HomeMy WebLinkAboutPD-44-91 i
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TOWN OF NEWCASTLE
REPORT
File #
N: DEV90072 .GPA
Res. #
^ ^��- • By-Law # ZZ—
METING: General Purpose and Administration Committee
DATE: Monday, February 18, 1991
REPORT #: PL- 44 -q1 FILE #: DEV 90-072
SECT: REZONING AND SITE PLAN APPLICATION - KUIPERS
PART LOT 11, CONCESSION 1, FORMER TOWN OF BOWMANVVILLE
FILE: DEV 90-072
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD- 44 -91 be received;
2 . THAT application to amend the Town of Newcastle Comprehensive
Zoning By-law 84-63, as amended, submitted by Abbott Drafting and
Design on behalf of Cory Kuipers be APPROVED;
3 . THAT the amending by-law attached hereto be forwarded to Council
for approval;
4 . THAT the "H" - Holding symbol in the amending by-law will not be
removed until such time the applicant has entered into a site plan
agreement with the Town;
5 . THAT the interested parties listed in this report and any
delegation be advised of Council's decision.
1. APPLICATION DETAILS
1. 1 Applicant: Cory Kuipers (Northcutt Elliot Funeral Home)
1.2 Agent: Abbott Drafting and Design
1 . 3 Rezoning Application: from "Urban Residential Type One Exception
(R1-12) " to an appropriate zone to
recognize the existing funeral home use
and accessory residential use and to
permit an expansion of said funeral home
use.
1 . 4 Land Area: 2419 m2 (0 .59 Acre) . . .2
REPORT NO. : PD- 44 -91 PAGE 2
2 . LOCATION
2 . 1 The subject property is located in Part Lot 11, Conc. 1, former
Town of Bowmanville. The lands are located on the north east
corner of Wellington Street and Division Street and are municipally
known as 53 and 55 Division Street.
3 . BACKGROUND
3 . 1 Applications for rezoning and site plan approval were received by
the Town of Newcastle Planning and Development Department on August
2, 1990 . On August 29, 1990, the Planning Department was advised
of an application for Official plan Amendment (O.P.A. 90-074/N)
related to the subject property. In August the Planning Department
was also requested to provide comments on a land severance
application (LD 379/90) related to the subject site. The severance
application proposes to sever the rear yard from the property
immediately to the north of the funeral home (55 Wellington Street)
and meld said yard with the funeral home land holdings . The
retained lands containing the existing dwelling would comply with
the residential zoning and continue to exist as a residential unit.
The severed lands are proposed for off-street parking facilities
for the funeral home operation. Currently there is no off-street
parking available.
3 . 2 The applicant is proposing to rezone the property to recognize the
existing funeral home operation which is a legal non-conforming
use. In addition, the proponent, through related applications, as
noted above, seeks to sever the rear yard of the adjoining
residential property to the north and meld it with current funeral
property. The application as originally submitted also proposed
to rezone the adjoining residential lands to the east to permit a
future expansion of the funeral home use.
3 . 3 Upon further review, the Official Plan Amendment application was
determined not necessary. Regional Planning Staff, in a report to
.) 0 � . . . .3
REPORT NO. : PD-44 -91 PAGE 3
Planning Committee and Council, recommended the Official Plan
Amendment application file be closed. On October 17, 1990 said
recommendation was adopted by Regional Council.
3 . 4 In October prior to the scheduled Public Meeting the rezoning
application was revised to delete the neighbouring lands at 70
Wellington Street as originally submitted.
4 EXISTING AND SURROUNDING USES
4 . 1 The subject lands consist of the existing funeral home and
accessory dwelling unit, and the vacant rear yard of the adjacent
residential property to the north which is to meld with the funeral
home property.
South: Wellington Street and existing residential dwellings .
East: existing residential dwellings .
North: existing residential dwellings .
West: Division Street and existing residential dwellings .
5 PUBLIC MEETING AND RESPONSE
5 . 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.
5 . 2 Prior to the meeting, enquiries on the subject applications from
neighbouring land owners had been received. A letter of objection
was presented to Committee at the October Public Meeting. The
letter identified a number of problems currently existing in the
area due to the lack of off-street parking associated with the
funeral home, as well concerns relating to site plan details were
raised. The conclusion to the letter summarized the objection as
being related to the compatibility of a parking lot in a
residential area.
