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HomeMy WebLinkAboutPD-211-86 (n) TOWN OF NEWCASTLE REPORT File # Res. # P• r - 7e37 By-Law # (SING: General Purpose and Administration Committee DATE: Tuesday, September .2, 1986 REPORT #: PD-2.11-86 FILE #: DEV 86-42 SUBJECT: REZONING APPLICATION - LYLE AND MARGARET WEST PART LOT 29, CONCESSION 5, FORMER TWP . OF CLARKE OUR FILE: DEV 86-42 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: I. THAT Report PD-211-86 be received; and 2. THAI Application for Rezoning DEV 6-42, submitted by Lyle and Margaret West, be * approved and the by-law to amend By-law 84-63, as amended, attached hereto be approved. I BACKGROUND AND COMMENTS: On July 4, 1986 Staff received .an application for rezoning and approval of site plans in respect of a proposed commercial development located in Part of Lot 29, Concession 5, geographic Township of Clarke, more commonly known as the Old Flax Mill located at 5414 Main Street, Orono. The subject application proposed the redevelopment of the existing buildin g the for h purposes of various commercial uses. . . .2 1 y REPORT NO.: PD-211-86 Page 2 As submitted, the application originally contemplated simple removal of the "Holding (H)" prefix which was put in place by By-law 86-41, however, upon review of the application, it became apparent that the applicant was proposing the development of the site using a private well as the means of water supply. As currently zoned by By-law 84-63, as amended, redevelopment of the subject parcel is only permitted on the basis of connection to the existing municipal water supply. In that regard the applicant was advised of the increased complexity of the application and the need for a full rezoning as opposed to removal of the "Holding" prefix only. By letter of July 11, 1986, Mr. West revised his application in order to include this consideration. The subject lands are located within the Hamlet of Orono and the Official Plan for the Town of Newcastle. Section 10.4.1 .1 of the Durham Regional Official Plan provides that, while the predominant land use in Hamlets shall be for residential purposes, limited commercial development intended to serve the immediate area may also be permitted subject to the inclusion of appropriate requirements in the respective Zoning By-law. As the Members of Committee may recall , the subject lands were part of a rather extensive by-law amendment which culminated in approval of By-law 86-41 in March of this year. As a result of concerns expressed by a neighbouring property owner, the subject lands were placed in a "Holding" category in order to address the specific site development concerns of that individual through review and approval of a Site Plan and execution of a Site Plan Agreement if required. In accordance with departmental practice, the subject application was circulated to various agencies and departments for their review and c onment. In addition and pursuant to the requirements of the Planning Act, a public information sign was erected on the property and a pre-circulation initiated to all property owners within 120 metres of the site. . . .3 REPORT NO.: PD-211-86 Page 3 As of the date of writing of this report, the following comments on the application have been received: Town of Newcastle Fire Department "No objection. Emergency fire response would be from Station #3, which is within an acceptable travel distance. An emergency access route is to be maintained to the rear of the building for fire vehicles." Town of Newcastle Building Department "Presently, there is an "Order to Comply" on this property. Complete detail drawings will be required prior to issuance of a building permit." Region of Durham Planning Department "Sanitary sewers are not available to the subject lands and there are no plans to extend such to Orono. Municipal water supply is available to the site through the extension of the existing 150mm diameter watermain on the east boulevard of the abutting Main Street/(dill Street intersection. Based on the previous request from Mr. Lyle West, the Works Department has advised him about the requirements and costs of his providing municipal water service to the property. Works Department Staff consider the application premature given that it is intended that ultimately watermains will be extended on Main Street from Mill Street. In the event the application is approved, it is requested that: a) the applicant convey at no cost a (future) watermain easement of a size and location satisfactory to the Region. b ) the applicant be required to hook up to any future watermain on Main Street. The Durham Regional Official Plan is silent on the provisions of municipal water supply for proposed developments within hamlets. However, Section 10.4.2.7 of the Plan provides that Regional Council , in co-operation with the area municipal Council and the Ministry of the Environment, shall continue to investigate the feasibility and desirability of providing municipal services to correct water and soil pollution problems within Orono. In this regard, it is recommended that the Town consult with the Durham Regional Health Unit and the Ministry of the Environment with respect to the development of this property on private services." . . .4 I go) REPURT NO. : PD-211-86 Page 4 Region of Durham Health Unit "Approval is subject to the following condition: - do not approve for any high water consumption land use, (ie restaurant, Laundromat, hair dressing establishment etc. )" The following agencies indicated no objection to the proposed rezoning and site plan: - Town of