time as the Site Plan Agreement has been fully executed. Respectfully submitted, Recommended for presentation to the Committee d Franklin Wu, M.C. I .P. L wrenc . Kotseff Director of Planning Chief .nistrative and Development Officer CP*FW*jip 30 August 1991 Attachment No. 1 Key Map Attachment No. 2 Site Plan INTERESTED PARTIES TO BE NOTIFIED OF COUNCIL AND COMMITTEE'S DECISION: Thomas H.R. Luck Anita Jane Due 623 King Street East 154 Mill Street lot 21 OSHAWA, Ontario NEWCASTLE, Ontario L1J 1S7 L1B 1K7 Mr. & Mrs . M.Bowles Roger Cormier 623 King Street East Newcastle Motel Tavern Unit 23 789 King Street East NEWCASTLE, Ontario NEWCASTLE, Ontario LOA 1H0 LOA 1H0 Kim Connolly D.G. Biddle & Associates Ltd. 623 King Street East 96 King Street East NEWCASTLE, Ontario OSHAWA, Ontario LOA 1H0 L1H 1B6 . . . 9 REPORT NO. : PD-193-91 PAGE 9 Mrs. Maureen Bowles Eugene E. VanDeWalker 4985 Ashburn Road S Newcastle Trailer Park R. R. # 1 King Street East BROOKLIN, Ontario NEWCASTLE, Ontario LOB 1C0 LOA 1H0 Guy Carriere E. Mostert P. 0. Box 265 R.R. 2 NEWCASTLE, Ontario NEWCASTLE, Ontario LOA 1H0 Leonard Secord David McPhee 623 King Street East P. 0. Box 265 P. 0. Box 543 Unit 17, NEWCASTLE, Ontario NEWCASTLE, Ontario LOA 1HO LOA 1H0 Attachment No. 1 SUBJECT SITE LOT 27 LOT 26 LOT 25 04 Z f" CT 0 3: Rl a: M2-3 Cl KING STREET E. EP I - r.1 Cl I CS-1 C4-2 (H)RI EP Al Z (H)RI HIGHWAY NS 401 .1 iii NfORWAYNG W 4014 iiiiiiiii _9( Al EP 0 so *0 =0 31100M KEY MAP e'er Dev. 8 9=M 112 z Q VALLEY UND Y H "e0 'o II '•"Wa o'r"' Ir•sa•m•W zl s.3s'�� °, ..:j..roWE +,� \ . LOT ®L�TO 6 LOT 7°'mt,®LOT LO 9 \\\ \\ KEY Pty I -� ALES AND l /k I _ \ AREA r...._ 1. ° \ 3. Zi III �� € ao. a OC $ al a t •I \\ \ 771 I ao \\\\ a� -c ® s >; I *f I � .�,� - \ � \Q y � ®• ° �• 3x $;LOT T� \\�\\ ��� 4- Z� ( I ��.� SAL A I �\ B "�� O,QO _�' �T, \yry .:.�P �a ...3 x• `\ ? `�+ye ���`\��\ , �z " ` OT `.gem l�It LOT r.0 �+ LO� I F. DT \\\ ENCLOSURE FOR REFUSE CONTwI NER DETAIL " .I I� \lid \/ /� .t \ ` `bs O ✓° o ° m I VALLEY LAND PROPOSED DRAFT PLAN 18T;h806l i/ j �} NOTES• I, ALL SHEDS WITHIN 1.20.OF PROPERTY ARE TO BE RELOGTED 1N ACCORDANCE PITH THE PROVISIONS OF THE BYLAW- r* CRAvEL ROAD.DISPGY ARE AND AS. I I I - i 1 PAPo(INC AREAS TO BE PAVED AS INDICTED. I I ALL LANOS NOT OCCUPIED BY ORIvE1wYS. / I TRAI LERS.PATIOS.ECT. ARE TO BE SODDED/ ----------— SEEDED. O ------------- / 1 TRAILERS TO REMAIN TILERS TO RELOCATE L77 ------- AT IXIS T LOCATION RA 1 TRAILER: TRAILER l 2 TRAILER I1 TRAILER 6 TRAILER 21 TRAILER 6 TRAILER 22 �! TRAILER 16 TRAILER 25 TRAILER 0 TRAILER 31 -�— - - TRwILER 20 TRAILER 31 RAILER 23 TRAILER 24 TRAILER 26 TRAILER 3O 5� WYE r ..Harm SITE STAT I ST I CS CORPORATION OF THE TOWN OF NEWCASTLE SITE AREA - 1.301 HA SALES MCI SERVICE AREA -0.343 HA NEWCASTLE TRAILER PARK _ PAR-:NO PROVIDED -)SP ES 1101�!W AREA OF TRAILER SITES I -0.036 HA 2-0.036 HA 0.039 HA PROPOSED SITE PLAN I ♦ � 5-0.032 HA I I Ki ceao[ rwnx io N�ia�rol�xTnvOrirr�PWW I. 6-0.033 HA I i raarr I Ima pis �n>om r-0.033 HA 0`: 9-O.Oa2 HA �1D.G-BIDDIE 8 ASSOCIATES LIMITED to-o.oza H ,,cw,aATllx EHC•cERs w, oa...A....N. o.oso LOT cxER WARMER DETAIL �x I '^�c.�.ais .- 0.os2 NA ••s CEDAR SEDGE PLANTING DETAIL i °"°°`od > taw; 11 O.D39 .i.-- .ro 1 00 6 O 030 H WOOD FENCE DETAIL Io o. 5 H __—_ SP� '. KIN PR�,oF,u 33 - c c 4 D..