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HomeMy WebLinkAboutPD-79-89DN: BELTON TOWN OF NEWCASTLE REPORT File #,a Res. I `v 1 ;- rd By -Law # MEETING: General Purpose and Administration Committee DATE: MONDAY, MARCH 20, 1989 REPORT #: PD -79 -89 FILE #: DEV 86 -55 (REVISED) SUBJECT: REZONING APPLICATION - BELTON MASONRY (FORMERLY J. SILVA (VENTURY HOMES)) PART LOT 16, B.F. CONCESSION, FORMER TOWNSHIP OF DARLINGTON OUTDOOR DISPLAY AREA FOR DWELLING UNITS OR DWELLING MOBILE OUR FILE: DEV 86 -55 (REVISED) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -79 -89 be received; and 2. THAT Staff be directed to re- schedule a Public Meeting in respect of the rezoning application submitted on behalf of Belton Masonry to address the concerns of the Regional Municipality of Durham; and 3. THAT the applicant and Region of Durham Planning Department be advised of same. 1. BACKGROUND 1.1 Council at their January 30th. 1989 meeting approved By -law No. 89 -15 to permit in addition to an assembly manufacturing, fabricating plant; the establishment of an outdoor display area for up to a maximum of seven (7) dwelling units or dwelling mobile homes on the lands located within Part of Lot 16, B.F. Concession; fronting onto the south service road, west of Waverly Road. ...2 533 ; PAGE 2 ------------------------------------------------------------------------------- 1.2 Staff, in reviewing the proposal with respect to the policies and provisions in the Durham Region Official Plan, was of the opinion as noted in Staff Report PD- 16 -89, that the outdoor display area, being the "storage goods and materials ", would not offend the intent of the Durham Region Official Plan. Section 8.4.2.1 within the Durham Region Official Plan states that the predominant use of land designated industrial may be used for... - manufacturing, warehousing, assembly, processing including reclaiming and /or recycling, storage of goods and materials, utility functions and transportation, terminals and similar uses. 2. COMMENTS 2.1 In consideration of Council's action and approval of By -law No. 89 -15, the Clerk's Department circulated the By -law in accordance with the provisions of the Planning Act. 2.2 On March 7, being the last day of appeal, the Region of Durham lodged an objection to By -law 89- 15.(copy attached) 2.3 As noted in the Region's letter of objection, the Region would be prepared to withdraw their objection of the By -law if it is amended to indicate that the display court being an ancilliary use to a permitted industrial use. 2.4 Staff have subsequently forwarded a revised By -law amendment for the Region's review. A draft copy of same is attached for Committee's information. 2.5 It is still Staff's opinion that By -law 89 -15 as approved by Council did comply with the applicable provisions, policy and intent of the Durham Region Official Plan. However, in consideration of the applicants request to expedite this matter, Staff would respectfully recommend that an amending by -law be passed rather than contest this issue before the Ontario Municipal Board. ...3 REPORT NO.: PD -79 -89 PAGE 3 ------------------------------------------------------------------------- - - - - -- 2.6 In order to comply with the provisions of the Planning Act a public meeting will have to be scheduled prior to adoption of any by -law amendment. Respectfully submitted, Recommended for presentation to the Committee _j -- ---- -------------- Franklin Wu, M.C.I.P. Lawrence E K eff Director of Planning & Development Chief Adm' is r five Officer LDT *FW *cc *Attach. March 10, 1989 CC: Belton Masonry Lttd. Ventury Homes Inc. 160 Baseline Road BOWMANVILLE, Ont. 11C 1A2 ' �JG;r The Regional Municipality of Durham Planning Department Box 623 105 Consumers Dr. Whitby, Ontario Canada, L1 N 6A3 (416) 668.7731 Fax # (4 16) 668-4048 DR. M. R. MICHAEL, M.C.I.P. Commissioner of Planning March 7, 1989 Mrs. Patti Barrie, A.M.C.T. Town Clerk Town of Newcastle Municipal Building 40 Temperance Street Bowmanville, Ontario L1C 3A6 Dear Mrs. Barrie: Re: Conformity to Official Plan(s) Zoning By -law No. 89 -15 Proposal: An outdoor display area for modular homes Location: Part Lot 16, B.F.C. Town of Newcastle Also Quote Ref. No.: / !. Further to the passing of the above By -law, and having reviewed the provisions of the By -law, I wish to advise that By -law 89 -15 is not in conformity with the official plan(s) in effect for the Regional Municipality of Durham. The subject property is designated "Industrial" in the Regional Official Plan. Section 8.4.2.1 states in part: "the predominant use of lands so designated may be for manufacturing, warehousing, assembly, processing including reclaiming and /or.recycling, storage of goods and material, utility functions and transportation terminals and similar uses." By -law 89 -15 proposes to add an outdoor display area for non - habitable mobile homes to the list of use permitted on an "Industrial" designated property. This use does not conform and accordingly, this letter should be considered an objection. The Region would be prepared to withdraw its objection if the subject By -law was amended to indicate that the display court would be ancilliary to a permitted industrial use. Yours very truly, I -4. ___� Dr. M. Michael, M.C.I. . Commissioner of Planning :csc .36 This paper contains recycled material.