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Home My WebLink AboutPD-248-91 s. THE CORPORATION OF THE TOWN OF NEWCASTLE DN: BRAMALEA.GPA REPORT P U B L I C M E E T I N G Meeting: General Purpose and Administration Committee File # Date: Monday, November 18, 1991 Fees. #CL," PD-248-91 DEV 91-041 (X-REF: 18T-91012) Oy-1_2w# Report#: File#: Subject: REZONING APPLICATION AND PROPOSED PLAN OF SUBDIVISION BRAMALEA LIMITED PART LOT 28, CONCESSION 1, FORMER VILLAGE OF NEWCASTLE FILE: DEV 91-041 (X-REF: 18T-91012) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-248-91 be received; 2 . THAT the application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63 , as amended, submitted by Bramalea Ltd. , be referred back to Staff for further processing and the preparation of a subsequent report pending the receipt of all outstanding comments; 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: Bramalea Limited 1. 2 Rezoning: From in part Urban Residential Type One - Special Exception (R1-1) , in part Agricultural Exception (A-1) and in part Environmental Protection (EP) to an appropriate zone or zones in order to permit the development of the subject property with a plan of subdivision. 1. 3 subdivision: Seeking approval for twenty-five (25) single family dwelling units, five (5) blocks for public open space and two (2) blocks for private open space. 2 REPORT NO. PD-248-91 PAGE 2 1.4 Area: 12 . 66 hectares 2 BACKGROUND 2 . 1 On July 26, 1991, Bramalea Limited filed an application with the Town of Newcastle Planning and Development Department to amend the Town of Newcastle Comprehensive Zoning By-law in order to permit the development of a proposed plan of subdivision. On September 4 , 1991 the Town of Newcastle Planning and Development Department was advised by the Region of Durham of an application for approval of a proposed plan of Subdivision. 2 . 2 The subject property is an irregular shaped parcel, 12 . 66 hectares in size, located on the south side of Clarke Street between Baldwin Street and Mill Street but is more formally described as Part Lot 28, Concession 1, in the former Village of Newcastle. 3 . PUBLIC NOTICE AND SUBMISSIONS 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 of the writing of this report, no written submissions have been received with respect to the proposed zoning by-law amendment. However, the Planning and Development Department has received two (2) counter inquiries from area residents who requested more detailed information with respect to the proposal. . . . . 3 REPORT NO. PD-248-91 PAGE 3 4 OFFICIAL PLAN CONFORMITY 4 . 1 Within the existing Durham Regional Official Plan, the subject property is designated in part Residential and in part Waterfront Related Major Open Space. The recommended Regional Official Plan designates the subject property as in part a Living Area and in part Waterfront in a Major Open Space System. The proposal would appear to conform with both the existing and the recommended Regional Official Plan. 4 . 2 Within the Town of Newcastle Official Plan, the subject property is designated Residential and located within the 3A Neighbourhood. Staff have reviewed the proposal with respect to the target population of 400 and are confident that the application maintains the intent of the target population. In addition, Staff are of the opinion that the approval of the application would not prejudice the development potential of the remaining developable land within the 3A Neighbourhood. Therefore, the proposal would appear to comply with the Town of Newcastle Official Plan. 5. ZONING BY-LAW CONFORMITY 5. 1 The Town of Newcastle Comprehensive Zoning By-law 84-63 zones the subject property in part Urban Residential Type One- Special Exception (R1-1) , in part Agricultural Exception (A- 1) and in part Environmental Protection (EP) . The applicant is proposing to develop that portion of the subject property currently zoned Urban Residential Type One - Special Exception (R1-1) with twenty five (25) single family dwellings having a minimum frontage of 13 . 7 metres. Since the Urban Residential Type One - Special Exception (R1-1) zone requires a minimum of 18 metres of frontage, the applicant has applied to amend the Town of Newcastle Comprehensive Zoning By-law. . . . . 4 p REPORT NO. PD-248-91 PAGE 4 6. AGENCY COMMENTS 6. 1 The application for a proposed 25 unit plan of subdivision was circulated to various agencies by the Durham Regional Planning Department. Concurrently, the Town of Newcastle undertook a circulation of the proposed zoning by-law amendment. The following provides a brief synopsis of comments received to date. 6. 