HomeMy WebLinkAboutPD-152-84 4
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 SEPTEMBER 4, 1984
REPORT NO. : PD-152-84
SUBJECT: OBJECTIONS TO BY-LAW 84-87, BEING A BY-LAW TO
REZONE CERTAIN LANDS IN PART LOT 29, CONC. 2,
FORMER VILLAGE OF NEWCASTLE
CLERK'S FILE: 60.35.212
PLANNING 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-152-84 be received ; and
2. That the following resolution be adopted by
Council and forwarded to the Ontario Municipal
Board together with By-law 84-87.
"WHEREAS the Council of the Town of
Newcastle has approved By-law 84-87 to amend
Restricted Area Zoning By-law 79-44, as
amended, as a result of their consideration
of an application for such an amendment
submitted by the property owner;
AND WHEREAS the effect of By-law 84-87 will
be to change the zone designation of the
lands subject to By-law 84-87 from
"R1 -Residential " and "RU-Rural" to "R3-2
Special Provision" to permit the
construction of four (4) Townhouse Units onS�
the subject lands ;
C/ u 1
.. .2
Ski)
REPORT NO. : PD-152-84 Page 2
i
AND WHEREAS By-law 84-87 conforms with
the applicable policies of the Official Plan
for the Small Urban Area of Newcastle
Village;
AND WHEREAS the Council of the Town of
Newcastle has given third and final reading
to By-law 84-63 which is a Comprehensive
Zoning By-law for the Town of Newcastle;
AND WHEREAS the zoning provisions as
implemented by By-law 84-87 have been
incorporated into By-law 84-63;
BE IT NOW THEREFORE RESOLVED THAT the Town
of Newcastle hereby requests the Ontario
Municipal Board to approve By-law 84-87,
notwithstanding the objections received, and
further requests the Ontario Municipal Board
to hold any public hearings in respect of
By-law 84-87 in conjunction with any
required public hearings in respect of
By-law 84-63(and
FURTHER hereby authorizes Town Staff and/or
the Town Solicitor to represent the
Municipality at such hearing that maybe
convened."
BACKGROUND:
On November 24, 1983, Mr. W. Kraayvanger, the owner of the
lands affected by By-law 84-87, applied for an amendment to
Restricted Area (Zoning) By-law 79-44, as amended , of the
Village of Newcastle. The subject application for rezoning
requested a zone change on a 0.2.9 hectare (0.72 acre) parcel
of land in Part of Lot 29, Concession 2, Newcastle Village
to permit the construction of four (4) Townhouse units on
the subject site. The subject lands are designated
"Residential " by the Official Plan of the Small Urban Area
. ..3
REPORT NO. : PD-152-84 Page 3
of Newcastle Village, and the proposed density of the site
is within the limits established by the Urban Area Plan.
The rezoning of the subject parcel is in conformity with all
applicable Official Plan policies.
Accordingly, the General Purpose and Administration
Committee, at their meeting of January 16, 1984, adopted the
following resolution (#GPA-71 -84) :
"That the recommendations in Report PD-24-84 be
endorsed; and
1 . That Report PD-24-84 be received; and
r
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."
On January 23, 1984, Council resolved (Resolution #C-50-84)
to endorse the recommendations of the General Purpose and
Administration Committee.
A petition with twelve (12) signatures objecting to the
proposed rezoning was submitted to the Town on December 5,
1983. The objectors cited property devaluation, loss of
privacy, an increase in activity, and the single family
zoning in the area as their reasons for objecting to the
rezoning.
...4
REPORT NO. : PO-152-84 Page 4
The Town' s and the Region 's requirements with respect to the
development of the subject lot were subsequently satisfied.
The proposed by-law was then forwarded to Council for
approval on July 9, 1984 and circulated in accordance with
the appropriate procedures as contained within the Planning
Act.
COMMENTS:
As a result of the Clerk's circulation of By-law 84-87,
* twelve (12) objections were received (see attached). The
concerns of the objectors can be summarized as follows :
- the area is zoned for single family residences ;
- loss of privacy;
- increased traffic and the traffic hazard created by the
new entrance;
- decreased property values and the deterioration of the
neighbourhood.
Staff note that the property is designated Residential by
the Newcastle Village Official Plan and, as indicated
earlier, the density of the property is within the limits
established by the Official Plan. The property being
rezoned is currently zoned "RU-Rural " .
