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Home My WebLink AboutPD-1-89 Addendum DN: 24 5 (f) TOWN OF NEWCASTLE REPORT File # X0. 3,- - y7(, Res. # '� By-Law # MEETING: General Purpose and Administration Committee DATE: MONDAY FEBRUARY 6, 1989 REPORT #: ADDENDUM TO PD-1-89 FILE #: DEV 88-100 SUBJECT: REZONING APPLICATION - MEL AND ROSE MARY HARTWIG PART LOT 27, CONCESSION 5, FORMER TOWNSHIP OF CLARKE OUR FILE: DEV 88-100 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Addendum to Report PD-1-89 be received; and 2. THAT Report PD-1-89 be lifted from the table; and 3. THAT the recommendation contained in Report PD-1-89 be approved. 1. BACKGROUND 1.1 On January 9, 1989 Committee considered Staff Report PD-1-89 (copy attached) in consideration of an application for rezoning submitted by Mel and Rose Mary Hartwig, to permit the parking of excavating equipment on lands currently zoned as "Urban Residential Exception (R1-13)" and "Environmental Protection (EP)". The subject lands currently support the applicants' residence, in which they wish to include some office facilities. 2. . . ADDENDUM TO REPORT PD-I-89 PAGE 2 _______________________________________________________________________________ 1.2 Report PD-I-89 was tabled for a period of one month to allow the applicant an opportunity to have legal representation present. In addition, to allow the Qauacaoka Region Conservation Authority to provide nonnneoto, given the nature of the proposal and its proximity to lands recognized in the Authority's fluodplaiu mapping, also the area delineated as xEPo in By-law 84-63. 1.3 Staff have obtained both written and verbal response from the Oauaraaka Conservation Authority which offered no objection to the proposal in principal. However, if the lands below the top of bank are to be considered for the development, appropriate approvals from the Authority will be required. 1.4 The Region of Durham Planning Department have noted that the subject lands are designated as "Hamlet" in the Durham Regional Official Plan. Within the Plan, Section 10.4.1.1 states that predominant land use in Hamlets shall be for residential development. Limited commercial and industrial development is permitted within the Hamlet. The Regional Planning Staff have also noted that the proposed use moat be compatible with the existing land oaea in the area. 1.5 The Region of Durham Works Department offered no objection, however, noted that the existing entrance must be upgraded to accommodate the weight of heavy equipment in accordance with Regional Policies. 2. COMMENTS 2.1 The above-noted information is provided in addition to the comments contained in Report PD-1-89. In consideration of the official Plan policies and all the information we have to date, Staff is of the opinion that the proposed rezoning is incompatible with the surrounding residential uses and respectfully recommend this application be DENIED. � ADDENDUM TO REPORT PD-1-89 PAGE 3 ------------------------------------------------------------------------------- Respectfully submitted, Recommended for presentation to tb COxnmittae !Chief _________________ Fcouklin Wo, y�.C.I.P. eo Kotoeff Dicector ot Plaouiug & Developmeut A]midiotrative officer CRV*FW*cc *Attach. January 37, 1989 CC: Mc. 6 Mrs. L. Sherwin 5989 Main Street North OR00O, Ontario LOB IMO Mr. 6 Mrs. Leonard Guy R.R. # 3 0RO00' Ontario LOB 1M0 Mr. 6 Mrs. M. Hartwig D.B. # 2 OBO00, Ontario LOB lMO Mr. & Mrs. F. QuautcilI R.R. # % OBON0, Ontario LOB lMD i �6 0 ♦ 590 x 634• X Q o l : x 0 t r y I x X 580 � s TANKO t x / P RUI t i { t t X S 5 r i t � „,600 N MAIN ST_ REGIONAL ROAD I? N r�.a�r rr��r��—�+��.��r�r�r�r•�rr r�rr� r'w�v C'_2 22 ... a N . O 00 n ;o N 1 � N � N co V� r r r�.. r�►- r - H D �� N Y C3-4 1rSS1,7m.m_rtr�rrrMmrmm�sis.tttti.m�rt� ti�l��i��u%w`�� w � �+'��%i%�Ti��r�u�rT��uuuTi�iui7T r u uru.0 uruuruuurrrr rr �_"� �� CONCESSION 5 DN: 1 TOWN OF NEWCASTLE - ' REPORT File # Res. # By-law # NUING: General Purpose and Administration Committee DATE: MONDAY JANUARY 9, 1989 REPORT #: PD-1-89 FILE #: DEV 88-100 SUBJECT: REZONING APPLICATION - MEL AND ROSE MARY HAR`IWIG PART LOT 28, CONCESSION 5, FORMER TOWNSHIP OF CLARKE ,OUR FILE: DEV 88-100 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-1-89 be received; and 2. THAT the rezoning application submitted by Mel and Rose Mary Hartwig, to permit the parking of five (5) pieces of excavating equipment, and office facilities, be DENIED; and 3. THAT the applicants, Mr. and Mrs. L. Guy, Mr. and Mrs. L. Sherwin, and Mr. F. Quantrill be so advised. 1. BACKGROUND 1.1 On September 14th., 1988, the Planning and Development Department received an application submitted by Mel and Rose Mary Hartwig, to amend By-law 84-63. The subject application would seek to permit the parking of excavating equipment being two (2) dump trucks, one single axle truck, a tractor and float. In addition, the applicants wish to include office facilities within the home. 2... REPORT NO.: PD-1-89 PAGE 2 ------------------------------------------------------------------------------- 1.2 Staff would note that the subject property is currently zoned "Urban Residential Exception (R1-13)" zone and "Environmental Protection (EP) " zone by By-law 84-63. The primary use of lands zoned (R1-13) are for residential purposes and accessary uses thereto are also permitted. The lands zoned "(EP)" prohibits residential uses. 1.3 Staff would note for the Committee's information that the applicant had submitted a similar proposal in October, 1987 in conjunction with two (2) abutting neighbours, who also parked commercial vehicles. The applications were submitted as a result of contravention of Section 3.14(f) of the General Provisions of By-law 84-63. Section 3.14(f) states that the parking or storage of Commercial Motor Vehicles, as defined under the Highway Traffic Act, as amended, is permitted provided that the gross vehicle weight, at capacity does not exceed four (4) tonnes. Staff could not support the applications as filed and subsequently was denied by Council January 1988. 