HomeMy WebLinkAboutPD-63-84 CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1,10
TEL.(416)263.2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF MARCH 5, 1984
REPORT NO. : PD-63-84
SUBJECT: OBJECTION OBY-LALANO. 83-141 ,PART LOTN24A BY-LAW
TO REZONE CR
CONCESSION 8, FORMER TWP. OF CLARKE
M. BEAUPRE
CLERK'S FILE: 60.35.208
PLANNING FILE: DEV 75-11
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following :
1 , That Report PD-63-84 be received; and
2. That the following resolution be adopted by
Town Council and submitted to the Ontario
Municipal Board along with By-law No. 83-141 ;
"WHEREAS the Council of the Town of
Newcastle has approved By-law 83-141 to
amend Restricted Area By-law 1592, as
amended, of the former Township of
Clarke, as a result of their
consideration of an application for such
an amendment submitted by the respective
property Owner;
. . .2 ,k
REPORT NO. : PD-63-84 Page 2
AND WHEREAS the effect of By-law
83-141 will be to change the zone
designation of the lands subject to
By-law 83-141 from "A-Agricultural " to
"Agricultural subject to Special
Exemption 12" to recognize an existing
retail operation and to permit limited
expansion of the operation ;
AND WHEREAS By-law 83-141 has been
approved in conformity with the
applicable policies of the Durham
Regional Official Plan ;
BE IT NOW THEREFORE RESOLVED that the
Town of Newcastle hereby requests the
Ontario Municipal Board to approve By-law
83-141 , notwithstanding the objection
received, and further requests the
Ontario Municipal Board to convene any
required public hearing in respect of
By-law 83-141 at the earliest possible
opportunity;
AND FURTHER HEREBY authorize Town staff
and/or Town Solicitor to represent the
Municipality at any such hearing that may
be convened."
BACKGROUND AND COMMENT:
On October 24, 1983, Council approved By-law 83-141 . The
purpose of the By-law is to rezone a 1 .4 hectare (3.5 acre)
parcel of land in Part Lot 24, Concession 8, former Township
of Clarke, to recognize an existing Highway Commercial
operation on Highway 35/115 and to permit limited expansion.
Council also approved By-law 83-142 which authorized the
Town to enter into a Development Agreement with the
applicant with respect to the retail operation.
By-law 83-141 was circulated and one letter of objection was
received prior to the closing of the appeal period on
February 1 , 1984. The objector, whose property lies to the
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REPORT NO. : PD-63-84 Page 3
west of the subject lands, stated that the proposed use of
the property would spoil the view, pollute the air, create
noise, and reduce the residential use and therefore the
value of the property.
Staff have reviewed the objections and note that the by-law
recognizes an existing use and permits only a limited
expansion of that use. In addition, the development
agreement, which was registered on October 14, 1983, will
control the use of the property. In staff' s opinion the
by-law and development agreement allowed the Town a greater
degree of control over the subject property than that which
previously existed. In that respect, the impact of the
commercial operation on adjacent non-commercial uses will be
reduced rather than aggravated. Staff have contacted the
objector to explain the nature of the by-law and development
agreement and have provided her with a copy of the
agreement.
Staff are therefore recommending that By-law 83-104 be
forwarded to the Ontario Municipal Board for approval .
Respectf b 'tted,
T.T. Edwards, M.C.I.P.
Director of Planning
JAS*TTE*jip
February 23, 1984
Applicant: Margaret Beaupre
R.R. ##2
ORONO, Ontario
LOB 1MO