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Home My WebLink AboutP-113-80 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 7, 1980 Report No. : P-113-80 SUBJECT: Courtice Urban Area Plan — "Special Purpose Commercial" Designation — Northeast corner of Highway 2 and Varcoes Road BACKGROUND: The Planning and Development Committee convened a Public Meeting to receive comments from interested persons on the draft Courtice Neighbourhood Development Plans (West and South) on June -24, 1980. During the portion of the meeting in respect of the Courtice West Plan the attached petition was presented to the Chairman of the Meeting. The petition embodies a request to redesignate the lands at the northeast corner of Highway 2 and Varcoes Road from "Special Purpose Commercial" to "Residential". COMMENT: Staff have discussed the designation of the property with Mr. and Mrs. F. Hayward, owners of property within the area of concern. A copy of recent correspondence is also attached. Staff note that with the approval of the Courtice Urban Area Plan on June 6, 1980, the "Special Purpose Commercial" designation 1 now represents "official" planning policy for the subject area, i.e. ; it r� Re - 2 - is the Town's long term intention to allow commercial development on the lands in question. Staff believe the "Special Purpose Commercial" designation is appropriate and should not be altered. Staff note that "any person" may request an amendment to an Official Plan under Section 17 of The Planning Act. Information in respect of the Official Plan amendment procedure may be obtained by contacting the Durham Regional Planning Department at 668-7731 or by contacting the Newcastle Planning Department at 263-2231. RECOMMENDATION: That the Planning and Development Committee recommend to Council: 1. That the attached petition in respect of the land use designation of property at the Northeast corner of Varcoes Road and Highway 2 be received and filed. 2. That a copy of this report be forwarded to those persons signing the attached petition by the Town Clerk. Respectfully submitted, DNS:lb D. N. Smith, M.C.I.P. June 26, 1980 Director of Planning CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P., Director HAMPTON,ONTARIO LOB UO TEL. (416)263-2231 June 12, 1980 Mr. & Mrs. F. Hayward R. R. #6 BOWMANVILLE, Ontario Dear Mr. & Mrs. Hayward: Re: Courtice Urban Area Plan Further to our recent meeting in your home, I have been contacted by Councillor J. Holliday and by Mr. S. L. Cureatz, M.P.P. in respect of the possible future use of your property. As we discussed and further to my letter, please be ad- vised that the Courtice Urban Area Plan (Amendment No. 12 to the Darlington Township Official Plan) indicates that your property will be used for Special Purpose Commercial uses in the future. As we discussed, Amendment No. 12 is an amendment to an Official Plan. As such, all public works and zoning by-laws must conform to the provisions of the Plan as amended. Authority for this requirement falls under Section 19(1) of the Planning Act, which I quote for your future reference: "19(1) Notwithstanding any other general or special Act, where an official plan is in effect, no public work shall be undertaken and, except as provided in subsections 2 and 3, no by-law shall be passed for any purpose that does not conform therewith." Amendment No. 12 to the Darlington Official Plan was approved by the Ministry of Housing on June 6, 1980. The Plan, therefore, calls for the future use of your property for Special Purpose Commercial uses in accordance with th.2 policies that I have already forwarded to you. The amendment does not indicate at what time the zoning on your property or on the lot adjacent to your property will be changed. The Municipality essentially has the choice of initiating the rezoning itself or undertaking to rezone on the basis of a development proposal submitted by a private individual. Y Mr. & Mrs. F. Hayward - 2 - June 12, 1930 In the case of the Special Purpose Commercial area, which extends along Itighway 2 from the Townline Road to a point between Darlington Boulevard and Tooley's Road, the Municipality will undertake to rezone itself. As we discussed in some detail, it is the intention to rezone to require large commercial developments on large lots. Through this process, it is anticipated that existing lots will have to be assembled under one ownership in order to meet the requirements of the new zoning by-law. In this situation, you should be aware that you would be under no obligation to sell your property. At this moment, the preparation of a rezoning by-law for the Special Purpose Commercial area is scheduled for October of this year in