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Home My WebLink AboutPD-211-88 DN: 211-88 TOWN OF NEWCASTLE 6 t REPORT File # �� :�.� Res. By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, October 17, 1988 REPORT #: PD-211-88 FILE #: DEV 88-77 Sl1B,ECT: REZONING APPLICATION - RIDGE PINE PARK INC. (WILMOT CREEK) PART LOT 3, BROKEN FRONT CONCESSION, FORMER TWP. OF DARLINGTON OUR FILE: DEV 88-77 I RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-211-88 be received; and 2. THAT the application to amend By-law 84-63 submitted by Ridge Pine Park Inc. to increase the density from 7 to 7.75 units per hectare in order to permit the development of Phase VI be referred back to Staff for a subsequent report pending receipt of information from the applicants and pending receipt of all the outstanding comments; and 3. THAT the applicants and the residents on the attached list be so advised. 1. BACKGROUND I i i 1.1 On July 20, 1988, the Town of Newcastle Planning Department received an i application from Ridge Pine Park Inc. to amend By-law 84-63. The by-law amendment would seek to increase the density presently recognized under Section 10.1 of By-law 84-63, being 7 units per hectare to 7.75 units per hectare thereby implementing Phase VI development of Wilmot Creek, being Seventy _170) additional residential units. . . .2 ' � ) REPORT NQ. * PD-211-88 PAGE 2 1.2 Staff would note for the Committee's information that the new proposed units are very similar to those units already existing in the Bmzh. 2. LOCATION AND SURROUNDING IJ\0D O88Q 2.1 The location of the proposed Phase VI development would be located to the west of the existing residential oaea being the various stages of Ridge Pine Park. Staff would note that the other proposal, being DEV 88-72, 0P& 88-50/D considered by Committee through Report PD-203-88 is located to the north of this subject property. Directly to the south / is Lake Ontario and to the north is CN Rail and Highway 0o. 40I. 3. PUBLIC NOTICE ].l 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 aiguage acknowledging the application was installed on the subject lands. 4. CIRCULATION / 4.1 In a000cdmuoe with departmental procedures, the application was circulated to obtain comments from other departments/agencies. In providing comments, the following offered no objection to the application as filed: - Cmcbam Regional Health Services - ministry of Natural B000uroaa 4.2 The Town of Newcastle Fire Department noted that the applicants moot comply with the appropriate sections of the Ontario Building Code and Ontario Fire Code. In addition, the Department recommends that no Building Permits be issued until road aoneaaea are in place in accordance with the Ontario Building Code and an adequate water supply is in place for firefighting pursuant to the Ontario Building Code. REPORT NO. * PD-211-88 PAGE 3 4.3 The Durham Regional Planning Department noted that the development is recognized as 1IB6011 in the Durham Regional official Plan, designating the use of a Mobile Home Pack for adults which shall be allocated a population figure of I500. According to the Bagimo'o calculations, the development of Phase VI would not overload to I500 persons within the Pack. Regional Staff also note that Section 8.I.2.12 of the Durham Regional official PImu state that Mobile Home Park developments shall be fully serviced with water and sewer facilities designed to Regional / standards. The Regional Works Department have noted that a surge of intermittent sewage flow from the Mobile Home Pack in addition to normal sewage flow from the expanding Village of Newcastle, resulting in fcegueot overloads in the existing water pollution control facilities. The Regional Works Staff requests the applicant/developer to investigate the possibility of additional plant capacity to resolve intermittent surge of sewage. Given the above-noted comments Regional Staff are not in a position to support the development of additional units. 4.4 The Canadian National Railway does not support the introduction of residential development in the immediate vicinity of the rail operations. However, the Railway notes that if the development would proceed, they would require the incorporation of a 30 metre setback in the rezoning and/or warning clause provision. This would be sought through the development/subdivision agreement. 