HomeMy WebLinkAboutPD-140-84 REPORT # 2
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CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1JO TEL.(416)263-2231
REPORT TO THE COUNCIL MEETING OF JULY 23, 1984
REPORT NO.: PD-140-84
SUBJECT: OBJECTION TO BY-LAW NO. 84-62 BEING A BY-LAW TO
REZONE CERTAIN LANDS IN PART OF LOT 34,
CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON
CLERK'S FILE: 60.35.169
PLANNING FILE: DEV 84-7
RECOMMENDATION:
It is respectfully recommended to Council that
1 . That Report PD-140-84 be received; and
2. That the following resolution be adopted by
Council and forwarded to the Ontario Municipal
Board together with By-law 84-62.
"WHEREAS the Council of the Town of Newcastle has
approved By-law No. 84-62 to amend Restricted Area
Zoning By-law 2111 , as amended, as a result of their
consideration of an application for such an amendment
submitted by the property owner;
AND WHEREAS the effect of By-law No. 84-62 will be to
change the zone designation of the land subject to By-
law 84-62 from R2-Residential" to "Special Provision
By-law 83-123" to more accurately define the limits of
the Special Purpose Commercial Zone as it relates to
the designation set out in the Courtice Urban Area
Official Plan (Amendment 12 to the Official Plan of the
former Darlington Township of Planning Area) ;
AND WHEREAS By-law 84-62 has been approved in
conformity with the applicable policies of the Durham
Official Plan; and
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REPORT NO. : PD-140-84 Page 2
BE IT NOW THEREFORE RESOLVED THAT the Town of
Newcastle hereby requests the Ontario Municipal Board
to approve By-law 84-62, notwithstanding the objections
received, and further request that the Ontario
Municipal Board convene any required Public Hearings in
respect of By-law 84-62 at the earliest possible
opportunity; and
FURTHER hereby authorizes Town staff and/or the Town's
solicitor to represent the municipality at such hearing
that may be convened."
BACKGROUND:
On February 29, 1984, the Planning Department received an
application submitted by Mr. Bruce Moase to rezone a 1 ,030
square metre parcel of land located in Part Lot 34,
Concession 2, former Township of Darlington. The purpose of
the rezoning would be to permit the inclusion of the subject
property within "Special Purpose Commercial By-law 81 -123"
to permit a Motor Vehicle Sales and Service establishment.
In accordance with departmental procedures, the proposed
rezoning application was circulated to all affected Town
Departments and outside agencies for their comments and/or
concerns. By correspondence dated March 2.0, 1984, the
Region of Durham Planning Department advises that the site
is designated "Residential " within the Durham Regional
Official Plan. Section 8.3.2.2 of the Durham Plan
stipulates that an existing commercial strip within , or
outside an urban area , may be allowed to consolidate into a
node. In this regard, the lands in the vicinity of the site
are shown as a "Special Purpose Commercial Node" in the
Courtice Major Urban Area Plan. The proposal to incorporate
the subject site within the Special Purpose Commercial Zone,
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REPORT NO. : PD-140-84 Page 3
conforms to both the Durham Plan and the Darlington Official
Plan Amendment 12.
STAFF COMMENTS:
As noted within Staff Report PD-69-84, a similar rezoning
application (File DEV 82-9) as approved by Council and
circulated, was objected to resulting in an Ontario
Municipal Board Hearing and subsequent decision - premature
pending a proposed use for the subject site.
Submitted with the most recent application, was a letter
from Mr. John R. Sproule, Barrister & Solicitor, advising
that he represented a proposed purchaser of Mr. Moase's
commercial property, and that upon completion of the closing
of the transaction, his intentions were to construct a new
Car Dealership which would involve some used car sales and
servicing establishment. Mr. Sproule noted that at this
point in time, no formal plans have been drawn, but it was
the intention of his client to commence with same, pending
the completion of the transaction.
Staff would note for the Committees information, that the
concerns expressed by the Two (2) objectors to the first
submission and proposed Zoning By-law Amendment (84-62) have
been relayed to the proposed purchaser, and confirmed that
landscaping and buffering of the commercial use and abutting
residential uses, will form a component of the site plan j
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agreement as required. Confirmation of the proposed use was
similarly received from Mr. Thomas Greer, Solicitor on
behalf of Mr. Moase, that the perspective purchaser was
acquiring all of Mr. Moases ' s "commercially zoned" lands in j
addition to the triangular parcel of land of which this
by-law amendment addresses.
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REPORT NO. : PD-140-84 Page 4
As a result of the Clerk's circulation of By-law 84-62, two
* (2) Letters of Objection were received (see attached). Mr.
Asadoorian ' s letter states that the zoning application is
premature. Mr. Dawson states within his letter that the
welding facility is non-conforming; that Mr. Moase owns the
property; doesn 't have to sell ; and could continue to
clutter the area even more so. Additionally, he states that
no assurance or plans have been received as to buildings,
storage or buffering of the use.
Staff would note for Council 's information that discussions
with the applicant and the prospective purchaser re: the
landscaping/buffering requirements with the intention of
finalizing these concerns prior to any Board hearing, have
taken place. Staff would note such plans would be included
within the site plan agreement as required prior to the
issuance of any building permit for the new use - a Motor
Vehicle Sales and Service establishment.
In light of the above comments, Staff would therefore
recommend that By-law 84-62 be forwarded to the Ontario
Municipal Board for approval .
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Resp ; Emitte
. . Edwards, M.C. I.P.
Director of Planning
LDT*TTE*j i p
July 12, 1984
*Attach.
Applicant: Mr. Bruce Moase
R.R. #4
OSHAWA, Ontario L1H 7K6
cc: Mr. K. Dawson
7 Darlington Blvd. S.
OSHAWA, Ontario L1K lAl
cc: Mr. M. Asadoorian
9 Darlington Blvd. S.
OSHAWA, Ontario Ll K 1 Al
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MEM-AREA OF PROPOSED REZONING
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