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Home My WebLink AboutPD-91-92 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: MACLEAN.GPA REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File# I-) D t°,4 A Re Date: Tuesday, April 21, 1992 s. # By-Law# Report#:_PD_g1___92_ File#: ---DEAV-9-2-017 Subject: ZONING AMENDMENT APPLICATION PART LOT 31, CONCESSION 4, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 92-017 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-91-92 be received; 2 . THAT the application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63 , as amended, submitted by Bryan MacLean, be referred back to staff for further processing and the preparation of a subsequent report pending the receipt of all outstanding comments; and 3 . THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Applicant: Bryan MacLean 1. 2 Zoning Amendment: From Residential Hamlet to an appropriate zone or zones in order to permit the establishment of a retail carpet outlet in addition to the existing single family dwelling. . 1. 3 Area: . 69 hectare (1.7 acres) REPORT NO. : PD-91-92 PAGE 2 2. BACKGROUND 2 . 1 On February 28 , 1992 , the Town of Newcastle Planning and Development Department received an application, submitted by Bryan MacLean to amend the Town of Newcastle Comprehensive Zoning By- law 84-63 in order to permit the establishment of a retail carpet outlet in addition to the existing single family dwelling. 2 . 2 The lands subject to the application are an irregular shaped parcel approximately . 69 hectares (1. 7 acres) in size and is located on the south side of Taunton Road approximately 50 metres (164 feet) west of Trull's Road but is more formally described as Part Lot 31, Concession 4 , in the former Township of Darlington. 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 was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within the prescribed distance. 3 . 2 As of the writing of this report, no written submissions have been received. However, staff have received numerous telephone inquiries from area residents who expressed concern over the proposal. 4. OFFICIAL PLAN CONFORMITY 4 . 1 Within the existing and recommended Durham Regional Official Plan, the subject property is designated as Permanent Agricultural Reserve with an overlying Hamlet symbol. Both the existing and recommended Regional Official Plan would permit limited commercial uses and therefore, the application appears to conform with both the existing and recommended Regional Official Plan. 4 . 2 Section 9 of the Town of Newcastle Official Plan has established policies for the development of Hamlets. Section 9. 3 (iv) states that commercial and industrial uses shall not be permitted in Hamlets for which a Secondaryii Plan has not been approved. A Hamlet REPORT NO. : PD-91-92 PAGE 3 Secondary Plan has not, as yet, been prepared for Mitchell Corner's. Therefore, it would appear that the application does not conform with the Town of Newcastle Official Plan. Nevertheless, given the conflict between the Durham Regional Official Plan and the Town of Newcastle Official Plan, the Planning and Development Department will consult with the Regional Planning Department to receive an interpretation as to the extent of the conflict. 5. ZONING BY-LAW COMPLIANCE 5. 1 Within the Town of Newcastle Comprehensive Zoning By-law 84-63, the subject property is zoned Residential Hamlet (RH) . The only non- residential uses permitted by the Residential Hamlet (RH) zone are places of worship and cemeteries which existed at the date of passing of By-law 84-63 . Therefore, the applicant has applied to amend the zoning by-law in order to permit the establishment of a retail carpet outlet. 6. AGENCY COMMENTS 6. 1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following provides a brief synopsis of the comments received to date. 6. 2 The Community Services Department has advised that they have no objection to the application subject to the applicant providing the municipality with 2% cash-in-lieu of parkland dedication, with the funds realized being credited to the parks reserve account. 6. 3 The balance of the circulated agencies/departments which have responded are the Public Works Department, the Town of Newcastle Fire Department, the Regional Planning Department, the Regional Health Department and the Ministry of Natural Resources. None of the aforementioned agencies have provided objectionable comments with respect to the proposal. The Regional Works Department and REPORT NO. : PD-91-92 PAGE 4 the Central Lake Ontario Conservation Authority have yet to respond to the circulation. 7. STAFF COMMENTS 7 . 1 The applicant intends to rezone the subject property .in order to permit, in addition to the existing single family dwelling, a retail carpet outlet. The applicant intends to establish the retail carpet outlet in a frame garage which has recently been renovated without the benefit of a building permit. 7 . 2 In addition, as stated earlier in this report, a Hamlet Secondary Plan has not as yet been prepared for Mitchell Corners. Staff is of the opinion that the introduction of commercial uses in a hamlet prior to the preparation of a Hamlet Secondary Plan may prejudice the opportunity to prepare a comprehensive Hamlet Secondary Plan. 7 . 3 Nevertheless, as the purpose of this report is to satisfy the requirements of the Planning Act with respect to a Public Meeting, and in consideration of the comments outstanding and the issue of Official Plan conformity, it would be in order to have the application referred back to staff for further processing. 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 WM*FW*df *Attach 9 April 1992 Interested parties to be notified of Council and Committee's decision: Bryan MacLean R.R.#1 Hampton, Ontario. LOB 1J0 ® SUBJECT SITE LOT 32 LOT 31 LOT 30 to •N•N•N{NNI{NNt 1Nt Nt NN•N1tN.t 4tN.t •Nt..Nttttt�•ttt••t•••tttttttNNN•l 1 z A A I 0 A(� R C3 RH 2 .TAUNTON RD.�ttttt.ttttt.ttttt. .ROAD ALLOWANCE BETWEEN CONC 1 N 4 and 5--REGIONA TAUNTON L ROAD U TYLER ST A R O•.. o 0 RH BRADLEY BLVD. Cc 0 J (H)RH cc Z RH o W 2 Z 0 o = 08-8-8 ------------ ------- ,a MITCHELL CORNERS KEY MAP 50 m� °° 2 00 300 m Dev. 92 -017 TOPOGRAPHIC PLAN OF SLiR'/EY 64. PART OF BLOCK A REGISTERED PLAN No. 648 AND PART OF LOT 31, CONCESSION 4 TOWN OF NEWCASTLE (FORMERLY TOWNSHIP Of DlAkLINCTON COUNTY OF ONTARIO) REGIONAL MUNICIPALITY OF DURHAM SCALE 1:300 REGIONAL ROAD N, 1. 4 (TAUNTON ROAD) (ROAD ALLOWANCE BEINEENO CONCESSIONS 4 AND 5 4° H 72'07'20'E 58.22.__.._. �N 72' 07 2 E 825 J ._s••i _ °__ -— _ ..:�,.......,�i • ~- ._-._ _a_Ea: -MRES � BU91 �/y— ARC"OR �Q]Si ::�:. r-. t TREE O 0 j SS255!•! O •� 2D2'OOE R I '.,• -, A+Rw(RS 7.315 PART ' .:1 BLOCK• •A.. -- O.SE ONE STGRCY STOREY ROV � •• • t ..x • .....�. -. ADp BRICK NOMSE , LOT JJ 31. e Na s., o ME y� C1 .EU• � sA•(_.- „ELL �:..Y � eN+" .., PA 0 y . •_S I ET iTHCC _ - TREE rr' n 1 n Iws - t[: i11AUE O' *::% Two CONCESSION 4 t `R"" 6741 2 •.:.o-- 'Jf`', ao"' / ` W ,- _ _:ems 9µN -i ,✓ f— % / INST No. 16 - REGISTERED PLAN No. ,e 648 BLOCK / �df A r, �, C. E. d / py J •REF� -_ � % �A� '/ `a`�5 METRIC yh I 7 — \ j•:' n,Jy s 7y6 DISTANCES SHOW CN : -- :NHS R-• A5. 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