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Home My WebLink AboutP-45-80 fs0��tf CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1.10 TEL. (416)263.2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF MARCH 17, 1980. REPORT NO. : P-45-80 SUBJECT: Application for Rezoning Number Z-A-3-13-7 Lot 2, Part Lot 4, Block 'E' according to C. G. Hanning's Plan for the former Village of Newcastle, being Part of Lot 28, Concession 2, former Township of Clarke - Howard Quinney BACKGROUND: The subject application requests an amendment to the Newcastle Village Zoning By-law to rezone a 1037.9 square metre (11,172 square feet) parcel of land having frontage on King Street east of Mill Street in the former Village of Newcastle. The applicant intends to construct an additional apartment unit to be added to the two existing units located above the Stedman's Store in Newcastle Village. The site is designated "Main Central Area" in the Region of Dur- ham Official Plan. The existing commercial and residential uses are per- mitted under this designation. Section 16.6.5 of the Plan would permit the continuation, expansion or enlargement of existing uses. Therefore, the proposal would appear to conform. The site is presently zoned "C3 Commercial" in the Newcastle Village Zoning By-law. If the subject application for rezoning were to be recommended for approval a "Special Condition" would be applied to this site in order to allow the applicant to continue and expand the residential �s E!1 V, P - 2 - uses, in addition to the existing commercial operation on this property. The application was circulated to the Durham Planning and Works Departments, Newcastle Building, Fire and Public Works Departments, New- castle Public Utilities Commission, and the Long Range Planner for the Town of Newcastle. The Durham Planning and Works Department submitted the following comments: "The subject lands are located in the "Main Central Area" for the Village of Newcastle as designated in the Durham Regional Official Plan. Under Section 8.2.3.1 of the Durham Plan, the area municipality shall prepare a district plan detailing the boundaries and the development guidelines for the Main Central Area. The district plan shall be prepared prior to any land use changes with the exception that zoning by-laws may be passed to permit community facilities such as municipal buildings, senior citizens' homes, nursing homes, day care centres, homes for the aged and libraries. It is noted, however, that the Council of an area municipality at their discretion, may zone to permit the continuation, expan- sion or enlargement of an existing use provided that such an existing use has no adverse effect on the present use of the sur- rounding lands or the implementation of the provisions of the Durham Regional Official Plan. The proposal would appear to con- form. With respect to Regional Services, sanitary sewer and water supply facilities are available on the King Street frontage of the subject lands. Also, we wish to advise that the subject proposal would appear to permit an increase in population density over and above that allowed under the present commercial zoning on the property. Therefore, in accordance with present Regional Development Charge Policies, where a change in land use by-laws permits an increase in residential units, then said increase is subject to the payment of Regional Development Charge Levies. In the case of the subject proposal, Regional levies would apply to the one additional apartment unit being contemplated. We, therefore, request that any approval given by the Town of Newcastle to the subject rezoning, contain a condition "that the applicant satisfy the financial requirements of the Region." The Long Range Planner for the Town of Newcastle submitted the following: "Section 8.2.2.6(a) of the Durham Regional Official Plan permits residential uses in a Main Central Area as part of a building con- taining retail uses providing that such a building approaches the upper : limits of the allowable floor space index of 1.50. Since the total site area is 11,148 square feet, the G.F.A. of the building should be approaching 16,700 square feet. It appears that the total G.F.A. after the addition would be only 6300 square feet. However, 3 - since the building already contains residential apartments Section 16.6.5 would apply which permits the municipality to zone for the expansion or enlargement of existing uses provided there are no adverse affects on adjacent uses." The Newcastle Building Department indicated that: "l. Building Code spatial separation requirements would not permit openings such as windows on the east side of the building. 2. Construction must be non-combustible material. 3. Fire safety with respect to separation and means of egress must be complied with." The Newcastle Fire Department submitted the following: "I. Building to be in accordance with Fire Safety Design Standards. 2. Fire separation between floor assemblies. 3. Product of combustion detector single station alarm to be installed. The following agencies had no objections to the rezoning: The Newcastle Public Works Department The Newcastle Public Utilities Commission. COMMENTS: Staff have reviewed the subject application and have no objec- tion to the approval of the requested rezoning. Staff note that the rezoning may proceed on the basis of Section 16.6.5 of the Durham Regional Official Plan which will allow the expansion of an existing use prior to the preparation of the Urban Area Plan for Newcastle Village. Staff note that the Region has requested that Regional levies be collected as a condition of this rezoning. Staff note that the Town's levy policy is also applicable in this situation. Accordingly, staff suggest that it would be appropriate for the property to be rezoned after all financial requirements of the Region and Town are met. - 4 - RECOMMENDATIONS: 1. It is recommended that rezoning application Z-A-3-13-7 be approved upon the applicant fulfilling the financial requirements of the Regional Municipality of Durham and the Town of Newcastle. Respectfully submitted, i4o--i - EP:lb D. N. Smith, M.C.I.P. 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