With respect to the loss of privacy, the land immediately
adjacent to the neighbouring single family homes is zoned
for single family homes and the applicant has submitted an
application to the Region of Durham Land Division Committee
to create two (2) single family lots. The actual distance
between the closest existing house and the proposed
Townhouses would be 33.5 metres (110 feet) ; as well , Staff
I
...5
REPORT NO. : PD-152-84 Page 5
note that there is an existing row of trees between the
property subject to the rezoning and the neighbour to the
west and that the property being rezoned is lower in
elevation than the neighbouring property on the west.
With respect to the concerns regarding traffic , Staff note
that this section of Highway No. 2 is under the jurisdiction
of the Ministry of Transportation and Communications and
that this Ministry indicated no objection to the proposed
rezoning.
Staff further note that there is a dilapidated home and a
partially demolished concrete foundation on the property
being rezoned, and that the property is over-grown with
weeds. In Staff's opinion, the development of the parcel
would enhance the appearance of the neighbourhood.
Under the provisions of the Planning Act, the Town cannot
secure a Site Plan Agreement with respect to the development
of the subject property. However, By-law 84-87 provides
specific requirements regarding the surfacing and location
of parking areas; and the applicant has indicated to the
Town in a letter that he intends to provide landscaping as
part of the site development.
In light of the above, Staff would therefore recommend that
By-law 84-87 be forwarded to the Ontario Municipal Board for
approval .
,;;,,, Resp ubmitted,
60
dwards
T.T. E , M.C.I.P.
Director of Planning
JAS*TTE*jip
*Attach.
August 20, 1984
REPORT NO. : PD-152-84 Page 6
cc: Mr. W. Kraayvanger
P.O. Box 401
NEWCASTLE, Ontario
LOA 1HO
cc: Mr. & Mrs. D. McCurdy
304 King Street West
NEWCASTLE, Ontario
LOA 1HO
cc: Mr. & Mrs. David Rickard
80 Given Street
NEWCASTLE, Ontario
LOA 1HO
cc: Mrs. Clara Rickard
64 Given Street
NEWCASTLE, Ontario
LOA 1HO
cc: Mrs . Irene Cunningham
R.R. #2
NEWCASTLE, Ontario
LOA 1 HO
cc: Mrs. Beth Honeyman
46 King Street West
NEWCASTLE, Ontario
LOA 1 HO
cc: Mr. & Mrs. S. Maskell
320 King Street West
NEWCASTLE, Ontario
LOA 1 HO
cc: Mrs. J. De With
230 King Street West
NEWCASTLE, Ontario
LOA 1 HO
cc: Dr. & Mrs. W. RudelI
102 Given Road
NEWCASTLE, Ontario
LOA 1 HO
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 84-87
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.
the WHEREAS the Council ofRestrictedrAreanByflaw e 79o44,o Newcastle deems
as amended, ofthe
it advisable to amend
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 "113-2" to the zoning designation of the lands
indicated as "ZONE CHANGE TO R3-2" on the attached Schedule
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
an provisions of this By-law to the contrary,
Notwithstanding Y P '� on the
that portion of Lot 29, Concession 2 designated in3-2" on accordance
attached Schedule 11proisions shall
where used
therelis any conflict
with the following p
between the regulations hereinafter set out
p and viany other
the
provisions of this By-law, as amended, 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.
� DEFINITIONS
1.
(a) "Link Townhouse Dwelling" shall mean one of a group of three or
more dwelling units separated vertically.
2. PERMITTED USES
a maximum of four link townhouse dwellings and uses accessory
thereto.
3, ZONE PROVISIONS
2,900 square metres
0) Lot Area (minimum) 9.0 metres
(ii) Lot Frontage (minimum)
Front yard (minimum) (from any RI Zone) 15.0 metres
12.0 metres
(iv) interior Side yard (minimum) 15.0 metres
(v) Rear yard (minimum) 110,0 square metres
(vi) Dwelling Unit Area (minimum) 10.6 metres
(vii) Building Height (maximum)
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F (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.
i
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 9th day of July 1984•
BY-LAW read a second time this 9th day of July 1984.
BY-LAW read a third time and finally passed this 9th day of
July 1984.
MAYOR
CLERK
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This is Sciiedule "X" to By-lam 84- 87 1
90 jiy day of A.D. 1984.
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DISTRIBUTION
CLERK...................................
FUCK. BY...........................-....
