HomeMy WebLinkAboutPD-19-88 T)N: 19-88
TOWN OF NEWCASTLE -'
' REPORT File # ( /
Res. #
By-Law #
MEETING: General Purpose and Administration Committee
DATE: Monday, January 18, 1988
REPORT #: PD-19-88 FILE #: DEV 87-94
S1B.JECT: REZONING APPLICATION - HARRY CAMPBELL
PART OF LOT 11, CONCESSION 1, FORMER TOWN OF BOWMANVILLE
OUR FILE: DEV 87-94
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-19-88 be received; and
2. THAT Staff be authorized to proceed with the necessary Public Notices in
respect of the proposed amendment to By-law 84-63 included herein as
Attachment No. 1 thereby amending the definition of "Dwelling, Triplex"; and
3. THAT the application for rezoning of Part of Lot 11, Concession 1, former
Town of Bowmanville, submitted by Mr. Campbell, to permit the conversion of
a duplex to a triplex on the subject lands, be approved in principle and
that the by-law attached hereto to amend By-law 84-63, included herein as
Attachment No. 2 be forwarded to Council for approval at such time that the
by-law amendment referred to in Recommendation No. 2 is final and binding;
and
4. THAT a copy of said Report be forwarded to Mr. Harry Campbell.
. . .2
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REPORT 00. : PD-19-88 PAGE 3 {
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BACKGROUND AND COMMENT:
On November 6' 1987, the Planning Department received an application, submitted
by Mr. Harry Campbell to rezone a parcel of land located within Part Lot Il,
Concession l, former Tumu of 8owmouviIle, to permit the conversion of an
existing duplex to a triplex. The subject lands are designated "Residential',
within the Region of Durham Official Plan. The Regional 9Iao stipulates that
the predominant use of lands under this designation shall be for "Low Density
Residential" development.
The subject lands are designated "Low Density Residential" within the
8ownouviIle Major Urban Area Official Plan. The Town Plan stipulates that the
gcaGmmivaot use of lands under this designation shall be for "Low Density
Residential" development to a maximum density of 30 units per net residential
hectare. Accordingly, the subject property could support a maximum of three
(3) dwelling units in consideration of this density factor. Staff would note
that the subject lands are located adjacent to the Goodyear Plant and o railway
spur line servicing the plant operation. Within the Town of Newcastle Official
DIau" Section 7.2.1.3 relating to residential oaeo and in close proximity to
incompatible uses, states as follows:
"(vl) appropriate noise and vibration attenuation memoocea shall be a
necessary design consideration for all lands in proximity of
railway lines. All development applications for such lands shall
be accompanied by DIaoa showing the siting of dwellings, building
and structure designs, and vibration and noise attenuation
features.
(vii) Appropriate buffers shall be required to separate residential uses
from non-residential ooeo for the purposes of reducing or
eliminating conflicts such as noise, emissions and view.
Buffering may be achieved through the use of setbacks, berms,
walls, fences, planting, intervening land uses, or a combination �
of these measures. Buffering requirements shall be determined for |
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relevant development applications by the Town in consultation with
the Ministry of Environment and other affected public agencies at �
which time consideration shall be given to these specific |
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residential uses proposed, the nature and type of uses to be
protected" and the extent of the conflict." �
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REPORT NO. : PD-19-88 PAGE 3
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It is Staff's opinion that in consideration of the nature of the application,
request for an addition to an existing dwelling, the need for appropriate
buffering and noise attenuation measures are not necessary nor would the
rezoning application offend the intent of the Official Plan policies.
Within Zoning By-law 84-63, as amended, of the Town of Newcastle, the subject
lands are presently zoned "Urban Residential Type One (Rl)". This zone
presently permits a single detached dwelling, a semi-detached dwelling, and a
duplex.
In consideration with approved policy, the application was circulated to
various agencies and departments for their comments. The following is a
summary of comments which have been received by Staff for consideration. It is
noted that the following departments/agencies offered no objections to the
proposal:
- Newcastle Public Works Department
- Newcastle Fire Department
- Newcastle Hydro Electric Commission
Town of Newcastle Building Department
"The Town of Newcastle Building Department, in commenting on the application,
noted that any concerns pertaining to fire safety and construction, would be
dealt with through the Building Permit process."
Region of Durham Planning Department
"The subject property is designated "Residential". . . . The proposal for
conversion of a duplex to a triplex appears to satisfy the requirements of the
Regional Plan and accordingly may be permitted. With regards to servicing, the
subject property is presently serviced with sanitary sewer and municipal
water. . . Providing no additional service connections are required, we generally
have no objection to these servicing aspects. However, this proposal
constitutes creation of one (1) additional residential unit. In accordance
with our current development charges policy, payment of the applicable Regional
levies would be required. We respectfully request that, if you are
recommending approval of the proposal, the amending by-law not be passed until
the applicant has entered into an Agreement with the Region to cover all of
their concerns financial and otherwise."
