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HomeMy WebLinkAboutPD-179-84 REPORT #6 i i 4 ' F THE TOWN OF NEWCASTLE CORPORATION O , EDWARDS,M.C.I.P.,Director PLANNING AND DEVELOPMENT DEPARTMENT T.T. TEL.(416)263.2231 HAMPTON,ONTARIO LOB 1J0 REPORT TO THE COUNCIL MEETING OF OCTOBER 22, 1984 REPORT NO.: PD-179-84 SUBJECT: TOWN OF NEWCASTLE ZONING BY-LAW 84-63 OUR FILE: Pl n 4.1 RECOMMENDATION: It is respectfully recommended to Council that: i 1 . Staff Report PD-179-84 be received for information; and 2. Staff be authorized to proceed with publication of a Public Notice of a public meeting to be held on December 3, 1984 in respect of the * amendments identified by Attachment No. 1 hereto; and 3. That By-law 84-63 be forwarded to the Ontario Municipal Board for approval , and the Board be requested to convene a hearing in respect of said by-law at the earliest possible date; and ° That Town Staff and the Municipal Solicitor be authorized to attend such hearing and make representation on behalf of the Town on all such appeals unless otherwise previously directed by Council resolution; and (5411) - That the Town Solicitor be authorized to request the Board to exercise its powers to amend By-law 84-63 as may be necessary to implement the Board's decisions in respect of �, �� any, or all , appeals. i REPORT NO. : PD-179-84 Page 2 I i BACKGROUND AND COMMENTS: As the Members of the Council are aware, on September 10, 1984 By-law 84-63 was given second and third readings. The last date for filing of appeals was October 15, 1984, and in that regard, the Town Clerk received eleven (11 ) letters of appeal . In addition, Planning Staff received three (3) requests for changes to the By-law which were not submitted as formal appeals. The following is a summary of the appeals filed and copies of the referenced letters are available from the Planning Department upon request but have not been included for the sake of brevity. 1 . Two letters of appeal were received from Mr. M. Asadoorian and Mr. K. Dawson in respect of the "C5" zoning as it applies to the Moase property in Part of Lot 34, Concession 2. These appeals indicate concern with the possible expansion and enlargement of an exist- ing Welding Shop, prematurity of the zoning, and controls with respect to the provision of buffers. Staff feel that these concerns have been addressed through the by-law provisions and through a Site Plan Agreement which has been registered against title of the subject lands. We are therefore not recommending any change to By-law 84-63 and recommend that this appeal be forwarded to the Ontario Municipal Board for hearing. 2. A site specific appeal was received from L. Brown in respect of the "A-14" zone designation of Part of Lot 24, Concession 5, geographic Township of Darlington. . . .3 REPORT NO. : PD-179-84 Page 3 This appeal was submitted on the grounds of decreased property value citing a previous "Cl " zoning as contained in By-law 2.111 . Staff note that a commercial use does not exist on the property at the present point in time, and a commercial zoning would not be in conformity with the Durham Regional Official Plan. Staff are therefore not recommending an amendment to By-law 84-63 and recommend that this appeal be forwarded to the Ontario Municipal Board for hearing. 3. Two letters of appeal were received, from Mr. S. Stenger and Mr. J. Dodds , in respect of the "RH-Residential Hamlet" zoning for Part of Lot Concession 8, geographic Township of Darlington. The subject lands are occupied by a draft approved plan of subdivision owned by 1927 Investments Limited. The reasons for appeal are cited as impacts upon water supply, elimination of prime agricultural land, increased traffic, social impacts and inadequate fire and police protection. Staff note that the lands subject to this appeal are designated for residential development in the approved Hamlet Development Plan for Enniskillen. Proposed plan of subdivision 18T-81013 received draft plan approval from the Regional Municipality of Durham on May 28, 1984. The "RH" zone designation would facilitate development of this approved plan of subdivision. For this reason, Staff are not recommend- ing an amendment to By-law 84-63 and recommend that the subject appeals be forwarded to the Ontario Municipal Board for hearing. 