HomeMy WebLinkAboutPD-177-81 Tu-sfE)
CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P.,Director
HAMPTON, ONTARIO 1_013 1J0 TEL. (416)263-2231
REPORT OF THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF
OCTOBER 26, 1981
REPORT NO.: PD-177-81
SUBJECT: Proposed Rezoning Z-A-2-12-6
Glenson Investments Ltd.
Pt. Lot 10, Concession 1
Bowmanville
Recommendations:
It is respectfully recommended:
1. That Report PD-177-81 be received; and
2. That the attached By-Law amending Restricted Area
By-Law 1587, as amended, be forwarded to Council
for approval at such time as the following
conditions have been satisfied.
i. The Owners have entered into an agreement
with the Regional Municipality of Durham
"to satisfy the requirements of the Region
financial and otherwise";
ii. The Owners have entered into a site plan
agreement with the Town of Newcastle which
shall "satisfy the requirements of the
Town financial and otherwise";
iii. The Owners have satisfied the technical
requirements of the Central Lake Ontario
Conservation AuthVoity and obtained all
necessary permits and approvals;
slF1
Report PD-177-81 Page 2
iv. The Minister of Municipal Affairs and
Housing has approved the Bowmanville
Urban Area Plan in a form which includes
a provision which would permit the
proposed development.
Background:
On July 22, 1981 staff received the above referenced application
for rezoning. The applicant, Glenson Investments Ltd. , are proposing the
construction of a one hundred and six (106) unit apartment building on
the north-east corner of Baseline Road and Liberty Street. The site
was previously used as a salvage yard but has more recently been vacant
and unused. An application for site plan approval has also been submitted
_ in respect of the subject proposal and is currently being reviewed by staff.
The subject site is designated as "Residential" by the
Bowmanville Urban Area Plan approved by Council on July 13, 1981.
Section 2.1.2 (iv) (c) and (d) provide guidelines in respect of high
density residential uses. In that regard, the maximum number of units
that could be permitted on this site would be 88. The proposal does
not conform and an amendment to the Urban Area Plan would be required.
In accordance with Department procedures the subject application
for rezoning was circulated to a number of departments and agencies for
review and comment. The response to this circulation is summarized below.
Durham Region
"Further to your request for comments on the above, please be
advised that the subject site is designated "Residential" in
the Durham Regional Official Plan. The proposal conforms.
Report PD-177-81 Page 3
With respect to the Official Plan for the former Bowmanville
Planning Area, the subject site is designated "Low Density
Residential" and "Hazard Lands". The proposed high density
residential development consisting of a 106-unit apartment
building would appear not to conform.
We note, however, that your Council on July 13, 1981, adopted
the Bowmanville Urban Area Plan as an amendment to the former
Bowmanville and Darlington Official Plans. The subject site
is designated "Residential" and "Major Open Space" with an
indication of hazard lands, in the Bowmanville Urban Area
Plan. The proposal would conform to the Urban Area Plan to
the extent that the subject property falls within the
Residential designation, once the boundaries of the Major
Open Space System and the Hazard Lands are more precisely
defined in consultation with the Central Lake Ontario
Conservation Authority. This of course would be contingent
upon the approval of the Urban Area Plan by Regional Council
and the Minister of Municipal Affairs and Housing.
Municipal water supply is available to the proposal through
the existing watermain on Baseline Road. Sanitary sewer service
can generally be provided to the proposal by the abutting sewer
_ on Liberty Street. However, after reviewing the topography of
the subject land, it has been determined that the southeast
portion of the site is low, relative to the abutting Liberty
Street sewer, and, therefore beyond the gravity catchment
area of said sewer. For this reason, if the proposed building
is to be located within the low lying area of the site, servicing
of the proposal will require a sanitary sewer extension along
Baseline Road from Lycett Street to the subject land.
Accordingly, in the event of approval of this application and
prior to the preparation of final site plans, it is considered
appropriate that the owner contact the Regional Works Department
to discuss servicing requirements.
In addition, we note that the subject site abuts Regional Road
No. 14 (Liberty Street) and the Region will require 3.04m
widening and 0.3m reserve on the Liberty Street frontage of
the subject land (as shown on the attached plan in red and
green respectively) .
We note also that the proposal to permit a 106 unit apartment
building represents an increase in the residential usage of the
subject property. In accordance with the Region's present
development policy, the payment of levies will be necessary.
It is respectfully requested that, in the event your Council
is favourably disposed to this application and prior to passing
the By-Law, the applicant be required to enter into an agreement
with the Regional Municipality of Durham, "to satisfy the
requirements of the Region, financial and otherwise."
Report PD-177-81 Page 4
Central Lake Ontario Conservation Authority
"The site of this proposed rezoning, required to permit the
construction of a 106 unit apartment building, has been
reviewed.
A majority of the subject land is prone to flooding under
regional storm conditions, the floodline being at an elevation
of 269.2 feet C.G.D., or 82.05 metres. As of this writing,
the Authority has reviewed preliminary submissions for the
site but has yet to receive engineering calculations which
indicate that the site can be developed in accordance with
our technical requirements.
