HomeMy WebLinkAboutPD-267-88 DN: 267-88
TOWN OF NEWCASTLE
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REPORT File # s
7, Res. #
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MEETING: General Purpose and Administration Committee
DATE: Monday, December 12, 1988
REPORT #: PD-267-88 FILE #: DEV 88-19
SURJECT: REZONING APPLICATION - 506203 ONTARIO LIMITED
PART LOT 281 CONCESSION 41 FORMER TWP. OF CLARKE
OUR FILE: DEV 88-19
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RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-267-88 be received; and
2. THAT the application to amend the Town of Newcastle Comprehensive Zoning
By-law 84-63, as amended, submitted by 506203 Ontario Limited, to develop a
new Recreational Vehicle Sales and Service Enterprise, be DENIED; and
3. THAT a copy of Council's decision be forwarded to the applicant and the
interest parties indicated hereto.
1. BACKGROUND
1.1 In February, 1988, the Town of Newcastle Planning and Development Department
received an application to amend the Town of Newcastle Comprehensive Zoning
By-law 84-63, as amended. The application was submitted by Kenneth Allen on
behalf of 506203 Ontario Limited. The rezoning would permit the development
of 0.92 ha (2.26 acre) parcel of land through Site Plan Agreement on the
east side of Highway 35/115 and north of Concession Road #4.
. ..2
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REPORT NO. : PD-267-88 PAGE 2
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1.2 The application proposes the development of a new Recreational vehicle
Sales and Service Enterprise located on the east side of Highway
35/115. The proposed site is immediately south of and adjacent to the
All Seasons Holiday Trailer and Recreational Vehicle Sales.
1.3 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 and, surrounding property owners
were advised of the proposal.
2. OFFICIAL PLAN CONFORMITY
2.1 Within the Durham Region official Plan the subject property is
designated "Permanent Agriculture Reserve". The existing Recreational
Vehicle Sales and Service operation immediately to the north exists as
a legal non-conforming use. Pursuant to Section 8.3.3.2 of the
Regional official Plan, existing Special Purpose Commercial uses not
designated by the Plan may be recognized in the Zoning By-law.
2.2 Special Purpose Commercial Areas are subject to the policies of
Section 8.3 of the official Plan. Section 8.3.2.2 states that Special
Purpose Commercial Areas shall not be permitted to create or extend an
existing strip of commercial development. The only exception to this
is in consideration of a consolidation into a Node. However, as the
submitted site plan does illustrate common internal traffic
circulation and common ingress or egress for traffic, the proposed
development 'would not appear to conform to the Official Plan
provisions.
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REPORT NO. : PD-267-88 PAGE 3
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3. CIRCULATED AGENCIES
3.1 To date, comments remain outstanding from four (4) of the circulated
agencies: Regional Public Works Department; Regional Planning
Department; Ministry of Environment and Ontario Hydro.
3.2 Ministry of Agriculture and Food Staff are concerned with the close
proximity of a horse barn approximately 36.5m (120 ft.) from the
proposed building and only 2.75m (9 ft.) from the property line.
Ministry Staff hav enoted that the Agriculture Code of Practice
requires a separation distance of 130.Om (430 ft.) .
3.3 The Ministry of Transportation Staff have noted that they will not
support a commercial entrance to serve the proposed use, nor will they
allow the existing entrance to be upgraded to a commercial entrance
standard.
4. STAFF COMMENTS
4.1 In reviewing the above-noted comments, Staff note the Ministry of
Transportation will not permit a new commercial entrance on to the
35/115, nor will they allow the existing access to be upgraded to a
commercial entrance standard. In addition, the Ministry of
Agriculture and Food Staff concerns with the conflict between the
Agriculture Code of Practice and the separation between the horse barn
and proposed building would serve as a further objection to this
application.
4.2 As noted earlier it would appear that this application is also in
conflict with the Regional official Plan, although Regional Planning
Staff comments are not available to further support Town's
interpretation. Verbal comments from Regional Planning Staff also
note non-conformity to the Official Plan.
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REPORT 00. : I93-267-88 PAGE 4
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5~ RECOMMENDATIONS
5.1 In consideration of the above-noted cmnnneuta' in particular, the
couoecuo expressed by Ministry of Agriculture and Food Staff; the
objection to a commercial mcoeaa to the Hwy. 35/II5 by the Ministry of
Transportation; and the non-conformity to the Durham Regional Official
Plan, Staff are not in a p000itiou to support said application.
Therefore, it to recommended that the application be DENIED.
Respectfully submitted, Recommended for presentation
to the Committee
( /
__________-____
Franklin Wu, �8.C.I"P. euoa �. tmeff
Director of Planning & Development Chief ��miu��t�at�ve O��ioec
Cp*Fw* 'ip
*Attach.
November 39, I988
CC: y8c. Ken Allen
506303 Ontario Limited
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