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HomeMy WebLinkAboutPD-235-89DN: Bodurk 4 .11Y' �IIVC/ W,.. TOWN OF NEWCASTLE REPORT File #6o. 54 Res. # By -Law # MEUING: General Purpose and Administration Committee DATE: Monday, October 2, 1989 REPORT #: PD- 235 -89 FILE #: DEV 89 -77 SUBJECT: REZONING APPLICATION - MR. J. BODURKA PART LOT 11, CONCESSION 1, FORMER TOWN OF BOWMANVILLE 5 ARGYLE STREET RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 235 -89 be received; 2. THAT the Application for rezoning, submitted by Mr. J. Bodurka to permit the development of a six (6) unit apartment building be denied. 3. THAT the Region of Durham and the Planning Department be so advised and forwarded a copy of Report PD- -89; and 4. THAT the persons listed to be notified be informed of Council's decision. 1. BACKGROUND 1.1 On May 26, 1989, the Planning and Development Department received an application to amend the Town of Newcastle Comprehensive Zoning By -law 84 -63 from Mr. J. Bodurka. ...2 r,n0 ._) u 0 REPORT NO.: PD- 235 -89 PAGE 2 I .2 The application would rezone the current Urban Residential Type • zone to an appropriate zoning category to permit the development of a six (6) unit apartment building on a 791 m 2 parcel of land in Part Lot 11, Concession 1, former Town of Bowmanville (5 Argyle Street). 1.3 The subject property is currently surrounded on all sides by low density residential uses. 2. OFFICIAL PLAN CONFORMITY 2.1 The subject site lies within the Bowmanville Urban Area and is designated 'Low Density Residential' in the Town of Newcastle Official Plan. Section 7.2.1.2.iv.(a) of the Official Plan states that areas designated as low density residential "shall not exceed a density of 30 units per net residential hectare ". The density of this particular proposal is 75.9 units per net residential hectare. This far exceeds the Official Plan provisions and hence does not conform to the Town of Newcastle Official Plan. 2.2 According to the Durham Region Official Plan, the subject site appears to be within an area designated as 'Residential Area' within the Bowmanville Urban Area. 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 As of the writing of this report, a written submission was received from Ms. L. Highfield of 74 Ontario Street. In this letter she stated that she objected to the proposal for a number of reasons including the fact that she believes the proposal will result in a lowering of her property value, a reduction in privacy and sunlight, and an increase in noise and traffic levels. ...3 2 1 S'. 4.1 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: - Town of Newcastle Fire Department - Newcastle Hydro Electric Commission - Region of Durham Health Department - Bell Canada 4.2 The Town of Newcastle Community Services has no objection to the application, however they do request that the parkland dedication be accepted as cash in lieu on a basis of 1 hectare per 300 dwelling units. 4.3 The Durham Region Planning Department offered the following comments. They stated that this development requires an amendment to the Town of Newcastle Official Plan since the density of the proposal exceeds the permitted density as stated in Section 7.2.1.2 iv(a). In addition, the Region noted that the applicant would be required to enter into a servicing agreement with the Region since the proposal represents an increase in residential usage. Also, four (4) copies of detailed site servicing drawings must be submitted to the Region for Site Servicing approval. 4.4 Comments are still outstanding from the following agencies: - Town of Newcastle Public Works Department - Northumberland and Newcastle Board of Education - Peterborough Victoria Northumberland & Newcastle Separate School Board ...4 Newcastle Comprehensive Zoning By --law 84 ®63 from "Urban Residential Type One (Rl)" to permit the development of a six unit apartment building on a 791 m2 parcel of land in Part Lot 11, Concession 1, former Town of Bowmanville (5 Argyle Street) 5.2 Staff in reviewing the proposal notes that the application does not comply with the Town of Newcastle Official Plan and that an Official Plan Amendment is required. Staff also notes that an application for Site Plan Approval must also be submitted. Until the above requirements are met, Staff is unable to further process this rezoning application and must recommend the application be denied due to non-conformity to the Official Plan. Respectfully submitted, Cj - - -- - - - - - - a 1_4�t Franklin Wu, M.C.I.P. Director of Planning & Development HM *FW *cc *Attach. September 19, 1989 Recommended for presentation to the Committee t L�wrenc� Kotseff Chief dm nistrative Officer Interested parties to be notified of Committee and Council's decision: Mr. J. Bodurka 11 Valley Cres., Bowmanville, Ont. L1C 4A6 Ms. Highfield 74 Ontario Street Bowmanville, Ont. G. M. Sernas and Associates 110 Scotia Court, Unit 41, WHITBY, Ontario L1N 4H3 k 512