the Newcastle Planning Department's Work Program. As you know, from past experience, it is possible for any person to object to any by-law passed under Section 35 of the Planning Act. I understand that you appreciate that any person. within 400 feet of the lands being rezoned are, under the Municipal Board's regulations, required to receive written notice of the passing of the by-law. From the date that notice is re- ceived, any concerned person is allowed 21 days in which to file their objection with the Clerk of the Municipality. When the by-law has been objected to, the Municipal Board is required to hold a public hearing unless in the opinion of the Board, the objections are "insufficient to require a public hearing". As we discussed, the Municipality is under no obligation to rezone all of the Special Purpose Commercial area at one time. There is a duty, however, on the part of the Municipality to eventually bring its by-laws into conformity with its Official Plan policies. I would like to add that we have not yet made the decision as to whether we will rezone all of the Special Purpose Commerial area or a portion thereof at this time. I would also like to point out, as I mentioned in our meeting, that Llic_ Town of Newcastle requires the owners of commercial properties to crater into something called a Site Plan Agreement as permitted under Section 35(a) of the Planning Act. A Site Plan Agree- ment affords the Municipality the opportunity to control certain facil- ities and matters that are not normally addressed under a zoning by-law; i.e. Site Plan Agreements address the grading of the property, design of parking areas, the location and design of lighting, garbage storage vaults, the landscaping of the property and importantly the design of the building. Site Plan control gives the Municipality an opportunity of insuring that new uses are as compatible as possible with the sur- roundings. At the present time, please be assured that your property and the land adjacent remains zoned Residential, and that you will have ample opportunity to express your concerns about a change to that zone if and when it occurs. 1 am sending copies of this letter to Councillor Cowman as well as Councillor Holliday and Mr. Cureatz as she also requested that I follow up with a second letter. Mr. & Mrs. �. Hayward - 3 - June 12, 1930 Please do not Hesitate to contact me or Mr. T. Ldwards of this office at 263-2231 if you should have any questions in respect of the Official Plan policies or zoning standards applicable to your property. Yours very truly, DNS:lb D. N. Smith, M.C.I.P. Director of Planning C.C. Councillor Cowman Councillor Holliday Mr. S.L. Cureatz, M.P.P. P E T i T i 0 N TO : Mayor & Council of the Corporation of the Town of Newcastle . WHEREAS there have been four (4) attempts n no change the land use of the north-east corner of Highway 2 and Varcoes Road, more specifically Part Lot 34 , Concession 2 , former Township of Darlington, from a Residential use to no ovhcr purpose than that of a Dairy Barnand Store , as indicated by By-Laws Numbers 2501 , 2508 , 2528 and 74-42 , ''beinq wncni- ments to By-Law 2111 , of the former Township of Darlington. ) and , WHEYEAS the residents in the area voiced Sufficient Object- ions to this change , and none of these by-laws were approved by the Ontario Municipal Board due to these ob '' acnions nha Town of Newcastle withdrew the final nppliration for By-Ln-,7 74-42 on December 8 , 1975 , and , WHEREAS these objections are all a =attar of record , and , WHEREAS the Town of Newcastle has ignored the past objections in their actions by recommending the land use dasfgnation as Commercial in the Official Plan of this area to zhe Ontario Municipal Board , without direct consultation with the previous objectors , and , WHEREAS the Residents in this area still object to this type of land use designation, and , WHEREAS the expensive and time-consuming , frustratinZ procei- ures which have occurred in the past can be e2iminaued by the serious consideration of those Objections , NOW THEREFORE , We , the undersigned , hereby Petition !he To..-n of Newcastle to amend the Courtice Urtan Area Plan no : ,ides hate those lands presently fcsignated Special purpose CommarcfaL Car the north-east corner Of highway 2 and Varcoas Roan ) to "Residential ' and that , by copy of this Peticicn , Uc TeEicn�_ Municipality of Durham be so notified _ Dates` this l6th day of June , 1980 , and Respectfully submitted , Si natures to CO LnCjj 'fo',T 71 OZ of 7etitioners N am c A d d r s F(2 c, n -5, 7) L �Cl 7 -7S v 7 S `.4,n: tures of Petitioners ro CoTmc< I of thle `lol-,n or- V •wr ;t�; � ? r, Name Address Te Ll /f. sl- c � \ r �� E r