HomeMy WebLinkAboutPD-204-895 .
DN: 828741
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REPORT File #,� g
Res. #
By -Law #
MEETING: General Purpose and Administration Committee
DATE: Tuesday, September 5, 1989
REPORT #: PD- 204 -89 FILE #: DEV 89 -63
WBJECT: REZONING APPLICATION - 828741 ONTARIO LIMITED
PART LOT 30, CONCESSION 2, FORMER TWP. OF CLARKE
OUR FILE: DEV 89 -63
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD- 204 -89 be received;
2. THAT the application to amend the Town of Newcastle Comprehensive Zoning By -law
84 -63, as amended, submitted by 828741 Ontario Limited on behalf of John Arnold
Bould and Barbara Elizabeth Bould be referred back to Staff for further
processing and the preparation of a subsequent report upon receipt of all
outstanding comments; and
3. THAT the persons listed to be notified of Council's decision, be forwarded a
copy of Report
1. BACKGROUND:
1.1 On May 11, 1989, the Town of Newcastle Planning and Development Department.
Staff received an application for site plan approval and an application to
amend the Town of Newcastle Comprehensive Zoning By -law 84 -63, as amended.
The application was submitted by 828741 Ontario Limited on behalf of John
Bould and Barbara Bould.
530
PAGE 2
REPORT NO.: PD- 204 -89
The proposed zoning By -law amendment would change the zone category of a
0.158 ha (0.392 acre) parcel of land in Part Lot 30, Concession 2,
former Township of Clarke from "Holding - Urban Residential Type One
((H)Rl)" to an appropriate zone to permit the development of a
commercial complex with a total floor area of + 500 square metres (5,382
sq.ft.) .
1.2 On July 31, 1989, Staff received a letter from Mr. Lawrence Gold
(representing 828741 Ontario Limited) confirming that a new application
for site plan approval will be submitted at a later date, however, they
would like the current rezoning application to continue as scheduled.
1.3 The subject site's north boundary fronts onto Given Road, while its
southern boundary abuts King Street (Highway No. 2) in the Village of
Newcastle.
The existing adjacent land uses surrounding the subject property are as
follows:
To the North: Given Road, single family dwellings & a farm
To the South: Hwy. No. 2 and a residential subdivision
To the East: Vacant Land
To the West: Apple Orchard
2. PUBLIC NOTICE AND SUBMISSIONS:
2.1 Pursuant to Council's resolution of July 26, 1982 and the requirements
of the Planning Act, the appropriate signage acknowledging the
application was installed on the subject lands. In addition, the
appropriate notice was mailed to each landowner within the prescribed
distance.
As of the writing of this report, no written submissions have been
received.
X31
...3
REPORT NO.: PD- 204 -89 PAGE 3
3. OFFICIAL PLAN CONFORMITY:
3.1 Within the Durham Regional Official Plan the subject property is
designated as a "Residential Area" within the Newcastle village Small
Urban Area. The predominant use of lands so designated is for housing
purposes. However, under Section 8.1.2.1 a), convenience stores are
permitted provided they are compatible with their surroundings.
3.2 Within the Town of Newcastle Official Plan the subject property is
designated as a "Residential Area. The Town Official Plan indicates
that permitted uses in Residential Neighbourhoods includes convenience
commercial facilities oriented to servicing the day -to -day needs of the
neighbouring residents (Section 8.2.1.2 ii)d). However, these
convenience commercial centres must also comply with Section 8.2.6.2(i)
which states:
" Convenience Commercial
a) Convenience Commercial facilities may be permitted in
areas designated as Residential and shall be developed to
provide items of daily necessity for the residents of the
immediately surrounding neighbourhoods.
b) Convenience Commercial facilities may be permitted in
accordance with projections of need.
c) As a general guideline, the maximum gross retail and
personal service floor space shall be 500 square metres.
d) Convenience Commercial facilities shall be located as
close as possible to major pedestrian and vehicular routes
and designed in keeping with the character and setting of
the surrounding residential area."
If the applicant intends to establish a convenience commercial facility
on the site, the proposal would appear to conform to the Town of
Newcastle Official Plan and an Official Plan Amendment would not be
necessary.
4. AGENCY COMMENTS:
4.1 In accordance with departmental procedures, the application was
circulated to obtain comments from ote departments /agencies.
