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HomeMy WebLinkAboutPD-67-94THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Subject: REZONING APPLICATION AND SITE PLAN APPROVAL APPLICATION APPLICANT: HAROLD WAGG AND ARMAND YOUNG PART LOT 28, CONCESSION 1, FORMER VILLAGE OF NEWCASTLE 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 -67 -94 be received; 2. THAT the application to amend Comprehensive Zoning By -law 84- 63 of the former Town of Newcastle, as amended, to permit the development of a 245.35 square metre funeral services establishment and a 420.84 square metre medical /professional office be APPROVED; 3. THAT the attached By -law be forwarded to Council for approval; 4. THAT the Holding (H) symbol be removed once the applicant has entered into a Site Plan Agreement with the Municipality; and 5. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicants: Harold Wagg and Armand Young 1.2 Agent: Martin Topolie 1.3 Owner: The Memorial Hospital Foundation 1.4: Rezoning: From "Holding - Urban Residential Type One - Special Exception ((H)R1 -30)" to an appropriate zone or zones in order to permit the development of a 245.35 square metre funeral service establishment and a 420.84 square metre professional /medical office. 1.5 Area: .42 hectares (1.03 acres) ....2 J p P PE EO Aa E° ECY THIS B PREMED U4 RECYCLED PAPER REPORT NO. PD -67 -94 PAGE 2 2. BACKGROUND 2.1 In December of 1993, the Planning and Development Department received an application to amend Zoning By -law 84 -63 in order to permit the above noted proposal. 2.2 The lands subject to the application are situated on a .42 hectare (1.03 acre) parcel of land located on the north side of Robert Street between Church Street and Mill Street but is more formally described as Part Lot 28, Concession 1 in the former Village of Newcastle. 3. PUBLIC NOTICE AND SUBMISSIONS 3.1 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. 3.2 A Public Meeting was held on February 7, 1994 at which time the applicant's agent addressed Committee. No area resident appeared either in support of or in opposition to the proposal. 3.3 However, as a result of the public notification process, Staff have received two (2) letters in support of the proposal from the Newcastle Village B.I.A. and the Newcastle and District Chamber of Commerce. In addition, there was one letter of objection and a second letter suggesting certain changes with respect to parking, fencing and entrance. Copy of all letters are attached to this report. 4. OFFICIAL PLAN CONFORMITY 4.1 Within the Durham Regional Official Plan; the subject property is designated "Living Area ". The predominant use of lands so ....3 J f REPORT NO. PD -67 -94 PAGE 3 designated shall be for residential purposes although certain public uses may also be permitted provided the uses are compatible with the surrounding area. Within the Official Plan for the former Town of Newcastle, the subject property is designated "Residential" which requires the predominant use of the land to be residential. However, Section 8.2.1.2 ii) c) allows certain community uses within the residential designation provided the uses are compatible with the surrounding area. Therefore, it would appear that the application conforms with both the Regional Official Plan and the Municipal Official Plan. 5. ZONING BY -LAW COMPLIANCE 5.1 Within Zoning By -law 84 -63, as amended, the subject property is zoned "Holding - Urban Residential Type One - Special Exception ((H)R1 -30) which would permit the use of the land for a single family dwelling, a semi detached dwelling, a day care (maximum 4000 square metres), a medical or dental clinic (maximum 95 square metres), a community services use, or a professional /administrative office (maximum 235 square metres) . Although a medical or dental clinic, as proposed, is permitted within the zone category, Staff note that the zone category permits a maximum of 95 square metres of leasable floor area. The applicant is proposing to develop 420.84 square metres of leasable floor area and add a Funeral Services Establishment as a permitted use. Therefore an amendment to Comprehensive Zoning By -law 84 -63 is required. 6. AGENCY COMMENTS 6.