HomeMy WebLinkAboutP-161-80 T l
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CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1.10 TEL. (416)263-2231
REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF SEPTEMBER
29, 1980.
REPORT NO. : P-161-80
SUBJECT: Application for Rezoning - Part Lot 21, Concession ,
former Township of Darlington (Mr. S. Preston)
Z-A-1-4-4
Application for Site Plan Agreement - Part Lot 21, Con-
cession .,2,, former Township of Darlington
(Mr. S. Preston) - S-P-1-4
Application for Rezoning - Part Lot 21, Concession ,
former Township of Darlington (.Mr. & Mrs. T. Clark)
Z-A-1-4-5
BACKGROUND:
The aboved mentioned rezoning applications and the site
plan agreement application, apply to abutting properties on the north-
west corner of highway number 2 and the road allowance between lots 20
and 21 in the former Township of Darlington, as shown on the attached
existing land use map. Staff have dealt with the applications concurrently
as the properties fall under the "Major Open Space" designation of the
Regional Official Plan and may be rezoned as a "Special Purpose Commercial"
node under Section 8.3.2.2 of that document.
Application Z-A-1-4-5 (Clark)
This application includes a request to amend the Darlington
Zoning By-law to rezone an existing single family residence on a 1,858.0
square metre (20,000 square feet) lot from "Agricultural" to "Commercial".
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As reported in Staff Report P-121-80, the applicants have been operating
a hairdressing salon and travel agency from their residence and are now
intending to rezone this property in order to permit these uses.
The application.was circulated to the Durham Planning and
Works Department, the Durham Health Unit, Ministry of Transportation and
Communications, Ontario Hydro, Newcastle Works Department, Newcastle Fire
Department and the Long Range Planner for the Town of Newcastle.
The Durham Planning and Works Department submitted the following:
"Please be advised that the subject property is designated
"Major Open Space" in the Durham Regional Official Plan.
Notwithstanding policies under Major Open Space System,
Section 16.6.5 permits the continuation of existing uses
provided that such uses are compatible with surrounding uses.
Sewer and water services are not available in this area."
The Ministry of Transportation and Communications stated the following:
"No objection to rezoning application, applicant should be
made aware that some property will be required for future
widening of Highway #2."
The Newcastle Fire Department submitted the following:
"The Fire Department has no objection to the above appli--
cation. Class D Occupancy Occupancy or alterations in
conjunction with. "Requirements for Fire Safety within
floor areas".
The Long Range Planner advised the following:
"Proposed uses are not permitted within Major Open Space
Areas as defined by the Regional Official Plan. Section
16.6.5 would not apply in this case, bearing in mind re-
cent Ontario Municipal Board decisions on similar cases
of illegal non-conforming uses. Consideration of commercial
nodes as per Section 8.3.2.2 would not apply since this is not
a special purpose commercial use and is illegal non-conforming.
If proposal is considered a home occupation, then a special
provision By-law might do so, as long as it specifies home
occupation and did not give site a commercial status. This
would prevent future redevelopment for commercial uses which
should be discouraged along Highway #2 in this. area. Recommend
application be denied.
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The following agencies had no objection to the proposed
rezoning:
Ontario Hydro
Durham Health Unit
Newcastle Public Works Department.
Applications Z-A-1-4-4 and S-P-1-4 (Preston)
Application Z-A-1-4-4 is a request to rezone a 3,000
square metre parcel (36,860 square feet) of land to permit the estab-
lishment of a new and used car lot. The property is currently zoned
"Agricultural" under the Darlington Zoning By-law, there is a single
detached residence on the property.
The application was circulated to the Durham Planning and
Works Departments, the Durham Health Unit, Bell Canada, the Ministry
of Transportation and Communications, Ontario Hydro, Newcastle Works
Department, and Newcastle Fire Department.
The Durham Planning Department submitted conflicting comments regarding
the conformity of the subject application with the Durham
Official Plan. As a result of our enquiries regarding the
conflict, a third letter was submitted, stating that if
Council deemed the proposal a desirable consideration of
an existing node, and if the site were designed in compliance
with the Official Plan criteria regarding this type of con-
solidation, the application would comply with the policies
of the Plan. These letters have been attached for your
information.
The Ministry of Transportation and Communications 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 road 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.
