Loading...
HomeMy WebLinkAboutPD-20-83 ee� 0 Av) CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB UO TEL.(416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF FEBRUARY 7, 1983 REPORT NO. : PD-20-83 SUBJECT: PROPOSED AMENDMENT TO THE DURHAM REGIONAL OFFICIAL PLAN TO PERMIT LIMITED INDUSTRIAL AND COMMERCIAL USES IN EXISTING STRUCTURES USED PREVIOUSLY FOR SIMILAR USES FILE: 82-30/D RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PO-20-83 be received; and 2. That the Region of Durham be advised that the Town of Newcastle recommends that the proposed general amendment to the Region of Durham Official Plan to permit limited industrial and commercial uses in existing structures used previously for similar uses be denied as proposed; and * 3. That the attached proposed modified amendment be forwarded to the Regon for their consideration; and 4. That a copy of staff Report PD-20-83 be forwarded to the Region of Durham for their information. �' y Report No: PD-20-83 . . ./2 BACKGROUND: On July 7th, 1982, Solina Investments Limited submitted an application to the Region of Durham to amend the Durham Region Official Plan. The application consisted of a proposal to permit a wide variety of industrial and commercial uses , including bulk storage tanks, a manufacturing, processing and fabricating plant, heavy and light equipment sales and rentals , and a dry-cleaning plant on a 2.42 hectare (5.9 acre) parcel of land in the former Township of Thorah, now within the Township of Brock. At present, there are four large one-storey industrial buildings with useable floor space of 1486 square metres (16,000 square feet) and a two-storey single detached dwelling on the site. The industrial buildings are presently vacant but have been used previously as a storage depot, dairy, machine shop, woodworking shop, and a body shop. The subject site is designated "General Agricultural Area" in the Durham Region Official Plan. The majority of the industrial and commercial uses proposed by Solina Investments Limited are not permitted within such a designation. Because one of the goals of the Regional Plan is to ensure a i favourable climate for economic development within the Region, Regional staff felt that this proposal had some merit in view of the present state of the economy and the existing vacant buildings. i I i i i I Report No: PD-20-83 .. ./3 However, in a Commissioner's Report to the Planning Committee of Regional Council on November 30th, 1982, Regional staff suggested that a General Amendment to the Durham Region Official Plan, rather than a site specific amendment , be processed in order to provide greater flexibility in the Plan and to provide an opportunity to eliminate undesirable existing uses and replace them with uses that are more compatible with the surrounding area. In the Report , Regional staff suggested that it would be appropriate to amend Section 16.6 (Restricted Area By-laws) of the Durham Region Official Plan to permit the respective area municipal councils to zone to allow certain industrial and commercial uses within existing structures used previously for such uses, at their discretion and subject to certain conditions. The amendment proposed by Regional * staff is attached to this Report for Council 's information. Regional staff further suggested that the policy be finalized through further analysis, submissions from the public, and discussions with the respective area municipalities. The Planning Committee resolved to authorize Regional staff to take the necessary steps to bring forward a recommendation on an appropriate amendment to the Durham Region Official Plan, and to forward the Commissioner's i Report to the respective area municipal councils for their comments. On December 9th, 1982, the Town of Newcastle received a request from the Region of Durham to review and provide comments on the proposed amendment. It is as a result of this request that Town staff are bringing this Report forward for Council 's consideration. I i Report No: PD-20-83 . . ./4 COMMENT: The basic intent of the proposed Official Plan amendment would be to permit an area municipal council to zone to allow the establishment of industrial or commercial uses within existing structures previously used for such purposes , even though the Regional Official Plan designation for that property does not permit these uses. It is a well -established principle in planning that a restricted area by-law is intended to implement the provisions of an Official Plan where one exists , and that any amendment to the By-law should be in conformity with, or at the very least, does not offend the intent of the provisions of that Official Plan. Section 39(8)(a) of the Planning Act, states that no restricted area by-law shall apply "to prevent the use of any land, building or structure for any purpose prohibited by the by-law if such land, building or structure was lawfully used for such purpose on the day of the passing of the by-law so long as it continues to be used for that purpose". Similarly, Section 16.6.5 of the Durham Region Official Plan states that the Plan "is not intended necessarily to prevent the continuation, expansion or enlargement of existing uses which do not conform to the designations and provisions of this Plan. At their discretion, the councils of the area municipalities may zone to permit the continuation, expansion or enlargement of existing uses provided that such existing uses have no adverse effect on the present uses of the surrounding lands or the implementation of the provisions of this Plan." i i Report No: PD-20-83 . . ./5 Clearly, the intent of both the Planning Act and the Durham Region Official Plan is that the only non-conforming uses permitted (whether that non-conformity relates to an official plan or a restricted area by-law) are those which existed at the date the appropriate document was passed and have continued without interruption since that date. Therefore, the proposed Official Plan amendment