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. Following provides a brief synopsis of the comments received. ....4 9 J REPORT NO. PD -67 -94 PAGE 4 6.2 The Public Works Department has reviewed the application and advised that they have no objection to the proposal subject to several regulatory conditions regarding grading, drainage, site triangles, parking and road widening. However, Staff advise for the Committee's information that the above noted conditions will be imposed through the site plan approval process. 6.3 The Fire Department has reviewed the application and advised that they have no objection to the proposal but note that at the site plan approval stage, alterations may be required to ensure the structures satisfy the requirements of the Ontario Fire Code. 6.4 The Community Services Department has advised that they have no objection to the application subject to the 2% cash -in -lieu of parkland dedication requirement being credited to the Parks Reserve Account. 6.5 The balance of the agencies which provided comments were the Regional Planning Department, Ganaraska Region Conservation Authority, Local Architectural Conservation Advisory Committee, Ministry of the Environment and Energy and Ministry of Natural Resources. None of the aforementioned agencies have provided negative comments with respect to the proposal. 7. STAFF COMMENTS 7.1 The application has been reviewed in relation to the Official Plan, the Comprehensive Zoning By -law, the surrounding area and the comments and input received through the public notification process. 7.2 The zoning on the subject property is "Holding - Urban Residential Type One - Special Exception ((H)R1 -30)" which ....5 REPORT NO. PD -67 -94 PAGE 5 would permit a variety of uses previously noted in Section 5 of this report. The proposed use of the property, in part, as a Funeral Services Establishment can be considered as similar in nature to the uses currently permitted by the zoning by- law. In addition, it would appear that the site is large enough to warrant increasing the maximum leasable floor space for a professional /medical office to 420.84 square metres. 7.3 With respect to the issues raised by the residents, Staff met with Mr. Bob Willsher on June 3, 1994 to discuss the following matters. On the matters of grading, drainage and landscaping, Staff advised that these requirements will be incorporated in the site plan agreement to ensure adjacent properties would not be adversely affected. With respect to the proposed access on Church Street, Staff concurred with the residents' concern that the proposed access is situated too close to the intersection with Robert Street. In this regard, the applicant has been made aware of this concern and has agreed to revise the site plan to have the funeral establishment and the medical /professional office both using the same entrance on Robert Street. In addition, the applicant has agreed to appropriately screen the abutting residential properties through a combination of landscaping and fencing with input from the abutting property owners. This matter will be implemented through the subsequent site plan agreement. 7.4 The objection raised by Mr. Matesic primarily relates to impact on property value. Staff are not aware of any known scientific study that could substantiate Mr. Matesic's claim. Staff are satisfied that the proposed uses are compatible with the surrounding uses given the site plan agreement would provide for the provision of mitigating measures to alleviate the potential impacts. ....6 .J I- REPORT NO. PD -67 -94 PAGE 6 7.5 Staff advise for the Committee's information that the applicants have also applied to sever the property in order to create separate parcels for the funeral home and the medical /professional office. Therefore, the attached zoning by -law provides two new special exceptions to the R1 zone category since the uses will be situated on separate lots. 7.6 The first exception is an amendment only to the text and repeals and replaces the provisions of the R1 -30 zone category. The new provisions would facilitate the severance of the subject property and add a Funeral Services Establishment as a permitted use in addition