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CO;=:,-:5 TO:
711(
FILE
August 1,1 '•.-�:,,�. r_y�� , y
Cornoration of The Town of Newcastle
Office Of The Town Clerk AUG 10 1984
40 Temperance St.
Bowmanville, Ontario, L1C 3A6 ''f *i6CASUE
CLE't ;', ��i'Ar;1�SENT
Attar: David W. Oakes, B.A., A.M.C.T.
Town Clerk
Re: Zoning By-Law No. 84-87
To Re-Zone Lands Situated at Part Lot 29,
Concession 20 Village of Newcastle
Your File: 60.35.212
This letter is to inform you that my husband and I strongly object
to the erection of Townhouses on Part Lot 290 which is directly
beside our property. On the other hand we are not against single
family dwellings.
Our objections to these Townhouses are as follows;
A) We feel that the value of our nronerty `-ill wort certainly
devaluate, (we have had agents into our home and they confirmed
our feelings about this).
B) LOSS OF PRIVACY - When we sit in our backyard we will be looking
directly at the Townhouses, (ju-t a few feet
away from our nronerty line)., Parking lot Pnd
cars etc.
The property lines of the Townhouses and HouFes will not comply
with our property line, so that half of our property will be
single dwellings and the other half will be Townhouses and parking lots.
D) Hwy #2 is already a very busy street and we feel. that another main
ll
exit onto Hwy #2 from the Townhouses,(the exit will be ca street)wiwill
only increase the traffic and the danger to our young pin of
have to cross this street to go to school. Also the stop g
traffic to make the turn onto the street when drivers come over the hill:
Over the years since we moved here there have been at least four
accidents out the front of our house, due to this exact
E) When we bought our house 6 years ago we looked into the zoning in
this area and one reason we bought here was that it was zoned for
single family dwellings, plus the nrivacy it had without having to
buy out of town to obtain this nrivacy. (We Pre ci.oFe to FchoolF,
stores etc. , but still have our nrivacy, we feel. with the Townhouses
it will be like living in a eitbdiviFion).
.....continued
Cornoration of The Town of Newcastle
August 1, 1984
PAGE 2
F) The Townhouses, (from what we have learned will be rentals ) and
we febl this certainly does not fit with the single family
dwellings in this area.
I sincerely hone you can understand our strong objections to the
building of these Townhouses and I invite anyone who sits on any of
the committees that pass these zoning by-laws to visit our home and
have a good look around and see exactly where these Townhouses will
be built and consider how they would feel if they--were in the same
position with Townhouses being built in their backyard.
We have really enjoyed the years we havice('lived here and really ho pe
that nothing will fenordize the happy years that we are looking forwarO
to in the future years to come.
Sincerel= yours,
Doug & Dian McCurdy
304 King St_ W.
Newcastle, Ontario
LOA 1HO
`i iRkBUTiON
ftr( ----------------------------------
� (. dY ---------------------------
0ul i L T0: ----------------------
' PHONE: 623-5790
� VV
1)1?. W. A RMELL
75 KING STREET EAST
HOWMANVILLE, ONTARIO
July 23 , 1984
AUG 2 19$4.
your file 60. 35. 212 T sm
Mr. David Oakes , B. A. , A.M.C. T.
Town Clerk
Corporation of the
Town of Newcastle , Ontario
Dear Sir
re zoning by-law 84-87
re rezone lands situated at the Part Lot 29,
Concession 2, Village of Newcastle
Dear Sir
This will serve as an objection to the proposed
building of town houses on the above mentioned
property.
We prefer that the area be kept with single
family dwellings . This proposal could we feel,
lower the property value of the existing homes
in the area.
It does not seem to be a safe location for
vehicles to enter or leave the property, since
the entrance is on the hill leading into the
Village of Newcastle.
We trust that you will give this mattEiQ
serious consideration. DISTRIBUTION
CLERK..................._...._...�..
Yours very truly
ACK. BY................ -=
ORIGINAL TO:...........
L/ '�'�� ✓ COPIES T0:
W.M. Rudell
Grace Rudell
RIF
I
July 21�, 1984.
;"N* 2 1984
Town Clerk, * Qf 7WV Corporation o f The Town o f Newcastle, R.. „ MENT
40 Te;nperance Street,
Bowmanville, Ontario.
Dear Sir:
Re: Zoning ray-law No. 84-87
To Rezone Lands Situate at Part Lot 29, Concession 2,
Village of Newcastle
Your File: 60 35 212
We are objecting to the passing of the above By-law for the
reasons as follows:
(1) We wish the land to be retained for single family
dwellings. To do otherwise sets a precedent for
rezoning all future undeveloped land in this area.
