HomeMy WebLinkAboutPD-269-88 PAR: REPORT
TOWN OF NEWCASTLE
REPORT File #
74/
Res. # 77 Y
'7'7 9-
By-Law #
MEETING: General Purpose and Administration Committee
DATE: Monday December 12, 1988
REPORT #: PD-269-88 FILE #: DEV 88-98
SUBJECT: REZONING APPLICATION - OSHAWA COMPETITION MOTORCYCLE CLUB
PART LOT 32, CONCESSION 9, FORMER TOWNSHIP OF DARLINGTON.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-259-88 be received; and
2. THAT the rezoning application submitted by Arnold Buchanan on behalf of
Oshawa Competition Motorcycle Club, to permit the continuation of
motorcycling and club competitions on a 22.6 hectare parcel, be referred
back to staff for a subsequent Staff Report to allow the applicant to
safisfy the concerns of the Conservation Authority; and
3. THAT the applicants be so advised.
1. BACKGROUND
1.1 On September 9, 1988, the Planning and Development Department received an
application from Arnold Buchanan submitted on behalf of Oshawa Competition
Motorcycle Club, to amend By-law 84-63. The By-law amendment, if approved,
would change the present "Extractive Industrial (M3)" zone on a 22.6
hectare parcel to permit off-road motorcycle practises and club
competitions.
2....
11v
REPORT NO. : PD-269-88 PAGE 2 (K)
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1.2 Staff would note for the Committee's information that the application was
submitted as a result of violations to By-law 84-63 and the previous By-law,
being By-law 2111 of the former Township of Darlington. The lands have been
used by the club for practises and club competitions for approximately six
(6) years. Notwithstanding the time the use has been carried out the use is
not permitted under the 11M311 zoning in By-law 84-63. In addition, within
By-law 2111, the lands were zoned "Agricultural". Section 11(a) , entitled
"Uses permitted", Staff would note that under the term of recreational,
parks, playgrounds, riding stables, curling rinks and golf courses are
permitted. In consideration of the definition of the above-noted terms, it
would appear that the present use of the subject property would not comply
with the uses listed within the "Agricultural" zone. In that regard, the
use would have no legal non-conforming status, therefore is illegal and thus
an amendment is required.
1.3 In review of the application, Staff have noted that there are currently no
structures on the subject lands and there are no structures, driveways,
parking spaces proposed.
2. LOCATION
2.1 The subject lands are located on the south side of the road allowance
between Concessions 9 and 10, known as Concession Road 10, being the north
half of Part Lot 32, Concession 9, former Township of Darlington.
3. PUBLIC NOTICE
3.1 Staff would note for the Committee's information that, pursuant to Council's
resolution of July 26, 1982 and the requirements of the Planning Act, the
appropriate signage acknowledging the application was installed on the
subject lands.
3.2 As a result of the public notice, Staff have received a number of telephone
complaints from abutting land owners. Residents were basically concerned
with the noise problems as well as a loss of wildlife habitat as a result of
use.
3. . .
REPORT NO. : PD-269-88 PAGE 3
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4. CIRCULATION
4.1 on accordance with departmental procedures, the application was circulated
to obtain comments from other departments and agencies. Staff would note
the following departments/agencies in providing comments, offered no
objections to the application as filed:
- Town of Newcastle Fire Department
- Regional Health Department
- Regional Works Department
- Ministry of Natural Resources
- Ministry of Agriculture and Food
4.2 The Town of Newcastle Public Works Department offered no objection to the
proposal, however requires that the applicants contribute to the costs of
upgrading Concession Road 10 in accordance with Town Policy.
4.3 The Central Lake Ontario Conservation Authority noted some concerns with
respect to the application. Authority Staff have noted that a number of the
trails used traverse some areas of environmental sensitivity and because of
the soil qualities in the area, sands, till and gravel, the lands are highly
susceptible to erosion. The Authority has discussed with the applicants
the possibility of the submission of an Environmental Impact Study to adress
some concerns.
4.4 The Region of Durham Planning Department noted that the subject property
is disignated Major Open Space and Environmentally Sensitive in the Durham
Regional official Plan. Section 12.2.2 of the plan permits recreational uses
uses provided such recreational uses are compatible with their surroundings
and conform to the intent of the Regional Official Plan. In addition,
Section 1.3.9 on Environmental Sensitivity requires the preparation of a
study to address the implications of these lands.
. . .4
REPORT ND. : PD-269-88 PAGE 4 ~
_______________________________________________________________________________
5. I00:
This report is prepared for the purpose of facilitating a Public Meeting in
accordance with the Planning Act. Given this, and in consideration of the
omuoeroa of the Conservation Authority, Staff would recommend the
application be referred back to Staff for a subsequent Staff Report.
Respectfully submitted, Recommended for presentation
to the Committee
-----------------
Franklin Wu, M.C.I.P. Lawrence
utaeff
Director of Planning & Development Chief & cativ
e Officer
[ {V*FWw ' '
*Attach.
November 30, 1988
DC: Mc. Arnold Buchanan
891 Walton Court
WHITBY, Ontario
Ll0 7R5
CC: Hamilton and 8ellefoutaioe
Barristers 6 Solicitors
P.O. Box 39, l Division Street
B[WMANVZLL8' Ontario
LIC 3K8
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CONCESSION 8 CONCESSION 9 CON.10