2 The Ganaraska Region Conservation Authority has advised that the Authority has no objection to the proposed plan of subdivision. However, the Authority notes that the subject lands are traversed by Graham Creek and that the associated valley system represents a constraint to development. The Authority recommends that the valley system remain in the Environmental Protection zone. In addition the Authority notes that Street "A" cuts through a steep portion of the streambank and this may result in the unnecessary disturbance of the surrounding sensitive area. Therefore, the Authority recommends that Street "A" be relocated. 6. 3 The Community Services Department has advised that they have no objection to the proposed plan of subdivision but would require the applicant to: a) provide Blocks 26, 27, 28, 29 and 30 to the Municipality gratuitously; and b) provide the Municipality with 5% cash-in-lieu of parkland dedication with the funds realized being credited to the Parks Reserve Account. 6. 4 The Canadian National Railway has advised that they have no objection to the proposed rezoning but request that the Owner be required to insert, in all offers of purchase and sale or lease and register on title to the land, a warning clause . . . . 5 REPORT NO. PD-248-91 PAGE 5 advising the prospective purchasers of the location of the Railway Right-of-way to the north of the subject property. 6. 5 The Public School Board has advised that the proposal would generate approximately 8 students and that the Newcastle Public School is presently over capacity. The school board, however, acknowledges that a school site has been requested within proposed plan of subdivision 18T-91004 to the south of this development and therefore offer no objections to the proposal. 6. 6 The balance of the circulated agencies which have provided comments were the Town of Newcastle Fire Department and the Newcastle Hydro Electric Commission. Neither of these agencies provided objectionable comments with respect to the proposed plan of subdivision. The Town of Newcastle Public Works Department, Regional Planning Department, Regional Works Department, Separate School Board, Ontario Hydro, Ministry of Agriculture and Food, Ministry of the Environment and Ministry of Natural Resources have all yet to respond to the circulation. 7. STAFF COMMENTS 7. 1 The subject property is an irregular shaped parcel, 12 . 66 hectares in size and is located in Part Lot 28, Concession 1 in the former Village of Newcastle. The property was the subject of a previous proposed plan of subdivision 18T-76021 and the plan was draft approved by the Ministry on June 30, 1980. Draft Approval of the plan has been extended on several occasions and the latest extension of Draft Approval would lapse on December 30, 1991. Bramalea Ltd. has indicated that they do not wish to relinquish the Draft Approval status achieved through the original application in the event that . . . . 6 REPORT NO. PD-248-91 PAGE 6 the current application is unsuccessful. Staff advise that should the current application be approved, Bramalea Ltd. would then be required to abandon one of the two draft approved plans. `- 7 . 2 As the purpose of this report is to satisfy the requirements of the Planning Act with respect to a Public Meeting, and in consideration of the outstanding comments, it would be in order to have the application referred back to Staff for further processing and the preparation of a subsequent report. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I.P. Lawrence Kotseff Director of Planning Chief A in ' strative and Development Officer WM*FW*cc *Attach 6 November 1991 Interested parties to be notified of Council and Committee's decision: Bramalea Limited Attention: Mairi Huras 1867 Yonge Street TORONTO, Ontario M4H 1Y5 i EOGTING RESIDENTIAL J J{ EXISTING 1 e I��- Ilt 2 IS 7 6 r'PI 4r,ZS ` / AGR:CUIS'JRAE IN" 3 a21` LACK 29� _ AGRK=JSURAL �, .r �!;'/, KEY PLAN �/'�./i/�i��r�°•yJ'l/,t /'� 0 T�p(a D30 L•!�•\t, ORRI crrtARlo D Pae W7S OCK �..�.,^..a ..e RESIDENTIAL � pti P RDAO AtInWANf.t EIY IWhEN 001(tN/fft0 t�CONCEMON AND CONCEDSION I T •OJ�EN) M @TCALM JaTflL+Cf JO' I --\ AGRICULTURAL *' -"w......... ...v�" PRO;JSED AFDRT UL/ � IDT- OQf�/�w�If 1ST-91012 BALDWIN and CLARKE v �' ;rte;; A'�• ti' STREETS i> // j \ \� Draft Plan of Subdivision i A,— �� 4 \ ¢ % for Bramalea Limited® Town of Newcastle Repbnel MuNdpalRY of Durham SUBJECT SITE ® OTHER LANDS OWNED BY APPLICANT LOT 31 LOT 30 LOT 29 LOT 28 HIGHWAY N° 401 ...N EP Ml M1 A A N 1 � ANA01 � Ml EP Z (H)MI (H) M1 O U) ! 04 W EP o cr A 1 A 8 F�f , Ai EP LL i Newcastle Village KEY MAP SO0 �°° 200 �MT 18T-91012 ,Dev. 91 -041