HomeMy WebLinkAboutPD-126-88 DN: 126-88
TOWN OF NEWCASTLE
REPORT File #
` Res. #
_ - �: �• By-Law #
MEETING: General Purpose and Administration Committee
DATE: Monday, June 6, 1988
REPORT #: PD-126-88 FILE #: DEV 88-36 & OP 2.2.1(8)
SUB�CT: REZONING APPLICATION AND NEIGHBOURHOOD DEVELOPMENT PLAN AMENDMENT
APPLICANT: KEN SIMARD
PART LOT 34, CONCESSION 2, FORMER TWP. OF DARLINGTON
OUR FILES: DEV 88-36 AND OP 2.2.1(8)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-126-88 be received; and
2. THAT the applications submitted by Mr. Ken Simard to amend By-law 84-63,
being the Town's Comprehensive Zoning By-law and the Courtice West
Neighbourhood Plan to permit the development of a 2,165 sq.m. parcel of
land in conjunction with a .7 hectare parcel abutting Highway No. 2 for a
motor vehicle dealership be approved and the appropriate by-law and
Neighbourhood Plan Amendment be forwarded to Council for approval; and
3. THAT the applicant's request for deletion of fencing requirements be
denied; and
4. THAT the Site Plan Agreement between Kenyon Allen Simard and the Town of
Newcastle be amended to reflect the revised fencing location as stated in
Report PD-126-88 in consideration of the additional lands being added to the
total holdings; and
5. THAT the applicant be so advised.
. . .2
REPORT 00. : PD-126-88 PAGE 2
_______________________________________________________________________________
I" 8ACKQID]O0D:
1.1 On April 14, I988, the Planning Department received an application to
amend the Couctioe West Neighbourhood Development PImu and 8y-law
84-63' the Town's Comprehensive Dmuiug By-law, by Mr. Ken Simard. The
applications seek to permit the melding of a 2'165.35 og.m. parcel of
laud with a .7 hectare parcel immediately to the uuctb fronting on
Highway 0V. 2.
3. COMMENTS:
3.1 The subject lands are designated "Special Purpose Commercial Node"
within the Couctioe Major Urban Area by the Town of Newcastle Official
Plan. Within the Couctice Went Neighbourhood Development Plan the
lands are presently within the "Residential" designation. The
designation moot be amended to commercial in order to permit the
melding of the lands and use for a oar dealership in conjunction with
the lands fronting on Highway 0b. 2.
3.2 The subject lands are zoned "Holding-Urban Residential Type One
( (8)Ill)" within By-law 84-63. The applicant cegomota that the lands be
/
rezoned to "Special Purpose Commercial" and be developed jointly for
the motor vehicle dealership.
3.3 Pursuant to Council's resolution of July 26, 1983 and the requirements
of the Planning Act, the appropriate oiguage acknowledging the |
application was placed on the subject lands.
3.4 In accordance with departmental procedures, the applications were |
circulated to obtain comments from other departments and agencies. The '
following Departments offered no objections:
- Town of Newcastle Building Department
- Town of Newcastle Fire Department
- Central Lake Ontario Conservation Authority
- Ministry of Agriculture and Food
- Regional Works Department
- Ministry of Transportation �
/
- Durham Regional Health Unit
REPORT NO. : PD-126-88 PAGE 3
-------------------------------------------------------------------------------
2.5 The Town of Newcastle Public works Department offered no objections in
principle to the proposal subject to the Site Plan 'matters being
resolved through the site plan procedures.
Staff would note that the Works Department provided comment in respect
of site plan matters to be dealt with through the site plan approval
process. Briefly it was noted that:
1) the applicant be required to construct a 1.5 metre sidewalk on
Highway No. 2;
2) the site drainage be contained, collected and disposed of by means
of a storm sewer connection to Highway No. 2;
3) ideally, a barrier around the perimeter of the site is installed to
contain the drainage.
The applicant has requested that he be permitted to construct this
barrier as an earthern berm. Works Department Staff are presently
reviewing this request and find that, in addition to the berm, a
boulevard for snow storage purposes is required that drains to the
paved area and into the storm sewer. This matter is presently being
reviewed by the applicant's Engineer and Staff shall review same as
soon as the proposal is resubmitted.
3. SITE PLAN AGREEMENT: .
3.1 The Site Plan Agreement presently requires the installation of fencing
(masonry and wooden) along the rear lots of the present holdings. This
fencing was warranted as the adjacent properties are designated for
residential development; i.e. Bolahood proposal to the east and Low
Density designation to the south.