In view of the above, it is recommended that the approval of
the required rezoning be deferred pending the submission of
information which is in conformity with floodplain management
policy."
Newcastle Building Department
"Accessibility to the north and east sides of the building for
fire department vehicles could be difficult because of the
parking spaces and width of the access lanes. The service..
lane is too close to the building to set the stabilisers on
the new aerial truck.
Some dwelling units are below grade contrary to Section 7.15
of zoning By-Law 1527, which states, "No basement or cellar,
or part of a basement or cellar of any building shall be used
as a whole dwelling unit."
The floor areas of the 1 bedroom apartments are 494-516 sq.ft.
as compared to the 600 sq.ft. required in the CRD, RM2 & R8
zones. One of the 2 bedroom units is slightly less than
present requirements."
Newcastle Works Department
I have reviewed the subject application and agreement and submit
the following comments.
1. That the owner dedicate to the Town a 10 ft. strip of land
abutting the property on Baseline Road, for road widening.
2. That the owner initiate proceedings for the closure and
conveyance of Pine Street.
Report PD-177-81 Page 5
3. That the owner enter into a cost-sharing agreement for
the upgrading of Baseline Road.
4. That the owner enter into a cost-sharing agreement to
provide sidewalks on Baseline Road for pedestrian access.
5. That the owner be advised of the present deficient storm
sewer system on Baseline Road and Liberty Street and be
required to enter into a cost-sharing agreement for
upgrading same to accept the additional contributed flow.
6. That the works be designed and constructed to the Town
of Newcastle's Design Criteria and Standard Drawings.
7. That the applicant apply for access from Baseline Road
and that the entranceway comply with the Town of New-
castle's Policy for Entranceway.
Newcastle Fire Department
"The fire department has no objection to the application for
rezoning.
In regards to the site plan and agreement, I would submit the
following comments:
The proposed building is located within an acceptable travel
distance, and emergency response time from Station #1,
Bowmanville.
Adequate water supply for fire protection is available through
10" and 12" water mains located on the Baseline Road. The
existing fire hydrants would require replacing with a 42"
pumper port, to accommodate the use of hi-volume fire hose
in conjunction with the water tower and aerial ladder fire
emergency unit.
In order for elevated units to operate with maximum efficiency,
the horizontal set back from a road or driveway to the building
face should not be in excess of 35 ft. with access to two sides
of the building, requiring controlled parking and landscaping
in these areas.
I would assume the areas to the left of the main lobby on the
first floor plan A.3, are for the elevators, the OBC does not
state necessary requirements for elevators.
I would note the transformer vault is located directly under the
main lobby entrance and exit (see OBC P.136 - 3.5.2.2) .
Building design and construction in accordance with fire safety
requirements OBC."
Report PD-177-81 Page 6
Comments:
Staff have reviewed the comments received through circulation
and note that most of the concerns can be adequately addressed through
the terms of a site plan agreement. Others, specifically those of
the Region of Durham and the Central Lake Ontario Conservation
Authority, will require further action on the part of the applicants
prior to approval of the requested rezoning. In any event, final
approval of such an amendment, to the restricted area By-Law, cannot
be given until such time as the Bowmanville Urban Area Plan, and an
amendment or modification thereto, have received provincial approval.
As the Committee is no doubt aware, the Bowmanville Urban Area
Plan is presently under review by the Region of Durham, and as the
Committee was advised on October 13, 1981, by Mr. Barry Micheals, the
applicant has submitted an application for an amendment thereto. At
the same time Mr. Micheals was requesting the Town to comment on
said amendment at the earliest possible opportunity. Inasmuch as the
amendment application was suggested by staff and we are familiar with
the intent of the amendment we have no difficulty in doing so at this
time.
As noted previously the present restrictions contained in the
Urban Area Plan would have the effect of limiting high density develop-
ment to 80 units per net residential hectare. Thus effectively
limiting the proposal to 88 units as opposed to the 106 units requested.
Similarly the plan would also require a transitional area of medium
density between the proposal and existing low density residential
Report PD-177-81 Page 8
the implications of reducing densities in other areas of Bowmanville
if our assumptions are proven wrong in the long run. On the basis
of the foregoing, which represents only a very preliminary review,
staff would have no objections to the proposed amendment to permit
a higher density. Staff note however, that this opinion may be
subject to change as further information is made available, by the
Region, in respect of the servicing constraints upon this site. Staff
would also suggest that no formal commitment be given, by the Town,
to the amendment request until that time and until we have had an
opportunity to review or prepare an amendment, the wording of which
will ensure that the underlying intent of the Urban Area Plan is
maintained.
Staff are satisfied, however, that all technical matters
related to this proposal can be resolved and that the development
of this site for the proposed use is appropriate and consistent
with the intent of the Urban Area Plan. Furthermore, we have
discussed the concerns of the various commenting agencies with the
applicant's agents who have indicated a willingness to comply therewith.
