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HomeMy WebLinkAboutPD-55-88 DN: 55-88 TOWN O F NEWCASTLE REPORT File # 'Sy �- 7 �� Res. �,. By Law # MEETING: General Purpose and Administration Committee DATE: Monday, March 7, 1988 REPORT #: PD-55-88 FILE #: DEV 87-103 and OPA 87-90/N SUBJECT: REZONING APPLICATION AND OFFICIAL PLAN AMENDMENT APPLICANT: MICHAEL ZYGOCKI PART LOT 11, CONCESSION 2, FORMER TOWN OF BOWMANVILLE FILES: DEV 87-103 AND OPA 87-90/N RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-55-88 be received; and 2. THAT the applications submitted by Mr. Michael Zygocki to amend the Official Plan designation and the zoning to permit three storey, forty (40) unit townhouse condominium in Part of Lot 11, Concession 2, former Town of Bowmanville be denied. BACKGROUND AND COMMENTS: On December 15, 1987, the Town of Newcastle Planning Department received an application from Mr.. Michael Zygocki to amend By-law 84-63. ' Subsequently, on December 29, 1987, the Town was advised by the Regional Planning Department of an application submitted by Mr. Michael Zygocki to amend the Town of Newcastle Official Plan. The subject applications seek to develop three (3) storey, 40 unit semi-luxurious townhouse condominiums on a 1.08 hectare parcel of land located on the west side of Liberty Street, north of Concession Street in Bowmanville. � . . .2 � REPORT 00. : PD-55-88 PAGE 2 _______________________________________________________________________________ The subject site in designated as "Low Density Residential" within the Town of Newcastle Official Plan. The policies within said Plan restrict the density no lands so designated to fifteen (15) units per net residential hectare. The proposed development would have m density of 37 per net hectare. Staff would note that the amendment would change the designation from ''Low Density Residential" to "Medium Density Residential" which permits greater than ]O and op to 55 units per net residential hectare. The development site is zoned as "Urban Residential Type One (Bl)" in the Town of Newcastle Comprehensive Onuiug By-law 84-63' as amended. Staff would note that the zoning would have to be amended to reflect the increase in density accordingly. / Staff would note for the Committee's information that, pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate oigoage acknowledging the application was installed on the subject lands. In oonmacy' the following agencies offered no objection to the applications as filed: - Town of Newcastle Building Department - Newcastle Hydro Electric Commission - Peterborough-Victoria-Northumberland and Newcastle Ik>mau Catholic Separate School Board - Northumberland and Newcastle Board of Education < In reviewing the application, these agencies offered the following comments: Town of Newcastle Public Works t t "We have reviewed the application as noted above and submit the following comments: I. That all works are completed in accordance with the Town of Newcastle Design Criteria and Standard Dcmvviuga: 2. That any easements required by the Town be granted free and clear of any euoOmbzmuoeo; 3. That the developer will bear the costs (100%) of any works on Liberty Street which are necessitated as a result of this development. (ie. storm sewer connections) . 4. That the developer enter into an Agreement for the costs of reconstructing the sidewalk along Liberty Street; 15(x) REPORT NO. : PD-55-88 PAGE 3 ------------------------------------------------------------------------------- Town of Newcastle Public Works Department (Cont'd) 5. That the utility distribution on the internal streets (Hydro, Bell, Cable TV, etc.) be installed underground and that all secondary services for the proposed lots be underground; 6. That the developer meet all the requirements of the Public Works Department, financial or otherwise. 7. That the owner enter into a Development Agreement with the Town and that this Department be kept informed of the status of same at all times; 8. All of the other standard requirements re: Lot Grading, Schedules of Work, Performance Guarantees, Cost Estimates, etc., should be included in the Subdivision Agreement. Should these lands develop they would contribute to the drainage into the west branch of the Soper Creek. The Town has initiated an Erosion and Flooding Report for the west branch of Soper Creek and based on the Report, a levy would be charged to any development contributing to this watercourse. Until such time that the Report is completed and a costs for the necessitated creek works established, we request that this development not be allowed to proceed. At such time that the above is completed, the developer will be required to pay his share of the Report and the creek erosion and flooding prevention works. Please note that this report is expected to be completed by late February 1988." Town of Newcastle Fire Department "This Department would note an objection to the above-headed application. This development represents 40 residential