3.2 In consideration of the development constraints to the applicant's
overall site, being a difference in grade to the rear and east side of
the property, as shown on the site plan with a 2:1 embankment, the
applicant has requested that the fencing requirements be deleted from
4
REPORT 00. : PD-I26-88 PAGE 4
_______________________________________________________________________________
the Agreement. In addition, the applicant felt that absence of fencing
would afford better highway exposure of his car dealership. Concerns
were expressed by the applicant that fencing would increase the risk of
vandalism and further cause security problems.
3.3 It is Staff's opinion that fencing requirements are still warranted.
However, in consideration of the 3:1 grade at the ceoc of the property,
Staff suggest a modification of the fencing location be located within
the landscaped portion along the top of the berm at the rear.
3.4 This location would provide the necessary screening from the adjacent
residential designations as well as address the noucecoa of the Works
Department pertaining to snow storage taking plane on the site, thereby
controlling run-off.
3.5 Staff would note that an appropriate amendment to the Development
Agreement would be necessary to address the change in the siting of the
fence requirements as previously approved as well as requiring similar �
fencing to be provided within the landscaped area along the rear and
easterly limits of the, to be acquired, lands as defined in the present
applications.
4. CONCLUSIONS:
4.1 Staff, in consideration of the applications submitted and comments
received, would have no objections to the approval of same, thereby !
amending the Couctioe West Neighbourhood Development Plan and By-law
84-63.
4.2 Staff, an noted above, could not support the applicant's request for
deletion of the fencing requirement gozouaut to the develoSmxsut. Staff
. . .5
REPORT 0O. : 9D-125-88 DJ&GO 5 ~-
-------------------------------------------------------------------------------
is of the opinion that the required fencing will provide a needed
obvaioaI separation between two conflicting land uses, i.e. the car
dealership and the abutting residential uses.
Respectfully submitted, Recommended for presentation
to the Committee
-------------------------- �-7---�--- ---------------
Franklin Wu � wrence taeff
Director of Planning 6 Development Chief Adm u rative Officer
FW*jip \/
*Attach.
May 20, 1988
APPLICANT: Mc. Ken Simard
496 Taunton Road East
O88AWA, Ontario �
LlB 7K5
/
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AREATO BE
- - ---..
REZONED
LOT 35 , C 2
DEVm 88-36
DN: HRl/C5
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 88-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law of
the Corporation 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, of the Corporation of the Town
of Newcastle.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Town of Newcastle enacts as follows:
1. Schedule 114" to By-law 84-63, as amended, is hereby further amended
by changing the zone designation from "Holding - Urban Residential Type One
((H)Rl)" to "Special Purpose Commercial (C5)" Zone as shown on the attached
Schedule "X" hereto.
2. Schedule "X" attached hereto shall form part of this By-law.
3. 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 1988
BY-LAW read a second time this day of 1988
BY-LAW read a third time and finally passed this day of
1988.
MAYOR
CLERK
I
I
This is Schedule X to By-law 88 --,
passed this —. day of , 19 8 8 A.D.
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DN: PD-126
OTHER BUSINESS
TOWN OF NEWCASTLE
REPORT File #
Res. # �
-- ¢ By-Law #
METING: COUNCIL
DATE: Monday, June 13, 1988
REPORT #: ADDENDUM TO PD-126-88 FILE #: DEV 88-36 & OP 2.2.1(8)
SURJECT: REZONING AND NEIGHBOURHOOD DEVELOPMENT PLAN APPLICATIONS
APPLICANT: KENYON ALLEN SIMARD
OUR FILES: DEV 88-36 AND OP 2.2.1(8)
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
1. THAT Addendum to Report PD-126-88 be received; and
2. THAT Reports PD-126-88 be lifted from tabled; and
3. THAT the recommendations contained in Report PD-126-88 be approved, save
and except that Recommendation No. 4 be amended to read as follows:
"THAT the Site Plan Agreement between Kenyon Allen Simard and the Town
of Newcastle be amended to require the erection of a 6 foot high
privacy wood fence along the easterly and southerly boundaries of
the entire property."
1. BACKGROUND:
1.1 Report PD-126-88 was referred by the General Purpose and Administration
Committee to Staff for a further report to Council.
