HomeMy WebLinkAboutPD-114-89DN: BELTON
TOWN OF NEWCASTLE
REPORT File # 0• ;
Res.
By-Law #-Y2-- 7-3
MEETING: General Purpose and Administration Committee
DATE: MONDAY, MAY 1, 1989
REPORT #: PD-114-89
FIE #: DEV 86-85 (REVISED)
SUBJECT: REZONING APPLICATION - BELTON MASONRY (FORMERLY J. SILVA (VENTURY HOMES))
PART LOT 16, B.F. CONCESSION FORMER TOWNSHIP OF DARLINGTON
OUR FILE: DEV 86-65 (REVISED)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-114-89 be received; and
2. THAT Rezoning Application by Belton masonry for permission of outside
storage in Part Lot 16, B. F. Concession, Darlington Township be
approved and the attached amending by-law be passed; and
3. THAT a copy of the By-law be forwarded to the applicant, the Region of
Durham Planning Department and others as per the circulation
requirement of the Planning Act.
1. BACKGROUND
1.1 Council at its January 30th. 1989 meeting approved By-law No. 89-15 to
permit Belton Masonry the establishment of an outdoor display area for
up to a maximum of seven (7) modular dwelling units in addition to an
assembly, manufacturing and fabricating plant.
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525
REPORT NO.: PD-114-89
1.2 The property is located within Part of Lot 16, B. F. Concession;
fronting onto the south service road, west of Waverly Road, in the
former Township of Darlington.
1.3 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.
1.4 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.
1.5 On March 7, being the last day of appeal, the Region of Durham lodged
an objection to By-law 89-15. As noted in the Region's letter of
objection, the Region was prepared to withdraw their objection of the
By-law is it is amended to indicate that the display court was an
ancilliary use to a permitted industrial use.
2 STAFF COMMENTS
2.1 In order to avoid contesting this matter before the Ontario Municipal
Board and to further investigate the reasons behind the Region's
objection, Staff met with the Commissioner of Planning at the Region
and it appears that the Region would not object to an amending By-law if
it uses the wording of "outside storage of goods and materials" rather
than "display of modular homes" as used in By-law 89-15 which the Region
objected to.
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REPORT NO.: PD-114-89 PAGE 3
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2.2 It appears a solution has now been worked out with the Region. In
order to proceed further, a new by-law will have to be passed and at
the same time rescind the previous By-law.
2.3 The attached by-law amendment will now specifically indicate outside
storage of goods and material ie: modular homes, being a permitted
use on the property in addition to other permitted uses within the
current industrial zone. For the information of Committee, the current
modular home sales office is considered an office use within an
industrial zone and therefore conforms to the intent of the By-law.
2.4 As the attached amending by-law does not vary the intent and meaning of
the previous By-law 89-15, a public meeting is not required.
Respectfully submitted, Recommended for presentation
to the Committee
------------------ _T ---------------
Franklin Wu, M.C.I.P. Lawrence I Kotseff
j st
Director of Planning & Development Chief A i 'strative Officer
LDT*FW*cc
*Attach.
April 19, 1989
Interested parties to be notified of Council and Committee's decision:
Bel-ton Masonry Ltd.
c/o Ventury Homes Inc.
160 Baseline Road
BOWMANVILLE, Ontario
LlC 1A2
-52)7
THE CORPORATION OF THE TOWN OF N99CASTLE
BY -LAW NUMBER 89-
being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law of
the Corporation of the Town of Newcastle.
WHEREAS the Council of the Corporation of the Town of Newcastle deems it
advisable to amend By -law 84 -63, as amended, of the Corporation of the Town
of Newcastle.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Town of Newcastle enacts as follows:
1. By -law 89 -15 is hereby repealed.
2. Section 23.3 SPECIAL EXCEPTIONS - LIGHT INDUSTRIAL (M1) ZONE is hereby amended
by adding thereto the following new Special Exception 23.3.6 as follows:
"23.3.6 LIGHT INDUSTRIAL EXCEPTION M1 -6 ZONE
Notwithstanding Section 23.1 and 23.2(i) those lands zoned "M1 -6" on the
Schedules to this by -law, in addition to the use of said lands for an assembly
manufacturing, fabricating or processing plant within a wholly enclosed
building or structure, may also permit outside storage of finished modular
homes up to a maximum of seven (7) such homes. For the purpose of this
provision, a modular home shall not be used as a habitable room."
3. Schedule 113" to By -law 84 -63, as amended, is hereby amended by changing to
"Ml -6" the zone designation of the lands indicated as "ZONE CHANGE FROM M1 TO M1 -6"
as indicated on the attached Schedule "X" hereto.
4. Schedule "X" attached hereto shall form part of this By -law.
5. This By -law shall come into effect on the date of passing hereof,
subject to the provisions of Section 34 of the Planning Act.
BY -LAW read a first time this day of 1989
BY -LAW read a second time this day of 1989
BY -LAW read a third time and finally passed this day of
1989.
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