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Home My WebLink AboutPD-94-93 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: DEV92049.GPA Meeting: General Purpose and Administration Committee File # Date: Monday, June 7, 1993 Res. PD-94-93 DEV 92-049 #~ #: File #: Subject: REZONING APPLICATION - DR. KAREN McPHERSON PART LOT 10 CONCESSION 1, FORMER TOWN OF BOWMANVILLE FILE: DEV 92-049 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the followlng: 1. THAT Report PD-94-93 be received; 2. THAT Rezoning Application DEV 92-049 submitted by The Greer Galloway Group Inc., on behalf of Dr. Karen McPherson, to permit an optometrists office and accessory apartment, be APPROVED; and 3. THAT the amending by-law attached hereto be forwarded to Council for approval; 4. THAT a copy of this report and the amending by-law be forwarded to the Region of Durham Planning Department; 5. THAT the amending by-law be circulated in accordance with regulations made under the Planning Act; and 6. THAT the Durham Region Planning Department, and all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: 1.2 Owner: 1. 3 Rezoning: 1. 4 Area: The Greer Galloway Group Dr. Karen McPherson From "Urban Residential Type One (R1)" to "Urban Residential Type One Special Exception (Rl-35)" which will provide for the conversion and addition to the existing single detached dwelling to an optometrist office and a second floor accessory apartment. 0.24 hectares 556 ....2 RECVCLED PAPEfl f1f~~~I~~lE n-HS IS PIl!NTEDON HECYCLED PAPER REPORT NO. PD-94-93 PAGE 2 2 . LOCATION 2.1 The subject property is located in Part of Lot 10, Concession 1, former Town of Bowmanville. The site has the following municipal address: 45 Liberty street North. 3 BACKGROUND 3.1 On October 29, 1992 an application was made to the Town of Newcastle to amend the Comprehensive zoning By-law 84-63, as amended to permit the establishment of a optometrist office and an apartment unit. The applicant proposes to convert the existing dwelling and build an addition to support these uses. 3.2 On January 18, 1993 a public meeting was held dealing with this application. No one spoke in opposition to this application. Since this time, the applicant has dealt with all agency comments and a site plan agreement has been prepared. 4 EXISTING AND SURROUNDING USES 4.1 Existing Uses: single dwelling residential unit 4.2 Surrounding Uses: East - Bowmanville High School West - Existing residential dwellings South - Existing single dwelling residential units North - Ingress/Egress to high school and existing single dwelling residential units. 5 5.1 OFFICIAL PLAN POLICIES within the 1976 Durham Region Official Plan the lands are designated "Residential Area" within the Bowmanville Major Urban Area. The predominant use of lands so designated shall be for housing purposes. Yet section 8.1.2.1 c) states that limited office and personal service uses may be permitted provided that it is not of a size which would detract from Central Areas and that the proposed use be desirable and compatible with the surrounding area.-~applicant .-is proposing to__comz:ert__the ex; st; ng. dwelling_________ ~) 57' ....3 REPORT NO. PD-94-93 PAGE 3 and build a 180 square metre addition for the purposes of an optometrists office. Part of the floor area will be converted to a residential apartment unit. Inasmuch as the applicant is proposing to use the existing structure, and the floor area will not exceed that which would warrant a Local Central Area designation. with respect to the desirability and compatibility of this use, one must consider that although the lands are located within a residential area, only the southerly boundary of the property directly abuts a dwelling unit. The property has direct access to Regional Road 14 (Liberty street), the high school is located to the rear of the property with the ingress / egress to the school lands on the north side of the subject site. As such, Staff believe that this proposal complies with the policies of the 1976 Regional Official Plan and Durham Region Planning Department concurs. 5.2 The 1991 Durham Region Official Plan, designates the lands as a "Living Area" within the Bowmanville Urban Area. section 10.3.1 b) of this Plan permits "limited office development and limited retailing of goods and services, in appropriate locations, as components of mixed use developments, provided that community and Local Central Areas are designated in the area municipal official plan, and the functions and characteristics of such Central Areas are not adversely affected." As noted above, the site environs are such that a more intensive use than solely a residential use may be supported on these lands with limited impact upon neighbouring properties. It is the intention of the owner to locate her business in this dwelling and to include an accessory apartment thus providing a mixed use. staff believe that this proposal will not detract from the function of the Main Central Area. Conformity with the 1991 Official Plan _______________~st_~ancL_.the --Durha11'L-. R~ionP lanning ~.m2ar:_tmenL_ hg~___QQnf :Lrm~d_______ this. ....4 ') ~ F\ -' ~ ~ REPORT NO. PD-94-93 PAGE 4 5.3 The subject lands are designated "Low Density Residential" within Bowmanville Neighbourhood 1C. section 7.2.1.2 ii) of this Plan states that certain community uses which are compatible with the surrounding uses may be permitted in residential neighbourhoods subject to the inclusion of appropriate provisions in the zoning by-law. To reiterate the above, this application complies with these policies. 