HomeMy WebLinkAboutPD-189-81 i
CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P.,Director
HAMPTON, ONTARIO LOB 1 JO TEL. (416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING
OF DECEMBER 7, 1981.
REPORT NO. : PD-189-81
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SUBJECT: Objections to By-law 81-127, being a By-law
to rezone certain lands in Part of Lot 31,
Concession 5, Hamlet of Mitchell's Corners.
Clerk's file: 60.35. 129
Planning file: Z-A-1-16-2
Recommendations:
It is respectfully recommended that:-
1. This report be received; and
2. The following resolution be forwarded to Town
Council for adoption and for submission to the
Ontario Municipal Board along with By-law 81-127.
"WHEREAS the Council of the Town of Newcastle has
approved By-law 81-127 to amend By-law 2111, as amended
as a result of their consideration of an application for
such an amendment submitted by the affected property
owner;
AND WHEIEAS the effect of By-law 81-127 will be to
significantly reduce the number of uses presently
permitted on the subject lands;
AND WHEREAS By-law 81-127 has been approved in con-
formity with the applicable policies of the Durham
Regional Official Plan;
AND WHEREAS the Town of Newcastle is satisfied that
the proposed development is in keeping with the
character of the Hamlet of Mitchell's Corners, and
that the provisions of By-law 81-127 are more con-
sistent with the intent of the approved Official
Plan Policies than was the previous Local Commercial
"Cl" zoning;
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Report - PD-189-81 Page 2
BE IT NOW THEREFORE RESOLVED that the Town of
Newcastle hereby requests the Ontario Municipal
Board to approve By-law 81-127 notwithstanding
the objections received and further requests the
Ontario Municipal Board to convene any required
public hearing in respect of By-law 81-127 at the
earliest possible opportunity; and
Further hereby authorize Town Staff and/or the
Town solicitor to represent the Municipality at
any such hearing that may be convened."
Background:
On July 7th. , 1980, th2 owner of the lands affected by By-law
81-127 applied for amendment to By-law 2111 of the former Township of
Darlington. The purpose of the original application was to permit the
establishment of a hairdressing operation in one of the three commercial
units that existed on the site. The application was amended on August
6th. , 1980 to permit the existing school house to be used as a single
family dwelling with studio space within. The Local Commercial (Cl)
zone that applied to these lands did not specifically permit hair
dressing salons or single family detached dwellings. It did however
permit a broad range of commercial and institutional uses.
The application was circulated by Town staff and comments re-
ceived during circulation were detailed in report P-167-80. The
staff recommendation contained in report P-167-80 was that a .By-law
amendment be forwarded to Council for approval at such time as the
Town has been notified by Regional Works that their requested road
widening requirements had been met. Report P-167-80 was endorsed
by Planning and Development Committee resolution PD-327-80 (October
9, 1980) and the recommendations within were adopted by Council on
October 20, 1980.
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Following discussions with Regional Works and Town Planning
Staff, the applicant provided the Region with the required deeds
for road widening and reserves on or about September 4th. , 1980.
The recent request for building permits to establish addi-
tional commercial uses necessitated the execution of a Site Plan
Agreement, pursuant to By-law 79-151.
A Site Plan Application was received by staff on June 18,
1981. The application was circulated and reviewed, resulting in
Staff Report P-141-81 which recommended that a Site Plan Agreement
be executed. Concurrent with staff's review of the proposed Site
Plans, Staff Report P-140-81 was submitted outlining the progress
on the earlier rezoning application. That report included a revised
draft Zoning By-law to be forwarded to Council for approval and a
recommendation that Council adopt a By-law to execute the Site Plan
Agreement referred to by staff in Report P-141-81.
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Report - PD-189-81 Page 3
Staff Report P-140-80 was endorsed by the Planning and Devel-
opment resolution PD-291-81 and Zoning By-law amendment 81-127 was
adopted by Council on September 21, 1981. On the same date By-law
81-128 was passed by Council authorizing the execution of a Site Plan
Agreement with the owner of the subject lands.
Comments:
As a result of the Clerk's circulation of By-law 81-127, one
letter of objection was received. This letter, dated October 21, 1981,
attached, was submitted on behalf of a group of fourteen property
owners. Four points of objection, or concern were set out by the
subject letter.
The first point raised expresses opposition to the use of the
lands for a convenience commercial store. Prior to Council approval
of By-law 81-127 the subject lands were zoned Local Commercial (Cl)
which permitted a wide range of retail stores and commercial uses as
well as a range of institutional uses and residential uses located
over stores or offices. By limiting the use of the lands to those
uses specified by By-law 81-127, the Town is actually reducing the
range of uses which would otherwise be permitted by the "Cl" zone.
By specifying Convenience Commercial the By-law is specifically
restricting the size of the individual stores which could be per-
mitted since, by definition, a "Convenience Retail Store" could not
exceed a gross floor area of 1500 sq. ft. None of the units, existing
or proposed, would exceed this maximum. In fact, each individual unit
would be approximately 445 sq. ft. in size.
The second concern identified suggests that any expansions to
the existing facility would constitute creation of a shopping centre.
