The URL can be used to link to this page

Home My WebLink AboutP-199-79PLANNING AND DEVELOPMENT DEPARTMENT D. N. SMITH, M.C.I. P., DIrector HAMPTON, ONTARIO LOB 1JO TEL. (416)263-2231 ,(q) REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF November 8, 1979. REPORT NO.: P-199-79 SUBJECT: Application for Rezoning Number Z -A-3-11-5 Part of Lot 27, Concession 1, former Village of Newcastle Jacqueline and Charles Cooper (Jasco) R A CWr-R nTTNn A two part application has been submitted in respect of a 1.3 acre parcel of land in the former Village of Newcastle situated between the existing site of the Newcastle Box Factory and the proposed site of the Newcastle Village Senior Citizens Lodge. Part 1 of the application requests the rezoning of a .9 acre parcel, adjacent to the Box Factory site, to permit the erection thereon of a 4000 square foot storage building, and to accommodate additional space for parking and air drying of lumber in connection with the Box Factory operation. Part 2 of the application requests the rezoning of a .4 acre parcel fronting on King Street for a small commercial and residential complex. The proposed size, design and use of this complex have not yet been finalized, and the applicants have agreed that the consideration of Part 2 of the application should be deferred until more detailed plans are available. For this reason, analysis of this application will be limited to Part 1 at this time. - 2 - The site is designated "Main Central Area" in the Durham Official Plan. While industrial uses are not among the uses permitted in the Main Central Area, Section 16.6.5 of the Plan permits local Councils, at their discretion, to zone to permit the "continuation, expansion or enlargement of existing uses provided that such existing uses have no adverse effects on the present uses of the surrounding lands....". Since the proposed rezoning would permit the expansion of the industrial use on the lot to the west, it would comply with the provisions of this section. The site is zoned "Rural" in the Newcastle Village Zoning By-law. It is suggested that if the application were granted, a special provisions should be applied to the site, to permit the uses proposed, while protecting existing and proposed adjacent land uses. The application was circulated to the following agencies for comments: The Durham Planning and Works Departments Bell Canada The Ministry of Transportation and Communication The Newcastle Village Public Utilities Commission The Newcastle Works Department The Newcastle Building Department The Newcastle Fire Department Bell Canada did not reply and were assumed to have no object- ions. Other comments are summarized below: The Durham Planning and Works Departments submitted the following information: V_ (q) - 3 - "Under Section 16.6.5 of the Durham Regional Official Plan, the Council of an area municipality, at its own discretion, 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 the Durham Plan. If Council is satisfied that the expansion or enlarge- ment of this industrial use will have no adverse impact, it would then be appropriate to rezone the southern portion of the subject site as proposed." The Region also pointed out that the subject site lies within the "Central Area" as defined in the Durham Official Plan, and that a District Plan for the downtown "...shall be prepared prior to any land use changes...". (We note that, because of Section 16.6.5, the rezoning of the site to permit an expansion of the existing indus- trail use on the adjacent lands would be permitted prior to the prepar- ation of a District Plan.) COMMENTS: The Ministry of Transportation and Communication - no objection .Newcastle -Village Public Utilities Commission - no objection Newcastle Works Department - no objection Newcastle Building Department - no objection Newcastle Fire Department - advised of the requirements which would have to be addressed at the time of negotia- tion of the site plan agreement. It is not generally advisable to locate industrial uses within a Central Area, because of the potential for conflict between such uses and adjacent commercial and residential uses. However, the J. Anderson Smith Company (Jasco) has occupied its present location for many years; and is a well established use which is important to the economy of the Village. Since the Jasco site is presently zoned to recog- nize the existing use, it is probable that the industrial uses on the site - 4 - will continue into the foreseeable future. Inasmuch as the subject application for rezoning would accommodate additional parking and internal storage areas for the Box Factory operation, it could, in