HomeMy WebLinkAboutPD-306-90 TOWN OF NEWCASTLE
REPORT File #
��i ��•�� ,.� N: KUIPERS.GPA Res. #
r�-�• By-Law #
P U B L I C M E E T I N G
MEETING: General Purpose and Administration Committee
DATE: Monday, October 22, 1990
REPORT #: PD-306-90 FILE #: DEV 90-072
SUBJECT: REZONING AND SITE PLAN APPLICATION — RUIPERS
PART LOT 11, CONCESSION 1, FORMER TOWN OF BOWMANVILLE
FILE: DEV 90-072
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-306-90 be received;
2 . THAT application to amend the Town of Newcastle Comprehensive
Zoning By-law 84-63, as amended, submitted by Abbott Drafting and
Design on behalf of Cory Kuipers 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: Cory Kuipers (Northcutt Elliot Funeral Home)
1.2 Agent: Abbott Drafting and Design
1.3 Rezoning: from "Urban Residential Type One Exception (R1-12) " to
an appropriate zone to permit the creation of a parking
lot to be used in conjunction with the existing funeral
home use.
1.4 Land Area: 1226 m2 (0 . 3 Acre)
2. LOCATION
2 . 1 The subject property is located in Pt Lt 11, Conc . 1, former Town
of Bowmanville. The lands are located on the north east corner of
Wellington Street and Division Street and are municipally known as
53 and 55 Division Street and 70 Wellington Street. - . . .2
`� 10
REPORT NO. : PD-306-90 PAGE 2
3. BACKGROUND
3. 1 Applications for rezoning and site plan approval were received by
the Town of Newcastle Planning and Development Department on August
2, 1990 . On August 29, 1990, the Planning Department was advised
of an application for Official plan Amendment (O.P.A. 90-074/N)
related to the subject property. In August the Planning Department
was also requested to provide comments on a land severance
application (LD 379/90) related to the subject site. The severance
application is proposing to sever the rear yard from the property
immediately to the north of the funeral home and meld said yard
with the funeral home, thereby retaining the existing dwelling and
providing additional lands for the proposed parking lot.
3 .2 The applicant is proposing to redesignate and rezone the property
to recognize the existing funeral home operation which is a legal
non-conforming use. In addition, the proponent, through related
applications, seeks to sever the rear yard of the adjoining
residential property to the north and meld it with the corner
property. The additional lands would be utilized for off-street
parking for the funeral home use, currently there is none
available. The application as submitted also proposed to rezone
the adjoining residential lands to the east to permit a future
expansion of the funeral home use on said property.
3. 3 Regional Planning Staff have advised that upon further review of
the Official Plan Amendment application it was determined that an
amendment to the local plan is not required. Accordingly, Regional
Planning Staff have prepared a report for Planning Committee's
consideration at the meeting of October 9, 1990, recommending the
Official Plan Amendment application file be closed. As of the
writing of this report Staff have not yet received a copy of
Planning Committee's recommendation to Council.
3.4 The applicant has recently advised that he wished to amend the
subject rezoning application to only deal with the property which
REPORT NO. : PD-306-90 PAGE 3
houses the existing funeral home and the lands proposed to meld
with the corner property currently subject to severance application
LD 379/90 . The property municipally known as 70 Wellington Street
is being deleted from the application.
4 EXISTING AND SURROUNDING USES
4 . 1 The subject lands consist of the existing funeral home and
accessory dwelling unit, and the rear yard of the adjacent
residential property to the north.
4 .2 Surrounding land uses are as follows:
South: existing residential dwellings.
East: existing residential dwellings.
North: existing residential dwellings.
West: existing residential dwellings.
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.
5 .2 A few enquiries from neighbouring land owners have been made of
the subject applications, however, no objections or concerns have
been raised with regards to the proposed development.
6 OFFICIAL PLAN POLICIES
6 . 1 Within the Durham Regional Official Plan the subject property is
designated "Residential" the funeral home would not be considered
a permitted use within this designation. However, Section 16 .6 .5
of the Durham Plan allows Council at it's discretion, to zone to
permit the continuation, expansion or enlargement of existing non-
conforming uses. Each application is to be considered and reviewed
on its own merits and may be subject to site plan control.
