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Home My WebLink AboutPD-215-92 TIDE CORPORATION OF THE TOWN OF NEWCASTLE DN:GHODS.GPA REPORT Meeting General Purpose and Administration Committee File 11 Date Monday, October 19, 1992 Res By-Law 9 Report# pn__245_&j_2_ File# --DEV 92-026 Subject REZONING APPLICATION AND SITE PLAN APPROVAL GHODS BUILDERS INC. PART LOT 15, CONCESSION 2, FORMER TWP OF DARLINGTON FILE: DEV 92-026 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-215 -92 be received; 2 . THAT the application to amend the Town of Newcastle Comprehensive Zoning By-Law 84-63 submitted by Ghods Builders Inc. to permit the development of an 81. 7 m 2 sales pavilion comprising of four separate new home sales trailers be APPROVED for a period not exceeding three (3) years from the date of passing of the Temporary Use By-law; 3 . THAT the Temporary Use By-law be forwarded to Council for approval at such time that the applicant has entered into a site plan agreement with the Town; and, 4 . THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Applicant: Ghods Builders Inc. 1. 2 Agent: Pound Stewart and Stein 1. 3 Rezoning: From "Agricultural (A) " to an appropriate zone to permit the development of an 81. 7 m sales pavilion comprising four separate new home sales trailers for a three (3) year period 1.4 Site Area: 2 .443 hectares (6. 04 acres) 2 REPORT NO. : PD-215-92 PAGE 2 2. LOCATION 2 . 1 The 2 .443 hectare (6. 04 acre) property is located on the southwest corner of Highway #2 and Durham Regional Road #57 . A church is located west of the site while West Bowmanville Holdings Ltd. has a large mixed use application south of the C.P. Rail line which abuts the southern boundary of the site. In legal terms, this property is referred to as Part Lot 15, Concession 2 in the former Township of Darlington. 3. BACKGROUND 3 . 1 On May 14, 1992, Ghods Builders Inc. submitted an application to the Town of Newcastle to amend the Town's Comprehensive Zoning By-Law 84-63 for the afore-mentioned property. The purpose of the application is to change the present "Agricultural (A) " zoning to an appropriate zoning which would permit the development of an 81.7 m sales pavilion comprising four separate new home trailers on the site. This proposed use is temporary in nature and could have a maximum lifespan of three years from the approval date of the zoning by-law. Once this period has elapsed, application can be made for an extension for another three (3) years. 4. EXISTING AND SURROUNDING USES 4 . 1 Existing Uses: Residential and Town of Newcastle Parks and Cemetery Works Depot 4 .2 Surrounding Uses: East: Durham Regional Road #57, vacant lands and residential North: Highway #2 and Bowmanville arena complex West: Church and vacant lands South: C.P. Rail line and future residential . . . 3 / J 1 K REPORT NO. : PD- 215-92 PAGE 3 5. OFFICIAL PLAN POLICIES 5. 1 Within the existing 1976 Durham Region Official Plans, the subject lands are located within the Bowmanville Major Urban Area and are designated as "Residential Areas" . Lands so designated shall predominantly be used for housing purposes which may include group homes. In addition, other categories of uses may be permitted including: • certain home occupation and convenience stores which are compatible with their surroundings, certain public and recreational uses, and community uses such as day care centres, nursing homes, old age homes, schools and parks; • Local Central Areas, in accordance with Section 8. 2, and industrial uses which are not obnoxious in nature; and, • limited office development and limited retail and personal service space. 5. 2 The 1991 Durham Regional Official Plan as adopted by Regional Council has designated the subject site as "Living Areas" . The lands shall be predominantly used for residential uses. Provided they are compatible with the surrounding residential uses, certain home occupations, convenience stores, certain public recreational uses and limited office and commercial development may be permitted. Some Employment Area uses as well as special purpose commercial uses may also be allowed. 5. 3 The Town of Newcastle Official Plan designates the lands as "Low Density Residential" within the Bowmanville Major Urban Area. Residential dwellings shall be the predominant use . . .4 F (16 REPORT NO. : PD-215 -92 PAGE 4 within this area. However, additional uses such as certain home occupations, public recreational and community uses and convenience commercial facilities serving the day to day needs of residents are permitted. 5.4 This application is being submitted under Section 39 of the Planning Act, R.S.O. 1990, whereby the use may exist for a maximum period not exceeding three years from the date the necessary by-law receives Council approved. The Town of Newcastle Official Plan under Section 2 . 1. 3 permits Council to approve such a Temporary Use by-law subject to the following conditions: • the temporary use is compatible with surrounding uses; • highly productive agricultural soils are not impacted; and, • municipal services are provided on the site subject to the satisfaction of the Town and the Region. Although the various Official Plan documents do not specifically list the proposed use, this temporary proposal represents a succession of land uses which does not appear to offend the Official Plan policies. In addition, the proposal does not deleteriously impact adjacent land uses nor does it impact prime agricultural lands. 