HomeMy WebLinkAboutPD-161-91 THE CORPORATION OF THE TOWN OF NEWCASTLE
DN: DEV91032
P U B L I C REPORT
M E E T I N G
Meeting: General Purpose and Administration Committee Fife# 1�1� y."jloo3Z.
Date: Monday, July 22, 1991 Res. #
By-Lawn #
Report#:PD--161--9-1— File#: _ DEV 91-032 ( 10M-840)
Subject: REZONING APPLICATION - EIRAM DEVELOPMENT CORP.
PART LOT 10, CONCESSION 2, FORMER TOWN OF BOWMANVILLE
FILE: DEV 91-032 (10M-840)
Recommendaticris
it is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-161-91 be received;
2 . THAT application to amend the Town of Newcastle Comprehensive
Zoning By-law 84-63, as amended, submitted by G. M. Sernas and
Associates Ltd. on behalf of Eiram Development Corp. be Approved
as applied for to recognize two single family dwelling lots and a
semi-detached dwelling lot;
3. THAT the attached amendment to By-law 84-63 be APPROVED and that
a copy of this Report and Council's decision be forwarded to the
Region of Durham Planning Department; 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: Eiram Development Corp.
1 .2 Agent: G. M. Sernas and Associates Ltd.
1. 3 Rezoning Application:
from "Urban Residential Type Three (R3) " to an
appropriate zone to permit the development of two
single family dwelling lots having a minimum
frontage of 6 .4 m (21 . 0 ft) and a semi-detached
lot (two units) having a minimum frontage of 14 .0
m (45 . 9 ft) .
1 . 4 Land Area: 0 . 16 ha (0 . 39 acres)
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2 . LOCATION
2 . 1 The subject property is located is located in a newly registered
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PAPER PE C YIGL[
THOS IS PP MEU Q4 REGYCLED PAPER
REPORT NO. : PD-161-91 PAGE 2
plan of subdivision south of Concession Road 3 and east of
Liberty Street. The property is on the south east corner of
Elford Drive as register in 10M-840 . The lands are municipally
known as numbers 25, 27 , 29 and 31 Elford Drive and legally known
as part of Part Lot 10, Concession 2, former Town of Bowmanville,
being lots 85, 86, 87 and 88 of 1OM-840.
3. BACKGROUND
3 . 1 The subject rezoning application was received by the Town of
Newcastle Planning and Development Department on June 28, 1991.
The application proposes to recognize the lots, as described
above, and the single detached and semi-detached dwellings
contained thereon as constructed.
3 .2 The lots in question are part of plan of subdivision 18T-89041,
which was recommended for approval by Town Council and given
Draft Approval by the Region June 1990. The lots were
subsequently registered in compliance with the Town's
Comprehensive Zoning By-law as 'on-street townhouse' lots . The
subject lots were registered as four (4) pie shaped townhouse
lots in plan 10M-840 . The lands are zoned "Urban Residential
Type Three (R3) " which permitted four townhouse units provided
that, they had a minimum 6 . 0 metre frontage, 170 m2 lot area and
three or more units were connected by a common wall. In addition,
the Town's Public Works Department has an entrance policy, which
requires maintaining a minimum clearance from surrounding
utilities ( 1 .0 metre minimum) and ensuring no conflict between
abutting driveways .
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3 . 3 In preparing the siting plans for the units in question, the
applicant and his agent determined that due to the pie-shaped lot
and the driveway entrance of the proposed townhouse unit block,
the subject lots could not comply with the Town of Newcastle
Entrance Policy, or the zoning requirement of a common wall for f
three or more units . As a result the developer/builder sold and
REPORT NO. : PD-161-91 PAGE 3
commenced construction of dwellings on the lots in the form of
two singles and a semi-detached units . These 4 units do not
comply to the Zoning By-law requirements for lot frontage, lot
area and floor area.
3.4 Following the issuance of a "Stop Work Order" by the Chief
Building Official, the proponent filed applications for minor
variance. Applications A91/017, A91/018 and A91/019 were
considered by the Committee at their meeting of June 27, 1991,
and were DENIED on a tie vote. As a result, the applicant filed
the rezoning application to rectify the situation.
4 EXISTING AND SURROUNDING USES
4 . 1 The existing site currently houses two single family dwelling
units and a semi-detached dwelling unit. The subject lands are
in the middle of the registered plan of subdivision 1OM-840 and
are surrounded by newly constructed on-street townhouse and
linked dwelling units .
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
and tenant within the 120 metre prescribed distance. As of the
writing of this report no letters of objection or concern with
regards to the applications have been received.
