HomeMy WebLinkAboutPD-136-89DN: ARENDS
TOWN OF NEWCASTLE
REPORT File #( w'
Res. #
By -Law # Y
MEETING: General Purpose and Administration Committee
DATE: Monday, June 5, 1989
REPORT #: PD- 136 -89
FILE #: r)pv Ro -i ti
SUB.�CT: 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- 136 -89 be received;
2. THAT the rezoning application submitted by Mr. Teade Arends, to permit
an existing fourplex be approved;
3. THAT the By -law attached hereto be forwarded to Council for approval; and
4. THAT the applicant be so advised.
1. BACKGROUND:
1.1 On May 1, 1989, public meeting was held in consideration of an
application to amend the Town of Newcastle Comprehensive Zoning By -law
84 -63, by Teade Arends to change the current "Urban Residential Type One
(Rl)" zoning to an appropriate zoning category to recognize an existing
fourplex, as well as to accommodate the severance of the existing single
family dwelling from the fourplex situated on the same lot.
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REPORT NO.: PD-136-89 PAGE 2
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1.2 Committee endorsed Staff's recommendation to refer the application back
for further processing and pending the receipt of revised comments from
the Central Lake Ontario Conservation Authority.
1.3 The Conservation Authority initially had concerns with the possibility
of flooding during a Regional Storm event. The subject property is
lower than the lands to the north which would drain onto the subject
site. The Authority was not aware of the application proposed by Mr.
Van Andel for apartment units to the west of Mr. Arends property. Mr.
Van Andel would require to secure storm sewer easements over Mr. Arends
property. Hence the Authority was not prepared to provide comments for
the subject rezoning until they were able to review Mr. Van Andel's
proposal.
1.4 Subsequent to the last Staff Report, the Authority was able to review a
proposal for storm sewer outfall prepared by J. D. Barnes which dealt
with the drainage of the Van Andel lands and Mr. Arends lands. In a
letter dated May 24, 1989, the Authority noted they had no objection to
the principle to either of the proposals by Mr. Van Andel or Mr. Arends,
however, required a number of conditions to be fulfilled, such as
written approval for grading, fill or alteration of the watercourses and
an Engineering Report be submitted to demonstrate the means that will be
used to safely convey major runoff from the site without detrimentally
affecting buildings or other properties.
2. COMMENTS
2.1 Staff have spoken to the applicant with respect to the Conservation
Authority's concerns, and the applicant has informed Staff that in the
past 28 years he has resided at 5 Bernard Street, the property was
never flooded.
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2.2 Inasmuch as this rezoning will only recognize the existing fourplex
and thereby permit the severance of the existing fourplex from the
single family dwelling, Staff can not concur with the Authority's
conditions for this particular rezoning application.
2.3 In addition to the foregoing, Staff would note that the Authority
provided comments for both this particular application and Mr. Van
Andel's proposal, and in the event that Mr. Van Andel's proposal was
not approved, the Authority, through the Land Division Committee in
providing comments for Mr. Arends proposal can impose conditions of
approval that would alleviate their concerns on storm drainage.
2.4 Staff would also note for the Committee's information that the Town of
Newcastle Public Work's Department did not have any concerns with
respect to storm drainage in this area and had accepted a proposal
submitted by J. D. Barnes that would address storm drainage runoff.
3. RECOMMENDATIONS
3.1 In consideration of the above, Staff would offer no objection to the
proposed rezoning and would respectfully request that the attached
by-law be forwarded to Council for approval.
Respectfully submitted,
-----------------------
Franklin Wu, M.C.I.P.
Director of Planning & Development
CRV*FW*cc
*Attach.
May 26, 1989
Recommended for presentation
to the Committee
P--- - -----------------
Lawrence . Kotseff
Chief
Lawrence
Officer
INTERESTED PARTIES TO BE ADVISED OF COMMITTEE'S AND COUNCIL'S DECISION:
Mr. and Mrs. T. Arends
5 Bernard Street
BUM,4ANVILLE, Ontario LlC 2X5
539
R1 -23
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY -LAW NUMBER 89-
being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law of
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.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Town of Newcastle enacts as follows:
1. Section 12.1 "Urban Residential Type One (Rl)" Zone is hereby amended
by adding thereto, the following new Special Exception 12.4.23, as follows:
"12.4.23 URBAN RESIDENTIAL EXCEPTION (R1 -23) ZONE
Notwithstanding Section 12.1, those lands zoned "R1 -23" on the
Schedules to this By -law shall permit a fourplex and shall be
subject to the zone regulations:
a) Lot Area (minimum)
b) Lot Frontage (minimum)
C) Yard Requirements
i) Frontyard
ii) Interior Sideyard
iii) Rearyard
d) Lot Coverage (maximum)
e) Landscaped Open Space (minimum)
f) Building Height (maximum)
1586.7 square metres
56.3 metres
20.4 metres
1.3 metres
5.8 metres
40 percent
30 percent
10.5 metres
2. Schedule 113" to By -law 84 -63, as amended, is hereby further amended by
changing the zone designation from "Urban Residential Type One (R1)" to "Urban
Residential Type One Exception (R1 -23)" Zone as shown on the attached Schedule
"A" hereto.
3. Schedule "A" attached hereto shall form part of this By -law.
4. This By -law shall come into effect on the date of passing hereof,
subject to the provisions of Section 34 of the Planning Act.
BY -LAW read a first time this day of 1989
BY -LAW read a second time this day of 1989
BY -LAW read a third time and finally passed this day of
1989.
MAYOR
CLERK
541
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