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HomeMy WebLinkAboutP-112-79 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D. N. Smith,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL. (416)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING of July 5, 1979. REPORT NO. : P-112-79 SUBJECT: Application for Rezoning Number Z-A-1-4-4; Part Lot 21, Concession 2, former Township of Darlington Stewart Preston BACKGROUND: An application has been submitted requesting an amendment to the Darlington Zoning By-law to permit the establishment of a new and used car lot on a 36,800 square foot parcel of land in Lot 21, Concession 2, former Township of Darlington. The subject site is located at the north-west corner of the Darlington 10th line and Highway 2, and is immediately south of Bob's Towing. A Fina Service Station occupies the land at the north-east corner of Highway 2 and the 10th line. OFFICIAL PLAN PROVISIONS: (a) Darlington Official Plan The site is designated "Agriculture" in the Darlington Official Plan. This designation would allow "grouped highway commercial to serve the needs of the travelling public, and commercial uses related to the farming community in which they are located". Since a new and used car lot does not strictly serve the needs of the travelling public, t `y-N - 2 - or the surrounding farm community, the proposed rezoning would not comply with the provisions of the Darlington Official Plan. (b) Durham Official Plan The site is designated "Major Open Space" in the Durham Official Plan. Commercial uses are not normally permitted in areas so designated. However, Section 8.3.2.2 of the Plan would permit Council to rezone the land to permit the consolidation of an existing Special Purpose Commercial strip into a node, "provided that such node is developed in accordance with good urban design principles and with common internal traffic circulation, common ingress and egress for traffic, and access to arterial roads only by service lanes or collector roads". This means that if Council feels the proposed rezoning would permit a desirable consolidation of a commercial strip (Bob's Towing) into a node, the application would comply with the policies of the Durham Official Plan. ZONE PROVISIONS: The Darlington Zoning By-law zones the site "Agriculture", and commercial uses are not permitted in this zone. If the application were granted, a "C2" (Highway Commercial) Zoning would be most appropriate. CIRCULATION OF APPLICATION: The subject application was circulated to the following agencies for comments: 1. Durham Planning Department - 3 - 2. Durham Works Department 3. Durham Health Unit 4. Bell Canada 5. Ministry of Transportation and Communication 6. Ontario Hydro 7. Newcastle Works Department 8. Newcastle Building Department 9. Newcastle Fire Department Bell Canada did not reply and was assumed to have no comments. The Durham Health Unit, Ontario Hydro, and Newcastle Fire Department also stated they had no objection to the proposal, but emphasized that there was insufficient lot depth to permit an acceptable access to the site from the 10th line. However, the Ministry of Transportation and Communication advised that Highway 2 is to be widened to four lanes abutting the subject lands and that the road would likely be diverted approximately forty feet north to correct the presently dangerous intersection with the 10th line at that location. It was noted that they would have no objection to the proposed rezoning, provided that access to the site is restricted to the 10th line. The Durham Planning Department submitted conflicting comments re- garding the conformity of the subject application with the Durham Official Plan. As a result of our enquiries regarding this conflict, a third letter was submitted, stating that if Council deemed the proposal a desirable con- solidation of an existing node, and if the site were designed in compliance with the Official Plan criteria regarding this type of consolidation, the appli- cation would comply with the policies of the Plan. These letters have been attached for your information. - 4 - COMMENTS: Staff have inspected the site and reviewed the proposal in view of the policies of the Official Plan and the character of the area, and note the following areas of concern: 1. Official Plan Conformity The Durham Official Plan intended that strips of Special Purpose Commercial activity be consolidated into nodes, "with common internal circulation, common ingress and egress for traffic, and access to arterial roads only by service lands or collector roads". The proposed development will not share a common access with Bob's Towing. In fact, the proposed development will not be oriented to this existing commercial use at all. It is our opinion that the proposal constitutes an extension of an existing commercial strip and that this type of expan- sion does not comply with the intent of the Durham Official Plan. 2. Possible Precedent As you are aware, highway 2 is dotted with commercial uses throughout the Town of Newcastle. In many cases these com- mercial uses are surrounded by strip residential and agri- cultural lands uses. The subject site falls within this category. While there are commercial uses to the North, and east and a home occupation use to the west, most of the surrounding area is occupied by single family dwellings and agricultural uses. - 5 - It is our concern that the approval of the subject application could establish a precedent, not only with respect to adjacent lots, but also throughout the Town of Newcastle. It is suggested that the issues relating to the consol- idation of commercial strips should be dealt with in the Town's District Plan before any additional "consol- idations" are permitted. 