Loading...
HomeMy WebLinkAboutPD-140-84 REPORT # 2 I 4 i 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 .. .2 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, . . .3 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 i 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. . ..4 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 . i 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 i MEM-AREA OF PROPOSED REZONING I 0 b HVV'( tVo N=.= =o is y I ,a 1 IOR 1535 L=y J CONC, 2. PAR , z LOT 34 0 �Iw 0... co j Q• O KEY MAP NOT TO-SCALE o s - ' i