. . .2
i
ADDENDUM TO REPORT PD-126-88 PAGE 2
-------------------------------------------------------------------------------
2. COMMENTS:
2.1 Mr. Simard appeared before the General Purpose and Administration Committee
and indicated that he is not in agreement with Staff's recommendation with
respect to the fencing requirement.
2.2 Staff met with Mr. Simard and explained the rationale behind the fencing
requirement. During the meeting, Staff advised Mr. Simard that the
appropriate location of the fence would be along the property boundary, as
opposed to the top-of-the-berm location previously recommended in Report
PD-126-88. Mr. Simard is not convinced that fences are required despite an
explanation that the fences serve to provide both visual and physical
barriers between in-compatible commercial and residential uses.
2.3 For the information of Council, the orginal Site Plan Agreement called for
fencing along the south and east boundaries of the property. The
additional land being acquired by Mr. Simard does not create any additional
fencing.
2.4 Staff maintain that the fencing requirement is essential in the public
interest and shall not be deleted.
Respectfully submitted, Recommended for presentation
to the Committee
/ -a= --------------
en� ce E
Franklin Wu Kotseff
Director of Planning & Development Chief m' istrative Officer
FW*jip
*Attach.
June 7, 1988
DN: 126-88
TOWN OF NEWCASTLE
REPORT
j C� File # , �-
! r� Res. #6 PA
1'
s :a By-Law #
MEET IWJ: General Purpose and Administration Committee
DATE: Monday, June 6, 1988
REPORT #: PD-126-88 FILE #: DEV 88-36 & OP 2.2.1(8)
SUUCT: REZONING APPLICATION AND NEIGHBOURHOOD DEVELOPMENT PLAN AMENDMENT
APPLICANT: KEN SIMARD
PART LOT 34, CONCESSION 2, FORMER TWP. OF DARLINGTON
OUR FILES: DEV 88-36 AND OP 2.2.1(8)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1.' THAT Report PD-126-88 be received; and
2. THAT the applications submitted by Mr. Ken Simard to amend By-law 84-63,
being the Town's Comprehensive Zoning By-law and the Courtice West
Neighbourhood Plan to permit the development of a 2,165 sq.m. parcel of
land in conjunction with a .7 hectare parcel abutting Highway No. 2 for a
motor vehicle dealership be approved and the appropriate by-law and
Neighbourhood Plan Amendment be forwarded to Council for approval; and
3. THAT the applicant's request for deletion of fencing requirements be
denied; and
4. THAT the Site Plan Agreement between Kenyon Allen Simard and the Town of
Newcastle be amended to reflect the revised fencing location as stated in
Report PD-126-88 in consideration of the additional lands being added to the
total holdings; and
5. THAT the applicant be so advised.
_ . . .2
REPORT 0O. : PD-I26-88 PAGE 2
`
_______________________________________________________________________________
I. BACKGROUND:
1.1 On April 14, 1988, the Planning Department received an application to
amend the Coortice West Neighbourhood Development Plan and By-Ian
84-63, the Town's Comprehensive Zoning By-law, by Mr. Ken Simard. The
applications seek to permit the melding of a 2,165.35 ag,m. parcel of
land with a ^7 hectare parcel immediately to the north fronting on
Highway 0o. 3^
2. COMMENTS:
' 2.1 The subject lands are designated "Special Purpose Commercial Node"
within the Courtice Major Urban Area by the Town of Newcastle Official
Plan. \4itblo the Courtine West Neighbourhood Development Plan the
lands are presently within the "Residential" designation. The
designation must be amended to oononecoiaI in order to permit the
melding of the lands and use for a car dealership in conjunction with
the lands fronting on Highway 0o. 3.
2.2 The subject lands are zoned "Holding-Urban Residential Type One
( (B)Rl)" within By-law 84-63. The applicant requests that the lands be
rezoned to "Special Purpose Commercial" and be developed jointly for
�
the motor vehicle dealership.
2.3 Pocaomot to Council's resolution of July 26, 1982 and the requirements
. of the Planning Act, the appropriate oiguage acknowledging the
'
'
application was placed on the subject lands.
3.4 In accordance with departmental procedures, the applications were
circulated to obtain comments from other departments and agencies. The
following Departments offered on objections:
- Town of Newcastle Building Department
� - Town of Newcastle Fire Department
- Central Lake Ontario Conservation Authority
- Ministry of Agriculture and Food
- Regional Works Department
- Ministry of Transportation
- Durham Regional Health unit
^ . .3
REPORT NO. : PD-126-88
PAGE 3
--------------------------------------------------
2.5 The Town of Newcastle Public Works Department offered no objections in
principle to the proposal subject to the Site Plan matters being
resolved through the site plan procedures.
