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HomeMy WebLinkAboutPD-213-91 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: DEV91031.GPA REPORT P U B L I C M E E T I N G Meeting: File # General Purpose and Administration Committee Date: Monday, September 23 , 1991 Res. # By-Law# Report#:-p-D-2-1-3-9-1 File #: DE 91-031 Subject: REZONING APPLICATION - CLARET INVESTMENTS AND REXGATE HOLDINGS PART LOT 30, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 91-031 (X-REF 18T91005 & NPA 91-03/CN) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-213-91 be received; 2 . THAT application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Mr. William Manson on behalf of Claret Investments and Rexgate Holdings be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; and 3 . THAT the Durham Region Planning Department, and all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Applicant: Mr. William Manson 1. 2 Owner: Claret Investments and Rexgate Holdings 1. 3 Rezoning: From "Holding - Urban Residential Type Three ( (H)R3) 11, "Holding - Urban Residential Type Four ( (H)R4) 11 , and "Environmental Protection (EP) 11 to "Holding - Urban Residential Type Three ( (H)R3) 11 and "Environmental Protection (EP) 11 zone to permit the development of 118 street townhouses. 1.4 Neighbourhood Plan Amendment: From "Residential - Medium Density maximum 40 units per hectare and High Density maximum 80 units per hectare and Minor Open Space to a designation appropriate to permit the proposed development. 2 REPORT NO. PD-213-91 PAGE 2 1.5 Subdivision: Townhouses: 118 street townhouse units 1. 6 Area: 4 . 731 hectares 2 . LOCATION 2 . 1 The subject lands are located in Part of Lot 30 in Concession 3 in the former Township of Darlington. The site possesses frontage on the north side of Nash Road, just east of Trulls Road. 3 BACKGROUND 3 . 1 On May 9, 1991, Staff were notified that an application for a plan of subdivision was made on these lands . Staff advised the applicant that applications for rezoning and neighbourhood plan amendment were required. On June 26, 1991, these two (2 ) applications were submitted to the Planning Department. 3 .2 The lands were subject to a previous application (DEV 84-23) , submitted on June 15, 1984 to permit a 96 unit apartment building and 70 townhouses for a total of 166 units . On January 14, 1985, By-law 85-1 to rezone the lands to permit the development was approved by Council . 4 . 1 EXISTING AND SURROUNDING USES 4 . 1 Existing Uses: The site is presently vacant 4 .2 Surrounding Uses: East - Draft Approved Plan of Subdivision 18T 77028 West - Existing single family dwellings South - Existing condominium development North - Draft Approved Plan of Subdivision 18T 88067 5 OFFICIAL PLAN POLICIES 5 . 1 Both the 1976 Durham Region Official Plan and the recently adopted Official Plan designate the subject lands as "Residential" and "Living Areas" respectively. "Environmentally Sensitive" area is also identified as part of the site. Lands designated residentially, shall be used as such. Lands 3 f .� . . . . 1 REPORT NO. PD-213-91 PAGE 3 identified as "Environmentally Sensitive" shall be kept in a natural state. However, development may occur on such lands provided that measures have been taken to mitigate any negative environmental impact. 5 .2 According to the Town of Newcastle Official Plan, the lands are designated "Residential" and "Hazard Land" . Lands designated residentially shall be used for such purposes . Additionally, the Town Official Plan advocates that a range of housing types, sizes, price and tenure be provided, thus accommodating households of differing socio-economic characteristics. Lands designated "Hazard Land" , shall be kept in their natural state. The extent of the hazard lands shall be determined through the Zoning By-law, in consultation with the conservation authority. 5 . 3 The Courtice Neighbourhood 3B Plan designates the site as "Residential - Medium density (40 units per hectare) and High density (80 units per hectare) " , and Minor Open Space. The development as proposed, possesses a density of 48 units per hectare, thus requiring an amendment to the density requirements on the site. 6 ZONING BY-LAW PROVISIONS 6 . 1 According to the Town of Newcastle Comprehensive Zoning By-law, 84-63, as amended, the subject lands are zoned "Holding - Urban Residential Type Three [ (H)R3] " , "Holding - Urban Residential Type Four [ (H)R4] " and "Environmental Protection (EP) " . The "Holding - Urban Residential Type Four" zone only permits apartment buildings . This applicant has proposed townhouses only. Townhouses are not permitted in the "R4" zone. Development will not be permitted within the "Environmental Protection (EP) " zone. However, Staff note that the boundary of the "EP" zone may require redefinition. . . . .4 REPORT NO. PD-213-91 PAGE 4 7 PUBLIC MEETING AND SUBMISSION 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. 