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6 OFFICIAL PLAN POLICIES
6 . 1 Within the Durham Regional Official Plan the subject property is
designated "Residential" . The residential designation encourages
a wide variety of housing style type and tenure. The application
would appear to conform.
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6 .2 Within the Town of Newcastle Official Plan the subject property
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REPORT NO. : PD-161-91 PAGE 4
is designated "Medium Density Residential" . The four lots are
part of the surrounding townhouse development that is designated
for medium density residential development.
7 ZONING
7 . 1 The current zoning on the subject property is "Urban Residential
Type Three (R3) " , which permits single family dwellings, semi-
detached/linked dwellings, duplexes, on-street townhouse units
and block townhouse units . The lot frontage and lot area
requirements vary depending on the unit. The four lots would not
comply with the lot frontage requirements for single and semi-
detached/link units . In addition, one of the singles would not
comply with the minimum floor area requirements, while the other
single falls short of the minimum floor area and lot area
requirements .
8 STAFF COMMENTS
8. 1 Plan 1OM-840 recognized the four (4) lots in question as on-
street townhouse units . Through the draft approval process, the
intention was to create four lots for four dwelling units . In
preparing the siting plans for the units, the applicant and his
agent determined that the driveway entrances for the proposed
townhouse unit block could not comply with the Town of Newcastle
Public Works Entrance Policy and the dwellings could not be
constructed to have the three units connected by common wall.
The units (two semi-detached and two single family) proposed
would comply with the entrance policies but would necessitate an
amendment to the By-law.
8 .2 It is noted that the actual setback of the single family units on
lots 87 and 88 are well in excess of the minimum required
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distance of 6 .0 metres . By doing so the interior sideyard
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setbacks for each unit are also greater that the minimums
required by bylaw 84-63 .
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REPORT NO. : PD-161-91 PAGE 5
8 . 3 The dwellings constructed although in the form of singles and
semi-detached units are the same size and models as the on-
street townhouse units on adjacent lots .
9 CONCLUSION
9 . 1 It is staff's opinion that the siting and size of the units as
proposed would be appropriate, compatible and in keeping with the
adjacent residential units. There is no increase in actual unit
numbers or density therefore, Staff recommend that the attached
by-law recognizing the semi-detached and two single family
dwellings as constructed be Approved.
Respectfully submitted, Recommended for presentation
to the Committee
d k�
Franklin Wu, M.C. I .P. Lawrence Kotseff
DIrector of Planning Chief A i strative
and Development Officer
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CP*FW*cc
*Attach
15 July 1991
ATTACHMENTS:
Attachment No. 1 - Key Map
Attachment No. 2 - Plot Plan
Attachment No. 3 - Proposed By-law
Interested parties to be notified of Council and Committee's decision:
G. M. Sernas and Associates Eiram Development Corp.
110 Scotia Court 221 North Rivermede Road
Unit 41 Unit 17
WHITBY, Ontario CONCORD, Ontario
L1N 8Y7 L4K 3N7
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,n o (plates Ltd. TEL (476)432-7878
FAX (416)432-7877
N N � � B�:B Rarvxls
PROJECT N. SCALE DATE DRAWING No.
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 91-
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 recognize a semi-detached dwelling and
two single family dwelling units as proposed through application DEV 91.032.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle
enacts as follows:
1. Section 14.6"Special Exceptions- Urban Residential Type Three (R3) zone of By-law 84-68, as
amended, is hereby further amended by adding thereto the following new subsection 14.6.11:
"14.6.11 Urban Residential Exception (R3-11) Zone
Notwithstanding Section 14.6, those lands zoned"113-11" on the.schedules to this by-law shall be
subject to the following zone regulations.
i) Permitted Uses
a) a single family dwelling
b) a semi-detached dwelling
ii) Regulations for Residential Uses
a) Lot Area(minimum)
i) single 430 square metres
if) semi-detached 660 square metres
b) Lot Frontage (minimum)
i) single 6.0 metres
if) semi-detached 14.0 metres
c) Dwelling Unit Area (minimum) 90 square metres
2. Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing the zone
designation from:
"Urban Residential Type Three (R3)" to"Urban Residential Exception (R3.11)
as shown on the attached Schedule"A".
3. Schedule"A" attached hereto shall form part of this By-law.
4. This By-law shall come into effect on f ae 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 1991.
BY-LAW read a second time this day of 1991.
BY-LAW read a third time and finally passed this day of 1991,
MAYOR
CLERK
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This is Schedule "A" to By-law 91 - -,
passed this day ofi , 1991 A.D.
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