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REPORT NO. : PD-19-88 PAGE 4
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Regional Assessment Department
"Our records indicate Mr. Campbell purchased the property in February, 1982 and
carried out some renovations. However, no mention of a basement apartment is
made. In 1986 we issued a supplementary assessment for a basement apartment
and entrance."
Staff would note for the Committee's information that, in 1983, Mr. Campbell
received two (2) building permits, one for a new entrance and one for a new
bathroom for a single family dwelling. Staff would note that no building
permit was issued in consideration of the conversion of the single family
dwelling into a duplex. It is noted furthermore that in consideration of the
Town of Newcastle By-law pertaining to the prescribing of fees, ie. payment of
lot development charges, the Town did not receive the lot development charge
applicable at such time that the duplex conversion was completed.
It is noted for the Committee's information and consideration that Staff
generally have no objection to the proposal to increase the number of units to
three (3) . Staff would note that within By-law 84-63, the definition of
"Dwelling, Triplex" shall mean a building that is divided horizontally into
three (3) separate dwellings, each of which has an independent entrance either
directly from the outside or through a common vestibule. Staff would note that
in consideration of the present configuration of the duplex and proposed
addition, the building would be divided not only horizontally, but vertically
into three (3) separate dwellings, each of which has an independent entrance.
Should Committee and Council deem it appropriate to approve the application,
Staff would acknowledge that the definition of a "Triplex" would require an
amendment thereby acknowledging that the separate dwelling units may be divided
both horizontally and vertically.
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REPORT NO. : PD-19-88 PAGE 5
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In consideration of same, Staff has attached, as an Attachment to this Report,
a by-law amendment thereby amending the definition of a "Triplex" to include
the words "vertically and/or" immediately proceeding the word "horizontally".
The definition of "Dwelling, Triplex" would then read as follows:
"Shall mean a building that is divided vertically and/or horizontally
into three (3) separate dwellings each of which has an independent
entrance either directly from the outside or through a common
vestibule."
In consideration of the above-noted comments, Staff would have no objections to
the application as submitted and the approval of the recommendations as
contained within said Report. Staff would acknowledge that in consideration of
the comments of the Regional Municipality of Durham and the conversion of the
single family home to a duplex and subsequently to a triplex, that should
Committee deem it appropriate to approve the application, Staff would note that
prior to the Town's issuance of a building permit that:
1. the applicant satisfy the Region of Durham financially and otherwise.
2. the applicant pay to the Town the appropriate lot development charges for
the existing second and proposed third units in consideration of the Lot
Development By-law.
3. the applicant satisfy the parking requirements as noted within By-law
84-63 (5 spaces required) .
Staff would acknowledge that, should the Committee deem it appropriate to
approve the proposed by-law amendment thereby amending the definition for
triplex, Staff would proceed with the preparation of the appropriate Public
Notice.
Respectfully submitted, Recommended for presentation
to the Committee
- ---------- -----------------
-?T.T. Ed M.C.I.P. Lawrence E Kotseff
mi st
14DirecEtor OW Planning Chief A mi strative Officer
PBN*TTE*jip
*Attach.
January 8, 1988
APPLICANT: Mr. Harry Campbell
10 Argyle Street
BOWMANVILLE, Ontario
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Dev . 87 � 94
DN: 87-94
ATTACHMENT NO. 1
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 88-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law of
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.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Town of Newcastle enacts as follows:
1. Section 2 of By-law 84-63, as amended definitions, is hereby amended by
changing the definition of "Dwelling Triplex" to read as follows:
"Dwelling, Triplex
Shall mean a building that is divided vertically and/or horizontally
into three separate dwellings each of which has an independent entrance
either directly from the outside or through a common vestibule."
2. This By-law shall come into effect on the date of passing hereof,
subject to the provisions of Section 34 of the Planning Act.
BY-LAW read a first time this day of 1988
BY-LAW read a second time this day of 1988
BY-LAW read a third time and finally passed this day of
1988.
MAYOR
CLERK
DN: 87/94
ATTACHMENT NO. 2
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 88-
being a By-law to amend By-law 84-63, the Comprehensive zoning By-law of
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.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Town of Newcastle enacts as follows:
1. Section 12.4 "Special Exceptions - Urban Residential Type One (R1)"
zone of By-law 84-63, as amended, is hereby further amended by adding the
following new Subsection 12.4.18:
1112.4.18 URBAN RESIDENTIAL EXCEPTION (R1-18) ZONE
Notwithstanding Section 12.1, those lands zoned "R1-18" on the
Schedules to this By-law may in addition to other uses permitted in
the "Rl" zone, be used for a triplex. The placement of buildings
and structures shall be subject to the regulations set out in
Section 12.2 in respect of a duplex dwelling.