units, which will result in a population increase of approximately 120 persons. This part-time Fire Department (4 full time firefighters) will not be able to maintain the existing level of emergency service, considering all of the development that is taking place throughout the municipality. Furthermore, if this development proceeds, it is recommended that no building permits be issued until access routes meet Subsection 3.2.5.2 (6) of the Ontario Building Code and until watermains and hydrants are installed and fully serviced. Due to the past history of problems, which have been realized in other subdivisions under construction, it is also recommended that the developer be made aware of the recommendations set out in the Guidelines to Fire Prevention for the Residential Construction Industry, some of which state fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code. Others include storage of combustible waste as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Fire Code. Also referring to the Ontario Building Code, Subsection 3.2.5.2(6) it should be noted that in regard to access routes a turnaround facility is required for any dead-end portion of the access route exceeding 90m. This laneway is 175m in length. . . .4 l» \^/ REPORT 00. : PD-55-88 PAGE 4 __-_-____--______-_-_-_______-__-______-_--_-_________--__--___-______-_-____-- Town of Newcastle Fire Department ({omt"d) The limit for hydrants is 90m and the west units are some 300m from the nearest hydrant, which is unacceptable in a000cdouoe to Section 3.2.5.3 of the Building Code. Private bvdcauto will be required to bring all buildings within the 90m guideline." Cp Rail "Please be advised that CP Ball does not wish to object to the oDPIinetiou on the following conditions: I. Dwellings moot be constructed such that interior noise levels meet the criteria of the appropriate Ministry. 2. Clauses to be registered on and cou with the title of all properties within 300 metres of our right-of-way warning prospective purchasers of the ' Railway's presence and also that the Railway will not take responsibility for complaints as a result of noise, vibration, air quality, etc. , generated by present and/or future operations. 3. There shall be no increase or change in the direction of natural drainage affecting Railway property without first obtaining written consent from the Railway. 4. Any proposed utilities under or over Railway property to serve the development must be approved prior to their installation and be covered by the Railway's Standard Agreement." The Regional Planning Department acknowledged receipt of the application and requested that the amending by-law not be passed until the related Official Plan amendment has been dealt with by both Town OoouoiI and Regional Council. � In addition, the following agencies must submit comments: Ontario Hydro, 8agimuaI Public Works Department and Town of Newcastle Community Services Department. Staff would note for the Committee's information that there is significant public opposition to the proposed development. Copies of submissions received as of the date of writing have been included for the Committee's information. Staff have reviewed the proposal in consideration of the intent of the Town's official Plan and Zoning By-law as well as the adjacent land uses. In that regard, during preparation of the Urban Area Plan, specific attention was paid YV ( i/ ' REPORT 08. ; PD-55-88 PAGE 5 _______________________________________________________________________________ to designating medium and high density sites as well as o review of vacant parcels with iufilliug potential. Following from those considerations, the present low density designation was placed on the site as was the corresponding zoning. The subject lands are virtually surrounded by low density bmooiug: some of which are oversized lots. To introduce Towohouoiug in this vicinity, at the density proposed, would offend the intent of the Official Plan and would not be in keeping with the established character of this neighbourhood. The Official Plan provides for this type of housing in other locations within the Urban Area. Therefore, opportunity does exist to meet the needs of this portion of the housing market. Staff feel that the most appropriate form of development would be a single cul-de-sac with single family or semi-detached homes located thereon. This would comply with the Official DIoo and Zoning By-law and provide for the future re-development of the adjacent oversized lots to the south. Booed on the foregoing, Staff are recommending that the subject applications for Official Plan Amendment and Rezoning be denied and the applicant so advised. Respectfully submitted, Recommended for presentation to the Committee ( � -------------------------- �7^--° � --------------- T.T. Edwards, M.C.Z.P. fawreo tseff Director of Planning Chief &d i 1 tcative Officer CR/*TTE* 'ip - *Attach. February 35, 1988 APPLICANT: Mr. Michael Qygocki 378 King Street West 0GB&DGA' Ontario LlJ 2J9 