HomeMy WebLinkAboutPD-177-82 LI -Z Q)
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CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1JO TEL.(416)263.2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF OCTOBER 25th, 1982
REPORT NO. : PD-177-82
SUBJECT: OBJECTIONS TO BY-LAW 82-109 BEING
A BY-LAW TO REZONE CERTAIN LANDS IN
THE FORMER TOWN OF BOWMANVILLE, BEING
LOCATED NEAR THE INTERSECTION OF BASELINE
AND LIBERTY STREET
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following:
1 . That Report PD-177-82 be received; and
2. That the following resolution be forwarded to
Town Council for adoption and submission to the
Ontario Municipal Board along with By-law
82-109:
"WHEREAS the Council of the Town of Newcastle
has approved By-law 82-109;
AND WHEREAS By-law 82-109 is a by-law to amend
Restricted Area By-law 1587, as amended, of the
Former Town of Bowmanville;
AND WHEREAS the effect of By-law 82-109 is to
rezone the affected lands to permit the
development of a one hundred and seventeen
(117) unit apartment building;
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Report No: PO-177-82 „ ./2
AND WHEREAS By-law 82-109 has been approved in
conformity with the applicable policies of the
Durham Region Official Plan;
AND WHEREAS By-law 82-109 is in conformity with
the Regional Council approved Plan for the
Bowmanville Urban Area;
BE IT NOW THEREFORE RESOLVED that the Town of
Newcastle hereby requests the Ontario Municipal
Board to approve By-law 82-109, notwithstanding
the objections received, and further request
the Ontario Municipal Board to convene any
required public hearing in respect of By-law
82-109 at the earliest possible opportunity,
and further, hereby authorize Town staff and/or
the Town Solicitor to represent the
Municipality at any such hearing that may be
convened."
BACKGROUND:
As outlined in earlier reports relating to the area affected
by By-law 82-109, the applicants propose to erect a five
storey apartment building containg one hundred and seventeen
(117) units. This proposal was approved by Council on July
28th, 1982, following negotiation and execution of a site
plan agreement.
As required by the Ontario Municipal Board Rules of
Procedures, By-law 82-109 was circulated to government
agencies and adjacent property owners subsequent to its
approval by Council . During the circulation period for
* By-law 82-109, letters of objection (attached) were received
from the following:
1 . Basil Green and Elva Green
141 Liberty Street South, Bowmanville;
2. Howard C. Bradley,
137 Liberty Street South, Bowmanville;
3. Pastor Francis Mihelic, St. Joseph 's Church
127 Liberty Street South, Bowmanville
4. Gary Hallowell and Sandra Hallowell
139 Liberty Street South, Bowmanville
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Report No: PD-177-82 .. ./3
5. Dr. M. Michael , Commissioner of Planning
Regional Municipality of Durham
105 Consumers Drive, Whitby
6. C. R. Gray, District Manager
Ministry of Natural Resources,
322 Kent Street, Lindsay
Objection submitted by Basil and Elva Green
Basil and Elva Green have stated, very simply, that they do
not feel the proposed apartment building is appropriate
considering the nature of the neighbourhood. Planning staff
believe that the proposed apartment building is generally in
keeping with the general guidelines provided in both the
Regional and Bowmanville Urban Area Plans which relate to
the placement of higher density residential use. This
proposal is located in close proximity to a school , a
neighbourhood park, and fronts directly onto two arterial
roads. Staff believe the location in relation to the
arterial roads is particularly important when one considers
the relatively high volume of traffic that higher density
uses can generate. Planning staff can, therefore, not agree
with the objection submitted by Basil and Elva Green , given
the adjacent land uses and the proximity to arterial roads.
Staff feel that this location is well suited to the
development of higher density uses.
Objection submitted by Howard C. Bradley
In his letter of objection, Mr. Bradley has indicated that
he believes the rezoning will lower the value of his
property. Planning staff are not aware of any cases where
property values have depreciated in situations similar to
this, and feel that given that there is already one
apartment building in the neighbourhood and given the
previous use of this site, that being an automobile wrecking
yard, that the proposed development could possibly enhance
the value of Mr. Bradley's property.
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Report No: PD-177-82 .. ./4
Mr. Bradley has also expressed a concern relative to storm
drainage. Staff believe that the Site Plan Agreement
adequately deals with the question of storm drainage, and
every attempt has been made to match the contours of the
adjacent properties and to design storm run-off works in
accordance with the appropriate standards to eliminate
run-off from this site onto adjacent lands.
Objection submitted by Pastor Francis Mihelic on behalf of
St. Joseph's Church
Pastor Mihelic has indicated that the Roman Catholic
Episcopal Corporation has no objection to the By-law, but
that they would like assurance that the grading of the
affected lands would not affect the natural drainage or in
any way interfere with drainage on Church property. As
noted above, staff believe that the question of drainage is
a matter which has been the subject of considerable review
during the preparation of the Site Plan Agreement. Planning
staff suggest that St. Joseph's Church be advised that the
proposed Site Plan Agreement has been reviewed by Newcastle
Works Department, as well as the Ministry of Natural
Resources and the Central Lake Ontario Conservation
Authority and that the grading plan will not permit run-off
onto Church property.
