HomeMy WebLinkAboutPD-32-89 DN: 23 5 (d)
TOWN OF NEWCASTLE
Yu -' REPORT File # �'C-
Res. �t -
_+_ By-Law
MEETING: General Purpose and Administration Committee
DATE: MONDAY, FEBRUARY 6, 1989
REPORT #: PD-32-89 FILE #: DEV 88-119
SUBJECT: REZONING APPLICATION - GOODYEAR CANADA
PART LOT 8, CONCESSION 1, FORMER TOWN OF BOWMANVILLE
OUR FILE: DEV 88-119
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-32-89 be received; and
2. THAT the rezoning application submitted by Goodyear Canada, to permit
the widening and upgrading of Devitt's Lane for access into the Goodyear
Plant be referred back to Staff to allow the applicants to meet with
the Directors of Planning and Development and Public Works; and
3. THAT the applicant be so advised.
1. BACKGROUND
1.1 On November 9, 1989, the Planning and Development Department received
an application submitted by Mr. Angelo Centofanti on behalf of
Goodyear Canada Inc. to amend By-law 84-63. The application would
seek to amend the present "Urban Residential Type One (Rl)" zone, to
an appropriate zone to permit widening of Devitt's Lane. The subject
lands presently support one single family dwelling and accessory
building, both are vacant. The applicant wishes to demolish the
buildings, thereby creating enough area for a road widening and
landscaped area, which will be used as an access to the Goodyear plant.
2. . .
REPORT 00. : PD-32-89 PAGE 2
_______________________________________________________________________________
1.2 9zeaeotIv, Devitt`o Lane is approximately 8.3 m (27 ft.) wide and is
owned and maintained by the municipality. Goodyear proposed to add the
subject property (46 feet wide by 164 feet deep) to Devitt`a lane which
will be 73 feet wide.
1.3 The applicant proposed an area 9.Im ( 30 ft.) wide by the IemJtb of
Devltt`o Lane approximately 49.38 m (164 ft.) for landscaping purposes.
The remaining width will be used for vehicle aoueao into the Goodyear
Plant.
1.4 The applicant intends to maintain ownership of the lands currently
under consideration being 46 ft. by 164 ft. in area, thereby
requesting joint ovmzersbiD and maintenance of Devitt'o Lane. (see
attached)
2. SURROUNDING LAND USE
2.1 The subject lands are located on the west side of Devitt's Lane, south
side of Queen Street, municipally known as 83 Queen Street, within the
BovmaovilIe Urban Area. The existing loud uses adjacent to the
proposed development are:
To the east, north and west: single family dwellings
To the south: parking for Goodyear as well as the plant itself
In addition, Staff have noted that an access is existing to a residence
on the east of Devitt's Lane. It would appear that access has existed
for the past 30 years.
3. PUBLIC NOTICE
3.1 Pursuant to Council's resolution of July 26, 1982 and the requirements
of the Planning Act' the appropriate oiguage acknowledging the
application was installed on the subject Iam]a.
3.2 As a result of the notice Dzooeao' resident at 85 Queen 3t. has
expressed concerned about the safety measures to be taken upon the
reconstruction of Devitt`o Lane.
REPORT 0O. : PD-32-89 PAGE 3
_______________________________________________________________________________
4. CIRCULATION
4.1 In aonozdeooe with departmental procedures, the application was
circulated to obtain comments from other departments and agencies.
Staff would note the following departments/agencies, in providing
comments, offered no objection to the applications as filed:
Town of Newcastle Fire Department
Regional Health Department
Ministry of Natural Resources
4.2 The Town of Newcastle Public Works Department offered no objection to
the widening in principal however, the question of ownership of the
000eao is of some concern which is elaborated further on in this
report.
4.3 The Region of Durham Planning Department offered no objection provided
the onoiog by-law will permit only the landscaping and parkland uses
that are associated with the proposed ncoeaa road improvements.
5. COMMENTS
5.1 Staff have reviewed the proposal in conjunction with the Public WVcbe
Department and have noted a number of oouoerun with the proposal as
submitted. The question of joint ownership of Devitt'u Lane is,
perhaps, the most important issue. The responsibility in terms of
maintenance and upgrading would have to be incumbent on both parties
involved and obviously, an agreement between both parties is
necessary. However, upgrading, maintenance etc. is not the only
issues to be addressed in an agreement. There are legal implications,
such as safety, insurance, liabilities etc. which must also be
addressed.
REPORT 0O. : pD-32-89 PAGE 4
_______________________________________________________________________________
5.2 In that regard Staff, of both departments can only envision two (X)
options available for Goodyear, if they wish to proceed with a new
access.
OPTION I
That Devitt'o Lane be ca000atcooted to a minimum of 66 feet
municipal atmudncdo and be dedicated as public road, therefore
any maintenance, liability matters etc., remain the responsibility
of the municipality.
OPTION II
That the lands currently owned by Goodyear and subject to this
rezoning are to be ooueLconted as a private access. The cost,
maintenance and liabilities are incumbent on Goodyear. In
addition, Devitt`a Lane would be closed and conveyed as per the
requirements of the Municipal Act. A right-of-way is to be
provided to the residential property to the east of Devitt/o Lane.
If this option is chosen, it would appear that adequate screening,
landscaping and fencing would have to be provided to offset the
requirements of the Zoning By-law which requires the minimum
separation distance between the private entrance and abutting
residential lot at 7.5 metres.
5.3 Staff have discussed the above options with the solicitor for
Goodyear and it appears at this time the applicant is not prepared to
accept either one of the above options. Staff intend to continue
dialogue with Goodyear to find o solution that would be acceptable to
both parties.
6. RECOMMENDATIONS
6.1 In as moob as this report is prepared for the purpose of facilitating
a Public Meeting in accordance with the Planning Act requirements,
Staff would recommend that the application be referred back to staff,
to allow the applicants to meet with the Directors of Planning and
Development and Public Works.
REPORT 00. : PD-32-89 PAGE 5
_______________________________________________________________________________
Respectfully submitted, Recommended for presentation
to the Committee
`
-------------------------- ---------- - ---------------
Franklin Wu, �Y.C.Z.P. Lawzeuoe E� taeff
Director of gIauoiog 6 Development Chief A�niuih�zative Officer
IW*on
*Attach.
,January 26, 1989
CC: Angelo Ceotofauti
c/o Goodyear Canada Inc.
45 Rayuea Ave. ,
BO#MA0VILLE, Ontario
LIC lJ3
Beverly Ferguson
85 Queen Street
BOWMA8VZLLE, Ontario
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