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HomeMy WebLinkAboutPD-257-89TOWN OF NEWCASTLE MCAULEY REPORT File #60,367.549 Res. # By -Law # MEETING: General Purpose and Administration Committee DATE: Monday, October 23, 1989 REPORT #: PD-257-89 FILE #: DEV 89 -078 MECT: REZONING /SITE PLAN APPLICATION TRULL'S ROAD FREE METHODIST CHURCH PART LOT 30, CONC. 2, FORMER TOWNSHIP OF DARLINGTON RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administrative Committee recommend to Council the following: 1. THAT Report PD- -89 be received; 2. THAT Application to amend the Town of Newcastle Comprehensive Zoning By -law 84 -63, as amended, submitted by J. David McAuley on behalf of Trull's Road Free Methodist Church, 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 be informed of Council's decision. 1. BACKGROUND 1.1 On May 29, 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. 1.2 The proposed Zoning By -law Amendment would change the zone category of a 1.61 ha parcel of land in part Lot 30, ...2 y7 .� REPORT .D_ PAGE 2 Concession 2, former Township of Darlington from "Agricultural (A)" to an appropriate zone to permit the expansion of a place of worship. 1.3 For the information of the Committee, the Committee of Adjustment has earlier approved a minor variance application to allow the Church to undertake some minor expansions within the existing lot. The current rezoning application is for a second phase expansion onto an abutting lot. 1.4 The site is located on the East side of Trulls Road approximately 1.2 km south of Highway # 2. Surrounding land uses include: - to the north - vacant /agricultural - to the east - vacant /agricultural - to the south - residential - to the west - residential 2. OFFICIAL PLAN CONFORMITY 2.1 Within the Durham Region Official Plan the property is designated "General Agricultural Area ". The predominant use of lands so designated is for agriculture and other farm - related uses. 2.2 Section 16.6.5 of the Durham Region Official Plan states: "Notwithstanding Sections 8.3.3.3, 16.6.1, 16.6.2 and 16.3.3, this Plan is not intended necessarily to prevent the continuation, expansion, or enlargement of uses which do not conform to designations and provisions of this Plan. At their sole discretion, the Councils of the area municipalities may zone to permit the continuation, expansion or enlargement of existing uses, or the variations to similar uses, provided that such uses: ...3 J ,J IJ, REPORT .D .. a) have no adverse effect on the present uses of the surrounding lands or the implementation of the provisions of this Plan; b) have regard for the Agricultural Code of Practice as amended from time to time, if applicable; c) are accessible by a public road which is maintained by the appropriate authority as open to traffic on a year - round basis and is of a standard construction adequate to provide for the additional traffic generated by the proposed use; and d) are subject to any conditions that may be contained in a district plan." This section infers that an Official Plan Amendment will not be necessary if Council so decides, the subject property may be rezoned in order to permit the expansion and /or enlargement of an existing use. 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 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 a written submission directed to the application for Minor Variance (A72/89) was received from U. and E. Mazzotta which addressed their opposition to this application. They own property abutting the southern portion of the subject lands. 4. AGENCY COMMENTS 4.1 In accordance with departmental procedures, the application ...4 REPORT NO.: PD-9r,:7-89 was circulated to obtain comments from other departments and agencies. The following departments /agencies in providing comments, offered no objection to the application as filed: - Newcastle Fire Department - Newcastle Community Services Department - Ministry of Agriculture and Food 4.2 The Town of Newcastle Public Works Department offered the following comments. They request that the applicant prepare a site drainage plan in accordance with the master drainage plan for the Courtice Urban Area; that a 5.18 m road widening be dedicated to the Town of Newcastle along the subject property's frontage abutting Trulls Road; that any easements required by the Town be granted free and clear of any encumbrances; that the applicant will bear the costs of any works on Trulls Road which result from this development; that all requirements financial or otherwise of the Public Works Department be met; that other standard requirements such as Lot Grading be met; and that the applicant /owner make an application for property access in conjunction with this proposal. 4.4 The Durham Region Health Department notes that the existing tile bed would be located less than fifteen (15) feet from the development proposed for Phase One. They also state that the Phase Two addition may require the replacement of this existing septic system. It is for these reasons that the Durham Region Health Department cannot recommend approval for this re- zoning. However, the applicant has received a temporary permit for "Phase I ". A new permit will be required for a new tile bed for "Phase II". ...5 REPORT .D. 257-89 PAGE 5 4.5 Central lake Ontario Conservation Authority has no objections to this application, however they do request that lot grading be completed such that adjacent lands are not adversely affected by drainage from the subject property. 4.6 Comments have yet to be received from: - Durham Region Planning Department - Durham Region Works Department - Ontario Hydro 5. COMMENTS 5.1 Phase one of the proposed development is entirely located within the existing lot, while the majority of the Phase II development is situated on the abutting property. This abutting lot requires a zoning amendment to permit the Phase II addition, however, Staff recommends that the existing parcel be included in this rezoning in order to bring this non - conforming lot into conformity with the Town of Newcastle Comprehensive Zoning By -law 84 -63, as amended. 6. CONCLUSION 6.1 As the purpose of this report is to address the requirement 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. E. 1-1 REPORT .D 257-89 PAGE 6 Respectfully submitted, k. Franklin Wu, M.C.I.P. Director of Planning and Development HM *FW *cc *Attach October 5, 1989 Recommended for presentation Lawrenc . Kotseff Chief A istrative Officer Interested parties to be notified of Council and Committee's decision: Trull's Road Free Methodist Church Trulls Road R.R. # 8, Box 66 Bowmanville, Ontario L1C 3K7 J. David McAuley Architect Inc. 360 Woolwich Street Guelph, Ontario N1H 3W6 54.3