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Home My WebLink AboutPD-123-92 THE DN: MACLEAN.GPA OF THE TOWN OF NEWCASTLE Meeting: General Purpose and Administration Committee LJeU q,;; ~6(7 hl4 ~f:"/f File #u ..: v C} f 6 7 Res. ~ /J/I-39;;. ~ 9>> # D~e: Tuesday, May 19, 1992 #: PD-123-92 File #: DEV 92-017 Subject: REZONING APPLICATION - BRYAN MACLEAN PART LOT 31, CONCESSION 4, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 92-017 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-123-92 be received; 2. THAT the application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Bryan MacLean, be DENIED. 3. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. 1.1 APPLICATION DETAILS Applicant: Bryan MacLean 1.2 . Zoning Amendment: From Residential Hamlet to an appropriate zone or zones in order to permit the establishment of a retail carpet outlet in addition to the existing single family dwelling. 1.3 Area: .69 hectare (1.7 acres) 2. BACKGROUND 2.1 On February 28, 1992, the Town of Newcastle Planning and Development Department received an application, submitted by Bryan MacLean to amend the Town of Newcastle Comprehensive Zoning By-law in order to permit the establishment of a retail l'ij RECVCLED PAPIER PAPER RECYCLE THLS LS P[liNTEDctI RECYCLED rAPEfl REPORT NO.: PD-123-92 PAGE 2 carpet outlet in addition to the existing single family dwelling. 2.2 The lands subject to the application are an irregular shaped parcel approximately .69 hectares (1.7 acres) in size and is located on the south side of Taunton Road approximately 50 metres (164 feet) west of Trulls Road but is more formally described as Part Lot 31, Concession 4, in the former Township of Darlington. 3. PUBLIC NOTICE AND SUBMISSIONS 3.1 Pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within the prescribed distance. 3.2 A Public Meeting was held on April 21, 1992 at which time one (1) area resident spoke in opposition to the application and submitted a petition containing three (3) signatures. In addition, two (2) area residents and one (1) employee of the applicant spoke in favour of the application and the applicant submitted a petition containing forty (40) signatures of individuals in support of the proposal. 4. OFFICIAL PLAN CONFORMITY 4.1 within the existing and recommended Durham Regional Official Plan, the subject property is designated as Permanent Agricultural Reserve with an overlying Hamlet symbol. Both the existing and recommended Regional Official Plan would permit limited commercial uses and therefore, the application appears to conform with both the existing and recommended Regional Official Plan. 4.2 section 9 of the Town of Newcastle Off icial Plan has established policies for the development of Hamlets. section REPORT NO.; PD-123-92 PAGE 3 9.3(iv) states that commercial and industrial uses shall not be permitted in Hamlets for which a Secondary Plan has not been approved. A Hamlet Secondary Plan has not, as yet, been prepared for Mitchell Corners. Therefore, it would appear that the application does not conform with the Town of Newcastle Official Plan and that there is a conflict between the Town's Official Plan and the Region's Official Plan. section 1.1.3 of the Town's Official Plan states that in lithe event of a conflict between the provisions of this Official Plan and the provisions of the Durham Regional Official Plan, the provisions of the Durham Regional Official Plan shall prevail tq the extent of that conflict. II Therefore, the application can be considered to be in conformity with the provisions of the Town of Newcastle Official Plan. 5. ZONING BY-LAW COMPLIANCE 5.1 within the Town of Newcastle Comprehensive Zoning By-law 84- 63, the subject property is zoned Residential Hamlet (RH). The only non-residential uses permitted by the Residential Hamlet (RH) zone are places of worship and cemeteries which existing at the date of passing of By-law 84-63. Therefore, the applicant has applied to amend the zoning by-law in order to permit the establishment of a retail carpet outlet. 6. AGENCY COMMENTS 6.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following provides a brief synopsis of the comments received to date. 6.2 The community Services Department has advised that they have no obj ection to the application subj ect to the applicant providing the municipality with 2% cash-in-lieu of parkland dedication, with the funds realized being credited to the parks reserve account. S9 REPORT NO.: PD-123-92 PAGE 4 6.3 The balance of the circulated agencies/departments which have responded are the Public Works Department, the Fire Department, the Regional Planning Department, the Regional Health Department, the Ministry of Natural Resources and the Central lake ontario Conservation Authority. None of the aforementioned agencies have provided objectionable comments with respect to the proposal. 7. STAFF COMMENTS 7.1 When assessing the appropriateness of development applications, the Planning and Development Department will have regard for the proposal's locations, the proposed land use and the existing and future land uses of the abutting properties. 7.2 The Planning and Development Department has serious concerns regarding the location of the subject property with respect to the intended use of the subject property as a commercial operation. The appropriateness of the subject property for commercial uses has not as yet been established and in fact the application represents "piecemeal" planning. 7.3 In addition, staff are of the opinion that commercial uses in the Hamlets should serve the day-to-day needs of the Hamlet residents. The appropriateness of the proposed use of the subject property as a retail carpet outlet is questionable since it is unlikely that such a use would serve the day-to- day needs of the Hamlet residents. staff are of the opinion that commercial operations wLich the Hamlet residents patronize relatively infrequently should be located in the major urban areas. This would enable commercial operations which serve the day-to-day needs of the Hamlet residents to establish in the limited commercial areas of the E.;..mlet. 7.4 Moreover, staff have not been afforded the opportunity to fully examine the commerqial potential of the abutting C'OO ) / j REPORT NO.: PD-123-92 PAGE 5 properties or the probable impact the proposal may have on the future development potential of these abutting properties. staff maintain that the appropriate commercial uses and the appropriate locations for these uses can only be determined through a proper review and assessment of the commercial needs of the Hamlet during a Hamlet Secondary Plan study. Furthermore, staff are of the opinion that the approval of applications of this nature, at this time, could prejudice the opportunity to prepare a comprehensive Hamlet Secondary Plan for Mitchell Corners. 8. CONCLUSIONS 8.1 In consideration of the comments contained wi thin this report, the Planning and Development Department respectfully recommends that the application be DENIED. Respectfully submitted, Recommended for presentation to the Committee ~L~ Franklin Wu, M.C.I.P. Director of Planning and Development \) /rnr .t0~iLttlLLQ~ l {~iLJ Lawrence E./ KOtS,t!ff Chief Adminis1ri'tive Officer { d WM*FW*df *Attach 8 May 1992 Interested parties to be notified of Council and Committee's decision: Bryan MacLean R.R.#l Hampton, ontario. LOB 1JO .599 REPORT NO.: PD-123-92 PAGE 6 Muriel stainton Group, 1, Box 85, R.R.#l Hampton, ontario. LOB 1JO Oleh Peruv Group 1, Box 85 R.R.#l Hampton, ontario. LOB 1JO Bill Stapley 59 ontario street Bowmanville, ontario. L1C 2S6 Murray wicks 21 Firner street Hampton, ontario. LOB 1JO SQ9 ~ SUBJECT SITE It) LOT 32 I LOT 31 LOT 30 I ............. ...................................... ......... ..... It ........ . ... ......... .. . .. 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