to the existing uses permitted in the R1 zone. 7.7 The second exception creates a new zone category (R1 -38) which would facilitate the severance and would add, as a special exception, a medical /professional office as a permitted use. 8. CONCLUSION 8.1 In consideration of the comments contained within this report, Staff would have no objection to the approval of the attached by -law amendment, as applied for. Staff note that the Holding (H) symbol will be removed by By -law once the applicant has entered into an agreement with the Municipality to address the issues previously cited in this report. Respectfully submitted, Franklin Wu, M.C.I.P. Director of Planning and Development WM *FW *cc Attachment #1 - Key Map Attachment # 2 - Survey Reviewed by, W. H. Stockwell Chief Administrative Officer June 10, 1994 ....7 J REPORT NO. PD-67-94 PAGE 7 Interested persons to be notified of Council and Committee's decision: Memorial Hospital Foundation 47 Liberty Street South BOWMANVILLE, Ontario L1C 2N4 Mr. Harold Wagg Mr. Armand Young c/o Murray Patterson NRS Edvan Realty 85 King Street West NEWCASTLE, Ontario L1B 1L2 Rex Walters 45 Division Street BOWMANVILLE, Ontario L1C 2Z5 Bob Willsher 323 Church Street NEWCASTLE, Ontario L1B 106 Nick Matesic 373 Mill Street South NEWCASTLE, Ontario L1B 1C3 Martin Topolie 125 Cove Road BOWMANVILLE, Ontario L1C 3K3 Newcastle and District Chamber of Commerce 20 King Street West Unit 6 NEWCASTLE, Ontario L1B 1H7 Newcastle Village B.I.A. 20 King Street West Unit 10 NEWCASTLE, Ontario L1B 1H7 Bruce Ball, 24 Meadowview Blvd. BOWMANVILLE, Ontario L1C 2H1 ATTACHMENT #1 LOT 27 S I T E D A T " A LoNwG (N) RI-bo GOT Av4A(tOToL)' �}Y84•(n6 /A1 (45roggF1 %)• PART KT 7' ((12161& �T4) 20�q• 19 QC49 \v101.rriH4 164 ,Ito /tit ( 'igfol T1) 941LOIrK, C'N61264f. LNAPkL 106 . b9 /1�1 ( 2,&41 f11) ACOUNO FLOOR Iq0 .29 //.L ( 1610 FT2) 'pT1)• DA$a #'eraj �LONv R"V- Iq0 .2Et..t ( ItNo C (9hbo FT %) . 'A cov:0A4e 4.ra 9, ' LAuVhLA�EO q¢GA I(c G2, �I a.t ' OF LOS 42.07 '/ + ('A,tEOA¢EA Igh4.'?B /tie KN R FI WkEv GN0 eL y y „ y o 6rA wl 1oN AL/IEO,N SL,. % 5wlyrT h l%yL(iJ F'A21ti104. paov„ v CHAPEL 42 hPALES • PfnGE /hiONAL� //61%rAL GL7A• I6 PAG6'/ S I T E .. ' P C A N ATTACHMENT #21 LOT ,22 ROBERT • ST R E E T SURVEY NOTE h111C1 •IN fORM G51AIL GF ou.OF VkLAyb laT: lat.},26, .1 s a� A -+O r"Atfi OF 11^.A4E WT 20 Ctar. Iii +auoa0l•�� Tc c.,.lu I.NIY�b "OF p v:TOFLOT28 CoICEyloa 1lww.Et VILLd P OF rOWabTLe)HO.V WIT14 s T1l6 Lrl.-11'.*V& /u1NWIPALITY,of GLAR+.x{(Oa;�'1{,,KUeL /-J-5",.eA41YOP W914Wk1p�e„T'IJHLLtCAA115.LTri, BILEb1112.5 NOV•2c, iqq L2.3�4 BENCHMARK NOTE LEGEND Q wzsB '© A6rRALT PAVE //,EAT 0} iaTECLctir lux, vee', PAVeeS t�uiW k FLIT •( '.�1j i I ` W W I ix I � ti N + J J NEWCASTLE VILLAGE BUSINESS IMPROVEMENT ASSOCIATION 20 KING STREET WEST, UNIT 10, NEWCASTLE, ONTARIO L113 1H7 FED I � PN February 4, 1994 Municipality of Clarington, 40 Temperance Street, Bowmanville, Ontario. L1C 3A6 ,x!1;,;1•,, -;<,,, .-,,1 ,,';,; -• -,�! Re: Proposed z:.onirg change - 386 Mill Street S., Newcastle To Whom It May Concern: Please accept this letter on behalf of the Newcastle Village Business Improvement Association as notice we are in favour of the proposed zoning by -law amendment that would allow rezoning of the property at 386 Mill Street S., Newcastle to permit the development of a funeral chapel and medical centre. Yours truly, Maureen Mumford , / 9 Secretary .,lL� O C Newcastle, Ontario FES q 1 49 ri'I 901] February 4, 1994 Municipality of Clarington 40 Temperance Street BOWMANVILLE, Ontario L1C 3A6 RE: Proposed zoning change for 386 Mill St. S. , NEWCASTLE To whom it may concern; The Newcastle and District Chamber of Commerce would like you to accept this letter as notice that we are in favour of the proposed zoning by law amendment that would allow rezoning of the property at 386 Mill St. S., Newcastle, Ont. to permit the development of a funeral chapel and medical offices. Sincerely, G. L. Bailey Secretary Newcastle and District Chamber of Commerce J�/ Robert L. Willsher 323 Church Street Newcastle, Ontario LIB 1CG Mr. F. Wu Director of Planning and Development Municipality of Clarington Temperance Street Bowmanville, Ontario Dear