4. A letter of appeal was received from nine (9) residents in respect of the "A-18" zone classification of Part of ...4 i REPORT NO. : PD-179-84 Page 4 Lot 11 , Concession 5, geographic Township of Darlington (Ullrich). The letter requests an amendment to By-law 84-63 to correct the description of the property as shown on Schedule 1 and to apply a commercial classification as opposed to an agricultural special exception. In addition, the appellants request that a specific exclusion for slaughter houses be incorporated ncorporated the in the text of the by-law. Staff feel that concern relative to the delineation of the lands is valid and will be recommending an amendment to By-law 84-63. With respect to the second points, that, although the existing operation is of a commercial nature, it is located within an agriculturally designated area. Our practice has been to recognize such uses as agricultural special exceptions. Similarly, the need for a specific exclusion is questionable , inasmuch as a zoning by-law, by its vary nature , lists only permitted uses. If a use is not be specifically included therein , then it must these interpreted as being prohibited. Notwithstanding comments, in the interests of resolving this appeal , we recommend an amendment to By-law 84-63 be prepared to facilitate the requests of the appellants. 5. A letter of appeal was submitted by eleven (11 ) households in respect of the "R3-6" zone classification of Part of Lot 29, Concession 2, the former appeal of Newcastle (Kraayvanger). The reasons pp l re cited as the incompatibility of townhouse units with surrounding land uses , specifically single family dwellings, the inadequacy of the frontage, resident reliance on the existing zoning in making their decisions to purchase, a potential hazard in respect of . . .5 i I REPORT NO. : PD-179-84 Page 5 i access to Highway #2, inadequate provisions for fire removal ,protection and snow remo , and a reduction of privacy. Staff note that the zoning of the subject lot is consistent with the approved Official Plan of the Newcastle Village Urban Area and that it has been reviewed by all agencies having jurisdiction. In that regard we are not recommending an amendment to By-law 84-63 and recommend that the subject appeals be forwarded to the Ontario Municipal Board for hearing. 6. A letter of appeal was filed by St. Mary's Cement Co. in respect of the "M3-1" zone classification of their lands. Their letter of appeal requests that prior zone provisions contained in By-law 2111 be repeated in By-law 84-63 and specifically that transportation depot and ready-mix concrete operations be specifically zoned, and that residential uses, up to two (2) dwellings for a manager, caretaker, watchman or other similar person employed on the premises concerns and their families , be included. Staff note that the "M3-1" zoning permits, in addition to the extractive industrial uses, the operation of cement manufacturing plant. Staff interpret the by-law as including accessory transportation depots as a permitted use and therefore, do not feel that an amendment is essential in this respect. Notwithstanding this, in the interest of resolving the appeal , we are recommending approval of an amendment which would specify that a transportation depot and ready-mix concrete operation are permitted on those lands specifically used for those purposes. With respect to the inclusion of residential uses, we note that the establishment of residential uses in industrial areas is inconsistent with good Planning practice. . ..6 REPORT NO. : PD-179-84 Page 6 However, given the size and nature of the particular operation, it is not inconceivable that such residential uses would be required. Similarly, we will prepare an appropriate amendment with respect to this aspect of the appeal . 