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Home My WebLink AboutPD-155-92 CORPORATION OF THE TOWN OF NEWCASTLE DN: GHODS.GPA Date: PUBLIC METING File # General Purpose and Administration Committee Monday, July 6, 1992 PD 155 #~e#: DEV 92 026 # Meeting: #: Subject: REZONING APPLICATION AND SITE PLAN APPROVAL GHODS BUILDERS INC. PART LOT 15, CONCESSION 1, FORMER TWP OF DARLINGTON FILE: DEV 92-026 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-155-92 be received; 2. THAT the application to amend the Town of Newcastle Comprehensive Zoning By-Law 84-63 submitted by Ghods Builders Inc. be referred back to Staff for further processing and preparation of a report subsequent pending receipt of all outstanding comments; and, 3. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: 1.2 Agent: Ghods Builders Inc. Pound Stewart and stein 1.3 Rezoning: From "Agricultural (A)" to an appropriate zone to permit the development of an 81.7 m2 sales pavilion comprising four separate new home sales trailers 1. 4 site Area: 2.443 hectares (6.04 acres) 2. LOCATION 2.1 The 2.443 hectare (6.04 acre) property is located on the southwest corner of Highway #2 and Durham Regional Road #57. . . .2 {' (j 1 J. flECYCI.ED PAPIER PAPEH RECYCLE T111S IS P!HJlEDON RECYCLED PAPEH REPORT NO.: PD-155-92 PAGE 2 3. 3.1 4. 4.1 4.2 A church is located west of the site while West Bowmanville Holdings Ltd. has a large mixed use application south of the C.P. Rail line which abuts the southern boundary of the site. In legal terms, this property is referred to as Part Lot 15, Concession 1 in the former Township of Darlington. BACKGROUND: On May 14, 1992, Ghods Builders Inc. submitted an application to the Town of Newcastle to amend the Town's Comprehensive Zoning By-Law 84-63 for the afore-mentioned property. The purpose of the application is to change the present "Agricultural (A)" zoning to an appropriate zoning which would permit the development of an 81.7 m2 sales pavilion comprising four separate new home trailers on the site. This proposed use is temporary in nature and could have a maximum lifespan of three years from the approval date of the zoning by-law. Once this period has elapsed, Council could extend the lifespan of the use for a subsequent period of up to three years. EXISTING AND SURROUNDING USES: Existing Uses: Residential and Town of Newcastle Parks and Cemetery Works Depot Surrounding Uses: East: Durham Regional Road #57, vacant lands and residential North: Highway #2 and Bowmanville arena complex West: Church and vacant lands South: C.P. Rail line and future residential . . .3 r.: n ') .) U L REPORT NO.: PD-155-92 PAGE 3 5. OFFICIAL PLAN POLICIES: 5.1 within the existing 1976 Durham Region Official Plans, the subject lands are located within the Bowmanville Major Urban Area and are designated as "Residential Areas". Lands so designated shall predominantly be used for housing purposes which may include group homes. In addition, other categories of uses may be permitted including: · certain home occupation and convenience stores which are compatible with their surroundings, certain public and recreational uses, and community uses such as day care centres, nursing homes, old age homes, schools and parks; · Local Central Areas, in accordance with section 8.2, and industrial uses which are not obnoxious in nature; and o limited office development and limited retail and personal service space. 5.2 The 1991 Durham Regional Official Plan as adopted by Regional Council has designated the subject site as "Living Areas". These lands shall be predominantly used for residential uses. Provided they are compatible with the surrounding residential uses, certain home occupations, convenience stores, certain public recreational uses and limited office and commercial development may be permitted. Some Employment Area uses as well as special purpose commercial uses may also be allowed. 5.3 The Town of Newcastle Official Plan designates these lands as "Low Density Residential" within the BowmanvilleMajor Urban Area. Residential dwellings shall be the predominant use within this area. However, additional uses such as certain home occupations, public recreational and community . . .4 t' ("' "7 '~l iJ '. '-',.) REPORT NO.: PD-155-92 PAGE 4 uses and convenience commercial facilities serving the day to day needs of residents are permitted. 