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.
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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.
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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