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Home My WebLink AboutPD-65-88FRHNMM-, TOWN OF NEWCASTLE REPORT MEETING: General Purpose and Administration Committee DATE: Monday, March 21, 1988 REPORT #: PD -65 -88 FILE #: PLN 4.1 SU &ECT: ZONING BY -LAW 84 -63 E.J. & JOAN PINTO PART LOT 24, CONC. 1, FORMER TWP. OF DARLINGTON File V Res. # By -Law # %C6,) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -65 -88 be received for information; and 2. THAT Mr. & Mrs. Pinto be provided a copy of said Report. BACKGROUND AND COMMENTS: Staff would confirm that Council, at their meeting held on February 8, 1988 endorsed the following resolution: "THAT the correspondence dated February 2, 1988 from E.J. and Joan Pinto, R.R. #2, Bowmanville, Ontario, LlC 3K3, opposing the designation of and possible sale of farm lands opposite their home for industrial uses, be received and referred to the Director of Planning for review and subsequent Report." In consideration of the above resolution, Staff would note the following for Committee's consideration. ...2 REPORT NO.: PD -65 -88 PAGE 2 ------------------------------------------------ .------------------------------- Within the Regional Municipality of Durham Official Plan, the lands in question are located within the "Industrial Area" designation. Staff would confirm that the subject lands are located within Part of Lot 25, Concession 1, former Township of Darlington. The northern limit of the Industrial designation, within said Plan, is approximately 300 metres (985 feet) north of the Baseline Road. Within Zoning By -law 2111, as amended, of the former Township of Darlington, the property designated "Industrial" was appropriately located within the "Industrial (Ml)" zone. Staff would note that the northerly limit of the "ML" Zone was approximately 170 metres (558 feet) north of Baseline Road. As Committee may recall, By -law 2111 was repealed September 10, 1984 through the passing of Zoning By -law 84 -63, being the Town of Newcastle's Comprehensive Zoning By -law. Within By -law 84 -63, of the Town of Newcastle, the subject lands are located within the "General Industrial (M2)" Zone. The northern limit of the 11M2" Zone was shown to comply with the area as designated "Industrial" in the Regional Official Plan, being approximately 300 metres north of Baseline Road. It is Staff's opinion that By -law 84 -63 accordingly zoned the subject lands in compliance with the provisions of the Regional Official Plan. Staff would note for Committee's information that, in June of 1985, Dr. Pinto inquired of Staff as to the zoning of his property located within Part of Lot 24, Concession 1, being the former Township of Darlington. After reviewing By -law 84 -63, as amended, and By -law 2111, being the predecessor, it was apparent that the "Industrial" zoning within By -law 84 -63 had been omitted from his lands. On March 24, 1986 Council accordingly passed By -law Amendment 86 -41 which rezoned the southern portion of Dr. Pinto's property from "Agricultural (A)" to "General Industrial (M2)" Zone. This amendment was considered in conformity with the provisions of the Regional Official Plan. In consideration of the above -noted comments, it is Staff's opinion that By -law 84 -63 and amendments thereto, affecting the subject lands within Part of Lots ...3 REPORT NO.: PD -65 °88 PAGE 3 24 and 25, Concession 1, were considered and approved pursuant to the provisions of the Planning Act and in compliance with the provisions of the Regional Official Plan. The letter from the Pintos indicates they were unaware of the changes in zoning regulations and not afforded an opportunity for input. Notice was provided in accordance with Provincial regulations, ie. publication in newspapers having local circulation. In addition, an extensive public notice procedure was utilized by the Region during preparation of the Regional Official Plan. If the Pinto's wish to have land use designations altered, in this area, it would be appropriate for them to make application for an Official Plan Amendment and /or make a submission to the Region as part of the Industrial policy review process now underway. Residential and Industrial uses are generally held to be incompatible and as such, it is the intent of the Official Plan that in the fullness of time, residential uses in industrial areas should cease to exist. On the west side of the road there presently exist three (3) residential lots of which two (2) are outside of the Industrial Zone. The third is a corner lot and Staff expect that, over time, it will find its highest and best use within the Industrial area. Staff are therefore satisfied that the present zoning complies with the Official Plan designations and will not impinge upon an established residential area. We are, however, forwarding a copy of the attached letter to the Region as input to their Official Plan review. Respectfully submitted, T.T. Edwards, M.C.I.P. Director of Planning *jip *Attach. March 7, 1988 CC: E.J. and Joan Pinto R.R. #2 BOWMANVILLE, Ontario L1C 3K3 Recommended for presentation to the _,Committee W ��. —ZYstrative rence otseff ief Ad Officer CORPORATION OF THE TOWN OF NEWCASTLE February 15, 1988. E. J. & Joan Pinto, R. R. #2, BOWMANVILLE, Ontario. L1C 3K3. 40 TEMPERANCE STREET BOWMANVILLE, ONTARIO L1C 3A6 Our File: 60.2.99. TEL&PAONE 623.3379 All At a regular meeting of Council held Monday, February 8, 1988, the following resolution was passed; "That the correspondence dated February 2, 1988 from E. J. and Joan Pinto, R.R. #2, Bowmanville, L1C 3K3, opposing the designation of and possible sale of farm lands opposite their home for industrial uses, be received and referred to the Director of Planning for review and subsequent report." Yours truly, Rosemary Rutledge, A.M.C.T., Deputy Clerk. RR /os. Copy to-. Planning. Au <�� v (2i Council Minutes - 7 - February 8, 1988. D - 11 Resolution #C -99 -88 St. Davids Day Moved by Councillor McKnight, seconded by Councillor Hamre 10.2.11 THAT the communication dated January 27, 1988 from Mrs. A. L. Hare, Publicity Director, Oshawa and District Welsh Society, requesting permission to fly their flag on March 1st, 1988, in celebration of St. Davids Day the Patron Saint of Wales be received; AND THAT the request referred to herein be approved; AND FURTHER THAT Mrs. Hare be advised of Council's decision. "CARRIED" D - 12 Resolution #C- 100 -88 Mental Health Week Moved by Councillor Hamre, seconded by Councillor Stapleton 10.2.11. THAT the communication dated January 28, 1988, from Henry Branc�i 111 Simcoe S-c. N., Oshawa, L1C 4S4, requesting that the Town of Newcastle proclaim May 1 to 7, 1988 as Mental Health Week be received; AND THAT the request referred to herein be approved and advertised in accordance with Town Policy; AND FURTHER THAT Henry Silver be advised of Council's decision. "CARRIED" D - 13 Resolution #C- 101 -88 by Counc i.11 --, 1" j -,re. s --�7nnd-d by Councillor Wotten 60.2.99 THAT the correspondence dated February 2, 1988 from E. J. and .Joan Pinto, R.R. #2, Bowmanville, L1C 30, opposing the designation of and possible sale of farm lands opposite their home for industrial uses, be received and referred to the Director of Planning for review and subsequent report. "CARR-I ED" G.P.A. Report of Resolution #C- 102 -88 February 1, 1988. Moved by Councillor Hubbard, seconded by Councillor McKnight THAT the General Purpose and Administration Committee Report of February 1, 1988 be approved except Item #15. "CARRIED" •MMUNICATIONS DIRECTION B - 13 ol RECEIVED FEB - 31988 Z- 3 3 43 2 4 94. �k J ' -dat —. da- 452Z.A J 2o7 Lee IL .�-� �--� wc�c Q — 3c90 - .r% - - r , V .f/✓ Imo/ .� ;,,,.�i ��'�'' -`�� _ _ r,.�o -�.c� •�=G� `� cam•; v-oi �-w