Therefore, given the applicant's desire for an early approval and
the apparent need for this type of residential unit within the
community, we are at this time willing to recommend to Council a
conditional approval of the subject proposal. Appropriate conditions
would include the following requirements to be satisfied by the
applicants:
Report PD-177-81 Page 9
(1) entering into a site plan agreement which addresses
the Town's specific requirements in respect of this site, financial
and otherwise;
(2) entering into an agreement with the Regional Municipality
of Durham in respect of municipal services, Regional Road widenings,
reserves and levies;
(3) satisfying the technical requirements of the Central
Lake Ontario Conservation Authority in respect of the site's flood
susceptibility; and
(4) Ministerial approval of the Bowmanville Urban Area Plan
in a form which includes a provision to permit the desired density.
- Res ectfull y �}
p `submttecT;
T.T. Edwards, M.C.I.P.
Deputy Director of Planning
TTE:ld
October 16, 1981
- r
THE CORPORATION OF THE
TOWN OF NEWCASTLE
By-law Number 81-
being a By-law to amend Restricted Area By-law
Number 1587, as amended, of the former Town of
Bowmanville.
WHEREAS the Council of the Corporation of the Town of Newcastle deems it
advisable to amend Restricted Area By-law Number 1587, as amended of the
former Town of Bowmanville.
NOW THEREFORE the Council of the Corporation of the Town of Newcastle
ENACTS as follows.
1. Map 4 of Schedule 'A' to By-law 1587, as amended, is hereby
further amended by changing to SPECIAL CONDITION 21 the zone
designation of the lands indicated as "ZONE CHANGE TO SPECIAL
CONDITION M" on the attached Schedule 'X' hereto and by
adding to the lands so indicated cross-hatching and the
figure 21 encircled.
2. Schedule 'B' to By-law 1587, as amended, is hereby further
amended by adding thereto the following:
SPECIAL CONDITION 21
Those parcels of land in part of lot 10, Concession 1
as shown on Schedule 'A' cross hatched and marked with
the figure 21 encircled shall be subject to the
provisions hereinafter contained and where there is
any conflict between the provisions hereinafter set
out and the provisions of By-law 1587, then the
provisions of this Special Condition shall apply,
but in all other respects, the provisions of By-law
1587, as amended, shall apply.
1.1 Defined Area
The area subject to this Special Condition is shown
cross-hatched with the figure 21 encircled on the
attached Schedule 'A' hereto.
-2-
1.2 Permitted Uses
No person shall use any of the lands within the
defined area or erect, alter or use any building
or structure on such lands except for one or more
of the following uses; namely;
- an apartment house
1.3 Zone Provisions
No person shall use any of the lands within the
defined area, or erect, alter or use any building
or structure on such lands for any purpose except
in accordance with the following provisions.
a) Lot Area (minimum) 1.0 hectare
b) Lot Frontage: Notwithstanding the provisions
of Section 3.62 hereof, for the purposes of
this by-law a minimum uninterrupted frontage
of 50.0 metres shall be required on at least
one of the two abutting streets.
c) Front Yard (minimum) 70.0 metres
d) Side Yard (minimum) 6.0 metres
e) Rear Yard (minimum) 6.0 metres
f) Minimum Floor Area Per Dwelling Unit
i) Bachelor dwelling unit 40.5 sq. metres
ii) One bedroom dwelling unit 55.5 sq. metres
iii) Two bedroom dwelling unit 70.0 sq. metres
iv) Three bedroom dwelling unit 80.0 sq. metres
v) Dwelling unit containing more 85.0 sq. metres,
plus an additional 7.0
than three bedrooms sq. m for each bedroom
in excess of 4.
g) Lot Coverage (maximum) 20%
h) Height (maximum) 20.0 metres
i) Landscaped Area (minimum) 25%
j) Play Area: One play area having a minimum area
of not less than 35.0 sq. metres shall be
provided and maintained on the same lot upon
which the principal use is located.
-3-
k) Parking: Notwithstanding the provisions of
Section 7.16 hereof, off-street parking
facilities shall be provided and maintained
on the same lot, upon which the principal
use is located, at a ratio of 1.3 parking
spaces per dwelling unit.
1) Basement or Cellar: Notwithstanding Section
7.15 hereof to the contrary, dwelling unit
may be permitted within that part of the
building which is located partially below
the finished grade of the lot adjacent to
the exterior walls of the building provided
that at least half of distance between
finished floor and finished ceiling of the
units is located above the finished grade
adjacent to the exterior wall.
3. This By-law shall come into effect on the date hereof subject
to the provisions of Section 35(10) of the Planning Act.
THIS BY-LAW READ A first time this day of , A.D., 1981.
THIS BY-LAW READ A second time this day of , A.D. , 1981.
THIS BY-LAW READ A third time and finally passed this day of
A.D., 1981.
G.B. Rickard, MAYOR
(seal)
David W. Oakes, CLERK
THIS IS SCHEDULE 'X' TO BY-LAW 81--,
PASSED THIS DAY OF A. D. 1981.
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