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CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director
HAMPTON,ONTARIO LOB UO TEL.(416)263.2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF JANUARY 16, 1984
REPORT NO. : PD-24-84
SUBJECT: APPLICATION FOR REZONING - KRACO CARPENTRY
SERVICES LTD. (W. KRAAYVANGER)
PART LOT 29, CONCESSION 2, NEWCASTLE VILLAGE
FILE: DEV 83-35
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following :
1 . That Report PD-24-84 be received ; and
2. That application for rezoning DEV 83-35 be
approved; and
3. That the By-law attached to this Report to
amend By-law 79-44, as amended, of the former
Village of Newcastle, be forwarded to Council
for approval at such time as the Region of
Durham's and the Town of Newcastle 's require-
ments with respect to the development of the
parcel subject to the rezoning , are complied
with to the satisfaction of the Region and the
Town.
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REPORT NO. : PD-24-84 Page 2
BACKGROUND:
On November 24, 1983, Kraco Carpentry Service Ltd. submitted
an application to rezone a 2,92.7 square metre (31 ,512 square
feet) parcel of land in Part Lot 29, Concession 2, Newcastle
Village from "R-1 -Residential " and "RU-Rural " to an
appropriate zone to permit the construction of four (4)
townhouse units. The southerly 39.6 metres (130 feet) is
zone "R-1 " , while the remainder of the parcel is zoned
11RU".
The parcel was the subject of two severance applications
considered by the Land Division Committee on November 14,
1983. The application proposed to sever off two (2) 845.4
square metre (9,100 square feet) lots from a larger parcel ,
with the retained lot being the parcel subject to the
current rezoning application . The applicant indicated that
he intended to construct one (1 ) single family dwelling on
each of the separate lots and a four-plex or a six-plex on
the retained parcel .
Town staff' s comments to the Land Division Committee on the
two severance applications are attached to this report. In
those comments , Staff noted that the two severed lots are
zoned "R-1 " and comply with the minimum frontage and area
requirements for new lots. Staff further noted that, based
on the density maximum permitted by the Newcastle pillage
Official Plan, a total of six dwelling units would be
permitted on the entire parcel . Since one signle family
dwelling is proposed to be constructed on each of the
severed lots, a maximum of four residential units would be
permitted on the retained land. Staff recommended approval
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REPORT NO. : PO-24-84 Page 3
of the two severance applications, conditional upon a
rezoning being obtained for the retained parcel . The Land
Division Committee resolved to table the applications to
permit the applicant to obtain the required rezoning.
In accordance with departmental procedure, the subject
rezoning application was circulated to various departments
and agencies for comment. The following is a summary of the
comments received:
The Town of Newcastle Public Works Department
"We have reviewed this application for rezoning and submit
the following comment :
1 . The existing sidewalk must be removed and upgraded for
the width of the proposed access in accordance with our
Design Standard.
2. Since this proposal will increase significantly the
run-off characteristics of the site, we require a lot
grading scheme to be submitted to this Department for
our approval ."
Town of Newcastle Fire Department
"This Department has no objection to the application for
rezoning. Building construction to be in accordance with
the Ontario Building Code and the Ontario Fire Code. Access
route -to a building is required in conformance with the
Building Code, the design and construction such routes shall
be designed and constructed to:
1 . support expected load imposed by fire fighting
equipment.
2. be surfaced with concrete, asphalt or other material
capable of permitting accessibility under all climatic
conditions .
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REPORT NO. : PD-24-84 Page 4
3. have a clear width of 6.1 metres at all times , except an
access controlled route may be 3.7 metres in clear
width, when it connects the public thoroughfare with a
6.1 metre fire route.
4. Have a centre line radius of not less than 12.2 metres
with respect to any change in direction of the route .
Where a municipal water supply is available , hydrants shall
be located adjacent and within 6.1 metres to a fire access
route and be accessible in the event of a fire emergency."
Town of Newcastle Building Department
No Comment .
