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HomeMy WebLinkAboutPD-232-88 DN: 232-88 TOWN OF NEWCASTLE 1 k REPORT File # , Res. # ` By-Law # i MEETING: General Purpose and Administration Committee DATE: Monday, October 31, 1988 REPORT #: PD-232-88 FILE #: DEV 88-76 (X/REF: DEV 88-97) SLEJECT: REZONING APPLICATION - CROTHERS PROPERTIES LIMITED PART LOT 27, BROKEN FRONT CONCESSION, FORMER TWP. OF DARLINGTON OUR FILE: DEV 88-76 (X/REF: DEV 88-97) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-232-88 be received; and 2. THAT the application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Mr. R.F. Worboy on behalf of Crothers Properties Limited, be approved to confirm the existing "General Industrial (M2)" zoning of the subject lands; and i 3. THAT a copy of Council's decision be forwarded to the applicant and the interested parties indicated hereto. 1. BACKGROUND 1.1 In June, 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 R.Worboy on behalf of Strikeman, Elliott who is representing Crothers Properties Limited. The rezoning application is to confirm the "General Industrial (M2)" zoning of a 1.57 ha (3.89 acre) parcel of land south of Courtice Court and-west-of--McKnight_Road-,--iaa-Part--Lot--2-7,--Broken-Front--Concession,--form re _. Township of Darlington. . . .2 /K [y� REPORT K0. : PD-232-88 PAGE 2 - _______________________________________________________________________________ 1.2 The application submitted by Czotbera was in attempt to satisfy themselves that the entire subject property (Parts 29, 30, 31 6 32, Plan 10R-708 save and except Parts G & 7, Plan I0D-2455) is zoned appropriately to allow outside storage. Prior to filing the subject application, Crotbers' agent had received several verbal assurances from Planning Staff, including the Director of Planning & Development, as well as written confirmations, that the subject property was totally within the "General Industrial (M2) " zone, allowing outside storage. 1.3 The proponent has questioned the Zoning of the property for fear that a portion of the rear of the lot may fall within the "Light Industrial (y0I)» zone. When the depth of the lot is scaled in comparison to the zone boundary line on Schedule I, it would appear that a rear portion of the lot falls within the "Light Industrial (Ml)" zone. However, Staff note that mqoe boundaries are only guidelines. Section 26.3(b) of By-law 84-63 states: "Where the boundaries of any zone, as shown on the attached schedules are uncertain, the following provisions shall apply: b. Where a zone boundary is indicated as approximately following lot lines abovml on a registered plan of subdivision or Iota registered in the appropriate ( Registry Office or Land Titles Office, the tmoodazy obaII follow such lot lines." Staff has interpreted this provision as being applicable in terms of the zone boundary following the rear lot line of the subject lot. 1.4 Staff further note a Site Plan Application has since been submitted by J\obIv Construction (DEV 88-97) for the subject property. The application is to construct an equipment sales and service establishment. The Site Plan application has been in circulation and pending receipt of several outstanding comments, Staff will be in o position to prepare o Site DIau Agreement. The Committee should note that Council has authorized the issuance of foundation permit subject to certain conditions to be met by the applicant. - / REPORT N0.: PD-232-88 PAGE 3 _______________________________________________________________________________ 2. OFFICIAL PLAN CONFORMITY Within the Durham Regional Official Plan the subject property is designated "Industrial". Section 8.4.3.3 of the Durham Regional Official Plan requires an Engineering Report be prepared, prior to development taking place on lands without municipal water and sewer. The Report should indicate that there is an adequate supply of potable water, the method of fire pnztentimo to be used, and that soil conditions permit the installation of a private waste disposal system. The applicant has been made aware tbruoob the site plan application of ` this requirement. ]. CIRCULATED AGENCIES 3.1 To date, comments remain outstanding from six (6) of the circulated agencies: Regional Planning; Regional Public Works; Regional Health; Miuiotzl, of Transportation; Ministry of the Environment; and Ontario BvdcV. 3^2 The agency comments which have been received to date have not raised any objection to the application. However, some have noted they will ( comment further when the Site Plan is circulated. 4. STAFF COMMENTS 4.1 As noted pzeviuosIl/v comments received to date offered no objection to the subject site being zoned "General Industrial (M2)o'. Although not all the agencies have submitted comments to date, given the circumstances surrounding this application, Staff are of the opinion there is no need to prolong the processing of this application. 4.2 Staff are satisfied that the intention of By-law 84-63 is to include the v�zoIe of the subject property within the '`Qeoezml Industrial (M2) 11 zone. Since an application has been made to confirm this zoning, ---------__---- -'-- --'- --'--'-- -' -----'- ------------_-' --------------------_'_----'.�___------_ - /x�/ REPORT 00.: PD-232-88 PAGE 4 -(� `/~ _______________________________________________________________________________ Staff would cenoomneot that a By-law be passed to oIazitv the limit of the "General Industrial (M2) " zoning, as being the rear property line of the applicant's holdings (Parts 29,30,31 6 32 of Plan I0B_708) . Respectfully submitted, Recommended for presentation to the Committee _________ � Franklin Wu, �4.C.I.P. Lawrence eff Director of Planning 6 Development Chief A��i zotive officer CD*EW* 'il? *Attach. October 20, 1988 CC: Crotheza Properties Limited c/o 8tzikeoau 6 Elliott 1400 Commerce Court West TORONTO, Ontario M5[ IB9 -/� Mz. D. F. Worboy Worbuv, Russell Barristers 6 Solicitors P.O. Box 31 153 Siovzoo Street North ( OSBJQWA/ Ontario LlB 7KO R.D. Evans Czutbers Properties Limited One 2zotbero Drive P.U. Boo 551I CONCORD, Ontario L4K IE2 Rick Gay Ashley Construction 103 Athol Street East OSBJWA, Ontario LlB IJ8 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, by adjusting the zone boundary line in order to more accurately reflect the rear yard property line of the subject property. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Schedule 111" to By-law 84-63, as amended, is hereby further amended 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 ACTING CLERK i I i i This is Schedule X to By-law 88- . passed this day of , 1988 A.D. coURTICE covRF 1 6858 1 62.48 1 66.52 Q N � M O � N l'A _ V I—i 131-07 ® M2 0 25 50 loom Mayor 25 15 5 Clerk 30 29 28 27 26 8 OR O Q� Z 3 �I1 o Y (1) w oil _j a Z X ZII o le s _'' O a - � Z HIGH WAY N= q 01 1��,,,�� 0 Y50 500 MOM. - Former Township of DARLINGTON m 5oom w t