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Home My WebLink AboutPD-24-83 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL.(416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF FEBRUARY 7, 1983 REPORT NO. : PD-24-83 SUBJECT: APPLICATION FOR REZONING - BONDHEAD PROFESSIONAL BUILDING LTD. OUR FILE: Z-A-3-13-2 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-24-83 be received; and 2. That application for rezoning Z-A-3-13-12, in respect of Plan C.G. Nanning, Part of Block "A", on the north-east corner of King Street and North Street be approved, and that the * attached By-law to amend Restricted Area (Zoning) By-law 79-44, as amended, be forwarded to Council for approval . BACKGROUND: In September of 1982, the Town received an application for rezoning submitted on behalf of Bondhead Professional Building Ltd. , to amend the Zoning By-law for the Town of Newcastle (formerly the Village of Newcastle) to an appropriate commercial zone. i,(� f Report No: PD-24-83 .. ./2 The applicant proposes to have constructed a three (3) storey addition to the existing structure and increase the useability of the site from two (2) to five (5) separate apartment units and medical clinic - one (1 ) dental practitioner. In accordance with Departmental procedures, the subject proposal was circulated to a number of departments and agencies in order to obtain their input. The following is a summary of the comments received. Ministry of Transportation and Communications "This Ministry has no objections to the approval of the above noted application." Town of Newcastle - Building Department "It appears the parking shown on the site plan is insufficient to comply with By-law requirements." Staff have had the opportunity of reviewing the above comments with the Building Department in consultation with the appropriate floor plans as submitted and requirements of the Zoning By-law parking provisions . . . thereby clarifying the parking standard concerns. Town of Newcastle - Fire Department "The Fire Department has no objections to the proposed application. For identification purposes, I would suggest the proposed building would be located on the corner of King Street West and North Street. Municipal water supply for fire protection and emergency response time are acceptable to the fire department. Report No: PD-24-83 . . ./3 A 1 hour fire separation would be required between the existing 2 storey building and the proposed 3 storey building. No parking parallel to rear exit door." Town of Newcastle - Public Works Department In response to staff's request of September 10, 1982, the Public Works Department indicated no objections to the proposed rezoning; however, concern was raised to several matters that would be dealt with through site plan control , i .e. , drainage, grading, concrete sidewalks, entrance permits, lighting, storm sewer construction, etc. The site plan file has been duly noted of these concerns as well as any "site planning concerns" of all agencies, and are presently under staff review. Regional Municipality of Durham - Planning Department September 15th, 1982 "Further to your request for comments on the above, we note that the site is within the sphere of influence of a Main Central Area designation in the Durham Regional Official Plan. Section 8.2.3.1 of the Durham Plan stipulates that district plans shall be prepared by area municipalities to detail the provisions and guidelines for Central Areas and that, prior to the preparation of such district plans , only community facilities may be permitted. In this regard, the site is included within the Main Central Area and is designated "Mixed Commercial - Residential " in the Town Council -adopted Official Plan for the Newcastle Village Small Urban Area (our file 82-16/N). The proposal conforms to this designation. We note, however, that a statement of conformity can only be issued for the zoning amendment after the Newcastle Village Official Plan has been adopted by Regional Council and approved by the Minister. We will provide you with further comments when our investigation on Regional services is completed." September 24th, 1982 "Further to our letter dated September 15, 1982, we wish to add the following comments on services: Full municipal services are available to the site and the existing dwelling on the property is presently serviced with sanitary sewer and municipal water supply, including separate water metres for the lower and upper floors. Report No: PD-24-83 .. ./4 The detailed requirements for new service connections, if required for the proposed addition, are anticipated to be established through the subsequent stage of site servicing plan approval . We note also that there will be five apartment units created as the result of this rezoning application which represents an increase in residential usage of the subject land. In accordance with the Region 's present development charge policy, payment of levies will be required as a condition of Regional approval of the increase in density permitted by the zoning change. We would respectfully request