Region of Durham Planning Department - Dec. 5/83
"We note that the subject site is designated "Residential "
in the Durham Regional Official Plan and the Official Plan
for the Newcastle Village Small Urban Area. The proposal
conforms to this landuse designation.
We are examining the financial implications of the proposed
four-plex to the Region and the provision of Regional
services. Upon completion of our examination, we will
provide you with further comments."
December 12, 1983
"Further to our letter dated December 5, 1983, we wish to
add the following comments on Regional services.
Full municipal services are available to the proposal
through the abutting watermain on the north boulevard and
the sanitary sewer on the south boulevard of Highway 2. In
addition, subject to an inspection by the Durham Regional
Works Department, the existing 125 millimetre (5 inches)
diameter sanitary sewer stub on the Highway 2 frontage of
the subject land may be utilized for the proposed four-plex
apartment building.
We also note that the proposed four-plex represents an
increase in the residential usage of the subject property.
In accordance with the Region's current development charge
policies, payment of levies for three (3) residential units
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REPORT NO. : PO-24-84 Page 5
will be required. In the event that you are recommending
approval of the subject application, we respectfully request
that the applicant be required to enter into an agreement
with the Region to satisfy the requirements of the Region ,
financial and otherwise, prior to the adoption of the
amending by-law. It would also be appreciated if you would
advise the applicant to contact the Durham Works Department
in order to discuss the Region 's Requirements ."
Ministry of Natural Resources
"No objection."
Ganaraska Region Conservation Authority
"Please be advised that with regard to matters under the
jurisdiction and mandate of the Ganaraska Region
Conservation Authority, there is no objection to the
rezoning application."
Ministry of Transportation and Communication
"The Ministry has no objections to the proposed rezoning.
However, building and landuse permits should be obtained
from the Port Hope District office."
COMMENT:
Staff note that the applicant has referred to the proposed
building on the subject parcel as a "four-plex" , however,
the applicant has submitted plans -to the Town which indicate
that the dwellings on the lot will be linked vertically.
The dwellings would thus be classified as townhouses and
since they do not front directly onto a publicly maintained
road, they are further classified as linked townhouses.
On December 6, 1983, a petition with twelve (12) signatures
objecting to the proposed rezoning was submitted to the
Planning Department. The petition indicated four reasons
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REPORT NO. : PD-24-84 Page 6
for objecting - devaluation of property, loss of privacy, an
increase in activity, and the fact that the area is zoned
for single family dwellings. A letter from Mr. Charles Gray
of the Newcastle and District Chamber of Commerce was
submitted to the Planning Department on December 14, 1983,
indicating that the Chamber of Commerce supported the
proposed development.
Staff have reviewed the subject application and feel that
the proposed use has merit. To that end, Staff has prepared
* a by-law (attached) to amend By-law 79-44 of the former
Village of Newcastle to permit the proposed use.
However, a number of concerns with respect to the
development of the subject parcel were identified as a
result of the circulation of the rezoning application. Both
the Public Works Department and the Fire Department have
requested that certain works on site be required. The
Public Works Department has indicated that the existing
sidewalk must be removed and upgraded for the proposed
access. Similarly, the Fire Department has requested that
the proposed access be surfaced with concrete, asphalt ,
other material capable of permanent access under all
climatic conditions and that a fire hydrant with pumper
ports be installed within 6.0 metres of the access route.
Both of these requirements being pursuant to the Fire Code.
It is therefore recommended that the applicant be required
to prepare a Works Cost Estimate with respect to the works
required, and to post a Performance Guarantee with the Town
in an amount equal to that specified by the Works Cost
Estimate. It is further recommended that the by-law
attached to this report not be forwarded to Council for
approval until such Performance Guarantee has been provided
to the Town.
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REPORT NO. : PD-24-84 Page 7 i� Cpl
The Public Works Department has further indicated that a lot
grading scheme for the subject parcel be submitted to that
department for approval . Staff note that the submission and
approval of such a lot grading scheme should also be a
condition of the rezoning.
Staff have addressed the other concerns identified by the
Fire Department within the proposed by-law.