2. LOCATION The subject property is located on the east side of Mill Street (Regional Road 17) and south of Taunton Road (Regional Road 4) , being within the limits of the Hamlet of Orono, part lot 28, Concession 5, former Township of Clarke. 3. SURROUNDING LAND USES 3.1 The lands to the north, east and south are predominantly residential uses on lots approximately one (1) acre in size. The lands directly to the west are vacant, however designated and zoned for residential use. . ..3 REPORT NO.: PD-1-89 PAGE 3 ----------------------------------------------------------------------------- 4. PUBLIC NOTICE 4.1 Staff would note for the Committee's information that, pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage acknowledging the appliation was installed on the subject lands. In addition, Staff would note that the public notices were also mailed out to those residents within the prescribed distance. However, it has been brought to Staff's attention that there is an error in the notice. The existing zoning category is incorrect, noting that the notice indicates the property is currently (R1-2) , however it is zoned (R1-13) . The difference between these zones is the difference in lot size. The provisions of the Residential category are still the same for each zone. 4.2 As a result of the notice of Public Meeting, Staff and members of Committee have received two letters of objection from five area residents. Briefly, they object the heavy trucks and hauling equipments in the area where they reside, in addition to the noise, property devaluation and risk that is posed to the small children- of young families. 5 CIRCULATION 5.1 In accordance with departmental procudures, the application was circulated to obtain convents from other departments and agencies, Staff would note the following departments/agencies, in providing comments offered no objections to the application as filed. Town of Newcastle Fire Department Ministry of Natural Resources Regional Health Department Ministry of Agriculture and Food 4. .. REPORT NO. : PD-1-88 PAGE 4 ------------------------------------------------------------------------------- 5.2 The Town of Newcastle Public Works Department offered no objection to the proposal, however requested the applicant enter into a Site Plan Agreement with the Town and all the standard requirements be included. 5.3 Staff would note for the Committee's information that comments are still outstanding from the following departments/agencies. Regional Planning Department Regional Works Department Ganaraska Conservation Authority 6 COMMENTS 6.1 Staff have reviewed the proposal with respect to the policies and provisions in the 'Durham Regional Official Plan, Town of Newcastle Official Plan, and the provisions of the Town's Zoning By-law, and have noted that within each of these documents, residential uses shall be the principle use on subject lands. The documents also make provisions for accessory uses to the primary residential use. The Durham Regional Official Plan specifies that accessory uses may be permitted provided it is accessory to the existing residential use. The Town of Newcastle Zoning By-law defines an accessory use, as a use established during or after the establishment of the main use which is customarily incidental and subordinate exclusively devoted to the main use of the lot. Given this, Staff believes that the parking of five pieces of excavating equipment is contrary to the provisions and definition of the Durham Regional Official Plan and Zoning By-law. 6.2 The appliants have noted on the application that the use has been considered a home occupation. Staff would note Section 3.101 permits a home occupation provided the home occupation is clearly secondary to the main residential use and shall not change the character of the dwelling unit or create or become a public nuisance due to traffic, noise and hours of operation. In addition, there shall be no outdoor storage of goods or materials associated with the home occupational use. Furthermore, the Town of Newcastle Official 5.... REPORT NO.: PD-1-89 ( PAGE 5 ------------------------------------------------------------------------------- Plan notes that a home occupation which do not create a nuisance through noise, smell, unsightly storage or traffic, may be permitted. Staff is of the opinion that this application cannot be considered as a home occupation. 6.3 The current application is similar to the one previous submitted and denied by Council: Staff feel that applications such as this can be construed as abuse of process and we will be recommending to Council not to entertain such future applications. 7. RECOMMENDATION 7.1 In consideration of the above-noted, Staff is of the opinion that these Official Plan policies are important in maintaining the integrity of a residential neighbourhood. The intrusion of this type of a use can jeoprodize the qualities enjoyed by residential uses. Given this, Staff cannot support the rezoning application. Respectfully submitted, Recommended for presentation to the Committee -------------------------- ----------------------------- Franklin Wu, M.C.I.P. Lawrence E. Kotseff Director of Planning & Development Chief Administrative Officer CRV*FW*cc *Attach. December 23, 1988 CC: Mr. and Mrs. M. Hartwig, R.R. # 2 ORONO, Ontario LOB 1M0 Mr. & Mrs. Len Guy 5809 Main Street North ORONO, Ontario LOB 1M0 Mr. F. Quantrill 5995 Main Street North R.R. # 2, ORONO, Ontario LOB 1M0 Mr. & Mrs. L. Sherwin 5989 Main Street North ORONO, Ontario LOB 1M0