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The Durham Health Unit, Ontario Hydro and the Newcastle Fire Depart-
ment indicated that they had no objection to the proposal.
Bell Canada did not reply to the circulation and is assumed to have
no comments.
The Newcastle Works Department submitted the following comments:
". . .we advise that we have no objection to the rezoning.
However, access from the subject property on to the Road
Allowance between Lots 20 and 21 is not permissible. Any
possible access point on to the Road Allowance would not
have sufficient distance from the intersection".
The site plan agreement application, S-P-1-4 was circulated
to the Newcastle Fire Department, Newcastle Public Works, the Chief
Building Official, the Treasurer and the Town Manager for comments.
The following responses were received:
Chief Building Official - No comment.
Treasurer - No objection.
Town Manager - No reply received. Assumed to have no
objection.
Fire Department
1) All maintenance buildings or repair garage in accordance
with fire safety design standards.
2) Access to all areas and buildings for fire equipment by
means of a street, private roadway or yard.
Newcastle Public Works
The proposed site plan has been discussed with Public Works
staff who have indicated that they are satisfied with the
redesign as requested by the Planning Department.
COMMENT:
As noted above, the rezoning applications and the site plan
application are being dealt with concurrently, as the properties fall under
the "Major Open Space" designation of the Regional Official Plan and may
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be rezoned as a "Special Purpose Commercial" node under Section
8. 3.2.2 of that document. Staff note that a site plan agreement is
required as a condition of development of the Preston property as a major
change in use is contemplated. In the case of the Clark application a
site plan agreement is not required as no new buildings or structures
are to be built, the commercial uses are proposed to remain within the
existing single family detached unit.
Staff note that in the case of the Preston property con-
flicting requirements were specified by the Ministry of Transport and
Communications and by the Newcastle Works Department. On the basis of
those comments (regarding access) planning staff requested revised site
plans from Mr. Preston showing common access with the commercial property
abutting the Preston property to the north. Staff have received and re-
viewed plans submitted in that respect and note that those plans meet
the Regional Plan requirements in respect of common access.
Staff note that the revised plans are contained within the
attached site plan agreement.
Staff feel that the proposed rezoning for Preston meets the
requirements of a "Commercial Node" as described in the Regional Official
Plan. As shown on the attached land use map, there are existing commercial
uses both east and north of the Preston property, if taken in combination
with the Clark application, a concentration of commercial uses related to
the highway may be developed. Staff do not support the development of
"strip commercial uses" along major highways or arterial roads. However,
limited commercial development in the form of nodes allows for some commercial
development to take place while helping to overcome some of the problems
associated with linear commercial development.
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Staff have difficulty in supporting the request for rezoning
submitted by Mr. and Mrs. T. Clark in that the current use of the prop-
erty is not permitted. The Regional Official Plan does allow for the
rezoning of properties in order to permit their continued use, extension
or enlargement (Section 16.5.5) . It is the feeling of Newcastle staff
that that particular Section does not contemplate the rezoning of illegal
uses although Regional Staff have offered the opinion that Section 16.5.5
may be interpreted in that fashion. Due to the proximity of the Clark
property to the Preston property and the other commercial uses at that
intersection, staff feel that the existing uses may be recognized in
order to establish the westerly limit of the commercial node, and to
overcome possible future land use incompatibilities. Staff feel that
the Clark property should be specifically zoned to recognize the existing
uses only and note that any expansion will require further rezoning and
the execution of a site plan agreement providing for, among other matters,
the provision of common access.
It should be noted that the 10th line road intersection with
Highway 2 will be improved as a result of the reconstruction of Highway 2.
The current alignment of the 10th line road will be shifted easterly 50
to 100 feet to form a new angle of intersection with Highway 2. The parcel
created between the existing easterly property boundary of the Preston
property and the new road allowance may be incorporated into the Preston
site at some future time.
Finally, staff note that a petition has been received in
respect of the rezoning for the Preston property, a copy is atttached for
Committee's consideration. In view of the petition, Committee may wish
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to convene a public meeting to hear the concerns of neighbouring
property owners. Staff request Committee's direction in that regard.
