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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 / �' REPORT 00. : PD-19-88 PAGE 3 { _______________________________________________________________________________ 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 | | 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 | | residential uses proposed, the nature and type of uses to be protected" and the extent of the conflict." � ! 3 . ^ ^ � � | i REPORT NO. : PD-19-88 PAGE 3 -------------------------------------------------------------------------------- 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." . . .4 REPORT NO. : PD-19-88 PAGE 4 ------------------------------------------------------------------------------- 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. . . .5 J REPORT NO. : PD-19-88 PAGE 5 ------------------------------------------------------------------------------- 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 UC lJl gC ) �o PO O o50� ee `po STR EEC. ARG o c c� u� m c� SUBJECT SITE LOT 12 LOT 11 LOT 10 A A �g � 'fir c c, %� 4 R3 R 1 P P`` R/•% � R N C ' cl Ci R Sr �`�.�.�....�.��..�.... ��...��KING i RFFr oP cl cl aGl 0y� N ST, R1-5 1 Rl-5 LL c t. PRINC STREET P ' z 1 P� JANE 0 RlR4 T W M2-1 TH J z 0 P C7 ( PARKWAY CRES. PARK T PARKWAY N/ . � 1 = ANNE ST. R1 I ' ll PARKWAY CRES. PINE ST. R4 4 7 � EP 0 50 100 200 300 m KEY ' amAP 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. 0 A 5 Ao 1y.a3 29.1 6� STRE A G Cn � m � ZONING CHANGE FROM 1 R1 I TO ' RI - 18 ' 0 5 10 20 40m Mayor IOmS 6 4 2 0 Cleric LOT 12 LOT I I LOT 10 cl CCU R CI 1•CI xix I� 1 �;�p NCI I CI 60CI � CI SUBJECT RI-5 g SITE A z R1 0 N N M2-1 �� .Y . I U z 0 C7 W MRRWIY V P J m R Y xx R1 I f C2 R4.4 C7 EP BASELINE ROAD 0 60 100 200 300M BOWMANVILLE 60m 0 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, ,o A,. J Vq I r z 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