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Home My WebLink AboutPD-125-91 UNFINISHED BUSINESS THE CORPORATION OF THE TOWN OF NEWCASTLE DN: STEPHENS .GPA REPORT Meeting: General Purpose and Administration Committee File# Date: Monday, June 3, 1991 Res. # By-Law# Deport#:PD_-_125_-_9_1 File#: DEV 90-081 & 91-006/N Subject: REZONING AND OFFICIAL PLAN AMENDMENT APPLICATIONS TOWN OF NEWCASTLE COUNCIL ON BEHALF OF MR. STEPHENSON PART LOT 28, CONCESSION 2 FORMER TOWNSHIP OF CLARKE 106 AND 118 KING ST. EAST FILE: DEV 90-081 & 91-006/N Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-125-91 be received; 2 . THAT as per Council Resolution #C-447-90, the Town of Newcastle recommends to the Region of Durham that the Official Plan Amendment amending the Town Official Plan to redesignate that area "Commercial" as depicted on Attachment # 3, be approved; 3 . THAT as per Council Resolution #C-447-90, the Town of Newcastle approves rezoning application DEV 90-081 amending the Town of Newcastle Zoning By-law 84-63, as amended, to rezone that area to "Holding - General Commercial ( (H)Cl) " , as depicted on Attachment #3; 4 . THAT the amending by-law be passed upon Regional Council approval of the Official Plan Amendment; 5 . THAT the "H" - Holding Symbol in the amending by-law will be removed at such time the applicant has entered into a site plan agreement with the Town; 6 . THAT the Region of Durham Planning Department and those persons listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Applicant: Town of Newcastle 1.2 Owner: Mr. Lloyd Stephenson and Nancy Stephenson 1 .3 Rezoning: From "Urban Residential Type One Exception (R1- 1) to a "General Commercial (C-1) " zone. 2 PAPER E-Y-12 PR ISIS PEIRFEDM RECYCLED PAPER REPORT NO. PD-125 -91 PAGE 2 1.4 Official Plan Amendment: From "Residential" to "Main Central Area - Commercial - Residential Mix" . 1.5 Area Requiring Rezoning: 0 . 47 acre (0 . 19 ha) - 106 King St. E. 0.49 acre (0. 2 ha) - 118 King St. E. 2. LOCATION 2 . 1 The subject properties are located on the north side of Highway No. 2, east of Beaver Street and immediately abutting Newcastle Village Memorial Park. The lots can be further described as located in Part of Lot 28, Concession 2, former Township of Clarke, more specifically, 106 and 118 King St. E. 2 .2 The properties are long and narrow in shape with each property supporting a single family residence. 3. BACKGROUND 3 . 1 On June 18, 1990, Mr. Stephenson appeared before the General Purpose and Administration Committee requesting the Town's assistance to permit the development of the rear portions of his and his daughters property on King St. E. To permit the development of the said lands, Mr. Stephenson was seeking Council 's support in so far as any rezoning or Official Plan Amendment was required. 3 .2 On June 25, 1990, Council passed the following resolution: "THAT the presentation of Lloyd Stephenson be acknowledged and his request for rezoning of his daughter's and his property be referred to the Chief Administrative Officer and appropriate Staff to review and report back to the General Purpose and Administration Committee and that Mr. Lloyd Stephenson be so advised. " In consideration of the above, Staff report PD-256-90 was submitted for Committee and Council's review. Council endorsed the following resolution #GPA-620-90: . . . .3 REPORT NO. PD-125 -91 PAGE 3 "THAT the Planning Department take the necessary steps to rezone the properties owned by Mr. Lloyd Stephenson to a commercial designation in accordance with the Planning Act. " This report is in response to the above Resolution, pursuant to the provisions of the Planning Act. 4 PUBLIC NOTICE AND SUBMISSIONS 4 . 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. 4 .2 On November 5, 1990 a Public Meeting was held addressing this application. At this meeting, four (4) area residents expressed that they would like the use of the lands to remain unchanged. 4 . 