Failing direction in this regard, staff request Committee to consider
the following recommendations:
RECOMMENDATIONS:
It is respectfully recommended that the following resol-
ution be forwarded to Council for adoption:
"WHEREAS rezoning applications Z-A-1-4-4 and Z-A-1-4-5 may be inter-
preted as allowing for the consolidation of a commercial node at the
intersection of Highway 2 and the road allowance between Lots 20 and
21 in the former Township of Darlington, and
WHEREAS the Owners of the property subject to rezoning application
Z-A-1-4-4 will be entering into a site plan agreement adressing the
development of the property including common access with an abutting,
zoned commercial use,
NOW THEREFORE, BE IT RESOLVED THAT the Town of Newcastle approves the
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requested rezoning applications and request the Clerk to prepare the
necessary bylaw for the execution of the site plan agreement with
Mr. S. Preston."
Respectfully submitted,
m
DNS:lb D. N. Smith, M.C.I.P.
September 22, 1980 Director of Planning.
oil 49
25
DURHAM April 20, 1979 APR
PLANNING OrPARTMENT t
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Planning
Gapartrnent
Mr. L. Kristof , Planning Director,
Box 623 Town of Newcastle,
us cone mor; Ur.
wwwy, ( mmo Hampton Municipal Office,
C:anad Hampton, Ontario
(41(i)0ci�� 1731
Dear Mr. Kristof :
Re : Application .for Rezoning
Your File : Z--R-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 ;pace" 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. C:ameron, Manager
Current Operations Branch
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THE RE(AONAL MUNICIPALITY OF DURHAM
PLANNING AND DEVELOPMENT DEPARTMENT Wm I H. W:ADAMS, M C I P./Cr�rnmist oner
106 CONSUMERS 0A1VL.'P.O BOX Q3 WHO R'r',ON f ARID t irl GA3 f It. (416)668 /131
In repN, Pwie row to
rile Number
March 20 , 1979 _SL�I'_ LL._ Ci�11•
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Mr . Stewart Preston , �
39 Temperance S tr ee t , i '
Box 1.89 ,
Bowmanville , Ontario. ? �
Dear Mr . Preston : I
Re : Official Plan Amendment Application
Part Lot: 21 , Concession 2 , farmer Twp. of Darlington
Town cat 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. Cfficial
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 exi stir,
special purpose c.orrrrnerc.ial nodes would appear to permit
the development of your Special Purpose Commercial proposal
provided that :_rr. ch node is developed in accordance with
good urban design principals . ThiF interpretation has been
reviewed with staff of the Town of Newcastle who concur with
t.hiB position .
c
As a result , we are returning your Official Plan Amendment
Application including the cheque for 0500 . and the accompanying
mates ial . If you have any questions regarding this matter ,
do not hesitate to contact: this Department.
'Fours very truly ,
L . Kotseff , Manager
Stratngic Planning Branch .
Attachment
c . c . L. Kristoff ,
Town of Newcastle
4i
O. P.A. Gen.
iii rr
May 11 1979
only: MAY 15 1979
'" " h Mr . Don Smith, PLANNINC HPARTM
ENT
P.lanninq Diz:ec:tor,
Town of Newcastle:, +�
Hampton Municipal. Office,
105 Cor Df Hampton, Ontario.
"Vh1thy, ,ntario
Qanwh i IN BA3
a sl rst r1?.t Dear Mr. Smith:
Re : Land Use Proposal
Part-Lot 21 , Concession 2 ,
former Township of Darlington , Toum of__Newcastle
Further to our letters of March 20 , 1979 and April 20 ,
1979 , I 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.
i
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 Suction 8 . 3 . 2 . 2 of the Durham Regional
Official Plan .
This Section of the Plan indicates that such node is Lo -
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. Kotsefi , onager,
Strategic Planning Branch.
Q
Auguat 13, 1979.
T s The To of Newpatle
To Vrhom Xt ��L-oncqi
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WF, TME NEIGHBOURING PROPERWES Or, MR. STEWART PRESTONO ON THE
CORNER Off? HIGHWAY # 2 AND PRESTON RD. v ARE OF THE UNDERSTANDING
TflXV MR* PRESTON HAJS MADE APPLICATION FOR RE.-VIONIN. 011 'PHIS PROPERTY
TO CODMRCM; WXTH THE POSSIBILITIES OF IT BECOMING A CAR LOT.
WE THE UNDERSIGN3766, ARE TOTALLY AGAINST T11ISs
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