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
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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
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This is Schedule "A" to By-law 92--,
passed this—. day of , 1992 A.D.
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