The Region of Durham has indicated that the payment of
levies for three (3) residential units will be required, and
have requested that the applicant be required to enter into
an agreement with the Region to satisfy the requirements of
the Region, financial and otherwise, prior to the adoption
of the amending by-law. Staff have no difficulty with
making the payment of the Region 's lot levies a condition of
approving the by-law, and further note that the payment of
lot levies to the Town for three (3) townhouse units will
also be required.
It is therefore recommended that the by-law attached to this
report be forwarded to Council for approval at such time as
the applicant has satisfied the Town's requirements
financial and otherwise, and the Region has advised the Town
that its financial requirements with respect to the rezoning
have been satisfied.
Respect itted,
T.T. Edwards, M.C.I.P.
Director of Planning
JAS*TTE*jip
*Attach.
January 4, 1984
Applicant : Mr. Wm. Kraayvanger
Kraco Carpentry Service Ltd.
P.O. Box 401
NEWCASTLE, Ontario LOA 1HO
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 84- '1
being a By-law to amend Restricted Area By--law No. 79-44, as
amended, of the former Village of Newcastle, now in the Town of
Newcastle.
WHEREAS the Council of the Corporation of the Town of Newcastle deems
it advisable to amend Restricted Area By-law 79-44, as amended, of the
former Village of Newcastle.
NOW THEREFORE, the Council of the Town of Newcastle ENACTS as follows:
l.Schedule "A" to By-law 79-44, as amended, is hereby further amended
by adding the designation "R3-2" to the zoning designation of the lands
indicated as "ZONE CHANGE TO R3-2" on the attached Schedule "X"
hereto.
2. Section 11.3 of By=law 79-44, as amended, is hereby further
amended by adding the following subsection (ii):
(ii ) R3-2 Part of Lot 29, Concession 2, Newcastle Village
Notwithstanding any provisions of this By-law to the contrary,
that portion of Lot 29, Concession 2 designated "R3-2" on the
attached Schedule "A" hereto shall be used only in accordance
with the following provisions and where there is any conflict
between the regulations hereinafter set out and any other
provisions of this By-law, as amended, the provisions of the
"R3-2" zone shall apply but in the event that this special
condition is silent on any matter, then the provisions of this
By-law shall apply.
1 . DEFINITIONS
(a) "Link Townhouse Dwelling" shall mean one of a group of three or
more dwelling units separated vertically.
2. PERMITTED USES
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a maximum of four link townhouse dwellings and uses accessory
thereto,
3. ZONE PROVISIONS
(i) Lot Area (minimum) 2,900 square metres
(ii) Lot Frontage (minimum) 9.0 metres
(iii) Front yard (minimum) (from any R1 Zone) 15.0 metres
(iv) Interior Side yard (minimum) 12.0 metres
(v) Rear yard (minimum) 15.0 metres
(vi) Dwelling Unit Area (minimum) 110.0 square metres
(vii) Building Height (maximum) 10.6 metres
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(viii) Parking Area Regulations
(a) Minimum off-street parking requirement 2.0 spaces per
link townhouse
dwelling unit
(b) Parking area surface - each parking area and driveway
connecting the parking area with a street shall be
maintained with a stable surface of concrete, asphalt or
other material capable of permitting accessibility under
all climatic conditions and so treated as to prevent the
raising of dust or loose particles.
(c) (i) Ingress and Egress to and from the required parking
spaces and areas shall be provided by means of
unobstructed driveways or passageways having a clear
width of 6.1 metres and constructed to a standard
capable of supporting loads imposed by fire fighting
equipment.
(ii) The minimum distance between a parking area, space or
a driveway and an abutting lot shall be 1 .5 metres.
(d) Parking areas shall be permitted only within the required
side or front yard.
4. This By-law shall come into effect on the date hereof, subject to
the provisions of Section 34 of The Planning Act.
BY-LAW read a first time this day of 1984.
BY-LAW read a second time this day of
1984.
BY-LAW read a third time and finally passed this day of
1984.
MAYOR
CLERK
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This is Schedule "X" to By-law 8.4- ,
passed this day of A.D. 1984.
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