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HomeMy WebLinkAboutP-39-81 T 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 FEBRUARY 16, 1981. REPORT NO. : P-39-81 SUBJECT: Application for Rezoning Number Z-A-3-11-6 Part of Lot 26, Concession 1, Village of Newcastle Newcastle Lumber Ltd. BACKGROUND: The subject application requests an amendment to the Newcastle Village Zoning By-law to rezone a portion of a 1.2 hectare parcel of land on Part of Lot 26, Concession 1, of the former Village of Newcastle. The applicant intends to rezone one of the existing buildings on this site in order to permit the operation of a retail commercial establish- ment. The site is designated "Residential" in the Region of Durham Official Plan. Section 8.1.2.1 (a) of the Durham Official Plan states that certain convenience stores which are compatible with surrounding uses would be permitted within "Residential Areas" as designated by the Plan. The application was circulated to the Durham Planning and Works Departments, the Newcastle Public Works Department, the Newcastle Fire Department and the Long Range Planner for the Town of Newcastle for comment. r �J �l 07 2 - The Durham Planning Department submitted the following comments: "The subject lands are designated "Residential" in the Durham Regional Official Plan. The present use of the site as a lumber yard is non-conforming to the permitted uses in this designation. The applicant is now requesting a special provision in the zoning by-law to permit retail commercial uses unrelated to the lumber yard in one of the buildings on the lumber yard site. Convenience stores which are compatible with the surrounding residential uses are permitted in this designation. We are, however, unable to determine whether the proposed use is of a convenience commercial nature. Furthermore, certain retail and personal service commercial uses may be allowed in accordance with Section 9.2.4, added by Amendment 25 to the Durham Plan. Additionally, if this application could be construed as a consolidation to a special purpose commercial node, it may be possible to con- sider a special purpose commercial use in accordance with Section 8.3.2.2." The Durham Works Department stated the following: "With respect to the provision of municipal services, water and sanitary sewer services are available to the subject property. It would appear that the proposal would have no effect on these existing services." The Newcastle Fire Department stated the following: "The Fire Department has no objection to the application for rezoning. The existing fire hydrant located Hwy. #2 just west of the proposed commercial use of the building has a water flow of approximately 907 G.P.M. which is adequate for this type of building." The Long Range Planner for the Town of Newcastle stated the following comments: "The site is designated residential by the Regional Official Plan. Amendment 25 would permit limited retail uses outside of the Main Central Area, provided they are compatible with surrounding uses and that a retail analysis be undertaken. Convenience commercial uses are permitted within residential areas if compatible with their surrounding uses, however, it would not appear as though the proposed use could be considered as convenience commercial since it must rely on clientel from a broader area than its immediate surroundings. Uses of this nature would be preferred within the Main Central Area, which is intended to form a focal point of activity." The Newcastle Public Works Department had no objection to the proposed rezoning. - 3 - COMMENTS: Staff have reviewed the subject application and on the basis of comments received are of the opinion that the proposal does not conform with approved land use designations and policies of the Durham Regional Official Plan. Section 19 of the Planning Act R.S.O. 1970, clearly states that where there is an Official Plan in effect, no by-law shall be passed for any purpose that does not conform therewith. We are, therefore, unable to recommend approval of the requested amendment to By-law 79-44, as amended, until such time as an amendment to the Durham Regional Official Plan has been approved or alternatively the Newcastle Village Urban Area Plan has been approved. RECOMMENDATION: That the Planning and Development Committee recommend to Council the following: 1. That Report P-39-81 be received; and that 2. The subject application for an amendment to Restricted Area By-law 79-44, as amended, be denied without prejudice and the applicant so advised. Respectfully submitted, EP/TTE/lb D. N. Smith, M.C.I.P. February 6, 1981 Director of Planning