which would permit the re-establishment of a non-conforming use which existed either before or at the date the Official Plan was approved, but which has not continued uninterrupted since the date of approval , appears to be contrary to the intent of both the Planning Act and the Durham Region Official Plan. In addition , staff are concerned that the proposed Official Plan amendment does not follow good planning principles. Even though the proposed amendment states that any uses established under this provision should be "compatible with the surrounding land uses and not unduly restrict or conflict with the predominant permitted uses in the land use designation" , staff feel that this provision is too vague to prevent the establishment of uses on a site that would be contrary to the intent of the Official Plan designation for that site. Staff discussed the proposed amendment with Planning staff from the Towns of Ajax and Whitby. The Ajax Planning Department noted that the proposed amendment places no limit on the size of the property nor does it stipulate the duration of the original use or the length of time the use has ceased prior to the rezoning being applied for. Report No: PD-20-83 . . ./h Staff also note that, with the specific Official Plan amendment application brought forward by Solina Investments for their property in Brock Township, the range of uses requested for the vacant building far exceeds the range of uses for which the buildings had previously been used. Therefore, if uses not permitted by the Durham Region Official Plan are nevertheless permitted to establish, the result would be a moving away from the long term pattern of land uses that the Official Plan is attempting to achieve, thereby undermining both the purpose and the authority of the Official Plan. Based on the above arguments, staff recommend that Council advise the Region of Durham that the Town of Newcastle recommends that the proposed general amendment to the Region of Durham Official Plan to permit limited industrial and commercial uses in existing structures used previously for similar uses, be denied in favour of a site specific amendment for the property in Brock Township. At a meeting of Planning Directors for the Durham Region held on January 27, 1983, the proposed amendment was given considerable discussion. As a result, it was indicated by Dr. Michael , Commissioner of Planning for Durham Region , that the intent of the amendment was not to permit new uses in vacant buildings, but rather to permit existing uses to expand by permitting the introduction of new uses which were similar in nature to the existing use. The proposed amendment does not reflect this intent. Report No: PD-20-83 .. ./7 Based on the comments of the Regional Commissioner of Planning, staff would have no objection to an amendment which would give effect to the original intent. We have, therefore, drafted a suggested wording for such an amendment and would recommend that this be endorsed by Council and forwarded to the Region for their consideration as an acceptable alternative to the submitted proposal . Resp fu mitted, T. T. Edwards, M.C. I.P. Director of Planning JAS*'TE*mjc Ja ary 2.4, 1 ()83 ATTACHMENT TO STAFF REPORT PD-20-83 PROPOSED AMENDMENT TO THE DURHAM REGIONAL OFFICIAL PLAN PURPOSE The purpose of this amendment is to permit certain industrial and commercial uses in conjunction with legally existing industrial or commercial areas where the proposed industrial or commercial use is similar in kind to the existing industrial or commercial use and is compatible with the existing and designated surrounding land uses at the discretion of the area municipal Council . BASIS One of the goals of the Durham Regional Official Plan is to endeavour to ensure a favourable climate for economic development within the Region. In view of the present state of the economy, it is considered appropriate to provide a greater degree of flexibility within the Plan with respect to the expansion and enlargement of existing non-conforming land uses. ACTUAL AMENDMENT The Durham Regional Official Plan is hereby amended by adding the following new Section : °16.6.7. In addition to the authority of Councils of area municipalities to zone to permit the continuation, expansion or enlargement of existing uses which do not conform to the designations and provisions of this Plan, as permitted by Section 16.6.5 above, the Council of an area municipality may zone to permit certain industrial and commercial uses within existing structures or on existing lots of record presently used for a use which does not conform to the designation and provisions of this Plan , provided that such uses: a are similar in kind to the existing use; b are compatible with the surrounding land uses and do not unduly restrict or conflict with the predominant permitted uses in the land use designation ; c) comply with the Agricultural Code of Practice, as amended from time to time, if applicable; d) are accessible by a public road which is maintained by the appropriate authority as open to traffic on a year-round basis and is of a standard of construction adequate to provide for the additional traffic generated by the proposed use or uses ; and page 2 ATTACHMENT TO STAFF REPORT PD-20-83 PROPOSED AMENDMENT TO THE DURHAM REGIONAL OFFICIAL PLAN e) are, where involving the expansion or enlargement of existing buildings , developed in accordance with a development agreement entered into between the owner and the area municipality. Each case will be considered on its own merits by the Council of the respective area municipality or the authority having jurisdiction. IMPLEMENTATION The provisions set forth in the Durham Regional Official Plan, as amended, regarding the implementation of the Plan shall apply in regard to this amendment. INTERPRETATION The provsions set forth in the Durham Regional Official Plan, as amended, regarding the interpretation of the Plan shall apply in regard to this amendment. i