Mr. Wu: April 27, 1994 MAY 0 1994 Re: Dev 93 -043 Mill/Robert/Church Streets, Newcastle Village This letter is submitted on behalf of the majority of neighbours adjacent to the subject property and as listed on the attached appendix. The residents in the area of the subject property have no objections to the proposed rezoning and requested land use. They also have no objections to the severance of the property into two parcels to accommodate the proposed use of this property. Specifically, the residents have no difficulty with the proposed Funeral Home use and Medical Offices. This is based on the applicant meeting all requirements specified by the Municipality of Clarington bylaws. We have met to discuss the proposal and wish to have the following considered by Council and the Planning and Development department: i a)/Some residents have concerns with respect to increased traffic flow and parking in this residential area. The area bounded by Robert, Church, James and Mill Streets does not permit on street parking. With large funerals this could present a problem. Some residents have indicated that they will seek bylaw enforcement if this becomes a disruptive factor. Council should consider street upgrading earlier than currently being considered. b) Residents are concerned that the proposed entrance to the Medical Offices, to be located off Church Street, represent a potential hazard to traffic and pedestrians. It is proposed to locate the entrance just north of the Church/Robert intersection. We believe the entrance to the Funeral Home and Medical Offices should be examined and both located off Robert Street. c) It is expected that the appropriate Municipal department will ensure that any site changes, specifically those planned to create the paved parking areas, will not create any surface water flow impact on adjacent properties. J�� -2- Re: Dev 93 -043 Mill/Robert/Church Streets, Newcastle Village d) The developer has promised to provide appropriate fencing and will consult with adjacent. property owners with respect to style and height. As can be appreciated, the nature of the funeral business is such that adjacent property owners will want to ensure minimal impact on their current privacy and enjoyment of their land. Screening to ensure this privacy has been promised by the developers. Specifically, the receiving area at the rear of the Funeral Home will require attention in the site plan, as will fencing to the north and east property lines. Although single - family dwelling is the preferred use of this property, the residents understand that cost recovery of such an investment is difficult. We are anxious to have the vacant building rehabilitated and put back into use. The continuing deterioration of the building and the poor maintenance of the landscape is of concern to us. We have viewed the drawings presented by the developer and we believe the changes will enhance this property and reduce the density of building floor space on the land creating a more open appearance. With our support of this rezoning, with the concerns indicated above, we would request involvement with your staff as the site plans are finalized. We would also encourage assistance being offered to the developer to have the project begin as soon as possible. Please contact me if should you require further clarification of our position concerning this matter. On behalf of the residents. Sincerely, Robert L. Willsher cc: Mr. M. Patterson, NRS Edvan Realty Residents per list attached Mayor D. Harare Councillor A. Dreslinski Councillor D. Scott �L7 Re: Dev 93 -043 Appendix A Judy Miklos, 401 Church St. Newcastle LIB IC6 Mr. & Mrs. P. Pasquet, 356 Church St. Newcastle LIB IC6 Mr. & Mrs. D. McManus, 334 Church Street Newcastle L1B 106 Mr. & Mrs. R. Perry, 311 Church Street Newcastle L1B 106 A. Scarlett, 323 Mill Street Newcastle LIB IC3 Mr. & Mrs. J. Amaral, 347 Mill Street Newcastle LIB IC3 L. Graham, 340 Mill Street Newcastle LIB IC6 Mr. & Mrs. J. Milne, 400 Mill Street South Newcastle L1B IC6 J. Dawson, 82 James Street Newcastle LIB IC6 I. Rappaport, 330 Church Street L1B 106 D. McNevin, 329 Church Street Newcastle LIB IC6 A. Langley, 329 Church Street Newcastle LIB IC6 