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HomeMy WebLinkAboutPD-75-85 4 File Ra,._,7 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB UO TEL.(416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF JUNE 3, 1985 REPORT NO. : PD-75-85 SUBJECT: AMENDMENT TO ZONING BY-LAW 84-63 PRESTON TRANSPORT OUR FILE: Pln. 4.1 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-75-85 be received; and * 2. That the attached amendment to By-law 84-63 be approved. BACKGROUND AND COMMENTS: On December 3rd, 1984 the General Purpose and Administration Committee approved the following resolution: #GPA-1045-84 "That as other errors or oversights are noted respecting By-law 84-63, that Staff be authorized to undertake all necessary actions required to correct the defects and then bring forward a report and appropriate amendments for Committee's consideration and approval ". On April 24th, 1985, as a result of a telephone enquiry, Staff were made aware of an apparent error in the zone designation of av°' pp g the lands occupied by Preston Transport. By-law 1587, of the "r V REPORT NO. : PD-75-85 Page 2 former Town of Bowmanville, zoned the subject lands "Ml-Industrial " which zoning included, as a permitted use, a transport depot. By-law 84-63 applies the same zoning classification "M1", however, transport depots are only permitted in "M2" zones since such operations usually require extensive outside storage of transport vehicles. The effect of the present zoning designation is to make the transport depot legally non-conforming and expansion would be prevented except through an approval of the Committee of Adjustment. Staff note that the subject lands are designated "Industrial" by both the Durham Regional and Bowmanville Official Plans and while the Official Plans generally discourage the location of this type of use adjacent to residential neighbourhoods, the Town does have the authority, pursuant to Section 16.6.5 of the Regional Official Plan, to zone to permit the continuation, expansion or enlargement of existing uses. While it was not Staff's intention to down zone the subject lands, this has inadvertently occurred. Council may, at their sole discretion reinstate a zoning to permit a transport depot on these lands provided that Council is satisfied that there will be no adverse effect on the present uses of the surrounding lands or the implementation of the provisions of the Official Plan. At this point in time, Staff are not aware of any complaints or objections associated with the existing use, and are therefore recommending that an appropriate zoning designation be added to the lands to recognize the use as a transport depot. Respectful tted, r T.T. Edwards, M.C.I.P. Director of Planning TTE*j i p *Attach. April 26, 1985 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 85- being a By-law to amend By-law 84-63, as amended, of the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend By-law 84-63 as amended in order recognize a legally existing transport depot. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: I. Section 23.3 SPECIAL EXCEPTIONS - LIGHT INDUSTRIAL (M1) ZONE is hereby amended by adding thereto the following new Special Exception 23.3.4 as follows: "23.3.4 LIGHT INDUSTRIAL EXCEPTION M1-4 ZONE Notwithstanding Section 23.1 those lands zoned M14 on the schedules to this By-law, in addition to the uses permitted in the M1 zone, may also be used for a cartage or transport depot and yard". 2. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing to "M14' the zone designation of the lands indicated as "ZONE CHANGE TO "M14" as indicated on the attached Schedule "X" hereto. 3. Schedule "X" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 1985 i BY-LAW read a second time this day of 1985 BY-LAW read a third time and finally passed this day of 1985. __NAY6R CLERK This • is Schedule "X" to By-law 85- , passed this day of , 1985 A.D. LOT 14 CONCESSION I 200.042 0 O a z o N c o g Q 202.515 BASE LINE ROAD ® ZONE CHANGE TO " M 1- 4" 0 26 50 IOOm Mayor 25m 10 0 Clerk LOT 16 LOT 15 LOT 14 LOT 13 LOT 12 A ` 1 RRj� 1 R^•3� � R- 0 ( ��� r R s I M2-1 W R2 �\�J I 1 i O Z q 1 1 �� P W o \ & w v , R2 1 z a = Z0 • � I U EP o-+)MI3 (H)RI O � (H)C5 EP I o x (H)MI (H)c5 co j EP -- 11 F BOWMANVILLE 1 0�5L0100i200�0 300. 50m 0