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HomeMy WebLinkAboutPD-146-83 4 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL.(416)263.2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF OCTOBER 17, 1983 REPORT NO. : PD-146-83 SUBJECT: APPLICATION FOR REZONING AND SITE PLAN APPROVAL - MARGARET BEAUPRE - PART OF LOT 24, CONCESSION 8, FORMER TOWNSHIP OF CLARKE FILE NO: DEV 75-11 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-146-83 be received; and * 2. That the attached By-law 83-101 to amend Zoning By-law 1592, as amended, be forwarded to Council for approval ; and * 3. That the attached By-law authorizing execution of an Agreement between Margaret Beaupre and The Corporation of the Town of Newcastle be approved. Report No: PD-146-83 .. ./2 BACKGROUND: On March 9, 1983 staff received a revised Application for Rezoning and Site Plan approval submitted by Margaret Beaupre in order to rezone a 1 .40 hectare (3.5 acre) parcel of land located in Lot 24, Concession 8, of the former Township of Clarke. The applicant is requesting permission to expand an existing Highway Commercial operation known as "Ontario Sports" located on the Highway 35 and 115. A previous report regarding this parcel of land was submitted to the former Planning and Development Committee on January 19, 1981 . The recommendation contained in Report P-22-81 was as follows : "1 . That this Report be received for information ; 2. That the attached By-law be forwarded to Council for approval , once the following conditions have been met : i ) that Parts 1 and 2, as shown on a Plan of Survey by Merrill D. Brown , dated January 8, 1974 be melded into one ownership for the purposes of Section 29(2) of the Planning Act (R.S.O. 1970) ii ) that 0.3 metre reserves along the portions of the site abutting Highway 35/115 and the 8th Concession Road from its intersection with Highway 35/115 to the existing entrance, be dedicated to the Town of Newcastle; iii ) that the applicant be required to enter into a Development Agreement, according to the provisions of Section 35(a) prior to the approval of the By-law by Council ." * A copy of Report P-22-81 has been attached for the Committee' s information. i Report No: PD-146-83 .. ./3 As a result of this recommendation the following resolution was passed by the former Planning and Development Committee: "That Report P-22-81 , Application for Rezoning Z-A-3-7-1 , Part of Lot 24, Concession 8, former Township of Clarke, be tabled giving the Director of Planning an opportunity to discuss the matter in full with Mr. Beaupre." In accordance with the above resolution, staff met with Mr. L. Beaupre on February 5, 1981 in order to discuss the conditions imposed by this Rezoning Application. The following is a list of items which Mr. L. Beaupre had agreed to: 1 . Mr. Beaupre agreed to file an application of severance in order to consolidate his property as per Staff Report P-22-81 . 2. The 0.3 metre reserve requirement will be waived given the requirements for access permits from M.T.C. 3. Mr. Beaupre will prepare a site plan agreement application. 4. A revised by-law is to be prepared, revised wording sent to Beaupre in advance of report. 5. The by-law will allow for the sale of new and used cars , but the total number of vehicles to be displayed will be limited. I Report No: PD-146-83 .. ./4 Subsequently Mr. Beaupre has fulfilled staff's requests and has now submitted a revised Application for Rezoning and Site Plan approval for the Town of Newcastle's consideration. Staff note that the area which is affected by the Rezoning Application is the .40 hectare (1 .0 acre) parcel of land which was consolidated with the land owned by Margaret Beaupre, being a condition of rezoning. In accordance with departmental procedures, staff circulated the revised applications to various agencies and departments for comments. The following is a list of the comments received: The Region of Durham Planning Department "The subject site is designated "Permanent Agricultural Reserve" by the Durham Regional Official Plan . The use of land for any purpose other than agriculture and farm-related uses are not permitted within this designation. However, Section 16.6.5 of the Durham Plan states that : ". . . this Plan is not intended necessarily to prevent the continuation, expansion or enlargement of existing uses which do not conform to the deisgnations 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. Each case will be considered on its own merits by the Council of the respective area municipality or the authority having jurisdiction." In the event that you are recommending approval of this application, it is respectfully suggested that a clause be included in the by-law to indicate that the permitted uses exist at the date of passing of the by-law." Report No: PD-146-83 .. ./5 1j The Durham Regional Health Unit "no objection" Ministry of Transportation and Communications "Future improvements to the Highway 35/115 and the 8th Line intersection will require modification to the existing entrance to the property in question. On the attached site plan , we have indicated the approximate location of the future entrance to the 8th Line." The Town of Newcastle Building Department "no comment" The Town of Newcastle Fire Department "I would note in the "Draft" Development Agreement the extent of the uses proposed have not been finalized. Questions 4 and 7 indicate this could be a very extensive operation adjacent to Highways 35/115 (Highway Commercial ). Fire Department concern would be under the Authority of the Ontario Statutes of the Fire Marshalls Act , 0. Reg. 730.81 - "Fire Code" requirements : Part 2 - Buildings and Occupant Fire Safety Part 3 - Property Protection for Industrial and Commercial Companies Part 5 - Hazardous Materials, Processes and Operations Water supply for rural fire protection would be transported by water tanker." The Town of Newcastle Public Works Department "We have reviewed this application for Rezoning and Site Plan Approval and have no objection, in principle, provided that: (a) Since the Ministry of Tranportation and Communications is proposing to reconstruct Highway 35/115 adjacent to the subject property, the applicant should contact the Ministry to discuss the future function of this entrance (see attached plan). (b) The applicant should facilitate any road reconstruction requirements to the Ministry (e.g. road widenings, grading easements)." I Report No: PD-146-83 .. ./6 COMMENTS: Staff have reviewed the subject application for rezoning and site plan approval submitted by Margaret Beaupre and note that there were no major concerns raised through the circulation of the application regarding the proposed expansion of this existing commercial operation on this parcel of land. The comments submitted by the Newcastle Fire Department regarding the extent of the uses proposed has been acknowledged within the Development Agreement, together with a provision regarding the proposed access improvements as indicated by the Ministry of Transportation and Communications. i Since this matter has been outstanding since 1973 and the fact that the request would not offend the policies of the Region of Durham Official Plan, staff would have no objection to the approval of this application. In that regard, staff feel that the attached By-law amendment and proposed Development Agreement satisfactorily covers the development of this site and therefore should be forwarded to Council for approval and execution. Respect fitted, T. T. Edwards, M.C.I.P. Director of Planning EP*TTE*j i p September 29, 1983 Applicant: Margaret Beaupre R.R. # 2 ORONO, Ontario LOB IMO