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HomeMy WebLinkAboutP-14-81 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 JANUARY 19, 1981. REPORT NO. : P-14-81 SUBJECT: Application for Rezoning -- Part of Lot 21, Concession 2, former Township of Darlington, Robert Hockney (Bob's Towing) -- Our File: Z-A-1-4-3 BACKGROUND: On October 9, 1980, Town Council passed By-law 80-134, which amends the Restricted Area (Zoning) By-law of the former Township of Darlington to permit the development of a parcel of land at the north- west corner of Highway 2 and Preston Road as a new and used car lot. One of the conditions of approval of this application was a requirement that no commercial entrance be permitted on the site, because of potential traffic hazards, but that the proposed use should develop a common access with Bob's Towing, a towing business and vehicle compound located immediately to the north of the proposed car lot. To fulfill this requirement, and to provide a more logical boun- dary between these properties Mr. Preston, the proponent of the car lot, and Mr. Hockney, the owner of Bob's Towing, submitted applications to the Region of Durham Land Division Committee for severances for a boundary re- alignment. „y' - 2 - The applications proposed the conveyance of Part 2 on the attached Plan, presently owned by Mr. Hockney to Mr. Preston in exchange for Part 3. The Land Division Committee granted these severances, and a property exchanged was effected. Because staff was aware of this imminent property exchange, By-law Number 80-134 rezoned Parts 2 and 4 for a car lot. Prior to this land exchange, Part 1 had been zoned M2-1 by By-law Number 78-99. Because Part 3 had not been included in the lands subject to either of these By-laws, it has retained its original "Agriculture" Zoning. On November 10, 1980, the attached letter from the law firm of Mackey, Bailey and Higgins was received by the Planning Department with a request that Part 3 be rezoned from its present "Agricultural" zoning to "M2-1" so that it may be used, in conjunction with Part 1, as a towing operation and vehicle compound. COMMENTS: Staff has reviewed the request and have no objection to its approval. RECOMMENDATION: It is respectfully recommended: 1. That this report be received for information; 2. That the request for rezoning of Part 3, Plan 1OR--1190 be approved; and 3. That the attached By-law be forwarded to Council for approval. Respectfully submitted, ' t NJF:lb D. N. Smit , M.C.I.P. December 18, 1980 Director of Planning MAcHEY & BAILEY & Higgins TELEPHONE 723-1107 AREA CODE 411{ BARRISTERS, SOLICITORS. NOTARIES PUBLIC i BRUCE V. MACKEY, O.C. EARL G. BAILEY, O.A., LL.t. P.O. BOX 518 17 SIMCOE STREET NORTH OSHAWA, ONTARIO LIH 7L9 November 5, 1980 Mr. Donald Smith =` Director of Planning Planning Department °° �T Town of Newcastle Municipal Building Hampton, Ontario LOV 1JO Dear Sir: Re: Plan 1OR-1190 - Hockney and Preston Further to my telephone conversation with you concerning Part 3 on the above-mentioned reference plan, please accept this letter as our request that Part 3 be re-zoned to Industrial M2-1, which I understand is the same zoning now existing on Part 1 owned by Mr. Hockney as it is Mr. Hockney's intention to be able to use Part 3 in his business in conjunction with Part 1. If you require anything further please advise. Yours very truly, Mn=, BAILEY & HIGGDTS EGB:mk Per: 0 THE CORPORATION OF THE TOWN OF NEWCASTLE i jl l By-law No. 80- 134 bein`, a by-law to amend Restricted Area By-law Number 2111 of the forger Township of Darlington WHEREAS the Council of the Corporation of the Town of Newcastle ENACTS as follows: 1. Map 23 of Schedule "A" to By-law 2111, as amended, is hereby further amended by changing to Special Provision By-law 80- 134 the zone designation of the lands designated "ZONE CHANCE TO SPECIAL PROVISION BY-LAW 80434' and by identifying within the said Special Provision Part 1 and Part 2 as shown on the attached Schedule "X" hereto. 2. Section 13 of By-law Number 2111, as amended, is hereby further amended by adding thereto the following subsection 'v' : "(v) Part of Lot 21, Concession 2 Part 1 Notwithstanding any provisions of this By-law to the con- trary, that portion of Lot 21 identified as Part 1 within the lands designated as "SPECIAL PROVISION BY-LAW 80-13� on the attached Schedule "A" hereto shall be used only in accordance with the following provisions: (1) Permitted Uses (a) one single family dwelling, a new and used auto- mobile sales and service outlet, and buildings and structures accessory thereto. i 2 - (2) Zone Provisions (a) Lot Area (minimum) 3072.0 m2 (b) Lot Frontage (minimum) 49. 