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HomeMy WebLinkAboutPD-10-92 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: DEV91040 .GPA REPORT Meeting:General Purpose and Administration Committee File # Monday, February 3, 1992 Res. # I UA Date: PD-10-92 DEV 91-040 By-Law# Report#: File#: Subject: REZONING APPLICATION - DURHAM REGION NON PROFIT HOUSING PART LOT 28, CONCESSION 2, FORMER VILLAGE OF NEWCASTLE FILE: DEV 91-040 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-10-92 be received; 2 . THAT the application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Durham Region Non Profit Housing, to permit the development of one ( 1) semi-detached dwelling to be used by developmentally handicapped persons,, be APPROVED; 3. THAT the attached amending by-law be APPROVED; and 4 . THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Applicant: Durham Region Non Profit Housing Corporation 1. 2 Zoning Amendment: From in part "Urban Residential Type One - Special Exception (Rl-l) " and in part "Environmental Protection (EP) 11 to an appropriate zone in order to permit the development of one ( 1) semi-detached dwelling with a total of two (2) units to be used by developmentally handicapped persons . 1. 4 Area: . 125 hectares ( . 30 acres) 2 . BACKGROUND 2 . 1 On July 22, 1991, the Town of Newcastle Planning and Development Department received an application, submitted by Durham Region Non 2 REPORT NO. PD-10-92 PAGE 2 Profit Housing to amend the Town of Newcastle Comprehensive Zoning . By-law 84-63 in order to permit the development of one (1) semi- detached dwelling. 2 . 2 The lands subject to the application is a rectangular shaped parcel approximately . 125 hectares ( . 3 acres) in size and is located on the south side of Monroe Street approximately 41. 3 metres (135.49 feet) east of Mill Street but is more formally described as Part Lot 28, Concession 2, in the former Village of Newcastle. 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 A Public Meeting was held on October 7, 1991 in accordance with the requirements of the Planning Act at which time six (6) area residents spoke in opposition to the proposal. The area residents expressed concern with respect to the possible devaluation of the abutting properties, the slope of the subject lands, the proximity of the site to the Canadian Pacific Railway and the parking of vehicles at the proposed facility. In addition, the applicant circulated two (2) letters of support from area residents. 3 . 3 On October 15, 1991, the Council of the Corporation of the Town of Newcastle resolved to endorse the recommendation of the General Purpose and Administration Committee that the application be referred back to Staff for further processing. 4. OFFICIAL PLAN CONFORMITY 4 . 1 Within the existing Durham Regional Official Plan the subject property is designated Residential while the recommended Regional Official Plan designates the subject property as a Living Area. 3 210 . . . . REPORT NO. PD-10-92 PAGE 3 In addition, the Town of Newcastle Official Plan also designates the subject property as Residential. Since the applicant's proposing to develop the subject property with one (1) semi- detached dwelling the application would appear to conform with both the existing and the recommended Regional Official Plan and with the Town of Newcastle Official Plan. 5. ZONING BY-LAW COMPLIANCE 5. 1 Within the Town of Newcastle Comprehensive Zoning By-law 84-63 , the subject property is zoned in part "Urban Residential Type One - Special Exception (R1-1) " and in part "Environmental Protection (EP) " . The current zone category recognizes only single family dwellings as permitted uses and since the applicant is proposing the construction of a semi-detached dwelling to be used by developmentally handicapped persons, an amendment to the zoning by- law is required. 6 AGENCY COMMENTS 6. 1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following provides a brief synopsis of the comments received. 6. 