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HomeMy WebLinkAboutPD-184-89F-ONVENOWD TOWN OF NEWCASTLE REPORT File #( , <,` 51, Res. # 8y -Law # METING: General Purpose and Administration Committee DATE: MONDAY, JULY 17, 1989 REPORT #: PD-184-89 FILE #: DEV 89 -007 SUBJECT: REZONING APPLICATION - MARY PIKE PART LOT 18, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 89 -007 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 184 -89 be received; 2. THAT the rezoning application submitted by Mary Pike to recognize and permit the continuation of the four (4) existing apartment units in one building be denied; and 3. THAT the applicant and those people on the list attached hereto be advised. 1. BACKGROUND 1.1 On April 17, 1989, a public meeting was held in consideration of an application to amend the Town of Newcastle Comprehensive Zoning By -law 84 -63, submitted by Mary Pike to change the current 'Residential Hamlet (RH)' and 'Agricutural (A)' zoning to an appropriate zoning category to recognize four (4) apartment units contained in one building. ...2 rr r a 1; b 2. PUBLIC MEETING AND SUBMISSION 2.1 Subsequent to the Public Meeting, Staff had received a number of written letters from area residents expressing concerns. 2.2 The Town of Newcastle Planning and Development Department has received two letters of objection from area residents. The area residents were concerned that the lot had insufficient area in order to address the needs of four unit apartment building as well as a septic system. 3. LOCATION AND SURROUNDING LAND USES 3.1 The subject lands are located on the south side of Highway No. 2, east of Maple Grove Road, being Part Lot 18, Concession 1, former Township of Darlington. Agricultural uses exist to the south and the east of the subject property, while lands to the north and west contain non -farm rural residences. 4. OFFICIAL PLAN CONFORMITY 4.1 Within the Durham Regional Official Plan, the subject property appears to be located in the general vicinity of the designated hamlet of Maple Grove. The predominant use of lands so designated within a hamlet is intended to be for residential purposes. 4.2 The Town of Newcastle Official Plan has established Hamlet policies which were intended to regulate the growth of the Hamlets. Section 9.3(i) of the Town of Newcastle Official Plan states that residential growth within Maple Grove "shall generally be limited to infilling and /or minor extensions to existing development." Staff are of the ...3 FQ7 J 1J / opinion that the illegal introduction of 3 additional apartment units in the Maple Grove Hamlet does not represent infilling and/or a minor extension nor compatible with existing single family dwellings in the surrounding areas. Based on the foregoing, Staff contend that the application does not conform to the Town of Newcastle official Plan. 5. ZONING BY-LAW CONFORMITY 5.1 Within the Town of Newcastle Comprehensive Zoning By-law 84-63, the subject property is zoned in part 'Residential Hamlet (RH)l and in part 'Agricultural (A)'. The existing apartment is not a permitted use within these zones and hence the applicant applied to amend the Zoning By-law. 6. AGENCY COMMENTS 6.1 In accordance with departmental procedures, the application was circulated in order to obtain comments from other departments and agencies. The following provides a summary of comments received relating to this proposal. 6.2 The Ministry of Transportation has no objection to the proposed zoning amendment conditional upon all access to the subject property being restricted to one residential entrance with no additional direct access to Highway No. 2. 6.3 The Durham Regional Planning Department has reviewed the subject application and note that the subject property is located within Maple Grove, a designated Hamlet as defined in Section 10.4.1.4 in the Durham Regional official Plan. The predominant use of land in Hamlets, shall be residential, and development shall be limited to minor additions and/or internal infilling. 4 REPORT NO.: PD-184-89 PAGE 4 _______________________________________________________________________________ 6~4 The balance of the circulated agencies which provided comments were Bell Canada, the Durham Regional Health Department, the Town of Newcastle Fire Department, and the Town of Newcastle Public Works Department. 0uue of the aforementioned agencies provided objectionable omumvsuto. The Central Lake Ontario Conservation Authority and Ontario Hydro have yet to respond to the circulation notice. 7. STAFF COMMENTS 7^1 The applicant is proposing to amend the zoning By-law in order to allow the four unit apartment building which were illegally converted in contravention to the Municipality's Official Plan and Zoning By-law. Staff is of the opinion that approval of the application would set an undesirable and dangerous precedence and could be construed as encouragement to others to follow suit. Furthermore, Staff does not feel there are sufficient planning justification to warrant approval of this rezoning application, and the application is contrary to the intent of the official Plans and zoning By-law. 7.2 Any proposed development in a hamlet area should be compatible and in harmony with existing and future planning for the hamlet. If any apartment is to be permitted in a hamlet, it must be determined through the preparation of a hamlet plan pursuant to the requirement of the Durham Region official Plan cm that its feaaabiIity" location and other factors can be evaInted thzoughly within the content of future planning of the entire hamlet. 7.3 In view of the foregoing, the Planning and Development Department can not recommend approval of the application. RM DD J / Respectfully submitted, Franklin Wu, M.C.I.P. Director of Planning 6 Development WM*FW*.. *Attach. *July 7, 1989 Recommended for presentation to the Committee _=_______ ---------------- Lawrence Kotaeff Chief &d idiotcative officer INTERESTED PARTIES TO BE NOTIFIED OF COMMITTEE AND COUNCIL'S D8CI8Z0W Mo. Mary Pike R.B. #6 BovonaoviIIev Ontario LlC 3K7 Mc. and Mrs. R. Alldreod D.R. #6 8ovmnauville^ Ontario LIC 3K7 Mc. W. E. Watson B. B. #2 BovmaoviIIe, Ontario LDC 3K3 Ma. Valerie mutton I Division 3t.' P.O. Box 9 BowmauvilIe, Ontario LIC 3K8 - _��� `�� U F; 1- S 1 1 � _. ��,� O