8 m (c) Front Yard (minimum) (i) Buildings 33.0 m (ii) Display Area 6 .0 m (d) Interior Side Yard (minimum) U) Buildings 18.0 m (ii) Display Area 3.0 m (e) Exterior Side Yard (minimum) (i) Buildings 7.7 m (ii) Display Area 8.0 m (f) Rear Yard (minimum) (i) Buildings 15.0 m (ii) Display Area 41.0 m (g) Parking Spaces (minimum) 5 (h) Maximum number of automobiles to be stored in the display area at one time 30 Part 2 Notwithstanding any provisions of this By-law to the con- trary, that portion of Lot 21 identified as Part 2 within the lands designated as "SPECIAL PROVISION BY-LAW 80-134" on the attached Schedule "A" hereto shall be used only in accordance with the following provisions: (1) Permitted Uses (a) one single family dwelling, which may contain a hairy >ing establishment and/or a travel agency "`fi 3 - (b) buildings and structures accessory to the single family dwelling on the lot. (2) Zone Provisions (a) Lot Area (minimum) 1858.0 m2 (b) Lot Frontage (minimum) 34.9 m (c) Front Yard (minimum) 17.0 m (d) Interior Side Yard (minimum) .4 m (e) Rear Yard (minimum) 1.9 m (f) Parking Spaces 1 parking space per dwel- ling unit and 1 parking space per 9. 3 m2 of com- mercial floor area. 3. This By-law shall come into effect on the date hereof subject to the provisions of Section 32(25) of the Planning Act. BY-LAW READ A first time this 20th day of October A.D. 1980. BY-LAW READ A second time this Loth day of October A.D. 1980. BY-LAW READ A third time and finally passed tl°tis 20th day of October A.D. 1980. / G. B. RICKARD, Mayor (seal) C, r . J. M. McILROY, Clerk THIS IS SCHEDULE 'X' TO BY-LAW 80- 134 PASSED THIS 20th DAY OF October ,A. D. 1980 . SPECIAL PROVISION BY-LAS!( 80- 134 TO BY-LAW 2111. I N 720 04 30 E 30.460 m L 0 N 740 10' E 43.419m CO \'C •9 �d E ti v M N ti• cf �n E C1 co O: E_ N m m a� =o �n N r C 3 0 M• - O 0 N M 4 C,7 0 z t— O� 3 M: A — 0 J w 0 r; -Z - LJJ W N 80• g 4 W LLJ J' D' 3• g 9 U 4 2.. f Z G ti q r 0 U c� g 30;, - �Y Q C� ZONE CHANGE TO SPECIAL PROVISION BY L,I.,V 80- 134 Scol e 1:500 m -- -E�- G.B.Rickard ,Mayor 10 5 0 10 20 30M l - (SEAL) J.M.Mcilroy ,Clerk I ; j 1 ► i I ! 1 I I Oil t 1 , 1 LI F 23 22 I 21 20 1 19 18 17 16 I� 14 I i 1 1 1 1 ii{ 1 C ROA L.3 — 0 I j ( > ! uj I I I i I 1 1 I ( I ! 1 SUBJECTI I j 1 j LANDS ' � 1 i i I I I I { I j raACif� I a + j V J CON CES S IkN ROAD KEY MAP f or BY- LAVV { 3 1 I I b 1 I i I 1 p¢ a n 1 I j 1 U 9 THE CORPORATION OF THE T014N OF NEWCASTLE By-law 78 - 99 A By-law to amend Restricted Area By-law Number 2111 of the former Township of Darlington WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend Restricted Area By-law 2111 of the former Township of Darlington. NOW THEREFORE the Council of the Corporation of the Town of Newcastle ENACTS as follows: 1 . Section 9 of By-law 2111 is hereby amended by adding thereto the following subsection (c) entitled "Special Provisions" (c) Special Provisions (i ) M2-I - Lot 21 , Concession 2 Notwi-C of this By-law to the contrary, the portion of Lot 21 , Concession 2 designated "M2-1 " on the attached Schedule "X" hereto shall be used for no other purpose than the temporary storage and/or repair of vehicles provided that said vehicles may only be stored within a fenced enclosure, that no vehicle may be stored on the lot for more than 30 days, and that no building or structure may be erected or used on the subject land except in conforming with the following provisions : (a) Lot area (minimum) 30,000 sq. ft. (b) Lot frontage (minimum) 250 feet f - 2 - V,(3 (c) Front yard (minimum) 30 feet (d) Side yard (minimum) 30 feet (e) Rear yard (minimum) 50 feet (f} Parking spaces (minimum) 1 for each 50 square feet of gross floor area or portion thereof. 2, Key Map 23 of Schedule "A" of By-law 2111 , as amended, is hereby amended by charging to "M2-1 " the zone designation of the lands indicated as "ZONE CHANGE TO M2-1 " on the attached Schedule "X" hereto. 3. This By-law shall come into effect on the date hereof, subject to receiving the approval of the Ontario Municipal Board. BY-LAW READ a first time this 23rd day of October A.D. 1978. BY-LAW READ a second time this 23rd day of October A.D. 1978. BY-LAW READ a third time and finally passed this23rd day of October , A.D. 1978. G. B. RICKARD, Mayor GERTRUDE E. GRAY, De ty Clerk i Y SCHEDULE 1i f z Y N $9 0 fit if [fill it If t ' a C N N n J a 4 & i.4 740 10 E 91'7 uj ill fill n Ill fill t& - tLdj y Q -call CO 0 � 4 z O sg N7g° 10 it E �isrrt 50 10.5 f IIE;�W4 o� v M N THIS 1S SCHEDULE 'X' TO BY-LAW 78-- 99 ,FUSED -THIS 23rd DAY OF C?c tube A.D. 1977 M S.E. Angle N LOT 21 lCrCARD, Mayor l .;Q Gr�y',�/bepuey Clerk ZONE CHANGE TO ` Phi G—c` t4 80 100 'oj R 783601 Ontario Mu-nicipal Board IN TEE MATTER OP Section 35 of The PlannincT Act (R.S.O. 1970e e. 34U—, I - and - IN THE MATTER OF an application by The Corporation Of the Town Of Newcastle for approval of its Restricted Area BY-law 78-99 0 R R z W.H.J. THOMPSO-N, Q.C. Vice-Chairmuan and Thursday, the 7th day of W.L. BLAIR Member December, 1978 NO ObJecti011s tea approval having been received as requiredl THE BOARD ORDL.,RS that By-law 78-599 is hereby approved. AISECRETAKf ism ENTERED .............. 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