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Home My WebLink AboutP-79-80 IV () vvONWIfOG( "' Ga CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL.(416)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF APRIL 28, 1980. REPORT NO. : P-79-80 SUBJECT: Application for Rezoning Number Z-A-2-9-1 Part of Lot 8, Block 4, John Grant's Plan for the Town of Bowmanville, being Part of Lot 11, Concession 1, former Township of Darlington Irwin Hamilton and Carol Bate BACKGROUND: The subject application requests an amendment to the Bowman- ville Zoning By-law to rezone a 400.9 square metre (4,316 square feet) parcel of land fronting on Ontario Street in the Town of Bowmanville. The applicant intends to renovate the existing dwelling in order to accommodate a "law firm". The site is designated "Main Central Area" in the Region of Durham Official Plan. The proposed use of this property as a law office is permitted under this land use designation in the Regional Official Plan. The site is presently zoned "R" General Residential in the Bowmanville Zoning By-law. The proposed by-law would apply a special condition to this site in order to permit the use of the property as a law office. r V-(�) 2 - The application was circulated to the Durham Planning and Works Departments, the Local Architectural Conservation Advisory Committee, the Newcastle Works, Building and Fire Departments, and the Long Range Planner for the Town of Newcastle for comment. The Durham Planning and Works Department submitted the following comments: "The subject site is designated "Main Central Area" in the Durham Regional Official Plan. It is the policy of the Plan that Main Central Areas are to .provide a fully inte- grated array of shopping, personal and business service, office, institutional, community, recreational and resi- dential uses. The conversion of the existing dwelling for a law office would be a permitted use. The Durham Plan, however, requires the preparation of a district plan which would provide detailed provisions and guidelines for develop- ment in the "Main Central Area". Notwithstanding this, Section 17.5 of the Durham Plan states that a district plan is not a prerequisite to the passing of zoning by-laws provided that the proposed use is permitted by an existing approved official plan and is in conformity with the intent of the Durham Plan. In this regard, the subject site is designated "Central Area" in the Official Plan for the former Town of Bowmanville. The use proposed in the subject by-law is permitted. With respect to services, there is no significant implication as sewer and water services are presently available to the existing dwelling." The Local Architectural Conservation Advisory Committee offered the following: "The Heritage Committee has no objections to the dwelling being used as a law office. This house is not on our list of desig- nated properties but we would hope that any renovations to the house would be in keeping with the original architecture." The Newcastle Works Department submitted the following: "1. That the applicant enter into a Site Plan Agreement with the Town of Newcastle, and that the Public Works Department be kept aware of its` status at all times. 2. That the applicant submit, to the Town, a plan showing the proposed parking layout: By-law 79-1 does not permit any parking on Ontario Street, between Queen Street and King Street. - 3 - 3. That the applicant submit a grading plan detailing the proposed drainage from the site. 4. That the applicant complete all works in accordance with the Town of Newcastle Design Criteria and Stan- dard Drawings, and to the satisfaction of the Town." The Long Range Planner for the Town of Newcastle stated the following: "The site is designated Main Central Area in both the Durham Regional Official Plan and the draft Urban Area Plan for Bowmanville. The proposed use is permitted. The overall maximum floor space index should not exceed 2.50. A Site Plan agreement should be required in order to ensure develop- ment (re-development) is in accordance with good design principles (Section 8.2.2.18 of the urban area plan). G. Baird study states certain possible revisions for zoning within the Main Central Area and these should be taken into consideration. Also, note that the building may have some heritage significance and Local Archi- tectural Conservation Advisory Committee should be consulted." The following agencies had no objection to the proposed rezoning: The Newcastle Fire Department The Newcastle Building Department COMMENTS: Staff have reviewed the proposal submitted by Mr. Hamilton and feel that the office use proposed would be compatible with the surrounding uses in this area. In addition, this proposal would not conflict with the policies of the Region of Durham Official Plan or the Bowmanville Official Plan, therefore, staff would have no objection to the approval of this application. Staff note that the applicant will be required to enter into a site plan agreement with the Town pursuant to By-law 79-151 prepared under Section 35(a) of the Planning Act. RECOMMENDATIONS: It is respectfully recommended: 1. That application for rezoning Number Z-A-2-9-1 be approved; 2. That the attached By-law Number 80- be forwarded to Council for approval; and 4 - 3. That the Region of Durham be advised of Council's action in respect of the subject application. Respectfully submitted, a4-P41-1- EP:lb D. N. Smith, M.C.I.P. April 21, 1980 Director of Planning THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 80-57 A By-law to amend Restricted Area By-law Number 1587, as amended, of the former Town of Bowmanville. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend Restricted Area By-law Number 1587, as amended, of the former Town of Bowmanville. NOW THEREFORE the Council of the Corporation of the Town of Newcastle ENACTS as follows: 1. Schedule 'A' to By-law 1587, as amended, is hereby further amended by changing to SPECIAL CONDITION 15 the zone designation of the lands indicated as "ZONE CHANCE TO SPECIAL CONDITION 15" on the attached Schedule "X" hereto, and by adding to the lands so indicated cross hatching and the figure 15 encircled. 2. Schedule 'B' to By-law 1587, as amended, is hereby further amen- ded by adding thereto the following SPECIAL CONDITION 15 as follows: "SPECIAL CONDITION 15 The lands shown on Schedule "A" cross-hatched and marked with the figure 15 encircled shall be subject to the special regu- lations hereinafter contained and where there is any conflict be- tween the regulations hereinafter set out any provision of By-law 1587, then the provisions of this Special Condition shall apply, but in all other respects, the provisions of By-law 1587, as amen- ded, shall apply. 2 H l..1. Defined Area The area subject to this Special Condition is shown cross-hatched with the figure 15 encircled on the attached Schedule "A" hereto. 1.2 Permitted Uses No person shall use any of Elie lands in the defined area, or erect, alter, or use any building or structure on such lands for any purpose except one or more of the following uses, namely: -- a law office. 1. 3 Zone Provisions (i) Lot Area (minimum) 400.0 square metres (ii) Lot Frontage (minimum) 15.0 metres (iii) Front Yard (minimum) 2.0 metres (iv) Side Yard (minimum) 1. 8 metres (v) Rear Yard (minimum) 10.0 metres (vi) Building Height (maximum) 10.5 metres (vii) Parking Spaces (minimum) One space for each 27.9 square metre or fraction there- of of ground floor area plus one space for each 69. 7 square metre or fraction thereof re- maining gross floor area." 3. This By-law shall come into effect on the date hereof, subject to the provisions of Section 35(10) of the Planning Act. - 3 BY—LAW READ a first time this 5TH day of MAY , A.D. 1980. BY-LAW READ a second time this 5TH day of MAY A.D. 1980. BY-LAW READ a third time and finally passed this 5TH day MAY of A.D. 1980. (seal) G. B. RICKARD, Mayor J. M. McILROY, Clerk THIS IS SCHEDULE I X I TO BY-L.AW PASSED THIS - -5th DAY OF may,A. D. 1980. SPECIAL CONDITION 15 TO BY- LAW 1557 KING STREET 0 N w 0 0 ° z N 71° 4 4' W 2 E 0 Ld E 0 u� L —" 0 v- w 0 0 ° ° zI z b N ( 1- 44 W 25.10 m ZONE CHANGE TO SPECIAL CONDITION 15 G.D.Rlckard ,Mayor SCALE 1 : 200 m J.M.Mcliroy ,Glor!< _ I