5.4 This application is being submitted under section 39 of the Planning Act, R.S.O. 1990, whereby the use may exist for a maximum period not exceeding three years from the date the necessary by-law becomes Council approved. The Town of Newcastle Official Plan under section 2.1.3 permits council to approve such a by-law subject to the following conditions: · the temporary use is compatible with surrounding uses; · highly productive agricultural soils are not impacted; and · municipal services are provided on the site subject to the satisfaction of the Town and the Region. Although the various Official Plan documents do not specifically permit the proposed use, this temporary proposal represents a succession of land uses which does not appear to offend the Official Plan policies. In addition, the proposal does not deleteriously impact adjacent land uses nor does it impact prime agricultural lands. 6. ZONING BY-LAW COMPLIANCE: 6.1 The subject lands are currently zoned "Agricultural (A)" by the Town of Newcastle Comprehensive Zoning By-Law 84-63. Although section 3.22 relating to "Special Uses Permitted" allows a building or structure incidental to the construction on any site to be erected, these sales trailers relate to development occurring in other portions of . . .5 " (...... r- , ~J U 4 REPORT NO.: PD-155-92 PAGE 5 Bowmanville. As a result, a rezoning for this property will be required. 7. PUBLIC NOTICE AND SUBMISSION: 7.1 Pursuant to Council's resolution of July 26, 1982 and requirements of the Planning Act, R.S.O. 1990, the appropriate signage acknowledging the application was erected on the subject lands. The required notice was mailed to each landowner within the prescribed distance. 7.2 As of the writing of this report, no written submissions or counter inquiries have been received. 8. AGENCY COMMENTS: 8.1 The application was circulated to solicit comments from other relevant agencies. 8.2 Comments indicating no objections have been received from the following agencies: Town of Newcastle By-Law Department Durham Region Planning/Public Works Departments Durham Region Health Department Ministry of Agriculture and Food Ministry of Natural Resources ontario Hydro' 8.3 The following agencies have no objections to the proposal provided that the comments/concerns are addressed by the applicant. The Town of Newcastle Building Department has no objections but requires that building permits be issued prior to construction. . . . 6 :) () 5 REPORT NO.: PD-155-92 PAGE 6 The Town of Newcastle Fire Department has no objections provided that fire extinguishers in accordance with the ontario Fire Code be installed in each trailer. 8.4 Comments still remain outstanding from the following agencies: Town of Newcastle Public Works Town of Newcastle community services Central Lake ontario Conservation Authority Consumers Gas C.P. Rail Ministry of Environment 9. STAFF COMMENTS: 9.1 As the purpose of this report is to satisfy the requirements for the Public Meeting under the Planning Act, R.S.O. 1990, and considering the number of outstanding comments, it is respectfully requested that this report be referred back to Staff for further processing and the preparation of a subsequent report. Respectfully submitted, cJ V'Nv"JJ~, ~lAJ Franklin Wu, M.C.I.P. DIrector of Planning and Development Recommended for presentation to the committe~~. \/ ''/ 1(\--1 Lawrence E. 0 stff Chief Adminis rative Officer L/ RH*FW*jip *Attach 22 June 1992 INTERESTED PARTIES TO BE NOTIFIED OF COUNCIL AND COMMITTEE'S DECISION: Ghods Builders Inc. 329;.3~Bayview Avenue suite 300 Willowdale, ontario M2M 4J5 Attention: Irene catsibris 5D6 ~ SUBJECT SITE LOT 16 LOT 15 LOT 14 o <( o a:: z l&J l&J a:: e A (H)R4 KEY MA o 100 200 300 m r---- I 50m IIIIIiIIIiII v. l:~ " (1 '/- 1- ( .JL ci ~ CD (- z. o - (f) (f) w u z o u o <( o 0:: >- '" 'fi ~ ,. ~ b ~ ~ t .~I ,OJ? '" ~ t.z ~ ~ ~ s 0 .. i .. . 1: .. '/ , ~ 8 % f I ~ t ~ -; " Q. Z Q. <CZ; ....- l>. 0 ~~ - .... Vll>. ~~ '! .~o 1, ''=!l! ~~~ ~ ~~I !% ~ .,J, ~ ! f , "" iW ~i ^~ttj~ J;.t !~ I Ai -II' f -~ ,- . ....^ v ~-" ~ ~-~ " 8U~' t ~~ ~ f ~ hl~ i!ill <c 1 ~ ; J I ~ it ~ ! ~1,9~W'!Y .-.Jl~j 9t~t9i t10~P r~r~3 -~ ~ i\ Q ~ :ri 8 ....J" 0.." ~i . t' :% ... 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