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HomeMy WebLinkAboutPD-226-91 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: DEV91040.GPA REPORT P U B L I C M E E T I N G Meeting: General Purpose and Administration Committee File # Date: Monday, October 7, 1991 Res. # PD-226-91 DEV 91-040 By-Law# Report #: - File#: Subject: REZONING APPLICATION - DURHAM REGION NON PROFIT HOUSING PART LOT 28, CONCESSION 2, FORMER VILLAGE OF NEWCASTLE FILE: DEV 91-040 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-226-91 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, to permit the development of one (1) semi-detached dwelling to be used by developmentally handicapped persons, be APPROVED; 3 . THAT the attached amending by-law be APPROVED; 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: Durham Region Non Profit Housing Corporation 1. 2 Zoning Amendment: From in part "Urban Residential Type One - Special Exception (R1-1) and in part "Environmental Protection (EP) 11 to an appropriate zone in order to permit the development of one (1) semi-detached dwelling with a total of two (2) units to be used by developmentally handicapped persons. 1. 4 Area: . 125 hectares ( . 30 acres) 1 2 . BACKGROUND 2 . 1 On July 22 , 1991, the Town of Newcastle Planning and Development Department received an application, submitted by Durham Region Non 2 REPORT NO. PD-226-91 PAGE 2 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 of Newcastle. 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 a result of the public notification process the Planning and Development Department has received one (1) written submission in which an area resident expressed concerns over the proposal's possible negative impact upon property values. In addition, 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. 3 . 3 It is noted that a public meeting was held on September 9, 1991. This public meeting is necessary to ensure all abutting property owners are notified in accordance with the Planning Act. 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 �} . . . . . 3 REPORT NO. PD-226-91 PAGE 3 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 in part "Urban Residential Type One - Special Exception (R1-1) " and in part "Environmental Protection (EP) " . The current zone category recognizes only single family dwellings as permitted uses and since the applicant is proposing the construction of a semi-detached dwelling to be used by developmentally handicapped persons, 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 are located adjacent to a tributary of Foster Creek and that this tributary of Foster Creek provides warm water habitat for a variety of fish species. In a letter dated August 21, 1991, the Ministry had requested a 15 metre setback from the centerline of the creek, however, after conducting a site inspection, the Ministry subsequently determined that this setback requirement was not necessary. Therefore the Ministry offers no objection to the application but recommends that the owner use erosion and sedimentation control devices during the construction of the building to prevent siltation of the tributary. 6. 3 The Ganaraska Region Conservation Authority has advised that the subject property is partly located within the floodplain of a small �' . . . . .4 REPORT NO. PD-226-91 PAGE 4 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 be imposed through the related consent applications LD 172/91 and LD 173/91. 6. 5 The balance of the circulated agencies which provided comments were the Town of Newcastle Community Services Department, the Fire Department, the Regional Works Department and the Regional Planning Department. None of these departments have provided objectionable comments with respect to the subject application. The Newcastle Hydro Electric Commission has yet to respond to the circulation. 7 STAFF COMMENTS 7 . 1 The subject application proposed to amend the zone category of a . 125 hectare ( . 30 acre) parcel of land located in Part Lot 28, Concession 2 , former Village of Newcastle in order to add as a permitted use, a semi-detached dwelling which would be used by developmentally handicapped persons. 7. 2 The subject property and the surrounding area is currently zoned "Urban Residential Type One - Special Exception (R1-1) which permits only single family dwellings on lots with a minimum of 18 metres (59. 05 feet) frontage and 650 square metres (7000 square feet) of lot area. The applicant is proposing to develop one (1) semi-detached dwelling with a total of two (2) units on a lot which . . . . .5 REPORT NO. PD-226-91 PAGE 5 has 41. 325 metres (135. 5 ft. ) of frontage and 1259. 