8 AGENCY COMMENTS 8 . 1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies . The following departments/agencies in providing comments, offered no objection to the application as filed: Ontario Hydro Peterborough Victoria Northumberland and Newcastle Roman Catholic Separate School Board. 8 .2 Other agencies have commented on this application. The following is a summary of their concerns and/or conditions . 8 . 3 The Town of Newcastle Community Services Department note that they will not accept Block 120 as parkland and that parkland dedication will be accepted as cash-in-lieu of parkland based upon 1 hectare per 300 dwelling units . They require that the Open Space Block 121 be dedicated to the Town gratuitously. It is also requested that a paved walkway be provided through Block 121 in an east-west direction. The applicant is aware of these comments . 8 .4 The Town of Newcastle Fire Department notes that prior to issuance of a building permit, access routes and an adequate water supply for fire fighting purposes must be available. 8 .5 The Durham Region Planning Department notes that residential development should provide a diversity of housing types and sizes thus providing accommodation for households of differing socio . . . .5 k- 0 REPORT NO. PD-213-91 PAGE 5 economic characteristics. The Region also referred to the fact that appropriate measures must be undertaken to mitigate any possible negative environmental impacts. Policy 1. 3 . 9 of the Official plan is also referenced. This provision states that a study to determine the exact location of the sensitive areas. This study must be completed to the satisfaction of the Region prior to the granting of draft approval of the related subdivision application (18T 91005) . 8. 6 The Northumberland and Newcastle Public School Board request that sidewalks be provided and that a walkway connect this proposal with the lands to the north. 8. 7 The Ministry of Natural Resources will not support this application until such time as an erosion and sedimentation control report, a preliminary stormwater drainage report are submitted to the satisfaction of the Ministry. 8.8 Comments have yet to be received from the following agencies: Town of Newcastle Public Works Department Central Lake Ontario Conservation Authority Ministry of the Environment 9 . 0 STAFF COMMENTS 9. 1 This application proposes one (1) entrance for the site. This access point is located within 76 m (250 ft. ) of the Nash Road and Trulls Road Intersection. The close proximity of this entrance to the intersection could pose potential traffic problems. Additionally, with 118 units relying on one ingress, egress questions of safety could be raised. Staff suggest that the inclusion of an additional entrance should be examined further. . . . . 6 REPORT NO. PD-213-91 PAGE 6 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 areas of concern regarding the subject application. It is recommended 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. Lawrenc Kotseff DIrector of Planning Chief A nistrative and Development Officer HM*FW*cc *Attach 13 September 1991 Interested parties to be notified of Council and Committee's decision: Claret Investments Ltd Mr. William Manson Rexgate Holdings Ltd 20 Clematis Road 20 Clematis Road Willowdale, Ontario Willowdale, Ontario M2J 4X2 M2J 4X2 i I _ DRAFT PLAN I 8 — 88067 (R) by Design Plan Services Inc. 4 N 1.41'00'E 107m? ( A w z J 4 27 0 28 29 31 32 33 34 6 37 Si 39 40 41 42 44 45 46 47 4B z 26 y —$ $ � y 25 e10 .,to .10 nw >te .10 e.lo e.lo e� do edo e.w e.lo > .lo 6.10 edo 6.10 e.lo e.10 ado a.lo >. � f 24 2 STREET e�•`° �. ° 11 B n W Oro � 0 3, 22 22 LOT 30 21 0.0 6w b.lo ..to e>o eo ..to lo,o a 6,10 fo 0 N ?W O g 9 ¢� 69 68 67 66 65 6 62 60 59 5 57 56 55 54 53 52 51 19 = m.o X �i IB - m. N 17 — O Do 16 70 172 73 74 75 7V 17 78 79 80 81 32 83 84 85 86 87 88 D a F 15 r lo.n+ Edo edo 6.10 6. 6.10 fi.ro 6.w e.ro e.>o ado 6.10 a.w e.w e.10 ado a.lo r O 13 > Yo n a 2 STREET B II f IM z a Z IOd k D - r � m II A> 6.10 e.10 6.10 6.10 6.10 23 >b0 .10 a.10 60 6.10 e.10 )60 0 a.1 a.10 f.10 6.10 >b3 m M = / Z ' b• 0 08107106 1 102101 3 1 99 97 96 95 94 93 92 91 90 89 1 0 f 6 4 5 C4 4 - s 110 O oa 3 2 _ - 112 �pPARK I W y BLOCK 120 114 0.175 h. 1 e.ea7 0 N 70•to,30'E _ 115 N 73- '00' .•12 = 116 se J 117 t Ile �e © O C Q l m 8 $ OPEN SPACE 8 1 / BLOCK 121 / -0.712 eu 12,'75 _.-.1 D N 70'20 30'E - i 30.507 m N 74.21,00'E O 63,320 N 72.28'00'E — x a = 9 £ 3 Q 3 ) K a� EXISTIN RESIDEN IAL 0 NAS H ROAD N 7r 40 E ROAD ALLOWANCE BETWEEN CONCESSION 2 AND 3 ® SUBJECT SITE LOT 31 LOT 30 LOT 29 �i A-8 � t A EE � A A 1 M � 1 (H)R1 I- < 0- EP 2 A-8 /� _ (n R2 R1 (H)R4 lo W A a: �H (H)R4 EP 1 o Z R2'2 A V 0 � I V Ito -1 (H)R3 EP R1 EP A (H)R2-3 R2 P EP R2.2 R R2 R2 1 H R1 N ASH ROAD I 0 100 200 300m KEY MAP 50m Dev. 91 -031 , 1 8T-91005 NmPmAx 91--03 /CN