Newcastle Public Works Department - Ganaraska Region Conservation Authority. COMMENT: Staff note that the concerns identified by the Region of Durham with respect to the provision of municipal services and the Fire Department with respect to the provision of any emergency access route are matters that can be addressed through the Development Agreement with the applicant. Specifically, clauses requiring the dedication of a future watermain easement and the connection to municipal water when available can be included in the Agreement. Ac wel1� the Agreement can require that the well on-site be drilled. Staff also note that the Ganaraska Region Conservation Authority has issued permits for the fill being placed on the subject property. The Development Agreement can require the approval of the Conservation Authority with respect to any works on site. A Development Agreement with the applicant has not been finalized as of the writing of this Report. However, the applicant has been requested to submit more detailed site plans suitable for inclusion in a Development Agreement. Staff further note that a building permit can be withheld pending the registration of the Agreement and the satisfaction of requirements specified by the Agreement. . . .5 REPORT NO.: PD-211-86 Page 5 In response to the Health Unit comments, Staff have reviewed the non-residential uses permitted by the "General Commercial (Cl)" zone and have identified the high water consumption uses. Staff have prepared a * by-law (attached) which permits all uses in the "Cl" zone, save and except the high water consumption uses. Based on the above comments, it is respectfully recommended that Rezoning Application DEV 86-42 be approved, and that the by-law attached to this Report be forwarded to Council for approval . Respectfully s,0 i=tted, T.T. Edwards, M.C.I.P. Director of Planning JAS*T1'E*j ip *Attach. August , Applicant: Mr. Lyle West R.R. #2 OkONO, Ontario LOB 1MO THE CORPORATION OF THE TOWN OF NEWCASTLE - BY-LAW NUMBER 86- being a By-law to amend By-law 84-63, 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, of the Corporation of the Town of Newcastle. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: I. Section 16.5, "Special Exception - General Commercial (C1)" Zone is hereby amended by adding thereto, the following new Subsection 16.5.5 as follows: "16.5.5 GENERAL COMMERCIAL EXCEPTION (CI-5) ZONE Notwithstanding Section 16.1(b), those lands zoned "C1-5" on the Schedules to this By-law shall only be used for the following purposes: i) business, professional or administrative office ii) day nursery iii) dry cleaners distribution centre iv) taxi stand v) library vi) medical or dental clinic vii) parking lot viii) place of worship ix) printing or publishing establishment A) futall commercial establishment xi) school, commercial xii) service shop, light xiii) supermarket xiv) theatre xv) veterinary clinic Notwithstanding Section 16.4 aabove, on those lands zoned "C1-5" on the Schedules to this By-law, no building or structure may be erected and no use may be established in the "C1-5" zone unless the lot upon which it is situated is serviced by a private water system and a private waste disposal system which complies with the regulations of the Ministry of the Environment. 2. Schedule 13 to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "(H) General Commercial Exception C1-2 Zone" to "General Commercial Exception (C1-5) Zone", as indicated on the attached Schedule "X" hereto. 3. Schedule "X" attached hereto shall form part of this by-law. - z - 4. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Section 34 of the Planning Act, 1983. BY-LAW read a first time this day of 1986 BY-LAW read a second time this day of 1986 BY-LAW read a third time and finally passed this day of 1986. MAYOR I I I i - I THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 86- being a By-law to amend By-law 84-63, 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, of the Corporation of the Town of Newcastle. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Section 16.5, "Special Exception - General Commercial (Cl)" Zone is hereby amended by adding thereto, the following new Subsection 16.5.5 as follows: "16.5.5 GENERAL COMMERCIAL EXCEPTION (C1-5) ZONE Notwithstanding Section 16.1(b), those lands zoned "C1-5" on the Schedules to this By-law shall only be used for the following purposes: IF i) business, professional or administrative office i i i) day nursery iii) dry cleaners distribution centre ` iv) taxi stand '4, v) library vi) medical or dental clinic +' vii) parking lots vii4) plaee of worship ix) printing or publishing establishment x) retail commercial establishment xi) school , commercial ' xii) service shop, light ` xiii) supermarket xiv) theatre xv) veterinary clinic xvi) service shop, personal - save and except that, in the case of a hairdressing establishment, there shall be a maximum of 2 hairdressers. Notwithstanding Section 16.4 above, on those lands zoned "C1-5" on the Schedules to this By-law, no building or structure may be erected and no use may be established in the "Cl-5" zone v unless the lot upon which it is situated is serviced by a private water system and a private waste disposal system which complies with the regulations of the Ministry of the Environment. 2. Schedule 13 to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "(H) General Commercial Exception C1-2 Zone" to "General Commercial Exception (Cl-5) Zone", as indicated on the attached Schedule "X" hereto. i 3. Schedule "X" attached hereto shall form part of this by-law. 'i Y. kr.