58 square metres (13 , 558 .5 sq. ft. ) of lot area. Therefore it can be seen that the density of the proposal is compatible with the density of the surrounding area since even though the proposal contains two (2) units, the proposed lot is nearly twice the size of existing lots in the surrounding area. Therefore, the Planning and Development Department is of the opinion that the introduction of a semi- detached dwelling will not have an adverse impact upon the surrounding area. 7 . 3 At the Public Meeting held on September 9, 1991, several area residents expressed concerns over not just the form of the housing but with the proposed use as a home for developmentally handicapped persons. Staff have reviewed the merits of the application and are of the opinion that uses of this nature should be located in residential neighbourhood where shopping, personal and business services, offices, social, cultural and recreational activities are nearby. The subject lands are located in close proximity to the Newcastle Village Main Central Area and Staff are therefore of the opinion that the site is an appropriate location for such a use. 7.4 In addition, the Committee should be aware that there are pertinent non-planning issues which should be considered by both Committee and Council. The Committee will have to determine whether or not the municipality has a moral obligation to recognize the need for this type of use within the community. While this issue is not a "planning-related" issue, Staff advise that the issue is legitimate and relevant and as such should be considered by the Committee. In addition, the Committee should be aware that the Planning Act prohibits "people" zoning. In other words, municipalities can regulate the use of land but cannot dictate who shall reside in the building. Therefore, if the municipality were to deny the application on the grounds that the dwelling houses developmentally handicapped persons, the Town will be subject to legal challenge and will have no chance for success in the Court of Law or before the Ontario Municipal Board. . . . . . 6 REPORT NO. PD-226-91 PAGE 6 7 . 5 Finally for the Committee's information, the issue of parking and driveway facilities was raised at the previous Public Meeting. Staff advise that the applicant has provided a diagram, attached at the end of this report, which shows how the applicant proposed to provide parking and driveway facilities in accordance with the requirements of the Town's Zoning By-law. However, Staff note for the Committee's information that site plan approval is not required for semi-detached dwellings and the diagram for parking is attached for information purpose only. 7. 6 After reviewing the applicable provisions of the Town of Newcastle Comprehensive Zoning By-law 84-63 , the Planning and Development Department have determined that, the zone category of the subject lands should be amended to "Urban Residential Type One - Special Exception (R1-6) " to permit a group home which is the most appropriate zoning category to reflect the proposed use. 8. CONCLUSION 8 . 1 In view of the comments contained within this report, the Town of Newcastle Planning and Development Department respectfully recommends that the application be approved and that the attached amending by-law be passed. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I.P. Lawren e . Kotseff Director of Planning Chief id inistrative and Development Officer WM*FW*cc *Attach 30 September 1991 list.- TREE 1 2,,336 m ML1NROE N72o j6, 341E E 19 gS9 m M 19,9g9 n' r-; 2036 m i so 3EC o 'o .co 0 cr- r- 3 'o J o SENT BY:DUR REG II!/F HS6 CORP 03:59FM SEP 26 "91 1t:elf GRLLHN 1 HR(HI I EC:I 41b 4b44 i I . I 1 I 1 i � i JI , I i i p W a 1 . l 1 } 1 I i I I I 11 I wJ i i i i 4156234109 r,cI4 C 4365361 N W z i tl� Q Ci � T ELI z � a � 1 . l 1 } 1 I i I I I 11 I wJ i i i i 4156234109 r,cI4 C N a i SUBJECT SITE LOT 29 LOT 28 LOT 27 C4 R1-22 ' ! R1 R2-5 R i RH Ml-1 N MONROE z STRIA 0 EF�i EP Ri R1-1 Ld AKkk t7 P4 R1'1 i R1 t z HR2 \� �M1L 1 ,_ O R l 1 N RI-3 Ri Cl Ci C1 KING ST T lei C� Ct Rt ! 1 P2 -2 N r�G -WILY 1 1 z R2 V r,F- U F C.KEY MAP 50m 100 20'Om ' A Dev, 91 -04-0 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 implement application DEV 91-040. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Schedule "5"to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Urban Residential Exception (Rl.-1)" '.o "Urban Residential Exception (RI-6)". 2. Schedule "A"attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the 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 This is Schedule "A" to By-law 91 , passed this day of , 1991 A.D. MONROE STREET 720 18'30 E 1~( 41.325 41325 o M W NW I.J.. � A• >ti' 3 I,-^ OD Lo F--f 41325 ��1 ® ZONING CHANGE FROM " RI- 11 11 TO 11 R1-611 ZONING TO REMAIN 11 EP" 0 5 10 20M Mayor 10 8 6 4 2 0 Clerk LOT 29 LOT 28 LOT 27 SUBJECT SITE ARl- � RR2-5 1 R1.1 i MI- � N I' Z E EP RFI O I RI RH W � R U EP4 RH 1 RI O RI-I u N RF3 Rt Cl q '¢ Cl 11C11 RI I 2 R2 R1.1 1n R2 s z n 8 0 1 100 200 300 m NEWCASTLE VILLAGE , 5 2 !`, �R4Q!Q�I