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.
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- 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
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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,
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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.
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ZONE CHANGE TO SPECIAL
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Scol e 1:500 m
-- -E�- G.B.Rickard ,Mayor
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(SEAL)
J.M.Mcilroy ,Clerk
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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
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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
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.;Q Gr�y',�/bepuey Clerk
ZONE CHANGE TO ` Phi G—c`
t4 80 100
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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
..............
DEC 131978
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