7. A letter of appeal was received from the Solicitors for Pythbow Developments Limited in respect of the "(H)C-5" and "EP" zone classifications of their lands located in Part of Lots 12 and 13, Broken Front Concession , former Town of Bowmanville. Their reasons for appeal are: a) that the I'M' zoning is not extensive enough to permit a Shopping Centre; b) that the lands should not be placed in a Holding category since it is appropriate to proceed with the development at this time; c) the range of potential uses for an "EP" zone would exclude the use of a portion of the lands for parking; and d) that the parking regulations in respect of shopping centres do not provide sufficient definition to permit them to ascertain the impact of this provision upon their proposal . Staff note that the subject lands are designated "Special Purpose Commercial " by the Bowmanville Official Plan and the Durham Regional Official Plan. Amendments to these documents are presently before the Ontario Municipal , and until such amendments are dealt with, we . . .7 REPORT NO. : PD-179-84 Page 7 are not in a position to recommend any changes to By-law 84-63 in respect of this specific development proposal . We therefore recommend that the subject appeal be forwarded to the Ontario Muncipal Board for hearing . 8. A letter of appeal was received from the Canadian Environmental Law Association on behalf of the Second Marsh Defence Association in respect of the "A-8" and "R4" zone classifications of Part of Lots 29 and 30, Concession 3, geographic Township of Darlington (Pollard). The reasons for appeal cited include concern over storm water management , population and environmental sensitivity of the subject lands. Staff note that Council has previously approved the subject proposal , and as such, are recommending that the appeal be forwarded to the Ontario Muncipal Board for hearing. 9. A letter of appeal was received from the Regional Municipality of Durham in respect of the following items. a) Section 3.9 - Holding Zone Regional Staff indicate that present Official Plan policies are not sufficient to facilitate use of the Holding zone symbol . They note however, that they are presently recommending an amendment to the Durham Regional Official Plan which will remedy this problem. The conformity of this section of the by-law therefore will depend upon the final approval of the proposed Official Plan amendment. ...8 i REPORT NO. : PD-179-84 Page 8 � i b) Regional Staff indicate that the list of permitted uses for the agricultural "A" and the agricultural "A-1 " zones include converted dwellings which is defined as, up to three (3) separate dwelling units. Regional Staff have requested an amendment to restrict the use of the dwelling units to persons employed on the subject property consistent with the policies of the Regional Official Plan. Staff concur with the request and will be recommending an appropriate amendment to By-law 84-63. c) Regional Staff indicated a concern with respect to retail sales and/or service establishments for motor vehicle equipment and accessories being included as a permitted use in Section 23.1. This use is not in conformity with the industrial designation , and they are requesting an amendment to substitute the words "a motor vehicle repair garage" . Staff concur with this request and recommend an appropriate amendment be prepared. d) Regional Staff have identified, on Schedule 1, three (3) zone designations which they do not feel conform with the Durham Regional Official Plan. These are the "(H)M-1" zoning of Part of Lot 1 to 4, Broken Front Concession, Darlington , the "RC" zone of Part of Lots 22 and 23, Concession 3, Darlington, and the "RC" zoning of Part of Lot 26, Concession 2, Darlington. With respect to the "(H)M-1" zoning , Staff concur with the request and are recommending an appropriate amendment to place the subject lands in an agricultural zone. With respect to the "RC-Rural Cluster" zones, we concur with the 0609 REPORT NO. : PD-179-84 Page 9 � Region' s request that this zone designation be I deleted until a review of the Rural Cluster policy of the Regional Plan has been completed. An appropriate amendment will be prepared. e) Regional Staff have identified, on Schedule 3, four (4) properties with which they have concerns about the zoning designations. These are the IV" zoning of the Bowmanville Cemetery, the "C5" zoning of Part of Lot 15, Broken Front Concession, Darlington , the "R3-3" zoning on the west side of Simpson Avenue occupied by the Port Darlington Marina residential development, and the zoning of lands occupied by Plan of Subdivision 18T-82037 (Zakarow) . With respect to the zoning of the Bowmanville Cemetery , Staff concur with the Regional requests and will prepare an amendment to change the zoning to an