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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 KOK 1SO SUBJECT SITE i 1 1 'A t M 00 EP SCHEDULE '15' REGIONAL•'ROAD 9 (KIRBY) ,. Al , 1 i I i i ca A Z 1 f , I , I t 1 1 O A I -1' i 'A I i ; W 1 i z o E t ( t I 1 TAUNTON ROAD A MI.2 SEE i t t z SCHEDULE Al N A (ORONO) i W E i i t EP I z 1 t I O t A-1 , � 1 1 LOT31 30 29 28 27 26 25 24 23 22 21 LOT 20 0 250 500 1000M KEY MAP 500(" 00