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Home My WebLink AboutPD-68-91 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: LOVER.GPA REPORT Meeting: General Purpose and Administration Committee File # 10 Res. #(a L).i Date: Monday, April 8, 1991 By-Law# Report#:---PD File#: nv 3 3 Subject: REZONING APPLICATION - MR. & MRS. LOVER PART LOT 28, CONCESSION 2, FORMER TOWNSHIP OF CLARKE 59 MILL STREET NORTH, NEWCASTLE FILE: DEV 90-033 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-68-91 be received; 2 . THAT rezoning application DEV 90-033 submitted by Mr. & Mrs. Lover to permit a commercial use be DENIED; 3 . THAT the Durham Region Planning Department, and all interested parties listed in this report and any delegation be advised of Council 's decision. 1 . APPLICATION DETAILS 1 . 1 Applicant: William S. Lover & Lorraine M. Lover 1.2 Owner: William S . Lover & Lorraine M. Lover 1 . 3 Rezoning: From - "Urban Residential Type One Exception (R1-1) " To - "General Commercial (C-1) " zone 1 .4 Area: 832 . 6 square metres 2. LOCATION 2 . 1 The subject property is located in Part Lot 28, Concession 2, former Township of Clarke, otherwise known as 59 Mill Street North in the Village of Newcastle. The subject lands are located on the east side of Mill Street, north of King Street between the Town of Newcastle Municipal Parking Lot and a property upon which a similar rezoning application (DEV 90-034) exists . 2 REPORT NO. : PD-68-91 PAGE 2 3. BACKGROUND 3. 1 On March 13, 1990, the Planning Department received an application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, to permit a commercial use on the subject property. 3.2 On May 22, 1990, a Public Meeting was held thus fulfilling the requirements of Section 34 ( 12) in the Planning Act. No one spoke in opposition to this application during this meeting. 4. EXISTING AND SURROUNDING USES 4 . 1 Existing Uses : Single Family Residence 4 . 2 Surrounding Uses: East - Town Approved (in principle) Rezoning Application (DEV 88-092) to permit a Medical Clinic. West - Existing Residential and a mixed use commercial/residential complex. South - Town of Newcastle Municipal Parking Lot North - Single Family Residence subject to Rezoning Application (DEV 90-034) . 5. OFFICIAL PLAN POLICIES 5 . 1 The subject property is designated "Residentially" in the Durham Region Official Plan. The predominant use of lands so designated shall be for residential uses . However, under Section 8 . 1.2 . 1 a) and c) , convenience stores, personal service uses, and limited office development may be permitted in residentially designated areas, provided that the appropriate zoning is in place. 5 .2 According to the Town of Newcastle Official Plan the subject property is designated "Residential" . The predominant use of lands so designated shall be for residential purposes . In the Town Official Plan [Section 8 .2 . 1 .2 ii) d) ] , as in the Durham . . . 3 I REPORT NO. : PD-68-91 PAGE 3 Region Official Plan, the establishment of limited commercial uses under 5000 sq. ft. (465 sq. m. ) of floor area may be permitted within residentially designated areas . 5. 3 Inasmuch as the applicant indicated that a commercial zone is sought, details regarding the type or size of the commercial use have not yet been specified. Since Staff have been unable to determine what the intended "use" for the site will be, Staff can not state whether or not this application complies to the Official Plan. 6. ZONING BY-LAW PROVISIONS 6 . 1 The site is presently zoned "Urban Residential Type One Exception (R1-1) " . The predominant use of lands so zoned shall be for residential uses . 6 .2 The applicant has requested that the property's zoning be amended to "General Commercial (C-1) " . This zone is not permitted on "Residentially Designated" lands . 7. PUBLIC MEETING AND SUBMISSION 7 . 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. 7 . 2 A neighbouring resident in expressing their opinion to Staff noted that residential properties should not be rezoned to permit commercial uses . This resident felt that if this property is rezoned, an inappropriate use would be established on the subject lands . . . .4 i REPORT NO. : PD-68-91 PAGE 4 8. AGENCY COMMENTS 8 . 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 Ganaraska Region Conservation Authority 8 .2 The Town of Newcastle Community Services Department had no concerns, however, they did request that a 2% cash-in-lieu of parkland dedication be made to the Town's Parks Reserve Account. The Town of Newcastle Public Works Department requested that no changes or alterations be made to the existing site and that no watercourses or drainage patterns be altered. 8 . 3 Until such time as more details are provided by the applicant regarding the type and size of commercial usage to be proposed, the Durham Region Planning Department stated that they could not comment on Official Plan conformity. 9.0 STAFF COMMENTS 9 . 1 According to the Town of Newcastle Zoning By-law and Official Plan, the properties located to the north, east, and west of the subject lands are zoned and designated residential. Extension of the "Main Central Area" , and intrusion of commercial uses into a predominantly residential area poses a number of concerns with respect to issues of compatibility. This concern was noted in the Public Meeting Report forwarded to the General Purpose and Administration Committee on May 22, 1990. This same report also stated that without the submission of a Site Plan, Staff cannot determine the nature of the proposed "use" for the site. Without this information, Staff can not properly review this application as it is impossible to determine Official Plan conformity. REPORT NO. : PD-68-91 PAGE 5 9 .2 Staff, on a number of occasions (May 16 , 1990, October 22, 1990, and January 21, 1991) , have requested by correspondence that the applicant submit a site plan application in support of their rezoning application. As the applicant has not yet responded to any of these letters, and a site plan application has not been received, it is impossible to carryout any meaningful review of the rezoning application. 9 . 3 This rezoning application and the similar rezoning application from Mrs . Layng is in close proximity to the designated "Main Central Area" of the Official Plan. Study is required to determine how much and where additional commercial floorspace will be required to expand the Main Central Area to meet future need. Such a study will be carried out by planning staff as part of the Town of Newcastle Official Plan preparation exercise. Until then we cannot endorse those type of piecemeal commercial rezoning applications . 10. CONCLUSION 10. 1 With respect to the above noted comments, Staff recommend that this application be DENIED. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. Lawrenc V. Kotseff Director of Planning Chief AgImInistrative and Development Officer HM*FW*jip *Attach 18 March 1991 . . .6 REPORT NO. : PD-68-91 PAGE 6 INTERESTED PARTIES TO BE NOTIFIED OF COUNCIL AND COMMITTEE'S DECISION: Mrs . Lover Gordon Garrod 59 Mill Street North 55 King Street East Box 520 Newcastle, Ontario Newcastle, Ontario L1B 1M1 LOA 1H0 = SUBJECT SITE LOT 29 LOT 28 LOT 27 "wCgN4 p/qN Q H) R 1-22 ""'x••.. R l R2-5 R I R1-1 Ml-1 � N MU R T Rl-1 E EP NDREW ST 0 R1 W R1-1 V) W I CT � V (H�R2 EP 4 RI-1 RI z ILM T. 9 RI-1 v R1-3 C1 C1 a R1 C1 KING S . cl Cl cl Rs , R2 MI N , MILY R2 w V R2 UCAWN-INE ST. IJ 0 ST 1! 0 50 loo 200 300"% KEY MAP > Dev. 90-033 - 6