HomeMy WebLinkAboutPD-110-89DN: ARENDS
TOWN OF NEWCASTLE
REPORT File # o 4
Res.
By -Law #
NESTING: General Purpose and Administration Committee
DATE: Monday, May 1, 1989
REPORT #: PD- 110 -89
[,EMI ► •r : • .
SUBJECT: REZONING APPLICATION - TEADE ARENDS
PART LOT 11, CONCESSION 2 FORMER TOWN OF BOWMANVILLE
DEV 89 -16
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD- 110 -89 be received; and
2. THAT the rezoning application submitted by Mr. Teade Arends, to permit
an existing fourplex, be referred back to Staff for a subsequent report;
and
3. THAT the applicant be so advised.
1. BACKGROUND:
1.1 On February 24, 1989 the Planning and Development Department received
an application to rezone a parcel of land, known as 5 Bernard Street,
in the former Town of Bowmanville. The parcel currently supports a
fourplex which was erected in 1961. In order for the use to be
considered legal non - conforming, it must have predated By -law 1587
passed August 2, 1955. Therefore, the current use of a fourplex is
illegal.
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REPORT NO.: PD- 110 -89 PAGE 2
1.2 The application precipitated from an application to the Land Division
Committee, to sever the fourplex from an existing single family dwelling
as both structures are located on one lot. Staff had reviewed the
application with the provisions of By -law 84 -63 and had noted that the
subject lands were zoned urban Residential Type One (Rl). The retained
lands containing the single family dwelling appears to comply to the
zoning by -law. However, the severed lands, supporting the fourplex,
does not comply with the "R1" zoning provisions, since a fourplex is not
a permitted use. Staff was of the understanding that the use was legal
non - conforming status, therefore a variance application was required to
continue a legal non - conforming use on a new lot.
1.3 Subsequently, a variance application was submitted to the Town.
However, through numerous conversations with the applicant it
appeared that the use was established in 1961, therefore was not
legal under By -law 1587 or By -law 84 -63. The Committee of Adjustment
could not deal with the variance application which was subsequently
dismissed.
2. OFFICIAL PLAN CONFORMITY:
2.1 Within the Town of Newcastle Official Plan, the subject lands are
designated as 'Low Density Residential'. The use may be permitted
provided the overall density does not exceed 30 units per net
residential hectare. Staff have calculated the density and have
noted the density of the existing development is 27 units and therefore
appears to conform.
3. LOCATION AND SURROUNDING LAND USES
3.1 The subject lands are located on the east side of Bernard Street,
south of Third Street, municipally known as 5 Bernard Street, being
Part Lot 11, Concession 2, former Town of Bowmanville.
...3
3.2 The existing land uses adjacent to the proposed development are:
To the north: single family dwellings
To the south: C. P. Railway Right -of -way and open space
To the east: single family dwellings
To the west: a ten unit apartment building, currently under
an Official Plan Amendment and Rezoning to permit
the expansion of the apartment building to
forty -five units.
4. PUBLIC NOTICE AND SUBMISSIONS
3
4.1 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.
4.2 As of the writing of this report, no written submissions have been
received.
5. AGENCY COMMENTS
5.1 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:
- Newcastle Hydro Electric Commission
- Region of Durham Health Services Department
- Town of Newcastle Fire Department.
5.2 The Town of Newcastle Public Works Department, as a result of the
application for the apartment units to the west have requested that any
easements required, be granted to the Town free and clear of all
encumberances, and that road widenings be taken on the retained and
severed portions of Bernard Street.
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.+ _. P
5.4 The Central Lake Ontario Conservation Authority has concerns with the
possibility of flooding during a Regional Storm event or a 100 year
storm event. However, the Authority has not been made aware of the
storm sewer easement to be acquired over the applicants property to
drain the lands to the west. Until such time as the authority is able
to review the proposed easement, they are not prepared to recommend
approval of the rezoning application at this time.
5.5 Staff would note for the Committee's information that comments are
still outstanding from Canadian Pacific Railways.
6. STAFF COMMENTS
6.1 As noted earlier the lands are designated 'Low Density Residential',
the use would conform to the intent of the Official Plan policies. An
application directly to the west of the subject property would permit
the expansion of an existing apartment building from 10 units to 45
units. This proposal is subject to an Official Plan Amendment (File
No. 88- 106 /D) and a rezoning /site plan (DEV 88 -6) to permit a medium
density block. In that regard the applicant for this particular
project had to secure storm sewer easements over Mr. Arends lands.
Since the Conservation Authority is unable to review the storm sewer
easement proposal, drainage will remain an outstanding issue. Staff
would note that the proposal has been forwarded to the Authority for
their review.
504
REPORT N0.: PD-I10-89
___________________________________________________________
PAGE 5
7.1 Given the above-noted information, Staff would respectfully recommend
the application be referred back to Staff for further processing.
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu' M.C.I.P.
Director of Planning 6 Development
CRV*FW*oo
*Attach.
April 31' 1989
LaVre
Chief
taeft
rative officer
INTERESTED PARTIES TO BE ADVISED OF COMMITTEE'S AND COUNCIL'S DECISION:
Mc. and Mrs. T. Aceodo
5 Bernard Street
B{8WMA0VILQO/ Ontario
LIC 2X5
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