) , i . . .4
REPORT NO. : PD_ 44 -91 PAGE 4
6 OFFICIAL PLAN POLICIES
6 . 1 Within the Durham Regional Official Plan the subject property is
designated "Residential" the funeral home would not be considered
a permitted use within this designation. However, Section 16 . 6 .5
of the Durham Plan allows Council at their sole discretion to zone
to permit the continuation, expansion or enlargement of existing
non-conforming uses . Each application is to be considered and
reviewed on its own merits and may be subject to site plan control.
The application would appear to comply.
6 .2 Within the Town of Newcastle Official Plan the subject property is
designated "Low Density Residential" . Within this designation
only residential uses and accessory uses thereto are permitted.
Section 7 .4 .2 . of the Town's Plan allows Council to pass a by-law
permitting an extension or enlargement to existing non-conforming
uses subject to conditions . Council must be satisfied that the
proposed extension or enlargement shall not unduly aggravate the
situation created by the existence of the use; the expansion or
enlargement shall be in an appropriate proportion to the size of
the non-conforming use as established; the characteristics of the
proposal shall not be a nuisance or incompatible with the
surrounding area; the neighbouring conforming uses shall be
protected through the use of adequate buffering, landscaping or
screening; and that the enlargement or extension shall not
adversely affect traffic or parking conditions in the
neighbourhood. The application would appear to comply.
7 ZONING
7 . 1 The current zoning on the subject property is "Urban Residential
Type One Exception (R1-12) " which in addition to a single detached
dwelling, semi-detached/link unit and duplex permitted in the "R1"
zone, permits a converted dwelling. The applicant is proposing to
recognize and expand the existing funeral home use which is not a
permitted use in the residential zone.
. . . .5
l ' � `I
REPORT NO. : PD- 44 -91 PAGE 5
8 AGENCY COMMENTS
8 . 1 In accordance with departmental procedure the subject rezoning and
site plan applications were circulated to a number of agencies and
departments for comment. The following provides a summary of the
comments received from the circulated agencies .
8 .2 Town of Newcastle Public Works Staff have advised they have
reviewed the subject applications and have no objection in
principle subject to conditions . The applicant will be required
to provide any easements required by the Town free and clear of
any encumbrances; the applicant will bear the costs 100% of any
works on Wellington Street and/or Division Street necessitated as
a result of this development; and the applicant will provide the
Works Department with a Master Drainage and Lot Grading Plan
satisfactory to the Director of the Public Works Department. Said
plan has now been received and will be incorporated in the site
plan agreement should the application be approved.
8 . 3 The Community Services Department review of the application
provided no objection to the proposal. Community Services Staff
have requested a 2% dedication requirement being provided as cash-
in-lieu of parkland
8 . 4 The Region of Durham Planning Department provided comments advising
that expansion to the existing non-conforming use can take place
in consideration of the policies contained in Section 16 . 6 .5 of the
Durham Region Official Plan. The proposed parking lot would appear
to be permitted, subject to the provisions of the Town's Zoning By-
law.
8 .5 The Newcastle Fire Department and the Newcastle Hydro-Electric
Commission have both advised they have no objection to the further
processing of the subject application.
. . . . 6
REPORT NO. : PD- 44 -91 PAGE 6
9 STAFF COMMENTS
9 . 1 The application for rezoning and site plan approval proposes to
legalize the existing non-conforming funeral home use and expand
the use on to adjacent lands to the northeast. The additional
lands are proposed to be utilized for off-street parking which is
currently unavailable to the funeral home.
9 .2 In accordance with the comments contained in Staff's report for the
October 22 , 1990, Public Meeting, the applicant has submitted a
Master Drainage and Lot Grading Plan which has been approved by the
Public Works Department. The applicant has also revised the site
plan application to satisfy the Town's minimum zoning by-law
requirements . A Site Plan Agreement could be completed at such
time the zoning by-law amendment is approved.