..4
REPORT NO.: PD- 204 -89 PAGE 4
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The following departments /agencies in providing comments, offered no
objection to the application as filed:
- Newcastle Building Department
- Newcastle Hydro Electric Commission
- Ganaraska Region Conservation Authority
4.2 Newcastle Public Works has no objections to the rezoning but they will
provide more extensive comments when a site plan is submitted.
4.3 Newcastle Community Services requires that the applicant /owner provide a
2% dedication which can be accepted as cash -in -lieu and credited to the
Parks Reserve Account.
4.4 The Newcastle Fire Department requests that no permits be issued until
access routes and adequate water for firefighting are in place in
accordance with Subsection 3.2.5.2 and 3.2.5.3 of the Ontario Building
Code respectively.
4.5 The Durham Region Planning Department offered the following comments.
They noted that Section 8.1.2.1a) of the Durham Regional Official Plan
permits convenience commercial and limited office, retail and personal
service uses in residential areas. The Region states that subject to
the above conditions, the proposal may conform to the Durham Regional
Official Plan.
4.6 The Ministry of Transportation advised Staff that the subject property
has insufficient frontage along Highway No. 2 (100 ft. (30.5m)) to obtain
a commercial entrance permit (requiring minimum frontage of 150 ft.
(46 metres)).
4.7 Comments are still outstanding from the following agencies:
- Region of Durham Works Department
- Region of Durham Health Unit
...5
REPORT NO.: PD-204-89
As the purpose of this report is to address the requirements of a Public
Meeting under the Planning Act and in consideration of the comments
outstanding, Staff recommend the application be referred back to Staff
for further processing.
Respectfully submitted,
-----------
Franklin Wu, M-C-I-P-
Director of Planning & Development
Recommended for presentation
to the committee
Lawrence KouselL
Chief Adi*istrative officer
HM* FW* i iP
*Attach.
August 10, 1989
PERSONS TO BE NOTIFIED OF COMMITTEE AND COUNCIL'S DECISION:
John & Barbara Bould
167 Givens Road
NEWCASTLE, Ontario
LOA 1HO
828741 Ontario Limited
c/o Mr. Lawrence Gold
Walker, Gold, Fox & Schwarz
2040 Yonge Street
Suite 300
TORONTO, Ontario
M4S lZ9
-)4 4
Dev. 89�63
535
/Jlrle
/�D -
Ms. Patti Barrie, Town Clerk
Town of Newcastle
40 Temperance Street
Bowmanville, Ontario
L1C 6A3
Dear Ms. Barrie:
P.O. Box 134
Newcastle, Ontario
LOA 1H0
August 25, 1989
Re: Clerk's File: 60.35.538
Planning File$ Dev 89 -63
In response to your notice of August 1, 1989 I wish to
declare, on behalf of myself and the undersigned
residents and property owners in the Village of
Newcastle, our objection to the proposed zoning change
which is the subject of the referenced files.
Our concern is quite simply that a commercial facility
with its associated supplier and customer traffic,
garbage disposal facilities, etc., could not be
accommodated on the subject property in any way that
could be tolerated in a residential neighbourhood.
We wish to emphasize that we are not opposed to change
or the development of our neighbourhood, as those factors
are inevitable. However, we are opposed to the approval
of a commercial facility on what represents a .very small
portion of a relatively .large, as' yet undeveloped
neighbourhood. We believe that the planning of our
neighbourhood should be done with an overall perspective
and in an integrated manner and therefore submit that no
considoration for rezoning of any portion of the
currently zoned (H)R -1 property be allowed in isolation.
We hope that the sincerity of this submission is
understood by the members of council.
Resper, !ally,
r r
Robert J . Stephenson
Dr. & Mrs' Wm. Rudell
102 Giv n Road
Mr. & Mrs. Da id M. Rickard
80 Given Road
Mrs. kictkard s}
64 Given Road
Mrs. Beth Honeyman
46 Given Road
kip : vid Gray
R.R. #t Newcastle
Mr`: Mrs . 17.C. Stephbn
0, 11 R. R,� #2 , Newcas , e
�NIr:- Mrs. D. .Mas(keld
320 King Street West
fill
Mr" & Mrs'
rs .' D . McCurdy r
304 King Street West r
Mr. & Mrs'. D. Cunningham
343 King Street West