HomeMy WebLinkAboutPD-133-83 alb)
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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 SEPTEMBER 19, 1983
REPORT NO. : PD-133-83
SUBJECT: OBJECTION TO BY-LAW NO. 83-69 - BEING A BY-LAW
TO REZONE CERTAIN LANDS IN PART OF LOT 34
CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON
CLERK'S FILE: 60.35.169
PLANNING FILE: DEV 82-9
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following:
1 . That Report PD-133-83 be received; and
2. That the following resolution be adopted by
Council and forwarded to the Ontario Municipal
Board together with By-law 83-69.
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"WHEREAS the Council of the Town of Newcastle has
approved By-law No. 83-69 to amend Restricted Area j
Zoning By-law 2111 , as amended, as a result of their
consideration of an application for such an amendment
submitted by the property owner;
AND WHEREAS the effect of By-law No. 83-69 will be to
change the zone designation of the land subject to By-
law 83-69 from "R2 - Residential " to "Special
Provision By-law 83-123" to more accurately define the
limits of the Special Purpose Commercial Zone as it
relates to the designation set out in the Courtice
Urban Area Official Plan (Amendment 12 to the Official
Plan of the former Darlington Township Planning Area);
. . .2_
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REPORT NO. : PD-133-83 Page 2
AND WHEREAS By-law 83-69 has been approved in
conformity with the applicable policies of the Durham
Official Plan ; and
BE IT NOW THEREFORE RESOLVED THAT the Town of
Newcastle hereby requests the Ontario Municipal Board
to approve By-law 83-69, not withstanding the
objections received, and further request that the
Ontario Municipal Board convene any required Public
Hearings in respect of By-law 83-69 at the earliest
possible opportunity; and
FURTHER hereby authorizes Town staff and/or the Town 's
solicitor to represent the municipality at such
hearing that may be convened."
BACKGROUND:
On March 9th, 1982 the owner of the lands affected by By-law
83-69 applied for an amendment to Restricted Area (Zoning)
By-law 2111 , as amended of the former Township of
Darlington. The subject application for rezoning requested
a zone change on a one thousand and thirty square metre
(11 ,087 sq.ft. ) triangular parcel of land forming part of an
existing commercial /residential lot . This lot has frontage
on the south side of Highway No. 2, east of Darlington
Boulevard South. The requested by-law amendment would
rezone this parcel of land "Special Purpose Commercial" .
The subject lands are designated "Residential " by the
Region of Durham Official Plan and "Special Purpose
Commerical " by the Courtice Urban Area Plan. The inclusion
of this triangular parcel of land within the proposed
Special Purpose Commercial zoning is in conformity with all
applicable Official Plan policies.
Accordingly, the General Purpose and Administration
Committee at their meeting of June 14th, 1982 endorsed the
following resolution :
"#GPA-733-82
THAT e recommendations in Report PD-98-82 be
endorsed;
AND THAT 1 . The Report PD-98-82 be received;
. . .3/
REPORT NO. : PD-133-83 Page 3 ��,)
2. The application for rezoning Z-A-1 -6-10
(DEV 82-9) be approved and that the By-
law be forwarded to Council for approval
at such time as By-law 81 -123 has
received Ontario Municipal Board
approval ."
The proposed By-law was then forwarded to Council for
approval on May 9th, 1983 and circulated in accordance with
the appropriate procedures as contained within the Planning
Act.
COMMENTS:
As a result of the Clerk's circulation of By-law 83-69, two
* letters of objection were received (see attached). Both
Mr. Dawson and Mr. Asadoorian 's letters of objection
indicated concern with respect to not only the use of the
property, but the types of equipment located thereon. (ie;
dump trucks, portable air compressor, flatbed low trailer,
front-end loaders, mobile crane) which in their opinion , was
not applicable to the welding operation on site. It is
noted for Committee' s consideration, that staff in view of
the objection and particularly in reference to the
enforcement of the "Property Standards By-law" inspected the
subject property. It is staff's opinion that no apparent
contravention of the "Property Standards By-law" exists.
Furthermore staff notes that Section 13(bb)II(k) of By-law
81 -123 states as follows :
"Notwithstanding any provision of this by-law to the
contrary, nothing in this by-law shall prevent the
use of any land, building or structure for any use
not specifically permitted by this by-law, if such
land, building or structure was legally used for such
purpose on the date of passing of this by-law."
By-law 81-123 was approved by Council on September 21 ,
i
1981 . The parcel of land for which the rezoning was
requested was found to be vacant when staff inspected the
i
same in July. It is noted for Committee 's information that
. . .4/
REPORT NO. : PD-133-83 Page 4
a conversation with the applicant at that point in time, did
reveal that the Ministry of Transportation and Communication
had been parking their vehicles temporarily within the rear
portion of Mr. Moase's property during the work on Highway
No. 2 this past summer, however this use has discontinued.
Staff did confirm with Mr. Asadoorian, that should Mr. Moase
wish to expand his present facilities ie; through an
addition to the existing structures, a site plan agreement
with the Town would be required, however, noting that the
provisions of By-law 81 -123 did permit the continuation of
the existing use.
In light of the above comments, staff would therefore
recommend that By-law 83-69 be forwarded to the Ontario
Municipal Board for approval .
Resp ,
T.T. Edwards, M.C. I.P.
Director of Planning
LDT*TTE*jip
*Attach.
cc: Mr. K. Dawson cc : Mr. B. Moase
7 Darlington Blvd. S. R.R. #4
Oshawa, Ontario Oshawa, Ontario
L1K lAl
cc: Mr. M. Asadoorian
9 Darlington Blvd. S.
Oshawa, Ontario
L1K lAl
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THIS IS SCHEDULE Y TO BY-LI,W
PASSED THIS DAY OF-A.D. 198
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( SEAL ) ZONE CHANGE TO SPECIAL
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G.B.Rickard,Mayor
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D.W Oakes,Clerk 20 5
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