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Home My WebLink AboutPD-272-90 TOWN OF NEWCASTLE DN: DEV90065 REPORT File # ' Res. # By-Law # P U B L I C M E E T I N G METING, General Purpose and Administration Committee DATE: Monday, September 17, 1990 REPORT #: PD-272-90 FILE #: DEV 90-065 U&JE T. REZONING AND SITE PLAN APPLICATION - 767042 ONTARIO LTD. PART LOT 10, CONCESSION 1, FORMER TOWN OF BOWMANVILLE FILE: DEV 90-065 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 272-90 be received; 2 . THAT application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Young Min Architect on behalf of 767042 Ontario Ltd. be referred back to Staff for further processing. 3 . THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Applicant: 767042 Ontario Ltd. 1.2 Agent: Young Min Architect 1. 3 Rezoning Application: from "Urban Residential Type One (R1) " to an appropriate zone to permit the expansion of the convenience commercial and accessory apartment unit 1. 4 Land Area: 1047 m2 (0 .25 Acre) REPORT NO. : PD-272-90 PAGE 2 2. LOCATION 2 . 1 The subject property is located in Pt Lt 10, Conc . 1, former Town of Bowmanville. The lands front on the east side of Liberty Street and are municipally known as 101 Liberty Street. The property is north of Lovers Lane, south of Concession Street and west of Trudeau Drive. 3. BACKGROUND 3 . 1 Applications were received by the Town of Newcastle Planning and Development Department on July 17, 1990 . The rezoning application proposes to change the zoning of the property at 95 Liberty Street from residential to commercial to permit a convenience commercial use. Should the rezoning application be approved the proponent would consolidate two (2) properties (95 - 101 Liberty Street) to create one convenience commercial development totalling 385 square metres, with one accessory apartment unit. The applicant currently has an existing convenience commercial establishment with 148 .5 square metres of floor space and an accessory apartment unit on the second floor. The addition proposed through the subject applications would equal 237 square metres of retail floor space and a similar increase to the residential unit. 3 .2 The existing convenience commercial facility has been granted minor variances from the provisions of the Town's Comprehensive Zoning By-law due to non-compliance of side yard setback, 0.94 metres as opposed to 10 . 0 metres. The addition as proposed through site plan application further does not comply with the Town's Comprehensive Zoning By-law, in terms of parking requirements (4 short) ; loading space requirements ( 1 short) ; rear yard setback ( 1. 3 m as opposed to 10 . 0 m) ; and location of parking stall within 1. 5 m of a residential zone. These deficiencies must all be addressed through the zoning by-law amendment, should the application be considered for approval. 4 EXISTING AND SURROUNDING USES 4 . 1 The subject lands currently house a single family dwelling unit with accessory structure. . . . .3 REPORT NO. : PD-272-90 PAGE 3 Surrounding land uses include: South: existing strip residential fronting on Liberty Street East: vacant land and existing residential (Schickedanz subdivision) . North: the existing convenience commercial and strip residential fronting on Liberty Street. West: existing residential including a senior's residence and the local Registry office. 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. A few enquiries from neighbouring land owners have been made of the subject applications . 6 OFFICIAL PLAN POLICIES 6 . 1 Within the Durham Regional Official Plan the subject property is designated "Residential" . The residential policies encourage development with a variety of housing mix and type. However, convenience commercial uses which are compatible with their surroundings are permitted within the 'Residential' designation. The application would appear to comply. 6 .2 Within the Town of Newcastle Official Plan the subject property is located in Neighbourhood 11C'and is designated 'Low Density Residential' . The 'Low Density Residential' provisions allow a variety of housing style to a maximum of 30 units per net residential hectare. Convenience commercial facilities may be permitted in areas designated residential and shall be developed to provide items of daily necessity for residents of the surrounding neighbourhood. REPORT NO. : PD-272-90 PAGE 4 6 . 3 Convenience commercial facilities shall generally develop to a maximum gross retail and personal floor space of 500 square metres, and shall be located as close as possible to major pedestrian and vehicular routes . The application would appear to comply. 7 ZONING 7 . 1 The current zoning on the subject property is "Urban Residential Type One (R1) which permits singles, semi-detached/link units and duplex. The applicant is proposing a convenience commercial use which requires a neighbourhood commercial zoning. 8 AGENCY COMMENTS 8 . 1 In accordance with departmental procedure the subject application was circulated to a number of agencies and departments for comment. Todate comments remain outstanding from the Regional Planning Department and the Regional Public Works Department. 8.2 The Town of Newcastle Community Services Department has commented advising they have no objection in principle to the subject application subject to the appropriate cash-in-lieu of parkland dedication being received for the residential and commercial components . 8.3 The Public Works Department recommended that the proposal does not proceed until such time the applicant/owner has submitted engineering drawings satisfactory to the Public Works Department. Works Staff have also advised the applicant will be required to provide a cash contribution for future sidewalk construction on Liberty Street ($ 2577 . 00) ; that the applicant must provide a Storm Water Management and Grading Plan to the satisfaction of the Director of Public Works; and revise the site plan drawings in accordance with Town standards . 8 .4 The Newcastle Fire Department, the Newcastle Hydro-Electric Commission and the Newcastle Northumberland Public School Board have all advised they have no objection to the proposal as submitted. . . .5 1, 2 �� REPORT NO. : PD-272-90 PAGE 5 9 STAFF COMMENTS 9 . 1 The subject application appears to be in compliance with both the Regional and Local Official Plan's, as a convenience commercial development is permissible within a 'Residential' designation. 9 .2 The applicant is proposing to demolish an existing residential structure and accessory building in order to construct a 237 square metre addition to an existing neighbourhood commercial development. The addition would also permit the expansion of the second floor accessory apartment unit. Staff's preliminary review of the proposed application has identified various inadequacies in terms of satisfying the Town's Comprehensive Zoning By-law, which the proponent has been advised of. These details will be discussed further with the applicant in conjunction with the Public Works Department's requirements . 9 CONCLUSION 9 . 1 The purpose of this report is to facilitate the Public meeting as required by the Planning Act, to provide Committee and Council with some background on the application submitted and for Staff to indicate areas of concern regarding the subject application. It is recommend the application be referred back to Staff for further processing upon receipt of all outstanding comments and required revisions. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I.P. L wren P. Kotseff DIrector of Planning Chief inistrative and Development Officer CP*FW*cc *Attach 10 September 1990 . . .6 REPORT NO. : PD-272-90 PAGE 6 Interested parties to be notified of Council and Committee's decision: 767042 Ontario Ltd. 101 Liberty Street North BOWMANVILLE, Ontario L1C 2L8 Young Min Architect 6013 Young Street Suite 308 WILLOWDALE, Ontario M2M 3W2 ® SUBJECT SITE LOT II LOT 10 LOT 9 _ _� _ - ONCCSSION —'-STREET �- CONCESSIO STREET Z , RR4-1 I TR EAU RI x — C21 IMARCHWOOD CR. LOWE ✓✓✓ � UAIMAMER � D. R E 1 P LACE R 1 R1 � LIDERTY I /� •R�/? CARLISLE AWE. cr Ri yA, I a I % FR3 0 H Z HUR EP Q lS 4 R1-3 R1 (n Jr �r �r��.� ..�.r■�KING �� STREET 0 t ct C1 W ci N cl C1-3 [\JI Z QUEEN aGr �Z T A A X 0 RI-5 C <. �'M PRIHC STREET R3- W I at -JANE Rl 5<. � � ST N Cz 0 50 a0 200 3oom KEY MAP so.. Dev. 90-.065