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Home My WebLink AboutPD-97-93 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: DEV93012.GPA PUB L I C M E E TIN G Meeting: General Purpose and Administration Committee Date: Monday, June 21, 1993 PD-97-93 #: F'I DEV 93-012 le#: File # Res, # ~brJ/J-3g51-9f3. # Subject: REZONING APPLICATION - VICTOR HANC PART LOT 11, CONCESSION 1, FORMER TOWN OF BOWMANVILLE FILE: DEV 93-012 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-97-93 be received; 2. THAT application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Russ Gibson on behalf of victor Hanc be DENIED; and 3. THAT the Durham Region Planning Department, and all interested parties listed in this report and any delegation be advised of Council's decision. 1.4 Area: DETAILS Russ Gibson victor Hanc From "Urban Residential Type One (R1)" to a zone appropriate to permit a driveway onto Queen street to provide additional parking and an accessory structure, all of which are in association with a proposed restaurant fronting on King street. The proposed restaurant with a second storey 3 (three) bedroom apartment conforms to the zoning by-law and is not subject to this application. 763 square metres 1. APPLICATION 1.1 Applicant: 1.2 Owner: 1.3 Rezoning: 2. LOCATION 2.1 The property subject to this rezoning application is located within Part of Lot 11, Concession 1, former Town of Bowmanville. The site ---------____ __________ po sse sse s .the..._foll.ow:illg-1nllU.icipaL_address-i_2B._....Que.ell-stre..e.:t+__..and___i s._______ situated just west of Liberty street. ....2 "'" , ~.u I RECYCLED PAPER R~~~I~EE Tl-HS IS PRiNTED ON RECYCLED PAPEIl REPORT NO. PD-97-93 PAGE 2 3 EXISTING AND SURROUNDING USES 3.1 Existing Uses: single family dwelling to remain 3.2 Surrounding Uses: East - Single Family Residential West - Single Family Residential South - Semi Detached Residential units North - Existing vacant commercial property on which a site plan application has been submitted proposing the associated restaurant and residential unit (181 King st.). 4 OFFICIAL PLAN POLICIES 4.1 within both the 1976 and 1991 Durham Plans the lands are designated Main Central Area. These areas shall provide an array of community, office, service and shopping, recreational and residential uses. As such, this proposal conforms to these plans. 4.2 According to the Town of Newcastle Official Plan the lands are located within the Low Density Residential component of the Bowmanville Main Central Area. Lands so designated shall be used for residential purposes and this Official Plan further states that "It is the intent of the Council to maintain the character of' those lands designated Low Density Residential". Use of this land for driveway or access purposes appears to conform to the Official Plan, however, uses such as parking or an accessory structure associated with the restaurant would require an Official Plan Amendment. 5 ZONING BY-LAW PROVISIONS 5.1 According to the Town of Newcastle Comprehensive Zoning By-law 84- 63, as amended, the lands subject to the rezoning application are zoned "Urban Residentiai Type One". Lands so zoned shall be for predominantly residential uses. Parking and accessory structure for commercial use is not permitted. ( r I:~- ; \ --~ ,J'J L REPORT NO. PD-97-93 PAGE 3 6 PUBLIC MEETING AND SUBMISSION 6.1 Pursuant to Council's Resolution of July 26, 1982 and the requirements of the Planning Act the appropriate signage acknowledging the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within the prescribed distance. 