appropriate agricultural exception zone. With ' respect to the C5 ' Special Purpose Commercial zone, Staff have prepared an appropriate amendment to place these lands in an "M1 " zone. With respect to the zoning of the Port Darlington Marina lands and the Zakarow Plan of Subdivision, Staff are of the opinion that, given Council 's previous approvals, the zoning reflects Council 's intent. Council may wish to consider use of the Holding symbol in order to prevent development until such time as the Regional concerns have been addressed. If so , specific direction should be provided. f) Regional Staff have indicated that the "(H)RH" zoning of lands within the Hamlets of Hampton, Maple Grove, and Tyrone, is not in conformity with the . . .10 i i IREPORT NO. : PD-179-84 Page 10 Durham Regional Official Plan , inasmuch hasDurhamHamlet Development Plan and/or amendments to Regional Official Plan would be rd in each case. Staff have prepared the necessary amendment to facilitate this change. g) Regional Staff have indicated a concern th t the time Pollard proposal would be premature until as a Servicing Agreement has been executed. placed i n have suggested that the subject lands be an "(H)R-4" zone. Staff note Council 's prior oval of the subject zoning without such a appr restriction and the fact that another app eal has It would been filed relative to the subject lands. Ieal to therefore be appropriate to forward this app the Ontario Muncipal Board for hearing. h) Regional Staff have expressed a concern with respect to the wording of Section 12.3 dealing with that the municipal services. They have suggested wording be altered to include a reference to the payment of Regional levies. Staff note that , during the course of recent discussions with the Ministry of Housing Staff, the use of such references was discussed and rejected inasmuch as it constitutes conditional zoning. As indicated, in addition to the letters of appeal that were filed, Staff received three requests with respect t to changes. These were received from the Chairman of the Bethesda Cemetery Board - Mr. Walter Loveridge, the Senior Trumbley, and Halminen Public Health Inspector - Mr. Board is requesting an Homes. The Bethesda Cemetery ...11 REPORT NO. : PD-179-84 Page 11 amendment to the By-law to facilitate future expansion of an existing cemetery. Staff have no difficulty with this request and will prepare the necessary amendment. Mr. Trumbley of the Regional Health Services Department has pointed out that references to the Public Health Act within the By-law should be changed to read Health Protection and Promotion Act. Accordingly, Staff will prepare an appropriate amendment. Halminen Homes have requested that the interior sideyard provisions for semi-detached dwellings, without an attached garage, be reduced from 4.5 to 3.0 metres. Staff have reviewed this request and note that By-law 84-63 reduced the frontage requirements for semi-detached lots from 75 to 60 feet. As a result of this change, it is very difficult to construct a semi-detached dwelling without an attached garage and still comply with the by-law requirements. Staff will therefore bring forward an amendment to By-law 84-63. Staff would also note that as a result of the public review process and the day to day application of By-law 84-63, a number of other changes are in order. Staff have summarized all proposed changes including those previously referred to * on the enclosed attachment and will prepare the necessary by-law amendment to implement these changes. In order to expedite final approval of By-law 84-63, it would be appropriate for Council to forward the by-law, along with the appeals, to the Ontario Municipal Board, with . . .12 i REPORT NO. : PD-179-84 Page 12 a request that the Board convene a public hearing. It would also be in order to publish a public notice and convene a public meeting in respect of proposed amendments to By-law 84-63 in order to ensure that the public notice requirements of the Planning Act are fulfilled , in respect of all proposed changes, and to facilitate resolution of the appeals. Respectfu tted, T.T. Edwards, M.C.I.P. Director of Planning TTE*jip October 16, 1984 *Attach. I i ATTACHMENT NO. 1 TO STAFF REPORT PD-179-84 i 1 . Section 2 - a) Definition of WATER SUPPLY SYSTEM, PRIVATE POTABLE change "Public Health Act" to "Health Protection and Promotion Act". b) Definition of PRIVATE CLUB, change to read "building or land, gun clubs etc." c) Definition of FLOOR AREA, TOTAL, exclude garages or portions of dwellings not intended for habitation. d) Add definition of FLOOR AREA TOTAL LEASEABLE to read: "Shall mean Total Floor Area exclusive of any internal common areas and/or common mechanical or service rooms." 