Mr. & Mrs C. Crowther, 355 Mill Street Newcastle LIB IC3 Mr. & Mrs. R. Willsher, 323 Church Street Newcastle LIB IC6 J�U �.D4 W EL 1 4 _ '2 February 2, 9994 Mr. Franklin Wu Director of Planning and Development The Corporation of the Municipality of Clarington 40 Temperances Street Bowmanville, Ontario LiC 3A6 Dear Mr Wu, RE: Rezoning Application Rile No. DEV 93 -043 P _ Fi 2 May 1 extend my appreciation in receiving a copy of report PD -11 -94 regarding the above mentioned application for rezoning and site plelt rut u Eatoblichmant and Professional / Medical Offices. I myself have similar concerns as stated in the above mentioned report and am presently attempting to contact Bob winsner to review them. To data, l Irdvv rjot had a meeting with him as it mistakenly stated in the report. 1 have discussed this matter with Murray Patterson of Edvan Realty in Newcastle and expressed several new concerns. l have conducted an unsclentlttc survey by posing the following question to people; "Would it bother you to live across from a Funeral Service Establishments ". I recelved negative feedback, more than 60% of those asked said it would bother them or their family members. This may not be accurate but it does raise the question of future property value. 1 would appreciate any statistics or study available regarding residential property value in and around existing Funeral Service Establishments. Unfortunately, i will be out of the County during the scheduled moeting on Monduy February 7, 1994, May 1, by way of this letter, request to schedule another meeting so i can express my concems In person. My wife is also unable to attend due to her work schedule. Perhaps another meeting can be scneauree once any rnruflomuvil jvV,7, +' „y proparEy voluo rt ob�flindtr. I thank you for your cooperation in this matter, and I look forward to hearing fio!)7 you. Respectfully, Nick Matesic cc: gob Wfilshor, NAwna.sll,* Murray Patterson, Edvan Realty 131 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 94- being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the former Town of Newcastle. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By -law 84 -63, as amended, of the former Town of Newcastle. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule 12.4 "Special Exception - Urban Residential Type One (R1)" zone is hereby amended by repealing Special Exception 12.4.30 in its entirety and adding thereto the following new Special Exceptions 12.4.30 and 12.4.38 as follows: "12.4.30 URBAN RESIDENTIAL EXCEPTION (R1 -30) ZONE Notwithstanding Sections 12.1 and 12.2, the lands zoned R1 -30 on the Schedules to this By -law, in addition to the other uses permitted in the Urban Residential Type One (111) zone, may be used for a Funeral Services Establishment and shall be subject to the following zone regulations" a) Leasable Floor Area (maximum) 250 square metres." 12.4.38 URBAN RESIDENTIAL EXCEPTION (R1 -38) ZONE Notwithstanding Sections 12.1 and 12.2, the lands zoned R1 -38 on the Schedules to this By -law, in addition to the other uses permitted in the Urban Residential Type One (R1) zone, may be used for a Medical or Dental Clinic or a Business, Professional or Administrative Office and shall be subject to the following zone regulations: a) Leasable Floor Area (maximum) 425 square metres." 2. Schedule "5" to By -law 84 -63, as amended, is hereby further amended by changing the zone designation from: "Holding - Urban Residential Type One - Special Exception ((H)R1 -30)" to "Holding - Urban Residential Type One - Special Exception ((H)R1 -38)" 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 1994. BY -LAW read a second time this day of 1994. BY -LAW read a third time and finally passed this day of 1994. CLERK JJ� This is Schedule t to By—law • 1 passed day of 1994 aV J Mayor rn N 3 eO N M Ki W L N71d20'2U'E 77.45 - ROBERT STREET ZONING CHANGE FROM (H)R1 -30" TO "(H)R1 -38" ® ZONING TO REMAIN "(H)R1 -30" 0 10 20 30m tam Clerk LOT 29 LOT 28 LOT 27 KING STREET ( HIGHWAY N° 2 ) -- - -- ci , - _' C1 C1 EMILY R2 '� R2 I R11 R2 EP RI 09ERT MR] I 1 RI I O I ■CARTIERIMMfREEWAY HIGHWAY N° 401 N 4 W Mi EP 11 q A O ON EP M1 I) NEWCASTLE VILLAGE J j 3 o 100 200 300 m 100 m