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HomeMy WebLinkAboutP-133-80 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1J0 TEL. (416)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF JULY 21, 1980. REPORT NO.: P-133-80 SUBJECT: Proposed Rezoning - Part Lot 10, Con. 1, former Town of Bowmanville - Guy's Investments BACKGROUND: On May 30, 1980, the Planning Department received the attached application for rezoning. The subject property presently contains a single family residential dwelling which the applicant proposes to con- vert to a Real Estate Office. The applicant also requests that the zoning encompass such other uses as a Professional Office, Insurance Office and general retail uses. The subject site is designated as "Main Central Area" by the Durham Regional Official Plan and "General Commercial" by the Bowmanville Official Plan. The proposed use would appear to conform to the intent of both these plans. The site is presently zoned 'R' General Residential and professional offices would be permitted under that zone, provided that they formed part of the practioner's own home. It is our understanding that the subject building is intended entirely for office or commercial use, and therefore, a rezoning is required. J_ - 2 - Report No. P-133-80 The subject application was circulated to a number of departments and agencies for comments which are summarized below. Town of Newcastle Public Works Department "Further to your request of June 2, 1980, the subject application has been reviewed and comments thereon are as follows: (a) That the applicant enter into a site plan agreement with the Town of Newcastle. (b) That the applicant construct storm drainage facilities (i.e. storm sewer to service parking lot) , according to the Town's Design Criteria and Standard Drawings, and to the satisfaction of this Department. (c) That, due to other commercial facilities in the area, parking not be allowed on St. George Street (as per By-law 79-1) . It should be noted that any future applications for entrance/access from King Street are not recommended." Town of Newcastle Fire Department "The Fire Department has no objection to the application for rezoning with the exception of "on-street" parking in the vicinity of existing fire hydrant corner of St. George Street and Highway 2." Newcastle Hydro Electric Commission No objection. Ministry of Transportation and Communications "This Ministry has no comments to offer on the subject noted application.1P Durham Regional Planning and Works Department "The subject site is designated "Main Central Area" in the Durham Regional Official Plan. Main Central Areas are to provide a fully integrated array of shopping, personal and business service, office, institutional, community, recreational and residential uses. However, prior to rezoning to permit the proposed use, the Durham Plan requires the preparation of a District Plan which would provide detailed provisions and guidelines for development in the Main Central Area. Notwith- standing this, in accordance with Section 17.5 of the Durham Plan, a district plan is not 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 site is REPORT P-133-80 - 3 designated "Central Area" in the Official Plan for the former Town of Bowmanville. Proposal conforms. (Staff Note that the comments of the Regional Staff are not accurate in that the site is designated "General Commercial" not "Central Area" by the Bowmanville Official Plan. However, the proposal still conforms.) With respect to the provision of Regional Services both municipal water and sanitary sewer services are available to the site." COMMENTS From our review of the comments received it appears that that major concern, relative to this proposed rezoning, is in respect of the provision of parking. The applicant is proposing 9 parking spaces, 3 of which are located "on-street". However, under the present requirements of the Bowmanville Zoning By-law only four parking spaces would be required, given the existing gross floor area and the proposed uses. We would also note that Section 7.16 of the existing by-law requires off-street parking, as does Section C(5) (c) of the Bowmanville Official Plan. We, therefore, cannot support the applicant's proposal to provide on-street parking facilities; however, given the present by-law requirements these spaces would be in excess of the required number and should be deleted from the proposal. Aside from the issue of parking, a secondary concern is in respect of compliance with the policies of the Durham Regional and Bowmanville Official Plans as they relate to the development or redevelopment of Main Central Areas and General Commercial Areas, respectively. Section 8.2.2.18 of the Durham Regional Official Plan requires that the development of Central Areas be in accordance with good design principles, examples of which are included within that Section. In addition, Section C(5)e) and f) of the Bowmanville Official Plan require that; "(e) Adequate buffering, screen planting and/or fencing shall be provided between commercial land uses and adjacent residential properties. (f) Conversions of structures, originally erected for residential purposes, to commercial uses will be regulated in order to insure that such renovation improves the general appearance of the commercial district, besides meeting the safety, health, fire and building regulations applicable to commercial structures." _ 4 _ Report No. P-133-80 In this regard, it would be appropriate for the applicant to enter into a site plan agreement with the Town, pursuant to By-Law 79-151, in order to ensure that the redevelopment of the site and renovation of the building comply with the noted Official Plan policies. We also note that the existing frame garage encroaches upon the St. George Street road allowance and recommend that the applicant be requested to remove said garage through the provisions of the necessary site plan agreement. CONCLUSION Based upon our review of the application, the proposed uses, and the comments received through circulation, staff would have no objection to a rezoning of the subject property to permit business offices for such uses as Real Estate Agents, Insurance Agents, or Law Offices. However, we cannot support the zoning of this property for general retail commercial uses since Section C(5)c) of the Bowmanville Official Plan requires that; The establishment of new areas of strip commercial development will be discouraged." It is our staff opinion, that zoning to permit retail commercial uses on this site would tend to encourage the development of a new commercial strip, and also, that the commercial use of this property, at the present time, would be less compatible with the adjacent low-density residential uses, than its proposed use for business offices. In that regard, the accompanying by-law, Attachment 1, proposes a special provision rezoning which would limit the use of the site to business offices. RECOMMENDATIONS: That the Planning and Development Committee recommend to Council the following:- (1) That report P-133-80 be received; and that (2) Application for rezoning Number Z-A-2-8-2 be approved; and that (3) The attached By-law Number 80- be forwarded to Council for approval; and that (4) The Region of Durham be advised of Council's action in respect of the subject application. Respe fuy°Submitted, D.N.` Smith, M.C.I.P. TTE:lf ~ Director of Planning V T 0 W N O F N E W C A S T L E APPLICATION FOR AMENDMENT TO ZONING BY-LAW APPLICATION FORM (Revised April 1979) TO: Town of Newcastle Municipal Building HAMPTON, Ontario LOB 1J0 Attention : Mr. D. N. Smith, M.C. I .P. Director of Plan i Gentlemen: The undersigned hereby applies to the Town of Newcastle for an amendment to the Zoning By-law in respect of the lands hereinafter described. Enclosed herewith is a certified cheque in the amount of $50/$250 payable to the Town of Newcastle, as a deposit towards the cost of processing this application. It is hereby agreed that the undersigned shall pay to the Town of Newcastle any further costs which may be determined by the Town of Newcastle Council relating to this application. TO BE COMPLETED BY APPLICANT OR AGENT 1 . Applicant' s Name _;drnond Tel No. Address Eo;; 13< I1ewcz Q Ongn T QA 11L 2. Agent' s Name ( if any) Lone Tel . No. Address 3. Registered Owner' s dame Cu-.ss I7xun0+menu Tel . No. tea — �-. !9? Address 147 King st. N,., Bolmanvill® 4. Applicant' s Interest in Subject Lands : Yes _ prospective purchaser mortgagor/mortgagee neighbouring owner any other interest in subject lands (NOTE: Applicant, if not registered owner, should attach hereto, if available, a letter from the owner authorizing this application. ) 5. Description of Subject Lands (a) Lot and Concession Number Part of Lot l0, Conc. 1, (Formerly "OR" Darlington) Lot and Registered Plan Number _Part of Lot 10, Bloc's T,211, Hann=ing (b) Lot Frontage 66, Plan (c) Lot Depth 34m60, ' (d) Lot Area 5583.6 sq.ft. 2 - 6. Present Official Plan Designation(s) Central Area 7. Present Zoning Designaf,ion(s) Residential _ £i. Requested Zoning _ c eneral Cc z aerci_1 —_ 9. Existing Land Uses of Surrounding Properties: West - duplex, (give detailed description) East,_ Service Station !'or th - single ra siI.k _ce South side of King St. - Commercial 10. Existing Land Uses of Subject Lands : Single far+.i.].y ;ftvelling (rented out; (give detailed description) 11 . Existing Land Uses of Subject Lands have been carried on since Over '0 oreass 12. Description of Proposed Uses of Subject Lands : Real Estate Office (give detailed description) (see instructions) t-tould lime zoning to cnconpass Professional Office, Insurance Office, and general retail store, for possible partial and/or future use. 13. Description of Proposed Quildings(s) : (as per site plans , see instructions) he i gilt No builc3lnrr contemlated at 3 mL Only 4urfacn number of storeys renovations to e)dsti.n 1 storey frame dwelling. gross floor area number and type of dwelling units other use of building number of parking spaces : (a) indoor (b) outdoor number of loading spaces 14. Proposed date of construction for all buildings and structures 15. Services Available: (a) water yes (b) sewer Yea 16. Supplementary Material : (to be attached to this application) Appendix 1 - statement disclosing the nature, extent and reasons for this application. Appendix 2 - site plans as per instructions sheet. 3 - 17. Statutory declaration: .. . . .` . . �� f solemnly declare that: all above statements and the information contained in all of the Appendices transmitted herewith are true, and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of "The Canada Evidence Act" . DECLARED before me at the of .. . . . . . in the Region) o f {�.ti.�t: r t. . . th i s . . :�4 z. . .day) -` _- z SIGNATURE OF APPLICANT of. . . : . . .A.D. , A 7—Comillissioner, / tc.