4.5 Staff would note for the Committee's information that oonxneuta are still outstanding from the following departments/agencies: - Newcastle Public Works Department - Newcastle Community Services Department - Central Labe Ontario Conservation Authority - Ministry of Agriculture and Food - Ministry of Transportation - Ministry of Environment - Ontario Hydro REPORT NO pn-211-SR PAGE 4 ------------------------------------------------------------------------------- 5. OFFICIAL PLAN CONFORMITY 5.1 Staff have reviewed the proposed rezoning within the context of conformity to the Regional official Plan and noted that the subject property is located within an area designated and identified as 11R60". Policy of the Durham Plan stipulates a population figure of 1500, the result of an Ontario Municipal Board decision in 1979. 5.2 This 1500 population figure was subsequently translated into two (2) implementing documents; the zoning by-law and the site plan agreement. The end result was that the maximum allowable dwelling units being set at 768 units, roughly based on two (2) persons per unit. 5.3 Based on the above facts, Staff is of the opinion that the proposed rezoning application sought by Ridge Pine Park Inc. to increase the number of dwelling units by 70 units is not in conformity to the Official Plan. The applicant indicated that the average persons per unit within Wilmot Creek Park is less than two persons per unit and therefore, when all 750 units are occupied, there will be less than 1500 total population. The applicant therefore argues that an Official Plan Amendment application would not be required. In support of his argument, the applicant quoted existing survey results from Sandy Cove which shows an average of 1.72 persons per household. 5.4 Staff has advised the applicant that we are not prepared to accept survey figures from other similar development. We are also of the opinion that the 1500 population figure is set by the Ontario Municipal Board and we are not prepared to make flexible interpretation. 5.5 Based on the aforementioned comments, we maintain that the proposed rezoning application to increase density is not in conformity with the Regional official Plan. However, we are prepared to reconsider this . . .5 rV REPORT NO. : DD-21I-88 D&QE 5 _______________________________________________________________________________ issue if the applicant can, through an independent survey of the existing homes within Wilmot Creek, to demonstrate that the existing figure for persons per unit is less than two persons. G. STAFF COMMENTS 6.1 As noted in Regional Works comments, the stress on the services is very obvious at this point. Therefore, the approval if any further developments proceed in this area, the servicing issue must be addressed. 6.3 This Report is prepared for the purpose of facilitating a Public Meeting in accordance with the Planning Act requirement. Once all outstanding comments and relevant information are received, as well no the issue of official DIau conformity is resolved, Staff will be in a position to ceBVct back to Committee with respect to this application. 'Respectfully submitted, Recommended for presentation to t ommittee T7-------- - --------------- Franklin Wu, M.C.Z.P. ��reu taeff Director of Planning & Development Chief & '�cative Officer CBV*DW*jip *Attach. October 5, 1988 ~ CC: "� / Mr. Roger Howard CC: Mrs. Marion Lea Ridge Pine Pack Inc. 2 Loyalist Court 17 Dean Street Group 2' Box 307, B.D. #I BRUMPTO0, Ontario 0BW{A3TLO' Ontario LGW 1M7 LOA lBO w'xYro. Ruth Hinkley, President Prof. James P. Lovekiu Wilmot Creek Homeowners Association 3 King Street West Box 42, Group l, R.R. #1 Box 189 NEWCASTLE, Ontario COLB00l0E' Ontario L0& 18O KOK lGO Mr. Charles Gage Box 736, Group 7 NEWCASTLE, Ontario LOA lB0 BROKEN - FRONT CONC. CONCESSION 1 BENNETT ROAD (n 0 q cc: I 0 mm CC 11 0 M — — — — — — - — — - - - - - - - - - - - - - z X 0 m 0 > U) z 0 > oq 10-Lll:! __7 U) m -4 RICKARD I ROAD BRAGG ROAD cn r- 0 ..I m > >m U) M C °o m - - - - - - - - - - - - - a m > C0 m 0 z AID _< 00 DARL7CLARKE TOWN INE ROAD REGIONAL ROAD 42 co o 0 Z - - - - - - - - - - - - - **4 1 m T LOVEKIN . 0�o D 0 z U) Z7- cn 0 om Z 0 0 X 0 K-R rn .0 CONCESSION 1 CONCESSION 2