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HomeMy WebLinkAboutPD-267-88 DN: 267-88 TOWN OF NEWCASTLE liv REPORT File # s 7, Res. # -- - - - 4 `� By-Law # 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 i 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 i REPORT NO. : PD-267-88 PAGE 2 ------------------------------------------------------------------------------- 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. 3 REPORT NO. : PD-267-88 PAGE 3 ------------------------------------------------------------------------------- 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. 4 REPORT 00. : I93-267-88 PAGE 4 ____ ____________________________________________________ 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 R.R. #1 O}B}0Ov Ontario LOB IMU SUBJECT SITE 35134133 32131 26 25 o SEE \EP , SC (ORONO) ,13, I tl� , A � Z A ; _ QO CONC. 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