Objections submitted by Sandra and Gary Hallowell
Sandra and Gary Hallowell based their objection on a number
of points. They have suggested that the development of an
apartment building would cause depreciation in the value of
their property. They are also concerned about a loss of
privacy and an increase in traffic flow. The Hallowells
share the concern of some of their neighbours that the
development of this site may result in problems with storm
drainage.
Report No: PD-177-82 .. ./5
Our staff position relative to the points raised by the
Hallowells has been outlined above, however, staff would
again point out that we feel the concern relative to
property value depreciation is unfounded. The site in
question was formerly used as an auto-wrecking yard. The
proposed apartment building will , undoubtedly, be a more
attractive neighbour than this former use. The concern
relative to an increase in traffic flow can only be answered
by again indicating that the most appropriate location for
higher density uses is on an arterial road. This proposal ,
as outlined above, fronts directly onto the two arterial
roads. This apartment building will , undoubtedly, create an
increase in traffic flow in and around the neighbourhood.
This traffic will , however, be diffused directly onto roads
which are intended to carry higher volumes of traffic. With
respect to the concern relative to storm drainage, staff
again suggest that the Site Plan Agreement effectively
eliminates any need for concern on this basis.
Objection submitted by Dr. M. Michael , Commissioner of
Planning, Regional Planning Department
Comments submitted by Regional Planning Commissioner, Dr.
Michael , outline the conformity of the proposal as it
relates to the affected Official Plan policies. The
proposal , as described in By-law 82-109, conforms to the
Durham Region Official Plan and it also conforms to the
Official Plan for the Bowmanville Urban Area, which was
adopted by Regional Council on July 7th, 1982. The Urban
Area Plan has not, however, been approved by the Minister of
Municipal Affairs and Housing, and the proposal does not
conform with the Official Plan of the Former Bowmanville
Planning Area.
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Report No: PD-177-82 .. ./C
As such, Dr. Michael has indicated that upon the disposition
of the Bowmanville Urban Area Official Plan by the Minister,
he will advise the Board of the Minister's decision.
Conformity of this proposal and By-law 82-109 is dependent
upon Ministerial approval of the appropriate sections in the
Bowmanville Urban Area Official Plan.
Objection submitted by Ontario Ministry of Natural
Resources
In a letter dated September 8th, 1982, the Ministry of
Natural Resources filed an objection to By-law 82-109.
Their concern related to the fact that a large portion of
the site fell within the limits of the Regional Storm. They
had indicated that they would be prepared to withdraw their
objection if the flood-prone portions of the property are
rezoned so that no buildings or structures are permitted.
In response to this objection, Planning staff advised
Ministry of Natural Resources personnel of the Site Plan
Agreement which is required as a condition of development of
this site. Ministry of Natural Resources staff have
reviewed the proposed agreement and have now indicated that,
upon receipt of a signed copy of the Development Agreement ,
accompanied by the approved site plan, they would withdraw
their objections to By-law 82-109.
COMMENTS:
In view of the fact that the subject proposal conforms with
the applicable Official Plan policies, and in view of the
fact that the Site Plan Agreement between Glenson
Investments and the Town addresses the residents ' concerns
in respect of drainage, and as far as possible their
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Report No: PD-177-82 . . ./7
privacy, staff are of the opinion that every reasonable
measure has been taken to mitigate impacts upon adjacent
land uses. We would only repeat our earlier comments that
this proposal complies with the planning principles
established by the Official Plan for the Bowmanville Urban
Area as approved by the Town and the Region. We must
therefore recommend that By-law 82-109 be forwarded to the
Ontario Municipal Board for approval .
Respectf ted,
T. T. Edwards, M.C.I .P.
Director of Planning
FA*TTE*mjc
0 ob r 12, 1982
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St. Joseph's Church
127 Liberty St. S. BOWMANVILLE - ONTARIO 416 --- 623-3233
LIC 2P5
David W.Oakes,A.M.C.T. August 23.1
Town Clerk
Town of Newcastle !�
40 Temperance St,
Bowmanville ,Ont. LIC 3A6 CLH,\ Jkl"A14MENT
AUG U"
TOWN OF IUVVCA�STLE
)W .4 'DEPARTMENT
RE: FILE No. 60-35-l3L(CLLHK0E�AU vj�NT
-----------------------
In reference to your File No. 60-35-130 the Roman Catholic
Episcopal Corporation,Peterborough Diocese has no objecti6n to
By-Law No. 82-109. But we request assurance
w n na e which now exist in order to
avoid back flooding on Church Parking Lot/'oi, ,property in case of
flash storms or spring thaw,also that existing drain be re-open. .