3 At the Public Meeting, Mr. Bezubiak, an abutting land owner, stated that he had an interest in a portion of those lands that are subject to this application. Written correspondence to Mr. Bezubiak and his solicitor have been unanswered, and Mr. Stephenson has provided information confirming his ownership of the disputed lands . 5. EXISTING AND SURROUNDING USES 5 . 1 Existing Uses : Single family residences 5 .2 Surrounding Uses: East - Newcastle Village Memorial Park West - Single Family Residence and Gas Station South - Retail/Commercial uses North - Single Family Residences . . . .4 REPORT NO. PD-125 -91 PAGE 4 6 OFFICIAL PLAN POLICIES 6 . 1 On Schedule A-5 of the Durham Region Official Plan, the lands abutting King Street, are designated "Main Central Area" with the remainder of Mr. Stephenson's lands being designated "Residential" . Retail/commercial uses are permitted in areas designated "Main Central Areas" , and residential uses are permitted on lands designated "Residential" . 6 .2 Within the Town of Newcastle Official Plan for the Newcastle Village Small Urban Area, the south portion of the lands in question are located within the "Main Central Area" - designated "Commercial-Residential Mix" . The predominant uses permitted shall be retail, office and mixed use commercial-residential buildings . The northern portion of Mr. Stephenson's lands are located outside of the "Main Central Area" and are designated "Residential" . On lands so designated, residential dwellings shall be the predominant use permitted. 7 ZONING 7 . 1 The subject lands currently possess dual zoning. The most southerly 67 .5 m (221 ft. ) of the lands are zoned "General Commercial (C-1) " while the northern portion is zoned "Urban Residential Type One Exception (R1-1) " . The lands zoned "C-1" possess an area of approximately 2798 sq. m. (0 .27 ha) and those lands zoned (R1-1) are approximately 3885 sq. m. (0 . 38 ha) in size. 8 AGENCY COMMENTS 8 . 1 In accordance with departmental procedures, the application was I circulated to obtain comments from other departments and agencies . The following departments/agencies in providing comments, offered no objection to the application as filed: - Newcastle Hydro Electric Commission - Durham Region Works Department - Ganaraska Region Conservation Authority . . . .5 I I REPORT NO. PD-125 -91 PAGE 5 8 .2 The Town of Newcastle Public Works Department, Community Services Department, and the Fire Department have noted that they have no objection to these applications, however detailed comments will be made upon submission of a Site Plan Application. 9 STAFF COMMENTS 9 . 1 On February 12, 1990, Council passed the following resolution: "THAT Official Plan Amendment Applications in Newcastle Village, in excess of 5,500 sq. ft. of commercial floor space be considered premature until such time as the Town carries out its Town Official Plan Review" The subject lands possess an area of approximately 0 . 65 ha. Noting this, the property can support a commercial building/s far in excess of 5,500 sq. ft. It is Staff's understanding that Council's Resolution # C-447-90 would supersede the above noted Council position. 9 .2 Staff notes that pursuant to Section 24(2) of the Planning Act, the amending by-law will not be forwarded to Council until the related Official Plan Amendment has been approved by Regional Council. 10. CONCLUSION 10. 1 In consideration of Council's resolution # C-447-90 Official Plan Amendment Application 91-006/N is submitted to the Region along with the related rezoning application DEV 90-081. The by-law amendment will not be forwarded to Council until Regional Council has Approved the related Official Plan Amendment. 10 . 2 This report and recommendations contained herein is prepared in accordance to the direction of Council . . . .6 REPORT NO. PD- 125-91 PAGE 6 Respectfully submitted, Recommended for presentation to the Committee `�;1✓i a.{ft�✓'odd m t✓"` `.