6 ZONING BY-LAW PROVISIONS 6.1 According to the Town of Newcastle Comprehensive Zoning By-law 84- 63, as amended, the lands are zoned "Urban Residential Type One (R1). This zone permits residential development. A site specific zoning will be required to permit the proposal. Staff propose that the lands be zoned "Urban Residential Type One Special Exception Rl-35". This is a site specific zone permitting only the proposed uses and regulating the setbacks, parking, 'etc as per the signed site plan. 7 AGENCY COMMENTS 7.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following departments/agencies in providing comments, offered no objection to the application as filed: Town of Newcastle Public Works Central Lake ontario Conservation Authority Durham Region Planning Department Northumberland and Newcastle Public School Board Ministry of Natural Resources 7.2 The Town of Newcastle community Services Department requires 2% cash-in-lieu of parkland for the office component of this project. 7.3 The Town of Newcastle Fire Oepartment had no objection to the principle of the application, however, they require the submission ________________,_________ of.._de_taJ led.-dr aw ing_s~_nsur ing_tha t_._adewa t~_ex_i t~_~~ist_,,---gnd~naL.__.____ . . . . 5 :)~) 9 REPORT NO. PD-94-93 PAGE 5 the structure meets the requirements of the ontario Building and Fire Codes. 7.4 Durham Region Works Department requires a 3.05 metre road widening across the Regional Road #14 (Liberty street) frontage. Said requirement will be incorporated in the site plan agreement. 7.5 Newcastle Hydro-Electric Commission has advised that the lead time on the order of transformers may be as much as 6 months if one is required. 8 STAFF COMMENTS 8.1 The site plan application has been submitted, and the owner is prepared to enter into a site plan agreement. The site plan reveals that consideration has been given to the abutting residence as the driveway and parking area have been located abutting the entrance to the high school. 8.2 The residential use of the house will remain as the applicant proposes that the second floor be converted to an apartment unit. 8.3 Inasmuch as the site plan agreement will be entered into foreseeable future, Staff forward the attached zoning amending the zoning of the lands to Rl-35. in the by-law ....6 9 CONCLUSION 9.1 As the policies of the Durham and Town of Newcastle Official Plans have been complied with and the site plan agreement prepared, Staff forward this report and the attached by-law for Committee and Council's approval. 560 REPORT NO. PD-94-93 PAGE 6 Respectfully submitted, Recommended for presentation to the Committee dr~~~~ Franklin Wu, M.C.I.P. Director of Planning and Development HB*FW*cc *Attach 28 May 1993 Interested parties to be notified of Council and Committee's decision: Dr. Karen McPherson 45 Ashdale Cres Bowmanville, ontario L1C 3M8 The Greer Galloway Group Inc. 1415 King st. Courtice, ontario L1E 2J6 561 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 93-_ being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Town of Newcastle to implement application DEV 92-049. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Section 12.4 Special Exception - Urban Residential Type One (RI) is hereby amended by adding thereto the following new Special Exception 12.4.35 as follows: "12.4.35 Urban Resdiential Exception (Rl-35) Notwithstanding Section 12.1 and 12.2, those lands zoned "Rl-35" on the schedules to this By-law shall be used for a Medical Clinic and a dwelling unit as part of the structure containing this medical clinic in accordance with the following regulations: a) Interior Side Yard (minimum) 2.5 m b) Landscaped Open Space (minimum) 65 % 2. Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Urban Residential Type One (Rl)" to "Urban Residential Type One Special Exception (RI- 35)" 3. Schedule "A" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 1993. BY-LAW read a second time this day of 1993. BY-LAW read a third time and finally passed this day of 1993. MAYOR CLERK :)62 This is Schedule "A" passed this _ day to of By-law 93-_, ,1993A.D. LOT 10 CONCESSION 1 ..... ~ ~ <0 )... ..... ~ ~ -....J V/Ol ZONING CHANGE FROM IR1" TO "R1-35" Mayor. Cieri< II LOT 10 E z o R3 (/) R' (/) 'W BOWMANVILLE 563 o 50 100 200 300m ~.._~ I 150m 0 ~