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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 LIC lM5 ou��N S1 pRDpDsro. AGGESS MH Cp v r 14�Ol5ETZ�'y{— ��-' S"�YIIT. 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