HomeMy WebLinkAboutPD-93-85 4 File f�o.µ �' ?jC.f
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 GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING
OF JUNE 17, 1985
REPORT NO. : PD-93-85
SUBJECT: APPLICATION TO AMEND DURHAM REGIONAL OFFICIAL PLAN
ELGIN NEY
PART LOT 26, CONCESSION 6, FORMER TWP. OF CLARKE
FILE: OPA 85-8/D
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1 . That Report PD-93-85 be received; and
2. That the Region of Durham be advised that the Town of
Newcastle recommends that Official Plan Amendment
Application 85-8/1), submitted by Mr. E. Ney, be
denied; and
3. That a copy of Council 's decision and Staff Report
PD-93-85 be forwarded to the Region of Durham and the
applicant.
. . .2
REPORT NO. : PD-93-85 Page 2
BACKGROUND:
On February 22, 1985, the Town was advised by the Region of Durham
Planning Department of an application submitted by Mr. Elgin Ney to
amend the Regional Official Plan to redesignate a 1 .89 hectare
parcel of land in Part of Lot 26, Concession 6, Clarke (see key map
* attached) to permit the development of a retail factory outlet.
The property is currently designated "Permanent Agricultural
Reserve" and zoned "A-1" by By-law 84-63. The site can be used as
a residential building lot with access from the road allowance
between Concessions 5 and 6, Clarke.
The subject property, together with the Dutch Oven Restaurant
property directly to the west, was rezoned to "Highway Commercial "
by the Council of the former Township of Clarke in December, 1968.
In 1976, the property was designated "Permanent Agricultural
Reserve" with the adoption of the Durham Regional Official Plan.
The property remained vacant and no commercial use had been
established by the time of Council 's consideration of By-law 84-63
during the summer of 1984. In accordance with Planning Act and
Regional Official Plan requirements to bring zoning by-laws into
conformity with the Official Plan, the property was zoned "A-1
Agricultural " by By-law 84-63. The applicant appealed the zoning
of his property; however, this appeal was submitted after the
expiry of the thirty-five (35) day appeal period for By-law 84-63
and the applicant did not appear as an objector at the recent
Ontario Muncipal Board hearing held in respect of By-law 84-63.
The Official Plan Amendment application was circulated to various
departments and agencies for comment by the Region and the Town.
No concerns or objections were identified by any of the agencies
circulated. The Ministry of Transportation and Communications
indicated that a commercial entrance permit was issued for the
subject property in April , 1968 for the purposes of a retail store.
The existing commercial entrance does not meet current commercial
. . .3
IU �c�
REPORT NO. : PD-93-85 Page 3
entrance standards and, in 1983 when Highway 35/115 was
reclassified as a limited access highway, M.T.C. entered into an
agreement with Mr. Ney, under which they agreed to maintain and
reconstruct the existing entrance to current commercial standards.
The applicant indicated at the time of submission of the
application that the proposed use of the subject property would be
for a factory outlet retail store. In response to a request by
Town Staff for clarification as to the types of merchandise which
he proposed to sell , the applicant indicated that the proposed
store would function as a clearance centre for factory closeouts
and would sell merchandise such as clothing, hardware, auto
accessories and household goods.
COMMENT:
The applicant has requested the redesignation of the subject
property for commercial uses in order to permit the restoration of
the "Highway Commercial " zoning which existed under Zoning By-law
1592 of the former Township of Clarke. The subject property, along
with the Dutch Oven Restaurant property immediately to the west,
was rezoned to "Highway Commercial" in December, 1968. The Dutch
Oven property was zoned "C4-Special Purpose Commercial " by By-law
84-63 to recognize the existing restaurant use on the site. The
subject property was zoned "A-1 - Agricultural " by By-law 84-63
because the property was vacant and no commercial use had been
established.
The subject property, as well as the Dutch Oven property, are
designated "Permanent Agricultural Reserve" by the Regional
Official Plan. Section 11 .2.2 of the Official Plan states that
lands so designated shall not be used for any purpose other than
agriculture and farm-related uses. Section 8.3.3.1 of the Official
Plan states however that existing Special Purpose Commercial uses
. . .4
REPORT NO. : PD-93-85 Page 4
may be recognized in the zoning by-law, as has been done in the
case of the Dutch Oven Restaurant and several other commercial
properties along Highway 35/115. The Official Plan (Section
8.3.2.2) further states that Special Purpose Commercial areas shall
not be permitted to create or extend an existing strip of
commercial development.
The intent of the Official Plan policies with respect to the
establishment of new commercial uses is to direct such uses to
urban areas and hamlets. The basis of these policies is to
discourage the establishment of urban uses in rural areas, thereby
protecting the rural land base from further erosion. The subject
Official Plan application, if approved, would create a Special
Purpose .Commercial node in conjunction with the Dutch Oven
Restaurant property contrary to Official Plan policy which states
that Special Purpose Commercial areas shall not be permitted to
create or extend an existing strip of commercial development.
Staff, again, emphasize that the establishment of new commercial
uses outside of urban areas or on controlled access highways is not
in accordance with good planning practice.
The Official Plan (Section 8.3.2.1) states that Special Purpose
Commercial uses shall serve specialized needs of residents on an
occasional basis with services and facilities which consume larger
parcels of land and require exposure to traffic. The Official Plan
(Section 8.3.2.1) further states that such activity shall be
encouraged to consolidate in nodes in accordance with good design
principles with specific emphasis on common internal traffic
circulation. Staff note that the list of uses for the property as
proposed by the applicant does not fall within the Official Plan's
definition of Special Purpose Commercial uses or the list permitted
uses given by Section 19.1 of By-law 84-63, the "C4-Special Purpose
Commercial " zone. The requested uses are more consistent with uses
. . .5
REPORT NO. : PD-93-85 Page 5
permitted under the "Cl-General Commercial " zone which are intended
to be located within urban areas. Staff also note that the
requested uses would not have been permitted under the Highway
Commercial zoning on the property as given by the Zoning By-law of
the former Township of Clarke. Staff further notes that, if the
application were approved and the Special Purpose Commercial node
established, the resulting node would not meet the Town 's design
requirements and policy with respect to common internal traffic
circulation and common access points of traffic.
The Ministry of Transportation and Communication has indicated that
an entrance from -the subject property to Highway 35/115 currently
exists. Staff do not feel that the existence of an entrance should
be used to justify the establishment of a commercial use on the
subject property. As well , Staff note that the permit for the
existing entrance, which was issued in April , 1968, was issued
prior to the property being rezoned to Highway Commercial . Given
the status of Highway 35/115, Staff do not feel that the addition
of a new commercial entrance represents good planning practice.
Based on the foregoing, it is recommended that the Region of Durham
be advised that the Town of Newcastle recommends that Official Plan
Amendment application 85-8/D, submitted by Mr. Elgin Ney be denied.
It is further recommended that a copy of this Staff Report and
Council 's decision be forwarded to the applicant and the Region of
Durham.
Resp submi ted,
T. . Edwards, M.C.I.P.
Director of Planning
JAS*TTE*jip
*Attach.
May 31 , 1985
Applicant: Mr. Elgin Ney
R.R. #3
COLBOURNE, Ontario
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