3. Site Characteristics The 10th line intersects Highway 2 at a 600 angle adjacent to the subject lands. The parking of cars within the re- quired sight triangle could render this intersection more dangerous. Another problem deals with access to the site. The Newcastle Works Department has indicated that because of the narrow frontage of the lot on the 10th line, an access to the lot from the 10th line would not be available. The Ministry of Transportation and Communication has indicated verbally that an access to the site from Highway 2 would not be desirable, because of the high volume of traffic on Highway 2. For these .reasons, it is the opinion of staff that the approval of the proposed development would not be consistent with the intent of the Durham Official Plan, nor compatible with adjacent land uses, and should, therefore, be denied. - 6 - REMMENDATION: It is respectfully recommended that Application Number Z-A-1-4-4 not be approved. Respectfully submitted, r NJF:lb D. N. Smith, M.C.I.P. June 26, 1979 Director of Planning Encl. O.P.A. Gen. v DURHAM May 11, 1979 The Regional MAY 15 1979 Municipality of Durham Mr. Don Smith, PLP-N1N`f:1G DEPARDALENT Planning Planning Director, Tollffil-z 01-1 NEWCASTLE Department Town of Newcastle, Box 623 Hampton Municipal Office, 105 Consumers Dr. Hampton, Ontario. Whitby, Ontario Canada,LIN 6A.3 (41 6) 668-7731 Dear Mr. Smith: Re: Land Use Proposal Part Lot 21, Concession 2, former Township of Darlington, Town Of Newcastle Further to our letters of March 20, 1979 and April 20, 1979, 1 would like to clarify some of the matters raised with respect to the above issue. The property in question is designated Major Open Space System in the Durham Regional Official Plan and such designation does not permit the use (s) proposed. My letter of March 20 , 1979, should be clarified as follows. If the area municipal Council deems it desirable as a result of knowledge of the area and the uses surrounding the property in question, the Council may wish to zone the property for the proposed use (s) in order to consolidate the present special purpose commercial use to the north (towing service) with this proposal in accordance with Section 8. 3. 2.2 of the Durham Regional Official Plan. This Section of the Plan indicates that such node is to be developed in accordance with good urban design principles and with common internal traffic circulation, common ingress and egress for traffic, and access to arterial roads only by service lanes or collector roads . However, this interpretation has been given assuming that there is an existing commercial strip. If you have any further questions regarding this matter, please do not hesitate to contact this Department. Yours very truly, L. Kotsef Zanager, Strategic Planning Branch. 1 }'g THE REGIONAL MUNICIPALITY CAE DURHAM PLANNING AND DEVELOPMENT DEPARTMENT WM. F. H. MCADAMS, M.C.i.P./Commissioner 105 CONSUMERS DRIVE/P.O.BOX 623-WHITBY,ONTARIO LIN 6A3 TEL.(416)668-7731 In reply, please refer to File Number March 20 , 1979 Mr. Stewart Preston, 39 Temperance Street, Box 189 , k Boalzville, Ontario, Dear Mr. Preston: Re: Official Plan Amendment Application Part Lot 21, Concession 2 , former Twp. of Darlington Town of Newcastle Further to your recent Official Plan Amendment application received in this office on March 16 , 1979 , our review of this application would indicate that your proposal would not require an amendment to either the Durham Regional Official Plan or the Official Plan of the former Planning Area of the Township of Darlington. Section 8. 3. 2 .2 of the Durham Regional Official Plan which provides for the development of existing special purpose commercial nodes would appear to permit - the development of your Special Purpose Commercial proposal provided that such node is developed in accordance with good urban design principals. This interpretation has been reviewed with staff of the Town of Newcastle who concur with this position. As a result, we are returning your Official Plan Amendment Application including the cheque for $500, and the accompanying material. If you have any questions regarding this matter, do not hesitate to contact this Department. Yours very truly, j; L. Kotseff, Manager Strategic Planning Branch. Attachment c.c. L. Kristoff, Town of Newcastle . JI DURHAM April 20, 1979 APR 19T9 PLANPIMG DEPARTMENT i The Regional TOWN � ��5�� t Municipality E of Durham Planning Department Mr. L. Kristof, Planning Director, 105 Consumers Dr. Box Town of Newcastle, Whitby, Ontario Hampton Municipal Office, Canada,L1N 6A3 Hampton,(416) 668-7731 P , Ontario Dear Mr. Kristof: Re: Application ,for Rezoning Your File: Z-lA-1-4-4 Stewart Preston Town of Newcastle (Darlington) Further to your request for comments on the above- referenced application, please be advised that the subject site is designated "Major Open Space" in the Durham Regional Official Plan. The proposal does not conform. With respect to Regional services, sanitary sewer and water supply facilities are not available and the Region has no plans to extend services to the subject site. As a result, the site can only be serviced by private installations. We trust these comments will be helpful to your evaluation of this proposal. Yours very truly, G.D. Cameron, Manager Current Operations Branch I ! ( ROBE RT HOCICNEY K INST• NO. 56751 COTTERILL AND COOLEDGE BOB'S TOWING INST• NO. 6185 ( i r. �_N 74'10'E 91.59'--- Rl 5TE DEAN C N CA Z PART OF LOT- 21 CONCESSION - E i THOMAS L CLARK z C\1 I NST., NO. 71068 In ZT_ L-74, �E SO.88'ToWN OF NEWCASTLE ( � o ( 46'--.��0��.� oR vc J REGIONAL AL MUNICIPALITY 6F 1�� DURHAM ( N � 2��� 39' W SCALE = I INCH = 50 FEET Lo cn m Dt\`fr E = MARCH 19 , 19 79 142 46 L.J PARKING AREA STEWART D. PRESTON p` /�� INST• NO N 28092 I/G z To O 13 1 SU9JECT LANDS" ._1 1G AREA = 36,860 "'>9 0 13011 <C O M1r411. DRAwNI BY BRIAN CANFIELD.