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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) _ f r,--• w"&+�... c-T, � <-mot k' _ 2 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 x I -� This is Sciiedule "X" to By-lam 84- 87 1 90 jiy day of A.D. 1984. passed this N72'19 E 53.30 N 00 OD 0 CY in A O W 0 _j co < N7200 E z N72 z FD 21.33 21-34 �6 0 -9 LA 0 (A 0 (A T z ID 0) -217.47 N72014E RD. ALLOW 6TW, CO C. 1 2. HWY. N22 9.70 (SEAL) ZONE CHANGE TO R3-2 . G.B. Rickard, mayor 4 0 5 10 20 30 N D.W. Oak**, Clerk 0 260 500. Key Map -Former village of Newcastle 00 LOT I LOT 11 LOT 1 LOT OT LOT L LOT LOT 1 24 23 22 30 29 28 26 1 25 NEWCAS L ' SUBJECT iSITE 000 000 OEl D a I I f- ,, AUG l o 1984 al/4 lei, t'A MENT I LZ ad �-� 47 I Ato e w e 4� 4� DISTRIBUTION CLERK................................... FUCK. BY...........................-.... -OR!' " AL TO:........................ 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