that prior to the approval of the zoning amendment, the applicant be advised to contact the Durham Works Department in order to discuss the Region 's requirements for the proposed development." COMMENTS: The majority of the comments received, with the exception of the Regional Planning Department 's, did not raise any major objections to the rezoning application, rather comments of a "site plan nature" which will be dealt with through a development agreement. The site plan application is presently under review by Town staff. Staff would note for Committee's information, in regard to the Regional comments; the Newcastle Village Official Plan was approved by Regional Council on September 29, 1982 and is presently before the Ministry of Housing and Municipal Affairs. It is staff's opinion, that the proposed zoning by-law amendment conforms with the Regional Official Plan and Council -adopted (March 29, 1982) Newcastle Village Official Plan. The Region of Durham has indicated that although they have no objections to the by-law amendment, a "statement of conformity" could not be issued until the Minister approves the Newcastle Village Official Plan. Report No: PD-24-83 .. ./5 In light of the above and the pending Council approval of the subject By-law amendment, it would seem appropriate to forward the By-law to the Ontari Municipal Board for approval pursuant to Section 39(11 ) of the Planning Act, rather than follow the usual procedures as provided pursuant to Section 39(26) of the Act. This would then allow circulation of the By-law to proceed pending Ministerial approval of the Newcastle Village Urban Area Plan. Upon Official Plan approval , the Board should then be in a position to approve the subject By-law amendment forthwith. In any event, building permits could not be issued until final Board approval is received and the necessary site plan approval granted. Following discussions with the applicant, it is staff's understanding the proposal would consist of the following components and approximate sizes. EXISTING: i ) two - one bedroom units 65 sq.m. (700 sq.ft)/unit PROPOSED: i ) one - one bedroom unit 55 sq.m. (600 sq.ft)/unit ii ) one - two bedroom unit 65 sq.m. (700 sq.ft)/unit iii ) one - three bedroom unit 92 sq.m. (1000 sq.ft)/unit iv) MEDICAL CLINIC - 111 sq.m. (1200 sq.ft) one dental practitioner (second floor area) Report No: PD-24-83 . . ./6 The proposal as submitted would comply with the provisions of the "C3" Zone within Zoning By-law 79-44, as amended, as well as the corresponding zoning category within the proposed consolidated zoning by-law (presently under review). BY-LAW 79-44 PROPOSED BY-LAW (consolidation) ZONE AND USES C3 Cl PERMITTED - -dwelling unit in - dwelling units non-residential existing at the building date of passing of this by-law; and dwelling units as - medical part of a building clinic containing a permitted non- residential use(s) - medical or dental clinic PARKING: - Apartment: - apartment - 1 .5 Number of Spaces 1 .5 spaces/unit spaces/unit - 6.0 spaces/ - 5.0 spaces/Doctor Doctor, plus 1 1 space for each spare for each examination room room exceeding exceeding five 5 rooms per such rooms per office office The provisions of the two By-laws, 79-44 and the comprehensive by-law, would require fourteen (14) and thirteen (13) spaces respectively. The proposed site plan as submitted illustrates the provision of sixteen (16) spaces. Report No: PD-24-83 . ../7 Given the consideration that the "site plan matters" as perceived by the various departments and agencies can be implemented through site plan control procedures, staff have no objections to the approval of the requested by-law amendment to a "C3-General Commercial Zone" within By-law 79-44, as amended, of the former Village of Newcastle. Respect y ed, T. T. Edwards, M.C.I.P. Director of Planning LDT*TTE*mjc January 25, 1983 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 83-26 being a By-law to amend Restricted Area By-law Number 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 Number 79-44, as amended, of the former Village of Newcastle. NOW, THEREFORE, the Council of the Corporation of the Town of Newcastle enacts as follows: 1 . Schedule "A" to By-law 79-44, as amended, is hereby further amended by changing to C3 the zone designation of the lands designated "ZONE CHANGE TO C3" on the attached Schedule "X" hereto. 2. This By-law shall come into effect on the date hereof, subject to the provisions of Section 39(11 ) of the Planning Act. BY-LAW read a first time this 14 day of February 1983 BY-LAW read a second time this 14 day of February 1983 BY-LAW read a third time and finally passed this 14 day of February 1983 MAYOR CLERK THIS IS SCHEDULE �X' TO BY-LAW 83-�, PASSED THIS 14 DAY OF February A.D. 1983. N740OO'E 25-521m E z W O Z �! f` W Ld cr_ PYO I�- Z 7 w m o Qo T 3 z N740 OOZE 26.635m KING STREET WEST ( SEAL ) ZONE CHANGE TO IC3� G.B. Ric.kard, Mayor 0 5 10 20m 5 D.W. Oakes,Clerk KEY MAP NEWCASTLE VILLAGE 1:25 000 � I NEWCASTLE, 1 I I I z I ! a o f I I NicNw ! I SUBJECT I � SITE ' ❑�❑ , i I ! I C❑D ! ! JD I + I