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