HomeMy WebLinkAboutPD-34-90 TOWN OF NEWCASTLE
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PUBLIC MEETING
MEUING: General Purpose and Administration Committee
DATE: January 22, 1990
REPORT #: PD-34-90 FILE #: DEV 189-137
SLBJECT: REZONING TO IMPLEMENT TEMPORARY ZONING BY-LAW FOR FOUR
SALES TRAILERS
APPLICANT: L. CICCOTELLI (FRAM CONSTRUCTION)
PART LOT 14, CONCESSION 11 BOWMANVILLE
FILE: DEV 89-137
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RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-34-90 be received;
2 . THAT Rezoning Application DEV 89-137 submitted by L.
Ciccotelli on behalf of Fram Construction to permit the
placement of four temporary 'sales trailers, be approved;
3 . THAT the amending By-law be forwarded to Council at such time
the applicant has entered into a Site Plan Agreement with the
Town of Newcastle;
4 . THAT a copy of this report and the amending by-law be
forwarded to the Region of D rham Planning Department;
5 . THAT the amending by-law be circulated in accordance with
regulations made under the Planning Act;
6 . THAT any delegation and those persons listed in this report
be advised of Council's decision.
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1. BACKGROUND
1. 1 On December 7th, 1989, the Planning and Development Department
received an application submitted by L. Ciccotelli on behalf
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REPORT NO. : PD-34-90 PAGE. .2
of Fram Construction, requesting the approval of a Rezoning
Amendment on lands owned in Part Lot 14, Concession 1,
Bowmanville, under the provision of Section 38 within the
Planning Act and use of a Temporary Use By-law.
1.2 Staff would also note that the applicant has applied for Site
Plan Approval on the subject property.
2. EXISTING AND SURROUND USES
2 . 1 Existing Use: Vacant Land
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2 .2 Surrounding Uses : East - C.P.R. and Residential
West - Regional Road 57 and Rural
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Residential
South - Residential and C.P.R.
North - Church and Estate Residential
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3. OFFICIAL PLAN POLICIES
3 . 1 Within the Durham Regional Official Plan, the subject property
is designated as residential. This designation provides for
suitable areas for residential uses as part of an orderly and
desirable land use pattern, as well as providing for urban
design innovations commensurate with a safe, healthy and
stimulating environment. Thelproposal of four temporary sales
trailers would not appear to offend the intent of the Official
Plan Policies .
3.2 Within the Town of Newcastle Official Plan the subject
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property is designated as Minor Open Space within the Major
Urban Area of Bowmanville. Minor Open Space areas are intended
to preserve wherever possible, unique or important elements
of the natural environment having local significance; and may
include wood lots, hazard lands and minor watercourses . The
subject property in question would not appear to have any
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D' - 9
REPORT NO. : PD-34-90 PAGE. . . 3
unique or important elements of any significance. Staff would
note that the proposal of foulr sales trailers is temporary and
not permanent. It is Staffs opinion that the application
would not appear to offend the intent of the Official Plan
Policies and eventual development of the lands.
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 applicati n was installed on the subject
lands .
5. CURRENT ZONING
5 . 1 Within the Town of Newcastle Comprehensive Zoning By-law 84-
63, as amended,- the subject property is zoned "Agricultural
(A) " . Within Section 3 .22, under Special Uses Permitted, a
building or structure incidental to construction is permitted
in all zones within the Town on the lot where it is situated
or where the work is in pll in ogress . Inasmuch as the sales
trailers are for developments n north Bowmanville, a rezoning
of the subject property is necessary.
6. COMMENTS FROM AGENCIES
6 . 1 In accordance with Departmental procedures, the application
was circulated to obtain comments from other departments and
agencies . Staff would note tl e following department/agencies,
in providing comments, offered no objection to the application
as filed.
- Town of Newcastle ire Department
6 .2 The Town of Newcastle Public Works Department offered no
objection to the rezoning provided the applicant enter into
a Site Plan Agreement with the Town. Public Works Staff,
however, are concerned withithe location of the proposed
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REPORT NO. : PD-34-90 PAGE. . .4
entrance into the subject property with respect to the merge
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lane off of Regional Road 57 as it feeds east onto Highway
No.2 . A field investigation revealed that the proposed
entrance must be relocated to be at least 180 metres (590 .6
feet) east of the west property line.
Public Works Department also require that no watercourses be
altered or adversely effected as a result of the proposal and
that the applicant bear the costs ( 100%) of any works on
Highway 2 which are necessitated as a result of this
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development. Staff would note that should the application be
approved, the concerns of the Works Department would be
incorporated into the Site Plan Agreement.
6 .4 The Regional Health Department has no objection to the
proposal, provided an application for sewage disposal is made.
6 .5 Staff would note for the Co ittee's information, at the time
of writing of this report, comments from the Ministry of
Transportation and C.P. Rail. remain outstanding.
7. STAFF COMMENTS
7 . 1 The proposed rezoning would permit the four temporary sales
trailers to be located on the subject lands and used for pre-
sales of the Draft Plans of Subdivision for north Bowmanville
recently approved by Council ': The applicant wishes to use the
lands in question in light of its increased visability to the
public at large.
7 .2 It is Staff's opinion that inasmuch as the proposal is
temporary and would appear to have no significant impact on
the surrounding land uses, Staff would recommend that the
application for Temporary Use of the property for sales
trailers be approved and the! actual by-law will be forwarded
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REPORT NO. : PD-34-90 PAGE. . 4
to Council for approval at such time the applicant has entered
into a Site Plan Agreement with the Town.
7 . 3 For Council's information, t duration of a Temporary Use By-
law can only last up to a maximum of 3 years pursuant to the
provisions of the Planning Act .
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C. I.P. La renc Kotseff
DIrector of Planning Chief Administrative
and Development Officer
*MP*FW*df
15 January 1990
LIST OF PERSONS TO BE NOTIFIED OF ICOMMITTEE AND COUNCIL'S DECISION
L. Ciccotelli (Fram Construction)
220 Huberline Drive,
Rexdale, Ontario.
M9W 5Y4
SUBJECT SITE
LOT 15 LOT 14 LOT 13
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