2 The Ministry of Natural Resources has advised that the subject lands are located adjacent to a tributary of Foster Creek and that this tributary of Foster Creek provides warm water habitat for a variety of fish species. In a letter dated August 21, 1991, the Ministry had requested a 15 metre setback from the centerline of the creek, however, after conducting a site inspection, the Ministry subsequently determined that this setback requirement was not necessary. Therefore the Ministry offers no objection to the application but recommends that the owner use erosion and sedimentation control devices during the construction of the building to prevent siltation of the tributary. 6. 3 The Ganaraska Region Conservation Authority has advised that the REPORT NO. PD-10-92 PAGE 4 subject property is partly located within the floodplain of a small tributary of Foster Creek and that the Environmental Protection zoning on this portion of the property should be retained. Nevertheless, the Authority has advised the subject lands contain sufficient tableland within which the construction of the proposed dwelling can be accommodated. Therefore, the Authority has no objections to the proposal. 6.4 The Town of Newcastle Public Works Department has advised that they have no objection to the proposal but note that the applicant will be required to contribute to the cost of reconstructing/upgrading Monroe Street and to contribute to the cost of streetlighting in accordance with Town policy. However, the Public Works Department has noted that these conditions will be imposed through the related consent applications LD 172/91 and LD 173/91. 6.5 The balance of the circulated agencies which provided comments were the Town of Newcastle Community Services Department, the Fire Department, the Regional Works Department and the Regional Planning Department. None of these departments have provided objectionable comments with respect to the subject application. The Newcastle Hydro Electric Commission has yet to respond to the circulation. 7 STAFF COMMENTS 7. 1 The subject application proposed to amend the zone category of a . 125 hectare ( . 30 acre) parcel of land located in Part Lot 28, Concession 2, former Village of Newcastle in order to add as a permitted use, a semi-detached dwelling which would be used by developmentally handicapped persons. 7 .2 The subject property and the surrounding area is currently zoned "Urban Residential Type One - Special Exception (R1-1) which permits only single family dwellings on lots with a minimum of 18 metres (59 . 05 feet) frontage and 650 square metres (7000 square feet) of lot area. The applicant is proposing to develop one (1) 5 REPORT NO. PD-10-92 PAGE 5 semi-detached dwelling with a total of two (2) units on a lot which has 41 . 325 metres (135 . 5 ft. ) of frontage and 1259 . 58 square metres (13 , 558 . 5 sq. ft. ) of lot area. Therefore it can be seen that the density of the proposal is compatible with the density of the surrounding area since even though the proposal contains two (2) units, the proposed lot is nearly twice the size of existing lots in the surrounding area. Therefore, the Planning and Development Department is of the opinion that the introduction of a semi- detached dwelling will not have an adverse impact upon the surrounding area. 7. 3 At the Public Meeting held on October 7, 1991, several area residents expressed concerns over not just the form of the housing but with the proposed use as a home for developmentally handicapped persons. Staff have reviewed the merits of the application and are of the opinion that uses of this nature should be located in residential neighbourhood where shopping, personal and business services, offices, social, cultural and recreational activities are nearby. The subject lands are located in close proximity to the Newcastle Village Main Central Area and Staff are therefore of the opinion that the site is an appropriate location for such a use. 7 . 4 In addition, the Planning and Development Department notes that as a result of the opposition expressed at the Public Meeting, the Durham Region Non-Profit Housing Corporation Staff have met individually with the area residents in an attempt to address their concerns regarding the proposal. 7 . 5 Moreover, the Committee should be aware that there are pertinent non-planning issues which should be considered by both Committee and Council. The Committee will have to determine whether or not the municipality has a moral obligation to recognize the need for this type of use within the community. While this issue is not a "planning-related" issue, Staff advise that the issue is legitimate and relevant and as such should be considered by the Committee. . 