Respectfully Yours
Rev---- ------------
Fr rncis Mihelic , Pastor,
of St.JoSeph'ls Church,
127 Liberty St.S.Bowmanville,Ontario
LIC '2P5
LV _ 20)
Restricted Area By-law 82-109 August 31, 1982
Town of Newcastle
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Location: North side of Base Line Road, east of Liberty Street, Bowmanville
Urban Area, Town of Newcastle.
Proposal : To rezone the site from "C-Commercial" and "R-Residential" to "Special
Condition 21" to permit the erection of a 117-unit apartment
building.
Conformity with Official Plan:
The subject site is designated "Residential " in the Durham Regional
Official Plan. The proposal conforms.
In the Official Plan of the former Bowmanville Planning Area, the
subject site is designated "Low Density Residential" and "Hazard
Lands". The proposed high density residential development does not
conform. However, Regional Council on July 7, 1982 repealed the
Official Plan of the former Bowmanville Planning Area and adopted the
Official Plan for the Bowmanville Urban Area. The proposal conforms
to the recently-adopted Official Plan which has provisions for high
density residential uses on the site. The Official Plan for the
Bowmanville Urban Area is now before the Minister of Municipal Affairs
and Housing for approval. Accordingly, upon disposition of the
Official Plan by the Minister, we will advise the Board of the
Minister 's decision.
Services : Municipal water supply is available on the frontage of the site.
Sanitary sewer service is also available by way of an extension from
the existing sanitary sewer on Base Line Road. It is anticipated that
the Region 's requirements for the proposed development will be covered
by an appropriate servicing agreement.
r. M. Michael , M.C. P.
Commissioner of Pian ing
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SEP 2 1982
DURHAM August 31, 1982
TOWN Of NZWCASTLE
CLERK DEPARTMENT
The Regional
Municipality
of Durham
Planning
Department
Box 623
105 Consumers Dr.
Whitby, Ontario
Canada,LIN 6A3 Mr. D. Oakes, A.M.C.T.
(416)668-7731 Clerk
Town of Newcastle
D{ R. MICHAEL, M.C.I.P. 40 Temperance Street
Commissioner of Planning B owma n v i l l e , Ontario
L1C 3A6
Dear Mr. Oakes :
Re: Restricted Area By-la
Town of Newcastle
We have reviewed the provisions of the above by-law having
regard for the revised rules of procedure, effective
September 1, 1979, and the guidelines for Regional comments
as suggested by the Ontario Municipal Board.
A copy of our report is attached herewith.
- Yours very truly,
t
Dr. M. Michael , M.C. I P.
Commissioner of Planning D�ST��Iat�TxON
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HAND DELIVERED
Your file:
September 8, 1982 Our f e: ' 1
Mr. D.W. Oakes, A.M.C.T. , ,
Town Clerk
Town of Newcastle
40 Temperance Street
BOWMANVILLE, Ontario CLLK U60--'A RfMENT
L 1C 3A6
Dear Mr. Oakes:
SUBJECT: By-law 82-109; Town of Newcastle
Base Line Road at Liberty Street, Bowmanville
By-law 82-109 has been reviewed according to the mandate of
this Ministry. Due to our policies and under the terms of
Section 39(14) of The Planning Act, we must object to the
by-law as it now stands.
The subject by-law proposes to rezone a parcel of land in
the Town of Bowmanville to "Special Condition 21". Th±s
zone would allow a 117 unit apartment building. Aside from
yard setbacks, there are no restrictions on the location of
the apartment building within the property boundaries.
However, approximately one half of the property lies below
the limits of the Regional Storm. The potential extent of
this storm has been mapped for the Central Lake Ontario
Conservation Authority (C.L.O.C.A.) by an engineering study.
According to the Ministry of Natural Resources Hazard Lands
Policy (1979) , the development of lands which would be subject
to flooding under Regional Storm conditions should be pro-
hibited. This policy is designed to prevent loss of life and
to minimize property damage and social disruption during
flooding conditions. Therefore, we are opposed to the rezoning
of those portions of the subject property which lie below the
Regional Storm floodline.
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We would be prepared to withdraw our objection if the flood
prone portions of this property are rezoned so that no
buildings or structures are permitted. We would be happy to
meet with the developers and other involved parties to discuss
and resolve this matter.
. . .2
Page 2
September 8, 1982
Mr. D.W. Oakes
Please contact our office should you wish to arrange a
meeting.
Yours very truly,
C.R. Gray
District Manager, Lindsay District
322 Kent Street West
Lindsay, Ontario
K9V 4T7
1-705-324-6121
D. Shaver/nl
c.c. - Deputy Minister
- Assistant Deputy Minister, Southern Ontario
- Director, Land Use Co-ordination Branch
- Regional Director, Central Region
- Central Lake Ontario Conservation Authority
- Commissioner of Planning, Region of Durham
- Director of Planning, Town of Newcastle
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