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Home My WebLink About79-106 , ~ . II '" ~ .' , THE CORPORATION OF THE TOWN OF NEWCASTLE By-law Number 79-106 A By-law to amend Restrict Area By-law Number l592, as amended, of the former Township of Clarke. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend Restricted Area By-law Number 1592, as amended, of the former Township of Clarke. NOW THEREFORE the Council of the Corporation of the Town of Newcastle ENACTS as follows: I. Section 7 of By-law 1592, as amended, is hereby further amended by adding thereto the following subsection 7.3 (c), as follows: "(c) "HC-3" Part of Lot 15, Concession 2 Notwithstanding any provisions of this By-law to the contrary, that part of Lot 15, Concession 2 which is designated "HC-3" on the attached Schedule "A" hereto shall be used for no other purpose than a single family dwelling, a commercial nursery and accessory landscaping business, and a sales and service outlet for small engines and snowmobiles, provided that no person shall use any la~d subject to this special provision, nor erect, alter or use any building or structure thereon, exoept in conformity with the following requirements. In the event that this special provision is silent on any matter, then the provisions applicable to an HC zone shall apply: , I . . " ~ * - 2 - (a) Lot Frontage (minimum) (b) Lot Area (minimum) (c) Front Yard (minimum) (d) Side Yard (minimum) (e) Rear Yard (minimum) (f) Floor Area (maximum) 45 metres .4 ha 30 m 7.6 m 15 m The total floor area of all non-residential buildings on the site shall not exceed 1525 metres. (g) Outside Storage Notwithstanding any provision of this By-law to the contrary, no goods, materials or equipment shall be stored except in a building. This provision shall not apply to vehicle accessory to the residential use on the lot. (h) Site Plan Control The lands subject to this special provision are hereby designated a Site Plan Control Area under the provisions of Section 35 (a) of the Planning Act." 2. This By-law shall come into effect on the date hereof, subject to the provisions of Section 35 (10) of the Planning Act. BY-LAW READ a first time this 9th day of October , A.D. 1979. BY-LAW READ a second time this 9th day of October ' A.D. 1979. BY-LAW READ a third time and finally passed this 9th day of October , A.D. 1979. ~d~/ ( (seal) G. B. Rickard, Mayor ...::;,.._.",^~" McIlroy, Clerk ~ ..of . '. . ... , II , LOT 16 " SCHEDULE IX I I ' I N 72051'E 80.5 m :! +1 .'E o C\I I{) LOT 15 CONCESSION +t 'E 0' rO' -, C\I 2 3= I'- C\I o I'- ..................-.'.-...-.. ....................... ...............-:.:-:-:.:.:-:.:-:':.:-........ ....... N 72051 E 60,5m :!: ROAD ALLOWANCE BETWEEN CONCESSIONS I and 2 THIS IS SCHEDULE IX' TO BY-LAW 79-22&, PASSED THIS .st.b- DAY OFOrrnhpr, 1979,A.D. ~.. ~ , ?5 /" __.<7~ ;/[?<-~-?~ II"""" G. RICKARD~ !!i!!,!!1 ZONE CHANGE TO 'Hc-3' . , Me ILROY, I ( seal) .. Form R-6 .~ e. Ontario Municipal Board rMr. Joseph M. McLlroy, Clerk, Town of Newcastle, 40 Temperance Street, BOWMANVILLE, Ontario L LIe 3A6 416/965-1908 180 Dundas 51. West Toronto, Ontario M5G 1 E5 Quote File Number R 80430 August 28, 1980 - - Dear Sir: . , Enclosed is documentation as follows: [:] Copy of Decision dated r:J Duplicate Original of Decision dated [i] Board's Order made July 11, 1980 [:) Appointment for Hearing Yours truly, ~. -. 5lJHf<fsure ( C. Saruyama Supervisor Planning Administration It . R€.C€.\\l€.P D S \930 Sb . It . . It ~. ... I BR 80430 Ontario Municipal Board IN '!BE MA'rTER OF SeotJ.on 35 of The Pl~DDlng Ac't (R.S.O. 1970, o. 349 , ... and ... IN 'nIB MA'Pl'ER OF an applioat.ion by The COrporaUon of the 'l'OWD of NewcuUe for approval of i'tS Reau:!.o1:ed Area By-law 79-106 BBFORE: . I D.II. llOGBBS, a.c., M~ 1 ] ] Friday, the 11th day of July, 1980 TBD APPLICATION having come on for public heuing on ~SI day a1: the 'rown of NewcasUe and aft.er the hearing of t:he applioatJ.on , BE BOARD ORDBBS 1:hai: By-law 79-106 is hereby approved. . I. SECU'1'ARY I- e r---'!1rn:ltto' AJ.1J rn, . .;() <7'{1- "3 Q. a~ NQ!\ttK'\II<<:n"n"u~f.lil!ll'. ..:<' / fuikl No.,...~l'''''.it''tt..."..." //. ':A '11 ft (7Wvvvwvf AUL; ~ B 1980 .d~ ~~r:"""~~::l"'-= .