6 REPORT NO. PD-10-92 PAGE 6 In addition, the Committee should be aware that the Planning Act prohibits "people" zoning. In other words, municipalities can regulate the use of land but cannot dictate who shall reside in the building. Therefore, if the municipality were to deny the application on the grounds that the proposed dwelling houses developmentally handicapped persons, the Town may be subject to legal challenge and will have little chance for success in the Court of Law or before the Ontario Municipal Board. 7 . 6 Finally for the Committee's information, the issue of parking and driveway facilities was raised at the previous Public Meeting. In this regard, the applicant has provided a diagram, attached at the end of this report, showing the proposed parking and driveway locations in accordance with the requirements of the Town's Zoning By-law. However, Staff note for the Committee's information that site plan approval is not required for semi-detached dwellings and the diagram for parking is attached for information purpose only. 8. CONCLUSION 8 . 1 In view of the comments contained within this report, the Town of Newcastle Planning and Development Department respectfully recommends that the application be approved and that the attached amending by-law be passed. Respectfully submitted, Recommended for presentation to the Committee IV Franklin Wu, M. C. I.P. La rence Kotseff Director of Planning Chief Ad i ' strative and Development Officer WM*FW*cc *Attach 24 January 1992 Interested parties to be notified of Committee and Council's Decision: Margaret Kish Durham Region Non-Profit Housing Corporation 1615 Dundas Street East 4th. Floor, Lang Tower WHITBY, Ontario L1N 6A3 4VNRQE -. STR$E.T ' • � rn rn —a C 1 Jl ;1 rn 0 cn . r Z Y \ c n � o r rn ml • r o 1 ' I NORTH C D o ._ J in L ."" r. A • Q' A PROPOSED BIALotme �r MUNROE HOUSE DURHAM HOUSING A 1 GALLANT ARCHITECT SITE FLAN 1,200 • 91 . 49 . 26 Z J, J, A ►� ru � r;1 u. II 1 � ® SUBJECT SITE LOT 29 LOT 28 LOT 27 I R t-22 Rl R2-5 ' R1 R 1 R11 Ml-1 AAC�F'° N MONROE •«. • Z ' E EP EWSf.Ri 1 0 R1 RI-I w GRAHAM Ci Z W2 EP 4 RI-1 ; RI 0 IL ' r ` N RI-3 Ri Cl Ci Cl KING ST ET -�• Ci C1 Ct Rt 1 R2 i 2 N ' EMILY rl-1 i R2 LINE ST. / 1 1 J � , z R2 0 � EDWAR F-1r� I V KEY MAP 500 °m I°° 2 00 300m Dev. 91 -040 _ �� 8 1216 y N MoN8oE STREET t472' 18' 30`i E 41.326 m E OD �r 19.9g9 m to 21.336 m SATE SUB�EC�' 3 "° to 4.., ° W '= W x cn =o � rr) o THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 92- 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 advisable to amend By-law 84- 63, as amended, of the Corporation of the Town of Newcastle to implement application DEV 91-040. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Section 12.4 Special Exception -Urban Residential Type One (Rl) is hereby amended by adding thereto the following new Special Exception 12.4.33 as follows: "12.4.33 URBAN RESIDENTIAL EXCEPTION (R1-33) ZONE Notwithstanding Section 12.1 and 12.2 those lands zoned "R1-33"on the schedules to this By-law shall only be used for a semi-detached dwelling in accordance with the following regulations: a) Lot area (minimum) 1200 square metres b) Lot frontage (minimum) 40 metres 2. Schedule "5"to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Urban Residential Exception (RI-1)" to "Urban Residential Exception (R1-33)". 3. Schedule "A"attached hereto shall form part of this By-law. 4. 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 1992. BY-LAW read a second time this day of 1992. BY-LAW read a third time and finally passed this day of 1992. MAYOR CLERK � � 10 This is Schedule "A" to By-law 92--, passed this—. day of , 1992 A.D. MONROE STREET I—� N 720 18'30 E : I F—( 41.325 )--i { 41.325 )--I v W WN �.1.. OD CO F—( 41.325 ® ZONING CHANGE FROM " R 1-1 " TO " RI-3311 ZONING TO REMAIN 11 EP 11 0 5 10 20m Mayor 10 8 8 4 2.0 Clerk LOT 29 LOT 28 LOT 27 i •, i 1� SUBJECT SITE RI- R1 22 �' ' Rt R2-5 } R I R11 MI-t N :. Z RH 0 E� EP I R1 � RI-1 (� cn a Z ( ,z EP RH RI O N C a Cl C1 � C1 R 1 2 1• Rt l �3 V R2 z n. 0 1 100 200 300M NEWCASTLE VILLAGE , }-_ _ 1219 4S.T��"I