9 . 3 Staff has reviewed the application as it complies with Section
7 .4 . 2 of the Town's Official Plan and the conditions contained
therein. The proposed enlargement will not unduly aggravate the
situation created by the existence of the non-conforming use, as
the application proposes off-street parking associated with the
funeral home use. Currently there is none available. The
expansion of the non-conforming use appears to be in appropriate
proportion to the existing use, the Town's assessment records
indicate the funeral home occupies approximately 163 mz ( 1760 sq.
ft. ) . Based on this floor area of the funeral home the zoning by-
law would require approximately 19 parking spaces, the site plan
application proposes 16 spaces . The characteristics of the
proposed application do not appear to be a nuisance or incompatible
with the surrounding area, the non-conforming use is relatively
quiet by nature with set business hours, the parking lot will be
well screened and vegetated. The protection of existing conforming
uses is being considered through the vegetation and buffering
required on the site plan; and lastly traffic will be improved
should the application be approved, as it will decrease the amount
of on-street parking occurring as a result of the Funeral Home use.
. . . .7
REPORT NO. : PD_ 44 -91 PAGE 7
10 CONCLUSION
10 . 1 Staff are satisfied that a Site Plan Agreement can be achieved
which contains conditions satisfying the requirements of the Town.
Staff therefore, recommend approval of the zoning by-law amendment
to recognize the existing funeral home use and permit an expansion
of same. The By-law shall be subject to a 'Holding (H) ' provision,
which can be removed by By-law at such time as a Site Plan
Agreement has been completed, to the satisfaction of the Town of
Newcastle.
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C. I .P. Lawrence Kotseff
DIrector of Planning Chief A i strative
and Development Officer
CP*FW*cc
*Attach
6 February 1991
Interested parties to be notified of Council and Committee's decision:
Jerry Heal
Halco Building Components
1748 Baseline Road
Box 8, Group 10,
R.R. #2
BOWMANVILLE, Ontario L1C 3K3
Abbott Drafting and Design
172 King Street East
Suite 303
OSHAWA, Ontario L1H 1B7
Mr & Mrs Kuipers
53 Division Street North
BOWMANVILLE, Ontario L1C 2Z8
Harry Cooke
74 Division Street
BOWMANVILLE, Ontario L1C 2Z7
SUBJECT SITE
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PARTS OF LOTS 1 2 AND 3 BLOCK V ACCORDJNG METRIC
WELLINGTON STREET TO JOHN GRANTS PLAN IN THE FORMER TOWN OF
Township of DorIfngron
NOW WITHIN THE LIMITS OF THE
TOWN OF NEWCASTLE
REGIONAL MUNICIPALITY OF DURHAM
MR 8 MRS KUIPERS
$17C DEVELOPMENT PLAN
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DN. 90-72 BL
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 91-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the
Town of Newcastle
WHEREAS the Council of the Corporation of the Town of Newcastle deems it adviseable to amend By-
law 84-63, as amended, of the Corporation of the Town of Newcastle to recognize the existing funeral
home use and proposed expansion thereto,in accordance with DEV 90.072,
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of
Newcastle enacts as follows
1 Section 2 "Definitions" of By-law 84-63, as amended, is hereby further amended by adding the
definition of"Funeral Services Establishment"immediately after the defmition of"Foundry"as follows:
"Funeral Services Establishment
Shall mean a premises established or maintained for the purpose of providing funeral services
or funeral supplies to the public within the meaning of the Funeral Services Act,as amended,"
2 Section 12 4 "Special Exceptions - Urban Residential Type One (RI) zone, is hereby further
amended by adding thereto the Special Exception 12.4.27 as follows:
"12 4,27 Notwithstandmg Section 12.1,those lands zoned R1-27 on the Schedules to this
By-law may, in addition to the other uses permitted in the R1 zone,be used for
the funeral services establishment, The placement of buildings and structures
shall be subject to the regulations set out in Section 12,2 in respect of a single
family dwelling"
31 Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing the zone
designation from
"Urban Residential Type One Exception (R1-12)" to"Urban Residential Type One Exception-
Holdmg ((H)R1-27),
4 Schedule "A" attached hereto shall form part of this By-law.
6 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 1991,
BY-LAW read a second time this day of 1991.
BY-LAW read a third time and finally passed this day of 1991.
MAYOR
CLERK
This is Schedule "A" to By-law 91 - ,
passed this day of , 1991 A.D.
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