6.2 A number of neighbours have visited the Planning Department enquiring about this application. Many of these people were concerned that th property would be used as a parking lot. Further, a letter was received from the property owner directly abutting the subject lands. This landowner is opposed to this application for a number of reasons. Firstly, he notes that if the egress is to be constructed it would create a hazard for pedestrians as it would exit between two residential dwellings which are located very close to the only sidewalk on this part of Queen street. He also notes the proximity of this entrance to the intersection of Queen and Liberty streets stating that there have been numerous accidents at this corner. An increase in the amount of traffic would be in his opinion hazardous. Concerns about the noise, dirt and debris from the driveway and the impact on his property were mentioned, particularly since his house is located very close to the property line. Lastly, he noted that the owner has mentioned that a gate may be erected between the commercial and residential properties to allow for emergency access to the restaurant. The neighbour is vehemently opposed to the erection of a gate for either pedestrian or vehicle traffic. 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 Fire Department Town of Newcastle Local Architectural Conservation Advisory Committee (LACAC) ....4 ii, l jJ REPORT NO. PD-97-93 PAGE 4 7.2 Comments were received from the Central Lake ontario Conservation Authority. Although they have no objection in principle to this application they did note that grading must be designed so that storm water would be contained on the subject property and would not affect adjacent lands or buildings. Sediment control measures must also be installed to prevent sediment from washing off the property during development. Revised plans reflecting these comments must be prepared and submitted satisfying the Town of Newcastle and Conservation Authority. 7.3 Comments are outstanding from the following agencies: Town of Newcastle Public Works Town of Newcastle community Services Newcastle Hydro Electric Commission Durham Region Planning Department Durham Region Works Department Ministry of Natural Resources 8 STAFF COMMENTS 8.1 It is noted for the Committee's information that the Ministry of Municipal Affairs, in commenting on a previous application within the Main Central Area (United Counties) stated that they would not consider future site specific amendments thereby extending the commercial component of the Main Central Area until such time asa development plan for the Bomwanville Main Central Area is prepared. 8.2 A proposed entranceway for a commercial use exiting in a predominantly residential area poses serious problems with respect to the safety of pedestrians on the sidewalk of Queen Street. Firstly pedestrians would not anticipate commercial traffic between two residential dwellings. Secondly, the two abutting residential dwellings are situated very close to the sidewalk limiting the visibility of the pedestrian with respect to cars exiting the proposed driveway. In consideration of this application, the _.____________________c_______~_~!_~!x__oi__1:!1~___<J~_~~~~~_E~_l i ~_~~_~~_E~E~_~~':l_~!__ illlP~E_!~_I1_~e:_~E~_~~_!!1~_t_____ basis alone, the application should not be approved. ....5 r-, l IJU4 REPORT NO. PD-97-93 PAGE 5 8.3 This report is prepared for the purpose of a public meeting under the Planning Act and normally Staff would recommend the application be referred back to Staff for further processing. However, due to the safety concern of a commercial driveway through a residential area, Staff is of the opinion that this is a problem which is unlikely to be resolved nor can it be supported by Staff. Further processing of this application would appear futile and would not be to the best interest of all parties. Therefore, it is recommended that this rezoning application be DENIED. Respectfully submitted, Recommended for presentation to the Committee r~lv( ~ Franklin Wu, M.C.I.P. Director of Planning and Development HB*FW*cc Attachment # 1 - Attachment # 2 - Key Map site Plan 15 June 1993 Interested parties to be notified of Council and Committee's decision: victor Hanc 12 Little Avenue Bowmanville, ontario L1C 1J6 Ken Lynch 24 Queen Street Bowmanville, ontario L1C 1M2 Russ Gibson Abbott Gibson Technical Group Inc 172 King Street East Oshawa, ontario L1H 1B7 , (, r c" I I Jh. J ',_) ATTACHMENT #1 _ SUBJECT SITE ~ OTHER LANDS OWNED BY APPLICANT I ~~~ \)\)~ BOWMANVILLE KEY MAP ee:y;--9S---6-t2 ~ I' I I - o r---- 500m 500 1000 m I I I ~!. ~ !,) rih '- ~} '- :' ~:~ i,\ 'I , '. r ~ Of", ~ ~ ''''L ! 0 tl8,. ";> 'Oi f .E ... ....... .(,,J r~O\\- i'C';; fiO, .:;F{ .~.j 2~'? 1>1:!" 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