�;_� Franklin Wu, M.C. I .P. Lawrence Wtrative otseff Director of Planning Chief AV and Development Officer Attachment #1 - Location Map Attachment #2 - Site Survey Attachment #3 - Proposed Zoning and Official Plan Changes FW*cc 21 May 1991 Interested parties to be notified of Council and Committee's decision: Lloyd Stephenson Mr. Don Wright 106 King St. E. 85 Beaver St. N. Newcastle, Ontario Newcastle, Ontario L1B 1H5 L1B 1H6 Mr. Bezubiak Mrs . E. Wood 59 Beaver St. N. 81 Beaver St. N. Newcastle, Ontario Newcastle, Ontario LOA 1HO L1B 1H6 Mrs . Mary Gates 99 Beaver St. N. Newcastle, Ontario L1B 1H6 Attachment + 1 Location Map ® SUBJECT SITE LOT 29 LOT 28 LOT 27 44 RI-22 '"" (H) �"""'".,..,,,,, R2-5 Rt R I R11 Ml-1 HN tV \ "••"hb • z RI-1 0 E EP AND RI (� R1-1 � 'W1 1 RI-1 GR CT. U (H)R2 EP-4 RI-1 RI R(-1 z ILL T R S 0 oa Ri 3 Rt C1 KING ST. a C1 Ci C1 C1 I 2 N 1.2 cV R2 cl h R1-1 0 fjR E I ST CH) R1 /Lo� 1 I ' V! R2 + m w WAR ST z EP I I 0 T. O 50 M 200 300m KEY MAP Dev. 90 081 10PA " Attachment +2 Site Survey MIRE WSW APT BE DEPOSITED 3 yG 8 PLAN OF SURVEY OF VILLAGE LOTS 7 AND 11 , PLAN lOR l PART OF LOT 6 AND ALL OF THE UNUMBERED LOT- JULY 20. 1490 RECEIVED AND DEPOSOETI IN BLOCK P, ACCORDING TO C.G.HANN ING 'S PLAN DATE Q�✓9; 9 9 0 OF PART OF LOT 2O.CONCESSION 2. GEOGRAPHIC TOWNSHIP [IF CLARKE L I DATE SI(YUTLRE IN THE FORMER VILLAGE OF NEWCASTLE NOW IN THE TOWN ❑F NEWCASTLE MILES F.RILEY _ LAID REGISTRAR FOR THE REOISTRY REG-TONAL MUNICIPALITY OF DURHAM " " PRINT OF NEWCASTLE(W. 101 SCALE: I INCH = 50 FEET SCHEDULE C.F.RILEY D.L.S.. 1990 PART NO. LOCATION AREA (SO.FT.t INST. N0, I NAT 6 Wltefl®IIIt.tOO(f 15000.00 25°0 2 NRt a aftteFRm 101.I1OY f 10005.00 88619 LOT 1 B L❑C K N. 3 tin wl t`DEIIIH tm.■Om t 0104.0 2500 L=093 PART 1 I LOT 9 + I t�Nn v6uNx+aaxa taml.•ta(am t p 450..000 PLAN 1OR-1560 PLAN IOM-812 0 ees19 t zo93 tsoo PMT 13,PLN1 108-3163 ITS 6 —W---11 11504.00 68649 INST.M.128967 IIH — -,SQTIM Ia ,,- (11061 / ] aR T.ii I1°fNO 6 UR 0 11050.00 2093 IH.I1106) �•w, n Sig (11061 MN 2,LY 115.72• N •' N71 26 20E P2 R FACE BEARING pMT 12.PLM 1oR-3163 '"TIE,PMT 6 IS SISAXT TO RIGHT OF WAY IN INS7.I43,443575. 125.40 M. -{•-49.72'M 6.00 a ,y LOT 8 ItS.10T11061 PI L SET i r6' PLAN 10-812 $ 10.50• rz > � , 518.(11061 h Y INST, W. 110325 �L `O,19na[em Imp LOT 10mN MM.Nf55 10V06ID�>�ML/a MJ4A3f :m =1 Its.4oTllasl o ' RIB it,-.i N PART PART�N (lJ BEARINO REFERENCE 1 f 1001 (11,06 1. W-MINX ARE ASTR IR ONOUIC AND ARE REFSV1 TO NTH UNIT ff t >4 INST. W._92609 Z a G e(GCK P..AS SHOWN IN PLM IOR-1560.HAVING A HEARING OF M1 26 20E. f LOT 9 a s 5 6 0 - 0 O H N H tmD a E 1O Y N vI T m _ W Z ■ O@)71R iUBVEY NONts3lT PO1211 I+ 1`••ut•;:I:jtifJ�;':. ..w .:;!.I n.(„Kit)i�t U .rn U 0 ORVEY IlOtbt(B7f PLNIIED n I.T. W. Izelso IS .Z z tie. STAWV10 Ina+eAw .. Imo- pp 0 N 0 le. IKN eM (� 8. I..❑T U U m U RIB. ROU4D 110x1 eM L1J (m P^• b J r P1 C.G.IVWNINGY PLAN m MHO%B+o11w W D IS m F2 PLAN JOR-1560 h P3 PLAN RD45 b' lOa1 N71 29'4SE p, b NT t0 PI PI 1CN-ell I llal m 1106 H.e.19ROM G.L.S. 125.77'M. —6S.59'—,- 66.68 = 972, C.F.RILEY G.L,S. /^ N I25.M•..1 50 w(1106) NEC. RINISTRY M TRNISPORTATIGN N0 V , LOT 7 m N. TIGNS HEASMED PART 7 INST. C m ND. m 2093 N " L N PART PART a LOT m 3 4 Eli m N � z m OV611w a lou N o� 125.50' 65.74' 67.00' SURVEYOR'S CERTIFICATE m o�+ N72 03 30E N72 03 30E N72 03 30E z m "LOT B s (� F- o F- ^/ �3 ^T d 6 Aq � 0.10• .J � EJ I CERTIFY THAT: L1J I m I,THIS SURVEY ND PLAN ARE CORRECT AND IN ACCORDANCE W �• .~. m WITH THE 6.RYE N21 YS ACT THE REOISTRY ACT ADD THE ��T- I M W[Ltlw w m Z THE i Z REOILATI"IMAW RaINDE1. \�' I o .` LOT S I.TT N z 0't5• ].THE EtR/EY WAS O PLETm HE ON T 20 YH.MY OF JULY 1990 • �I m MY 20.1990 ('f • V . 1 1.15' C. F. RILEY —L[IT LOT N PART PART aTMI° `"° `"RWe ItN 3 I 4 1 y 2 Iff � IN6T.N0.0000 IN$T.NO. 15955 � 1 a I t noe. I � t rrmY zn,.mvb. R g rs o �°c.nTM, t.m• 1 x- GF 4 K GG i o ' I I'AR wm+ PART 2 N-j It it 20EN#�rt aTN11 27 HOE PART 21 ttit k 66.09'M.' 67.75'M. 12+.]1 P] •� INSi.w.+N9t I�rttl 12a KAS PART 19 PART 13 1 I- N 1 50 20E n. 258.72 M/-----1 SStH INTCI N71 so 30E n / L PART 18 S.E.CORER ff L n.som a bom, uJO R1T[(110 61 PLAN RD45 IT,n.CON.2. 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