-- ~ ~ . /1 v' . ~ \. ~~ .l ;5' .f . /(".,{,r V Form R-C Ontario E Ontario 416/965-1908 180 Dundas St.West Municipal M5G 1i�50ntario Board ' a rMr. D.N. Smith Director of Planning Quote File Number Town of Newcastle R 80430 Planning and Development Dept. HAMPTON, Ontario LOB 1J0 August 28 , 1980 Dear Sir: Enclosed is documentation as follows : . LX ! Copy of Decision dated July 11 , 1980 Duplicate Original of Decision dated Board ' s Order made Appointment for Hearin; Yours truly, C . Saruyama Supervisor Planning Administration Enclosure /sh 4/8/80 { :ns R 80430 Iq ,. 7 Ontario Ontario Municipal Board IN THE MATTER OF Section 35 of The Planning Act, (R.S .O. 1970, c. 349) and, - IN THE MATTER OF an application by The Corporation of the Town of Newcastle for approval of its Restricted Area By-law 79-106 C O U N S E L Thomas H. Greer, Q.C. - for Brunhilde Schweizer MEMORANDUM OF ORAL DECISION delivered by D.M. ROGERS July 11, 1980 The Board was asked to approve a spot zoning by-law of the Town of Newcastle, being By-law 79-106, whereby to amend By-law 1592 of the former Township of Clark, which is quite obviously now a by-law of the Town of Newcastle. The purpose of the by-law is to change from an Agricultural zone, a parcel of land on Lot 15, Concession 2, of the Township of Clark, containing about 1 acre, being part of a 3 . 96 acre holding in order to permit not only the existing dwelling, but also a building for the sales and service of snowmobiles and small engines in an existing building which was to be remodelled and which building is about 190 feet from the highway, but not behind the existing dwelling. They also proposed in front of the existing building, a commercial nursery sales building to sell nursery products and accessory landscaping facility. The by-law contains a restriction against the outside storage of any of this equipment, but does not restrict the sales within a building. 2 R 80430 The planner says that the area is of no use for agriculture despite the fact that there is hay at the rear of the garage on the back end of the property which of course is not part of the subject property . Apparently there was also some possibility of it being used for gravel pits. The surrounding areas is an area of commerce and gravel pits and could not be said to be either agricultural area or a residential area. The frontage is on a Provincial Highway and therefor a highway commercial type of use would seem appropriate and there is a suggestion in the official Plan for the Region of Durham that there should be a grouping of highway commercial types so that this would appear to conform. It would appear that those objecting were primarily concerned about competition either for their nursery business on the one hand, or the small engine sales and service on the other . We do not believe that competition is a planning concern unless it can be shown that the effect would be that the Town and its inhabitants might be forced to take over some con- ceivably large building which is not economically feasible and which would therefore be a detriment to the Town and its rate- payers. This would not appear to be relevant in this case. We do not think that planning is involved with protecting the existing industries or businesses . The objector said that the area is not suitable, but did not given any specific reasons. They indicated that the size would apparently appear to be small, but the owner seemed to have no problem with respect to its size. We consider that this again is a problem of the owner, not the Town unless it is so ridiculously small that it could not be said to be sensibly viable. The land is level and there is a frontage of about 220 3 R 80430 feet. It would seem that this would be adequate in any event for the operation of the nursery and other business . There is some indication that greenhouses would need water but the only place that greenhouses would be constructed might be at the rear of the property which is not the subject matter of this application. That might be the subject of another application at a later date if such could be required. There was some suggestion that the ministry of Transportation and Communication might object ttp the access, but they did not appear in this case to do so. There therefore being no proper planning reasons which would persuade the Board that this by-law should not be approved, the Board therefore approves By-law 79-106 of the Town of Newcastle. There is no order as to costs . D.M. ROGERS MEMBER