This we do not desire.
(2) Invasion of privacy for abutting landowners.
(3) Lowering; of property values in area.
(4) Creation of another dangerous intersection on an
already busy and hilly stretch of highway.
Vde trust that you will give due consideration to our concerns.
Thank you.
Yours truly,
David M. Rickard
80 Given Street
CLERK ... ...............................
LICK. BY . ___________________._._..- Pearl A. Rickard
ORI,'IMAL 'rO:........................
80 Given Street
C01' S T0:
Clara E. Rickard
/ _ _ 64 Given Street
FILE
2 )
!Newcastle, Ont.
26.o7.84
Pire L)avid Oakes B.A T
.
Town Clerk, I _Ij
Corporation, Town of Newcastle AUG 2
IpO Temperance St. ,
Bowmanville Ont. -(0 �ff ",CASW.�
LlC 30 Cij.-O 'fPA"4 .
I)ear Sir: re. your file 60.35.212
Regardinfr zoning by-law 84-87, regarding rezoning
lands situated at the Part Lot 29, Village of Newcastle,
Concession 2 ; 1 wish to let it be known that I
do object to the carrying out of this by-law.
1. 1 object mainly because of the threat of
traffic congestion in the middle of the
hill leading westerly out of the Village.
20 1 object to the rezoning because it is
already zoned for single family dwelling-s
and that is quite acceptable and the way
I would like it to stay.
3. 1 really don't think it is a very suitable
site for townhouses to be built especially
for young families with young children:
e.i. their playground would be near a very
busy highway.
I trust these objections will be considered
during your deliberations on this matter.
DISTRIBUTION Yours truly,
DISTRIBUTION
CLERK
ACK. BY .............
-------------_ e----
...................... (1virs. ) Irene Cunningham
0 I-L-L e
'4
July 24, 1984 .
Za 7
� D
1 AUG 2 L"
Corp. of the Town of Newcastle (
Town Clerk CLERK "r:A.,
1MENT
Re: zoning by-law 84-87
To Whom It May Concern :
I would like to voice my opposition to the above mentioned
rezoning for the following reasons :
1. Increased traffic on the hill; where my children will
be walking to school.
2 . The single dwelling home was my incentive to purchase
in this area.
3 . . If these are rented dwellings, it is a fact a rented
home is not as well maintained as an owned home.
Yours truly,
I
bh Beth Iioneyman
DISTRIBUTION `f6 KEN ,l;-� w
i
CLERK---.......................___.�
ACK. QY-.................
- _
OftM!"i'AL TO-- ------------------
July 1984.
} / /
Town Clerk, U
Corporation of The Town of Newcastle, AUG
40 Temperance Street,
Bowmanville, Ontario. fit MA '!f MIWCAS1M
bear Sir:
Re:
Zoning By-law No. 84-87
To rezone lands situated at Part Lot 29, Concession 2, Village of
Newcastle
Your file: 60.35.212
We wish it to be noted that we object to the passing of the above By-law
for the following reasons:
1) It will lower the value of our property and the other properties
around us.
2) It will also be an invasion of our privacy. These homes will
not have the some boundaries as our own. Thus both townhouse
and the single family dwellings will share our property lines
which does not comply with what is already built.
3 ) We also feel that all these residence will create a dangerous
intersection on an already busy busy, highway.
4) When we moved here 13 years ago we checked into the zoning
by-laws and in no way did your town indicate to us that this
property around us would change its zoning, it would always
remain single family dwellings, that is why we did not
purchase our home in the town of Bowmanville or Port Hope.
5 ) We cannot for-see with these townhouses built as indicated,
Crow it would be safe for so many families to reside with just
one exit. Also due to the size of the driveway how would it
be possible for snow removel? or fire protection. This seemed
to be one of the main concerns of the Severance Board.
6) It has not as yet been voiced to the surrounding neighbours
tether or not these town houses are going to be rented or
sold. However if they are rented, we feel- it. encourages not
always the best tenants.
7) The surrounding properties are all zoned as single family
dwellings, this means that this will be the only piece of land
that will have townhouses on it. This does not comply with
the new plan of our town.
We hope that you will take these objection seriously and not make our
decision to live in this neighbourhood a regretfull one. Thank Youi
for your time and our beautiful Village.
- ._ _.__.__ - _ Yours very truly,
pe
Jt
ty
N
1