By definition contained in By-law 2111, the existing three stores pre-
sently constitute a shopping centre and was legally established as a
permitted use within the "Cl" Local Commercial zone. The addition of
two new stores would have been permitted by that zone designation and
is, in our opinion, permitted by the proposed amendment since the new
units meet the size definition for convenience commercial uses. The
total retail floor area contained within the centre, existing and
proposed, is estimated at 2230 sq. ft. , divided amongst five units of
roughly equal size. The Town, by Amendment 12 to the Darlington
Official Plan, established a precedent for defining Convenience
Commercial Centres within the Town by placing a maximum of 5000 sq.
ft. on any such facility. The proposed addition meets this criteria
which staff have been using as a rule of thumb in an effort to apply
consistent policies throughout the Town. Staff cannot overemphasize
the fact that the proposed expansion would have been permitted with-
out the subject amendment to the By-law. The only necessary modifi-
cation being relative to the actual number of parking spaces provided.
Report - PD-189-81 Page 4
The third point is related to parking and suggests that the
new units would contribute to parking problems. During staff's re-
view of the development proposal it was noted that the proposed
parking did not meet the existing parking requirements contained in
By-law 2111. However, a comparison of parking requirements applicable
throughout the Town indicated that the Darlington requirement was much
more restrictive. In view of that, and the fact that the deficiency
would only be in the order of five spaces, staff recommended a modif-
ication to the original By-law to permit a reduction in the number of
parking spaces required. Staff are not aware of any existing problems
in respect of this site's parking facilities nor would we expect any
as a result of the proposed expansion.
The final point of concern is relative to the impact of the
new units upon the existing septic tile beds. In that regard, the
applicant has indicated further expansion of the existing tile beds
will be required to accommodate the new units. This was indicated
on the approved site plans as circulated to the Durham Regional
Health Unit for comment. No objections to the proposal were re-
ceived from that agency.
In summary the objectors have noted that they have no objec-
tion to the existing operations or the single family dwelling. Staff
must conclude therefore that their concerns are only in respect
of the proposed expansion. An expansion which could take place with-
out the approval of the subject By-law amendment.
Staff must, therefore, recommend that By-law 81-127 be for-
warded to the Ontario Municipal Baord for approval.
Res pectfu1l:]W"_-s°ubmitted,
�j. T. Edwards, M.C.I.P. ,
FA/TTE:cc Deputy Director of Planning.
November,16, 1981.
a'
CORPORATION ()1.' 1,1111:
TOWN OF N1?M:A!; i*1A,:
By-law Numbpr H1 p
being a By-Law Lo amend Rustri_Mcd Area By-law
2111, as amended, of the former Township of
Darlington.
WHEREAS the co"nen or Lhu Corporation of UP Town of NewcaslLlu
DFEMS it advisable to amend Restricted Area By-taw 2111 , as amended,
of the former Township or DarLingLon.
NOW THEREFORE the Council of the Corporation of the Town of HewraMlu
ENACTS as follows:
Section 6, Subsection (d) of By-law, 2.111, an amended, in hereby
further amended by adding thereto the foLlowing subsection 2 as
follows:
"2. G 1--2-;--LA 31 Co n-pe.s.s-i y".
Notwithstanding any provisions of Section 6(a) ( 1) to the
contrary , the jle jand dsi).,jjat,d 11Cj :'11 on :;ch(.(Iulu 'A' li(2relLo
shall be used only for Lho p"rpoAr of u"nvonirncr ruLall
stores , a hairdressing salon, and a Ungip lamLly dwuLIQ,,
with studio spaco therein, plovitknl 11M no hilildink or
structure may be erected or used except in accordance with
LIw "UP Zone Provisions as set out In MuLl"n 12 huruLu;
and further provided that motor vehicle parking FacLULLes
shall he provided and maintained on the basis of one (1)
space per each 11 .5 square metrus of floor space or portion
Lhorool I or the Mal I "I olos ;111(1 vi "' sh()P ''"(I
space lot' the dweLling "nit . '
2. ScheduLe 'A' to By-law Number 2111 , a3 amunclecl, is hereby
further amended by changing t o "Cl -2" tice xccnc- MAIgIaLlun
of the lands inclicaLecl as "ZONK CIIANCH TO Cl-2" on Lce
nttachod Schedulo A" hr.rrto.
3. ThLs By-law shall b t,omm urrvo w c,n thv dots horv"l , :tubjoct.
to the provisions of Section 35( 10) of thu Planning Act.
BY-LAW READ a first time Lh" 2 1st clay of SepLembcr day A.U. 1.981 .
BY-LAW READ a second time Lhis 21st clay uL Stotemic'r , A.D. I981 .
BY-LAW READ a Lhtrd time and finaLIy pa:;s(!d Lh is 2 1selay oI' !c;epLembur
A.D. 1981 .
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C. h , I�Ic;L;AI;I), 1IAYtlI;
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1). W. OAKH �, G'J,Elai
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THIS IS SCHEDULE ")\/' TO BY• - AW 61 - 11"
PASSED -FHIS , tot l)AY CAF -L,a,t-lil)(A. D. 1981 . - s�)
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N 72005'40"E 36-63m 7.52m N 7 1()I WE 3-09rn
DURHAM ROAD N2 4 ( TAUNTON ROAD
ZONE CHANGE TO 'CI -2'
G.B. Rickard Mayor
-0 5 10 20m
D W. Oakes clerk