6. ZONING BY-LAW COMPLIANCE 6. 1 The subject lands are currently zoned "Agricultural (A) " by the Town of Newcastle Comprehensive Zoning By-Law 84-63 . Although Section 3 . 22 relating to "Special Uses Permitted" allows a building or structure incidental to the . . .5 I. ( f ' 7 X206 REPORT NO. : PD- 215-92 PAGE 5 construction on any site to be erected, these sales trailers relate to development occurring in other portions of Bowmanville. As a result, a rezoning for this property will be required. 7. PUBLIC NOTICE AND SUBMISSION 7. 1 Pursuant to Council's resolution of July 26, 1982 and requirements of the Planning Act, R.S.O. 1990, the appropriate signage acknowledging the application was erected on the subject lands. The required notice was mailed to each landowner within the prescribed distance. 7.2 As of the writing of this report, no written submissions or counter inquiries have been received. 8. AGENCY COMMENTS 8. 1 The application was circulated to solicit comments from other relevant agencies. 8.2 Comments indicating no objections have been received from the following agencies: Town of Newcastle By-Law Department Town of Newcastle Community Services Department Central Lake Ontario Conservation Authority Durham Region Planning/Public Works Departments Durham Region Health Department Ministry of Agriculture and Food Ministry of Natural Resources Ontario Hydro 8 . 3 The following agencies have no objections to the proposal provided that the comments/concerns are addressed by the applicant. . . . 6 '1207 REPORT NO. : PD-215 -92 PAGE 6 • The Town of Newcastle Public Works Department has requested that the applicant address the following requirements: 1. that off-site storm run-off does not negatively impact the adjacent property; 2 . that all works and services will be designed and constructed to the Town's Design Criteria; 3 . that the applicant grant any easements required by the Town free and clear of encumbrances to the Town's solicitor; 4 . that the applicant meet all financial and other requirements imposed by the Public Works Department; 5. that the applicant enter into a development agreement with the Town which includes the Public Works Department engineering and construction requirements; and, 6. that the applicant's engineer prepare a lot grading and drainage plan detailing the on-site drainage system and conveyance of overland flows from this site. The applicant is currently addressing these requirements which will be incorporated in the Site Plan Agreement. • The Town of Newcastle Building Department requires that building permits be issued prior to construction. . . .7 �! 9 s2 REPORT NO. : PD-215 -92 PAGE 7 • The Town of Newcastle Fire Department requires that fire extinguishers in accordance with the Ontario Fire Code be installed in each trailer. • C.P. Rail has reviewed the application and requests the imposition of the following conditions: 1. that alterations to the existing drainage pattern affecting Railway property be substantiated in a report and reviewed to the Railway's satisfaction; 2 . that the installation of any utilities under or over Railway property be covered by the Railway's standard agreement; and' 3 . that a 1.83 metre high chain link fence be constructed and maintained along the common property line of the Railway and the development at the developer's expense. This requirement should also registered on the property deed. The applicant is also addressing these requirements which will be included in the Site Plan Agreement. • Consumers Gas has indicated that they have an easement interest affecting the lands along the former Highway #2 right-of-way. If the construction of any works are to take place adjacent to the pipeline, the facilities should be staked out by the utility's Whitby office. 8.4 The Durham Region Public Works Department does not object to the use of the existing access to Regional Road #57. . . .8 1 -2 9 REPORT NO. : PD-215-92 PAGE 8 9. STAFF COMMENTS AND CONCLUSIONS 9. 1 In consideration of the comments contained in this report, approval of the rezoning application would be appropriate. Once the applicant has entered into a site plan agreement with the Town, the amending by-law will be forwarded to Council for passage. The amending by-law will permit the proposed use for a maximum lifespan of three years from the date of passing of the by-law. Any extension(s) would require the subsequent approval of Council. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I.P. Lawrence E. Kotseff Director of Planning Chief Administrative and Development Officer 1 RH*FW*jip *Attach Interested parties to be notified of Council and Committee's decision: Ghods Builders Inc. Pound Stewart Stein 3293 Bayview Avenue 175 West Beaver Creek Road Suite 300 Unit 26 Willowdale, Ontario Richmond Hill, Ontario M2M 4J5 L4B 3M1 At �n J ►ris Attn: Mr. Christian Fisker r ® SUBJECT SITE LOT 16 LOT 15 LOT 14 --EXENS RE - i EP A-13 I HIGHWHIGH �� : A-13 A-37 C1 ? i A & � R 1 1 a _ w NPp�PN (H) R1 1 � @ < > > (H) 0 V 1 FA A t w O 44 H)R4 R 3 H)R2 o V H) � & 1 cz t oOR 3 (H)RI R H)R R i R2- ` Ri R (H)R2 R1 ` R AIYN EP RI H)R1 A c W 1 \ KEY M A P 50 m °° 2°° 300 m Dev. 92-026 ! 2AZ J2 � o N W � L5 as v+,�xxz CL 00 Wo25oo ° ° e % o � m o ;°;^ , oE E� r, 4 ]may 0,4 x 4 n All Pru Z � YY �I Z Y ^ r ,6- o09 oLp ��j �c lit fitooy o67 � p0 u d • 1i ( ,,, 3r � q �{ Oi 0 �i "Qu 3 OJ