Staff would note that the Works Department provided comment in respect
of site plan matters to be dealt with through the site plan approval
process. Briefly it was noted that:
1) the applicant be required to construct a 1.5 metre sidewalk on
Highway No. 2;
2) the site drainage be contained, collected and disposed of by means
of a storm sewer connection to Highway No. 2;
3) ideally, a barrier around the perimeter of the site is installed to
contain the drainage.
The applicant has requested that he be permitted to construct this
barrier as an earthern berm. Works Department Staff are presently
reviewing this request and find that, in addition to the berm, a
boulevard for snow storage purposes is required that drains to the
paved area and into the storm sewer. This matter is presently being
reviewed by the applicant's Engineer and Staff shall review same as
soon as the proposal is resubmitted.
3. SITE PLAN AGREEMENT:
3.1 The Site Plan Agreement presently requires the installation of fencing
(masonry and wooden) along the rear lots of the present holdings. This
fencing was warranted as the adjacent properties are designated for
residential development; i.e. Bolahood proposal to the east and Low
Density designation to the south.
3.2 In consideration of the development constraints to the applicant's
overall site, being a difference in grade to the rear and east side of
the property, as shown on the site plan with a 2:1 embankment, the
applicant has requested that the fencing requirements be deleted from
. . .4
~
REPORT 00. : PD-126-88 PAGE 4
_______________________________________________________________________________
the Agreement. In addition, the applicant felt that absence of fencing
would afford better highway exposure of his car dealership. Concerns
were expressed by the applicant that fencing would increase the risk of
vandalism and further cause security problems.
3.3 It is Staff's opinion that fencing requirements are still warranted.
However, in consideration of the 2:1 grade at the ceoc of the property,
Staff suggest a modification of the fencing location be located within
the landscaped portion along the top of the berm at the rear.
3^4 This location would provide the necessary screening from the adjacent
residential designations an well as address the concerns of the Works
Department pertaining to snow storage taking place on the site, thereby
controlling run-off.
3.5 Staff would note that an appropriate amendment to the Development
Agreement would be necessary to address the change in the siting of the
fence requirements as DcevinoaIv approved as well as requiring similar
fencing to be provided within the landscaped area along the rear and
easterly limits of the, to be acquired, lands as defined in the present
applications.
/
4. CONCLUSIONS:
4.1 Staff, in consideration of the applications submitted and comments
received, would have no objections to the approval of same, thereby
amending the Couctioe West Neighbourhood Development Plan and 8y-law
84-63.
4.2 Staff' as noted above, could not support the applicant's request for
deletion of the fencing requirement pursuant to the development. Staff
REPORT NO. : PD-126-88 PAGE 5
--------------------------------------._-----------._--._-----------------_-------
is of the opinion that the required fencing will provide a needed
physical separation between two conflicting land uses, i.e. the car
dealership and the abutting residential uses.
Respectfully submitted, Recommended for presentation
to the Committee
,�-- ---�-- Vo --------------
Franklin Wu YAwrence �nistrative- sef f
Director of Planning & Development Chief Adrn Officer
a
FW*jip
*Attach.
May 20, 1988
APPLICANT: Mr. Ken Simard
496 Taunton Road East
OSHAWA, Ontario
UH 7K5
F7
N° 2
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AREA TO BE
--- REZONED
LOT 35 , CONC. 2
DEVm 88-36
DN: HR1/C5
If
THE CORPORATION OF THE TOWN' OF NZWCASTLE
BY-LAW NUMBER 88-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law of
the Corporation 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, of the Corporation of the Town
of Newcastle,
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Town of Newcastle enacts as follows:
1. Schedule "4" to By-law 84-63, as amended, is hereby further amended
by changing the zone designation from "Holding - Urban Residential Type One
((H)R1)" to "Special Purpose Commercial (C5)" Zone as shown on the attached
Schedule "X" hereto.
2. Schedule "X" attached hereto shall form part of this By-law.
3. 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 1988
BY-LAW read a second time this day of 1988
BY-LAW read a third time and finally passed this day of
1988.
MAYOR
CLERK
This is Schedule "X" to By-law 88
passed this —day of 19 8 8 A.D.
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Mayor 1096420 Clerk
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