fact, render the Box Factory more compatible with surrounding uses. However, we question the advisability of permitting the outside storage of lumber on the subject lands, especially in light of the proposed Senior Citizens Apartment building which will be erected immediately east of these lands. In fact, if the application is approved, it is suggested that the amending By-law should preclude any manufacturing activity, or the open storage of any materials, on the subject lands, in order to minimize the potential conflict between these uses. It is also suggested that the entire "JASCO" site be designated a "Site Plan Control Area" under the provisions of Section 35(a) of the Planning Act. RECOMMENDATION: It is respectfully recommended: 1. That application for rezoning number Z -A-3-11-5, as it applies to Parts 7 and 8, Plan 1OR943, be approved; 2. That consideration of application for rezoning number Z -A-3-11-5, as it applies to parts 1 and 2, Plan 1OR299, be deferred pending the completion of a district plan for the Newcastle Village Central Area, as required by the Region of Durham Official Plan, and the submission by the applicant of a detailed site plan; - 5 - 3. That the attached By-law 79- be forwarded to Council for approval; and 4. That the entire J. Anderson Smith Company site be designated a Site Plan Control Area, under the provisions of Section 35 (a) of the Planning Act. Respectfully submitted, i NJF:lb D. N. Smith, M.C.I.P. October 29, 1979 Director of Planning THE CORPORATION OF THE TOWN OF NEWCASTLE By-law Number 79- A By-law to amend Restricted Area By-law Number 79-44, as amended, of the Corporation of the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend Restricted Area By-law Number 79-44, as amended, of the Corporation of the Town of Newcastle. NOW THEREFORE the Council of the Corporation of the Town of Newcastle ENACTS as follows: 1. By-law 79-44 of the Corporation of the Town of Newcastle, as amended, is further amended by adding thereto the following Schedule entitled "Schedule "B" TO THE ZONING BY-LAW" as follows: "SCHEDULE 'B' TO THE ZONING BY-LAW Schedule of Special Conditions and Exceptions Applicable to Land Shown as "Hatched on Schedule "A" hereto" 2. SCHEDULE "B" TO BY-LAW 79-44, as amended, is hereby amended by adding thereto the following Special Condition 1, as follows: "SPECIAL CONDITION 1 The whole of parts 7 and 8 in the Reference Plan registered in the Registry Office for the Registry Division of Durham (No. 10) as Plan 1OR943, and shown on Schedule "A" cross -hatched and marked with the figure 1 encircled, shall be subject to special regulations hereinafter contained, and where there is any conflict between the regulations hereinafter set out and any other provision of By-law 79-44, then the provisions of this Special Condition shall apply, but in all other respects the provisions of By-law 79-44, as amended, shall apply. - 2 - 1.1 Defined Area The area subject to this Special Condition is the whole of parts 7 and 8, Plan 10R943. 1.2 Permitted Uses No person shall use any of the lands in the defined area, or erect, alter or use any building or structure on such lands for any purpose except in accordance with the following provisions: - a warehouse accessory to the uses permitted on the lot. - a parking area. 1.3 Yard Requirements No person shall use any of the lands in the defined area, or erect, alter or use any building or structure on such lands for any purpose except in accordance with the follow- ing provisions: Interior Sideyard (minimum) 2 metres Rear Yard (minimum) 3 metres Height (maximum) 6 metres 1.4 Outside Storage Save and except parking, all permitted uses and other operations incidential thereto including storage shall be carried on within the confines of a building. 1.5 Site Plan Agreement Pursuant to Section 35 (a) of the Planning Act, as amended, parts 7 and 8, Plan 10R943, are hereby designated a site plan control area. The Town of Newcastle shall - 3 - require the owner of the lands to enter into one or more agreements in respect of the development of the subject lands prior to any development being under- taken." 3. Schedule A to By-law 79-44, as amended, is hereby further amended by adding cross -hatching and the figure 1 encircled to the zone designation of parts 7 and 8, Plan 1OR943. 4. This By-law shall come into effect on the date hereof, subject to the provisions of Section 35 (10) of the Planning Act. BY-LAW READ a first time this day of , A.D. 1979. BY-LAW READ a second time this day of , A.D. 1979. BY-LAW READ a third time and finally passed this day of , A.D. 1979. (seal) G. B. Rickard, Mayor J. M. Mcllroy, Clerk