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Home My WebLink AboutPD-71-90 4 TOWN OF NEWCASTLE REPORT 'N: SPRUYT r ' , rl •� � File # Res. # -- �¢ By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, February 19, 1990 REPORT #: PD- 71 -90 FILE #: DEV 88-92 SUBJECT: REZONING APPLICATION - DR. SPRUYT PART LOT 28, CONCESSION 2, FORMER TOWNSHIP OF CLARKE FILE: DEV 88-92 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PD- 71 -90 be received; 2 . THAT rezoning application DEV 88-92, submitted by Dr. Spruyt, to permit a medical clinic be APPROVED. 3 . THAT the amending by-law be passed at such time the applicant has entered into a site plan agreement with the Town, has satisfied the Director of Public Works financially and otherwise, and has purchased from the Town the necessary parcel of land as per Councils Resolution # C-830-89 . 4. THAT the Region of Durham Planning Department and those persons listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Applicant: Dr. Spruyt 1.2 Owner: Dr. Spruyt 1. 3 Rezoning: from - "Urban Residential type One (R1) " to a zone appropriate to permit a medical clinic. 1.4 Area: 0 .2 ha (0 .5 acres) . .2 REPORT NO. : PD- 71 -90 PAGE 2 2 . LOCATION 2 . 1 The subject property is located in Part Lot 28, Concession 2, former Township of Clarke. The site is further defined as being 87 Mill Street in the Village of Newcastle. 3. BACKGROUND 3. 1 On August 24, 1988, the Town of Newcastle Planning Department received an application to amend the Comprehensive Zoning By-law 84-63, as amended. This application proposes to change the zoning to permit a medical clinic to be established on the subject property. 4 . EXISTING AND SURROUNDING USES 4 . 1 Existing Uses: Single family dwelling and detached garage. 4 .2 Surrounding Uses: East - Residential West - Residential South - Residential North - Residential 5. OFFICIAL PLAN POLICIES 5 . 1 Within the Town of Newcastle Official Plan the subject property is designated as Residential. Section 8 . 1.2 . 1 c) of the Durham Region Official Plan permits limited office development within Residential Areas . 6 ZONING 6 . 1 According to the Town of Newcastle Comprehensive Zoning By-law 84- 63, as amended, the property in question is zoned "Urban Residential Type One (R1) " . Lands so zoned are predominantly used . . .3 _� .� REPORT NO. : PD- 71 -90 PAGE 3 for residential purposes and hence an amendment is required to place the property in an appropriate zone for a medical office. 7 . PUBLIC NOTICE AND SUBMISSIONS 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 Public Meeting was held on November 21, 1988 at which time the application was referred back to Staff pending the receipt of outstanding comments from various agencies . 7 . 3 At this public meeting, Mrs. Lorraine Lover (59 Mill Street, Box 520, Newcastle, Ontario LOA 1HO) spoke in opposition to this application. She also submitted a petition signed by approximately 22 people in opposition to the zoning. 7 .4 Letters from Mr. Rod McArthur on behalf of the Newcastle Village District Chamber of Commerce, and from Mr. Edmond Vanhaverbeke, have been received in support of this application. In addition, on January 15, 1990, Mr. Brenton Rickard, on behalf of the Lions Club, submitted a petition of approximately 351 signatures to Council in support of this proposal. 7 .5 On January 23, 1990 a telephone conservation was had with Mrs. Layng (61 Mill Street, Newcastle) . She was concerned about drainage from this property flooding her land. She also stated her concern regarding the increasing amount of garbage appearing in the creek beside the subject parcel. On this same day, Mrs. Lover also commented about this application. She noted that the sidewalk along Mill Street is badly in need of repair and she felt that something should be done about this . . . .4 REPORT NO. : PD- 71 -90 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 department/agencies in providing comments, offered no objection to the application as filed: - Town of Newcastle Fire Department - Town of Newcastle Hydro Electric Commission - Regional Health Department 8 .2 The Town of Newcastle Public Works Department objects to this application until such time as the applicant provides information as to how they intend to deal with on-site storm drainage. In addition, the Works Department also requests that the applicant bear the costs ( 100%) of any works on Mill Street which are necessitated as a result of this development including sidewalk construction. Performance guarantees for the external works, as yet to be determined, are also required. 9 STAFF COMMENTS 9 . 1 Staff note that although there has been a few public objections to this application, there appears to be a lot of support for this development, particularly from the Lions Club, Newcastle Village and District Chamber of Commerce and the Community in general. 9 .2 Staff would like to reaffirm that a by-law will not be forwarded to COuncil until such time as the applicant has: satisfied the Public Works Department; enter into a Site Plan Agreement with the Town; and has purchased the required road allowance. 9 . 3 Staff would like to reiterate that we question the intent for leaving the balance of the road allowance unconveyed. It is Planning Staff 's position that the entire road allowance should be closed and conveyed. In response to this, Public Works stated that . . .5 REPORT NO. : PD- 71 -90 PAGE 5 the road allowance abutting the land to be purchased is a water course and that for maintenance reasons, "it would not be in the Town's best interest to sell the entire road allowance. " 9 .4 It should be noted that the applicant has submitted revised site plans incorporating the required changes as required by Staff. 10 CONCLUSION 10 . 1 Staff have no objection to the approval of this application in principle. However, a by-law will not be forwarded to Council until such time as the applicant satisfies the Director of Public Works financially and otherwise, purchases the necessary portion of the road allowance. and enters into a Site Plan Agreement with the Town. Respectfully submitted, Recommended for presentation to the Committee Apt Franklin Wu, M.C. I.P. Lawrence . Kotseff Director of Planning Chief A inistrative and Development Officer HM*FW*cc *Attach 7 February 1990 Interested parties to be notified of Council and Committee's decision: Dr. Spruyt P.O. Box 178 NEWCASTLE, Ontario LOA 1HO Newcastle Drafting 76 Baldwin Street P.O. Box 3 NEWCASTLE, Ontario LOA 1HO <<139 . . . 6 REPORT NO. : PD- 71 -90 PAGE 6 Mrs. J. Layng 61 Mill Street North NEWCASTLE, Ontario LOA 1HO Mr. Rod McArthur Newcastle and District Chamber of Commerce Box 243 NEWCASTLE, Ontario LOA 1HO Strike, Salmers and Furlong Barristers & Solicitors 38 King Street West Bowmanville, Ontario L1C 3K8 Hamilton & Associates Barristers & Solicitors P.O. Box 39 1 Division Street BOWMANVILLE, Ontario L1C 3K8 Edmond Vanhaverbeke 214 King Street East Bowmanville, Ontario L1C 1P3 Mrs: Lover 59 Mill St. , P.O. Box 520 Newcastle, Ontario LOA 1HO Mr. Brenton Rickard Box 94 Newcastle, Ontario LOA 1HO .SUBJECT ' SITE LOT 29 LOT 28 LOT 27 1 A (H)RI }� RI M\ F 1 """• Z E EP R O R1 ,J J R1-1 `g 1 R I GRAHAM CT W M I EPA U L t Z �2 ' ' R i A o _ N U ,r Rt 3 RI C1 Cl cl Cl Ct Cl cl Rt 1 .2 N 1 2 R2 pn d �� ENLY � IHE ] , Z R2 t v a so m zoo "'oom KEY - MAP s Dev. 88-92 541