2. Schedule 3 to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from "Urban Residential Type One (R1)" to
"Urban Residential Exception (R1-18)" zone, as indicated on the attached
Schedule "X" hereto.
3. Schedule "X" attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of passing hereof,
subject to the provisions of Section 35 of the Planning Act.
BY-LAW read a first time this day of 1988
BY-LAW read a second time this day of 1988
BY-LAW read a third time and finally passed this day of
1988.
MAYOR
CLERK
This is Schedule X to By-law '88-- ,
passed this —. day of , 1988A.D.
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DN: 87/94
ATTACHMENT NO. 2
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 88-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law of
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.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Town of Newcastle enacts as follows:
1. Section 12.4 "Special Exceptions - Urban Residential Type One (R1)"
zone of By-law 84-63, as amended, is hereby further amended by adding the
following new Subsection 12.4.18:
"12.4.18 URBAN RESIDENTIAL EXCEPTION (R1-18) ZONE
Notwithstanding Section 12.1, those lands zoned "R1-18" on the
Schedules to this By-law may in addition to other uses permitted in
the "R1" zone, be used for a triplex. For the purposes of this
subsection, a dwelling, triplex shall mean a building that is
divided vertically and/or horizontally into three separate dwellings
each of which has an independent entrance either directly from the
outside or through a common vestibule. The placement of buildings
and structures shall be subject to the regulations set out in
Section 12.2 in respect of a duplex dwelling.
2. Schedule 3 to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from "Urban Residential Type One (R1)" to
"Urban Residential Exception (R1-18)" zone, as indicated on the attached
Schedule "X" hereto.
3. Schedule "X" attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of passing hereof,
subject to the provisions of Section 35 of the Planning Act.
BY-LAW read a first time this day of 1988
BY-LAW read a second time this day of 1988
BY-LAW read a third time and finally passed this day of
1988.
MAYOR
CLERK
THE CORPORATION OF
THE TOWN OF NEWCASTLE
SEND 40 TEMPERANCE STREET
TO - �'r'� BOWMANVILLE, ONTARIO
L 4 C 3A6
DEPT.
FROM DATE
SUBJECT �r' 1 k i,
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REPLY
REPLY FROM REPLY DATE
DN: 87/94
ATTACHMENT NO. 2
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 88-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law of
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.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Town of Newcastle enacts as follows:
1. Section 12.4 "Special Exceptions - Urban Residential Type One (Rl)"
zone of By-law 84-63, as amended, is hereby further amended by adding the
following new Subsection 12.4.18:
"12.4.18 URBAN RESIDENTIAL EXCEPTION (R1-18) ZONE
Notwithstanding Section 12.1, those lands zoned 11R1-18" on the
Schedules to this By-law may in addition to other uses permitted in
the "R1" zone, be used for a triplex. The placement of buildings
and structures shall be subject to the regulations set out in
Section 12.2 in respect of a duplex dwelling.
2. Schedule 3 to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from "Urban Residential Type One (Rl)" to
"Urban Residential Exception (R1-18)" zone, as indicated on the attached
Schedule "X" hereto.
3. Schedule "X" attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of passing hereof,
subject to the provisions of Section 35 of the Planning Act.
BY-LAW read a first time this day of 1988
BY-LAW read a second time this day of 1988
BY-LAW read a third time and finally passed this day of
1988.
MAYOR
CLERK
DN: 87/94
ATTACHMENT NO. 2
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 88-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law of
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.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Town of Newcastle enacts as follows:
1. Section 12.4 "Special Exceptions - Urban Residential Type One (R1)"
zone of By-law 84-63, as amended, is hereby further amended by adding the
following new Subsection 12.4.18:
"12.4.18 URBAN RESIDENTIAL EXCEPTION (R1-18) ZONE
Notwithstanding Section 12.1, those lands zoned "R1-18" on the
Schedules to this By-law may in addition to other uses permitted in
the "Rl" zone, be used for a triplex. For the purposes of this
subsection, a dwelling, triplex shall mean a building that is
divided vertically and/or horizontally into three separate dwellings
each of which has an independent entrance either directly from the
outside or through a common vestibule. The placement of buildings
and structures shall be subject to the regulations set out in
Section 12.2 in respect of a duplex dwelling.
2. Schedule 3 to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from "Urban Residential Type One (R1)" to
"Urban Residential Exception (R1-18)" zone, as indicated on the attached
Schedule "X" hereto.
3. Schedule "X" attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of passing hereof,
subject to the provisions of Section 35 of the Planning Act.
BY-LAW read a first time this day of 1988
BY-LAW read a second time this day of 1988
BY-LAW read a third time and finally passed this day of
1988.
MAYOR
CLERK