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Home My WebLink AboutPD-190-91 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: DE91-040 .GPA REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File# 14 M, 0 Date: Monday, September 9, 1991 Res. Report :PD-190-91 File #: DEV 91-040.GPA By-Law# Subject: REZONING APPLICATION - DURHAM REGION NON-PROFIT HOUSING PART LOT 28, CONCESSION 2, FORMER VILLAGE OF NEWCASTLE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-190-91 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 be referred back to staff for further processing and the preparation of a subsequent report pending the receipt of all outstanding comments; and 3. THAT the interested parties listed in this report and any delegation be advised of Council 's decision. 1. APPLICATIONS DETAILS 1. 1 Applicant: Durham Region Non-profit Housing Corp. 1. 2 Zoning Amendment: From - in part Urban Residential Type One- Special Exception (Rl-l) and in part Environmental Protection (EP) To - an appropriate zone in order to permit the development of one ( 1) semi-detached dwelling with a total of two (2) units . 1 . 3 Area: . 125 hectare ( . 30 acre) 2. BACKGROUND 2 . 1 On July 22, 1991, the Town of Newcastle Planning and Development Department received an application, submitted by Durham Region J P11 IS P-R REPORT NO. : PD-190-91 PAGE 2 Non-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 ( 135 .49 feet) east of Mill Street but is more formally described as Part Lot 28, Concession 2, in the former Village. 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 As of the writing of this report, no written submissions have been received. However, Staff have received one (1) telephone inquiry from a property owner in the surrounding area who requested more detailed information with respect to the proposal. 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. 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 Urban Residential Type One - REPORT NO. : PD-190-91 PAGE 3 Special Exception (Rl-1) . The current zone category recognizes only single family dwellings as permitted uses and since the applicant as proposing the construction of a semi-detached dwelling, 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 to date. 6 .2 The Ministry of Natural Resources has advised that the subject lands abut a tributary of Foster Creek and that this tributary provides warm water habitat for a variety of fish species. As a result, the Ministry of Natural Resources is concerned with possible negative impacts a semi-detached dwelling may have on the watercourse. Therefore, the Ministry of Natural Resources has no objection to the application provided that the proposed dwelling maintains a setback of 15 metres (49 .21 feet) from the centreline of the creek. 6 . 3 The Ganaraska Region Conservation Authority has advised that the 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 REPORT NO. PD-190-91 PAGE 4 be imposed through the related consent applications LD 172/91 and LD173/91. 6 .5 The balance of the circulated agencies which provided comments were the Town of Newcastle Community Services Department and the Town of Newcastle Fire Department. Neither of these departments provided objectionable comments with respect to the subject application. The Newcastle Hydro Electric Commission, the Regional Planning Department and the Regional Works Department have all yet to respond to the circulation. 7. STAFF COMMENTS 7 . 1 The application form filed with the Municipality indicates that the applicant is intending to create one semi-detached dwelling for a total of two units . Recent discussion among the Regional Planning Department, the Town's Planning Department and the applicant would tend to indicate that in fact the applicant is seeking to develop a group home in the form of a semi-detached dwelling since a 24 hour support care staff will be provided on the premises by the D'Arcy Place Development Centre. 7 .2 Therefore, if it is confirmed that the site is to be developed in this manner, staff contend that the applicant would be seeking to amend to the zoning by-law to permit a group home and not a semi- detached dwelling as per the definitions of By-law 84-63 . Since the Public Notice and the Public Meeting sign both make reference to the application proposing a "semi-detached dwelling" , it may be necessary to hold a second Public meeting since insufficient notice would have been provided by the Municipality based upon the information provided by the applicant. 7 . 3 Nevertheless, in view of the outstanding comments and the issue of public notice it would be in order to have the application referred back to staff for further review to determine if a second public meeting is warranted. Fx : . REPORT NO. : PD-190-91 PAGE 5 Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. Lawrenc Kotseff Director of Planning Chief A14nistrative and Development Officer WM*LT*FW*df *Attach 29 August 1991 Interested parties to be notified of Council and Committee's decision: Durham Region Non-Profit Housing Corp. 1615 Dundas Street East 4th Floor, box 623 Whitby, Ontario. 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