2. Section 3.7c.ii ) , in the 4th line add the words "has access to" after the word "lot" , 5th line delete the words "fronts on" and add the word "perpetual " after the word "private", 6th line delete the first word "and" and replace with the word "which". 3. Section 3.9 - delete the last paragraph, add references to limit Agricultural use , to conservation and forestry and farm uses, exclusive of livestock operations. Also limit uses to existing residential uses not all existing uses. 4. Section 3.14a. Residential Parking Apartments revise as shown : 1 bedroom Apartment - 1 space per unit 2 bedroom Apartment - 1 .25 spaces per unit 3 or more Apartment - 1 .5 spaces per unit . . .2 i ATTACHMENT N0. 1 TO STAFF REPORT PD-179-84 5. Section 3.14e. - Restrict residential unless they comply with parking regulations. 6. Section 3.14e. - revise to include changes in use of lot as well . 7. Section 3.18 - change "Public Health Act" to "Health Protection and Promotion Act". 8, Section 6.1a. - change "converted dwelling" to "converted dwelling containing no more than two (2) units and occupied by persons employed on same lot or members of the Owner's family". 9. Section 6.1b. - add "private kennels" as a permitted use. 10. Section 6.1c. - delete this section in its entirety in favour of the general provisions and a special provision designation for Port Granby. 11 . Section 6.3g. - add the following words to be an existing non-complying lot and shall be subject to the provisions of Section 3.6 hereto, and shall be deemed" after the word "deemed" in the 7th line. 12. Section 6.4.1a. - change "converted dwelling" to "converted dwelling containing no more than two (2) units and occupied by persons employed on same lot or members of the Owner's family" . ATTACHMENT NO. 1 TO STAFF REPORT PD-179-84 13. Section 6.4.18 - Delete in its entirety and add a new "C4" special provision to Section 19. Add a new section as "A-18" to facilitate Bethesda and Bowmanville cemeteries. 14. Add a new Section 6.4.20. Add new special provision "A-20" for Port Granby to limit uses to conservation and forestry. 15. Section 11 .2d.ii ) - delete the redundant words "seasonal dwelling". 16. Section 12.2d. - reduce interior sideyard, on semi -detached dwellings without an attached garage, to "3.0 metres" and use wording consistent with "R2-2" zone to prescribe sideyards. 17. a) Section 12.4.1 - change 92.1 " to "12.1 (a)" so as to include places of worship. b) Section 12.4.2 - change 12.1 " to "12.1 (a)" so as to include places of worship. 18. Section 12.4.11 - change "12.1 " to 1112.211. 19. Section 13.2(c) - use wording consistent with "R2-2" to prescribe sideyards. 20. Section 14.6.5 - change "14.4" to "14.3" . ATTACHMENT NO. 1 TO STAFF REPORT PD-179-84 21. Section 16.1c. - in the 7th line delete the word "adequately" and add the word "municipal" after the word "by" , in the 8th line delete the words "adequate access" and add the word "access" after the word "vehicular", in the 9th line delete the word "adequate" and "lands" , and add the words "in accordance with the requirements of Section 3 hereof" after the word "provided" , in the 10th line delete the words "will have adequate" and add the words "of the lands will not impact upon adjoining lands or streets" after the word "drainage". 22. Section 16.2b. - cross-reference floor area for residential units to Section 15.2d. 23. Add a new Section 19.4.7 - add a new section to incorporate a previously approved by-law. 24. Add a new Section 19.4.8 to recognize an existing trailer sales and trailer camp operation. 25. Add a new Section 19.4.9 to incorporate former "A-18" provisions as originally approved by By-law 75-80. I 26. Section 20.3c. - change the words "Public Health Act" to read "Health Protection and Promotion Act". 27. Section 20.4.3 - change "20.1 " to 1120.211. 