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PD-11-94
Subject: REZONING APPLICATION AND SITE PLAN APPLICATION MARTIN TOPOLIE ON BEHALF OF HAROLD WAGG AND ARMAND YOUNG PART LOT 28, CONCESSION 11 FORMER TOWNSHIP OF CLARKE FILE: DEV 93 -043 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -11 -94 be received; 2. THAT application to amend the Comprehensive Zoning By -law 84- 63 of the Former Town of Newcastle, as amended, submitted by Martin Topolie on behalf of Harold Wagg and Armand Young be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; 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. APPLICATION DETAILS 1.1 Applicant: Martin Topolie 1.2 Owner: The Memorial Hospital Foundation 1.3 Rezoning: From "Holding - Urban Residential Exception ((H)R1- 30)" to a zone appropriate to permit the development of a 245.35 square metre funeral services establishment and 420.84 square metres for professional /medical offices. 1.4 Area: 0.42 hectares (4200 square metres) 2. LOCATION 2.1 The subject site is located at 386 Mill Street South in Newcastle Village. The property is located on the north -west corner of Mill Street South and Robert Street. ....2 �U� PAP -1- TH64 PRIP -D Q4 RECVCIED PAPER REPORT NO. PD -11 -94 PAGE 2 3 BACKGROUND 3.1 On December 8, 1993 the Planning Department received an application for rezoning and site plan approval for the above noted property to permit a funeral services establishment and professional /medical offices. It is proposed the two separate buildings will be created by demolishing the middle portion of the existing structure. The easterly building will be used for the funeral services establishment and the westerly structure for the professional/ medical offices. The applicant intends to sever the property with each lot supporting one use. 4 EXISTING AND SURROUNDING USES 4.1 Existing Uses: vac; 4.2 Surrounding Uses: . East - existing West - existing South - existing North - existing ant seniors care facility residential and Newcastle Public School residential residential residential 5 OFFICIAL PLAN POLICIES 5.1 The Official Plan for the former Town of Newcastle designates the land "Residential". Section 8.2.1.2. ii) c) states that certain community uses may be permitted to locate in residential areas provided they are compatible with the surrounding uses. 5.2 According to the 1991 Durham Region Official Plan, the designation of the subject property is "Living Area ". Lands so designated shall be used for residential purposes. Certain public uses may also be permitted provided they are compatible with the surrounding area. 6 ZONING BY -LAW PROVISIONS 6.1 According to the Comprehensive Zoning By -law 84 -63, as amended, of the former Town of Newcastle, the subject site is zoned "Holding - Urban Residential Exception ((H)R1 -30) ". Uses permitted on lands REPORT NO. PD -11 -94 PAGE 3 so zoned include residential, day care (maximum 400 square metres), medical or dental clinic (maximum 95 square metres) , community service use (maximum 500 square metres) and business, professional or administrative offices (maximum 235 square metres). Although a medical or dental clinic is permitted in this zone, it is noted that the maximum leasable floor area is 95 square metres. The applicant wishes to have 420.84 square metres for professional /medical offices. As such, an amendment to the Comprehensive Zoning By -law is required in that currently a funeral services establishment is not permitted and that an increase in the amount of floor area for the professional /medical offices is desired. 7 PUBLIC MEETING AND SUBMISSION 7.1 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. 7.2 Two residents have enquired about the proposal, one requesting more information and the other provided some detailed comments. These comments include a concern about the increase in traffic and on- street parking generated particularly by the funeral home. It was noted that construction of curbs would help to reduce damage within the road allowance. There was a concern about the distance between the Church and Robert Street intersection and the proposed southerly entrance onto Church Street. It was felt that there would not be enough space to allow queuing of traffic. Other concerns included screening, fencing and ensuring proper grading is achieved. Staff were advised that these concerns arose during a meeting the residents had amongst themselves. Both residents have been forwarded a copy of this Staff report. '.,la ....4 REPORT NO. PD -11 -94 PAGE 4 8 AGENCY COMMENTS 8.1 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: Local Architectural Conservation Advisory Committee (LACAC) Ganaraska Conservation Authority Ministry of the Environment 8.2 The Clarington Community Services Department requested that 2% cash -in -lieu of parkland be received and credited to the Parks Reserve Account. 8.3 The Municipality of Clarington Fire Department noted that alterations may be required to ensure the structures satisfy the Ontario Fire Code. It was requested that detailed drawings be forwarded to the Fire Prevention Officer for further review. The applicant is aware of this and was requested to forward the drawings. 8.4 Comments remain outstanding from the following agencies: Municipality of Clarington Public Works Department Clarington Hydro Electric Commission Durham Region Planning Department Durham Region Works Department Ministry of Transportation Ministry of Natural Resources 9 CONCLUSION 9.1 The purpose of this report is to facilitate the Public Meeting as required by the Planning Act, to provide Committee and Council with some background on the application submitted and for Staff to indicate issues or areas of concern regarding the subject application. It is recommended the application be referred back to Staff for further processing and subsequent report upon resolution of the above issues and receipt of all outstanding comments and required revisions. 5 X11 REPORT NO. PD -11 -94 PAGE 5 Respectfully submitted, Franklin Wu, M.C.I.P. Director of Planning and Development HB *FW *cc Attachment # 1 - Key Map Attachment # 2 - Site Plan January 26, 1994 Recommended for presentation to the�Co mittee, MA'rie Marano, Acting Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Memorial Hospital Foundation 47 Liberty Street South BOWMANVILLE, Ont. L1C 2N4 Martin Topolie 125 Cove Road BOWMANVILLE, Ont. L1C 3K3 Mr. Harold Wagg Mr. Armand Young c/o Murray Patterson NRS Edvan Realty NEWCASTLE, Ontario Nic Matesic 373 Mill Street South NEWCASTLE, Ont L1B 1C3 Bob Willsher 323 Church Street NEWCASTLE, Ont L1B 106 512 ATTACHMENT # /%i LOT 29 LOT 28 LOT 27 KING STREET ( HIGHWAY N° 2 ) ■CARTIER I ®FREEWAY 1� vl Z. - I � HIGHWAY N° 401 W U Z 0 0 100 200 300m KEY MAP 50m I I 513 ATTACHMENT #L I u I S I T E D A T A LONWG LOT 27 LOT AK6A(TOTD•4 )• I LOT 22 IGa,3e/n2 ((12151foF({)` I� 2634• I4 (9D bo1 pT ) 104 1/0 m ( 'i9(cl pT °) 641LOIIYI CDYERAlNE LNAF'EL /LQ5 p20F6hhIONA1. 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