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HomeMy WebLinkAboutPD-94-90 TOWN OF NEWCASTLE REPORT File # 6,o Res. # 46 � By-Law # -- — - PUBLIC MEETING (STING: General Purpose and Administration Committee DATE: March 19, 1990 REPORT #: PD- 94 -90 FILE #: DEV 89-144 WBJECT: REZONING APPLICATION - PART LOT 31, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON HARMAX INVESTMENTS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 94 -90 be received; 2 . THAT application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Wyndland Consultants Limited on behalf of Harmax Investments Limited be referred back to Staff for further processing and the preparation of a subsequent report upon 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: Wyndland Consultants Limited 1.2 Owner: Harmax Investments Limited 1. 3 Rezoning: From: "Neighbourhood Commercial (C2) " To: permit a commercial use which does not include an "eating establishment" as requested by the Ministry of the Environment as a condition of Draft approval of Plan of Subdivision ( 18T-77041) . . . .2 REPORT NO. : PD- 94-90 PAGE 2 1.4 Area: 0 .26 ha (0 .509 acres) 2. LOCATION 2 . 1 The subject property is situated within Part Lot 31, Concession 3, former Township of Darlington. This parcel is further defined as being Block 72 on Plan IOM-823 and 171 George Reynolds Drive. 3. BACKGROUND 3. 1 This application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, was submitted on December 21, 1989 . The purpose of this amendment is to comply with a Ministerial condition of draft plan approval for subdivision 18T-77041. This condition required the zoning to be changed on Block 72 of Plan IOM-823 to not permit any eating establishments take-out food businesses, or similar uses on this particular parcel of land. 4. EXISTING AND SURROUNDING USES 4 . 1 Existing Uses: Vacant 4 .2 Surrounding Uses: proposed plan of subdivision 18T-89035 West - single family units in approved plan of subdivision 18T-77041 South - open space block in approved plan of subdivision 18T-77041, and existing semi- detached residential units North - single family units in approved plan of subdivision 18T-77041 5. OFFICIAL PLAN POLICIES 5 . 1 According to the Town of Newcastle Official Plan, the subject property is designated "Residential" with an indication of . . .3 REPORT NO. : PD- 94 -90 PAGE 3 "Hazard Lands" . Section 7 .2 . 1.2 ii) d) of the Town of Newcastle Official Plan states that convenience commercial facilities which service the day-to-day needs of the residents may be permitted in residential areas . 6. ZONING BY-LAW 6 . 1 The subject parcel is presently zoned "Neighbourhood Commercial (C2) " . This zone permits eating establishments and take-out restaurants . 6 .2 The applicant has requested to amend the zoning by-law in order to comply with a condition of draft plan approval as requested by the Minister of Municipal Affairs . This condition of approval was that the zoning of the subject property be amended in such a way that an eating establishment and/or take-out restaurant would not be permitted to locate on the parcel of land. It should be noted that any other commercial uses permitted in the 11C2" zone may be incorporated in a commercial development proposed for this property, provided that all applicable provisions of the Zoning By-law are complied with. 7. PUBLIC MEETING AND SUBMISSIONS 7 . 1 Pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act the appropriate signage acknowledging the application was installed on the subject lands . In addition, the appropriate notice was mailed to each landowner within the prescribed distance. As of the writing of this report, no written submissions have been received and no counter inquiries have been made. . . .4 REPORT NO. : PD- 94 -90 PAGE 4 8. AGENCY COMMENTS 8 . 1. In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies . The following departments/agencies in providing comments, offered no objection to the application as filed: Town of Newcastle Fire Department Town of Newcastle Community Services Department Durham Region Health Department The Town of Newcastle Public Works Department had no objection to the rezoning, however, it was noted that comments would be provided upon submission of a site plan application. 9. CONCLUSION As the purpose of this report is to satisfy the requirement for a public meeting under the Planning Act, and in consideration of the agency comments outstanding, it is recommended that the application be referred back to Staff for further processing. Respectfully submitted, Recommended for presentation to the Committee f J i Franklin Wu, M.C.I.P. nce Kotseff Director of Planning Chief A i istrative and Development Officer HM*df *Attach 14 February 1990 . . .5 REPORT NO. : PD- 94 -90 PAGE 5 Interested parties to be notified of Council and Committee's decision: Harmax Investments Ltd. 39 Pleasant Blvd. Toronto, Ontario. M4T 1K2 Wyndland Consultants Limited 5 Lavington Drive, Suite 7, Weston, Ontario. M9R 2H1 r f � • • 4w a _lop rm r� V _ � •