28. Section 20.4.7 - change "20.1" to "20.2". ATTACHMENT NO. 1 TO STAFF REPORT PD-179-84 29. Section 2.5.4.1 - add residential use to maximum of two (2) dwellings for caretaker etc. previously contained in MQ zone in Darlington. 30. Add a new Section 2.5.4.2 to provide specific zoning for transport depot and ready-mix concrete plan. 31 . Schedule 1 a) Delete "A-18" zone designation Part of Lot 11 , Concession 5, Darlington and replace with "C4-9" . b) Add an "A-18" zone designation to the lands occupied by the Bethesda Cemetery and the Bowmanville Cemetery. c) Change the "(H)Ml " zone designation north of the Wilmot Creek Mobile Home Park to "A" to conform with the Official Plan. d) Delete the "RC" zone classification, Part of Lot 26, Concession 2, Darlington and Part Lots 22 and 23, Concession 3, Darlington to conform with the Official Plan policies. Schedule 2 a) Change the "(H)A" zone classification of the Port Granby site to "A-20". b) Change the "C4-14" zone designation of Part of Lot 24, Concession 8, Clarke to "C4-7" to correspond with text. I ATTACHMENT NO. 1 TO STAFF REPORT PD-179-84 31 . Schedule 3 a) Add an "M3-2" zone designation to the lands previously zoned "MQ-1 " by By-law 2111 . b) Change the "M2" zone designation on the Bowmanville Cemetery to "A-18" . c) Change the "R1 -12" zone designation of the lands i bounded by Church, Silver and Temperance Street to "C1 -1 " to reflect existing commercial uses . d) Change the "C5" zoning of Part of Lot 15, B.F.C. , Darlington to "M1 " to conform with the Official Plan. Schedule 4 a) Add an "Rl " symbol to the lands to the north of the "R1-11 " Special Provision to correct schedule. b) Change the "HR-1 " zone for those lands located in Lot 34, Concession 3, Darlington fronting on Nash Road to "Rl " zone to reflect existing uses. Schedule 5 a) Change the "(H)M1 " zone to "A" on those lands on the west side of Toronto Street designated Major Open Space by the Newcastle Village Official Plan. b) Change the "A-11 " zone on Highway No. 2, Part of Lot 27, Concession 1 to "C4-8" to recognize existing trailer sales and trailer park. ATTACHMENT NO. 1 TO STAFF REPORT PD-179-84 31 . Schedule 7 a) Delete the "(H)RH" zone designation on the lands in Part of Lot 17 and 18, Concession 5, Darlington, Hamlet of Hampton to conform with the Durham Regional Official Plan. Schedule 10 a) Delete the "(H)RH" zone designation on the lands located in Part of Lots 8 and 9, Concession 7, Darlington, Hamlet of Tyrone to conform with the Durham Regional Official Plan. Schedule 18 a) Delete the "(H)RH" zone designation on Lot 19, Concession 2, Darlington, Hamlet of Maple Grove to conform with the Durham Regional Official Plan. i A D D E N D U M TO REPORT NO. PD-179-84 COUNCIL MEETING OF OCTOBER 22, 1984 Following preparation of Staff Report PD-179-84, Staff received a further submission from the Regional Municipality of Durham in respect of Section 3.7d. of By-law 84-63. This submission was received after the appeal date and expresses concern about the wording of Section 3.7d. and requests that the Section be amended to refer to existing lots of record only. Staff are not recommending the change to By-law 84-63 inasmuch as the wording of this Section was intended to facilitate infilling on private roads and development within areas covered by condominium plans or site plan agreements. We respectfully suggest that control of severances rests with the Land Division Committee and inasmuch as they are charged with the responsibility of having regard for official plan conformity, the zoning by-law need not unduly restrict such development from occuring if, in the opinion of the Land Division Committee, the merits of the individual circumstance warrant approval having had regard for the official plan policies. To change the wording would require a rezoning application in such situations. Staff would also note that an amendment to Schedule 2 is required to correctly identify the limits of a property which were previously zoned "Special Purpose Commercial " and which are incorrectly shown on the map. This change effects the "C4" zoning on Part of Lot 28, Concession 4, geographic Township of Clarke as previously approved by By-law 84-71 . This addendum is respectfully submitted for consideration as part of rt PD-179-84. r It. T.T. Edwards, M.C. I.P. Director of Planning TTE*iin