REPORT NO. : PD-306-90 PAGE 4
6 .2 Within the Town of Newcastle Official Plan the subject property is
designated "Low Density Residential" . Within this designation
only residential uses and accessory uses thereto are permitted.
Section 7 .4 .2 . of the Town's Plan allows Council to pass a by-law
permitting an extension or enlargement of non-conforming uses
subject to conditions . In such case, Council must be satisfied
that the proposed extension or enlargement shall not unduly
aggravate the situation created by the existence of the use; the
expansion or enlargement shall be in an appropriate proportion to
the size of the non-conforming use as established; the
characteristics of the proposal shall not be a nuisance or
incompatible with the surrounding area; that neighbouring
conforming uses shall be protected through the use of adequate
buffering, landscaping or screening; and that the enlargement or
extension shall not adversely affect traffic or parking conditions
in the neighbourhood.
7 ZONING
7 . 1 The current zoning on the subject property is "Urban Residential
Type One Exception (R1-12) which in addition to a single detached
dwelling, semi-detached/link unit and duplex permitted in the "Rl"
zone, the R1-12 also permits a converted dwelling. The applicant
is proposing to recognize and expand the existing funeral home use
which is not a permitted use in the residential zone.
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 Town of Newcastle Public Works Staff have advised they have
reviewed the subject applications and have no objection in
principle subject to conditions . The applicant will be required
to provide any easements required by the Town free and clear of
�� . . . .5
REPORT NO. : PD-306-90 PAGE 5
any encumbrances; the applicant will bear the costs 100% of any
works on Wellington Street and/or Division Street necessitated as
a result of this development; and the applicant will provide the
Works Department with a Master Drainage and Lot Grading Plan
satisfactory to the Director of the Public Works Department.
8. 3 The Community Services Department review of the application
provided no objection to the proposal. Community Services Staff
have requested a 2% dedication requirement being provided as cash-
in-lieu of parkland
8 .4 The Newcastle Fire Department and the Newcastle Hydro-Electric
Commission have both advised they have no objection to the further
processing of the subject application.
9 STAFF COMMENTS
9 . 1 The application for rezoning and site plan approval proposes to
legalize the existing non-conforming funeral home use and allow the
creation of a parking lot, to be used in conjunction with said
funeral home on the adjacent lands to the north. The proposed off-
street parking to be provided is an improvement to the funeral home
use which currently has none available.
9 .2 Staff's review of the site plan application has noted deficiencies
in terms of the lack of landscaping between the proposed parking
area and abutting residential uses . In addition, not all of the
aisles between parking stalls comply with the minimum requirements
of 6 . 0 m (20 ft) . These items as well as the Public Works
Department request for a Master Lot Drainage Grading Plan must be
addressed prior to a final recommendation from Staff.
10 CONCLUSION
10 . 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
.114 . . . .6
REPORT NO. : PD-306-90 PAGE 6
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
row
Franklin Wu, M.C. I.P. Lawrenc E. Kotseff
DIrector of Planning Chief inistrative
and Development Officer
CP*FW*cc
*Attach
11 October 1990
Interested parties to be notified of Council and Committee's decision:
Jerry Heal
Halco Building Components
1748 Baseline Road
Box 8, Group 10,
R.R. #2
BOWMANVILLE, Ontario
L1C 3K3
Abbott Drafting and Design
172 King Street East
Suite 303
OSHAWA, Ontario
L1H 1B7
Mr & Mrs Kuipers
53 Division Street North
BOWMANVILLE, Ontario
L1C 2Z8
J'.
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WELLINGTON STREET PARTS OF LOTS 1,2 AND 3, BLOCK V, ACCORDING METRIC „
TO JOHN GRANTS PLAN IN THE FORMER TOWN OF
BOWMANVILLE (Part of Lot 11, Concession 1, Geographic -
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NOW WITHIN THE LIMITS OF THE
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REGIONAL MUNICIPALITY OF DURHAM
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