HomeMy WebLinkAboutP-227-79i
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CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P., Director
HAMPTON, ONTARIO LOB iJO TEL. (416)263-2231
REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING Or December 20, 1979.
REPORT NO.: P-221-79
SUBJECT: Rezoning By-law 78-117 (Henderson)
BACKGROUND:
Council requested on December 17th, 1979 that a report be pre-
pared in respect of the above -noted matter for consideration by the
Planning and Development Committee at their meeting of December 20th,
1979.
Attached please find a chronology of events regarding this
matter including all relevant Committee and Council resolutions.
As noted in the attached material, the subject by-law was
approved by Council on April 9, 1979. The by-law was circulated as
per Ontario Municipal Board procedures and two objections to the by-
law were received. Council forwarded the By-law to the Ontario Municipal
Board which convened a hearing on December 10, 1979.
As directed by Council, staff appeared at the hearing in support
of the application. One of the two objectors also appeared at the hearing
as did the applicant, Mr. William Henderson.
I. J
q - 2 -
On considering the evidence the presiding Board Member delivered
his decision to the effect that he did not consider the objectors con-
cerns regarding traffic as grounds for discussing the by-law, however,
the Board Member indicated that the By-law did not conform to the pro-
visions of the Durham Regional Official Plan. On that basis, the by-law
was dismissed.
The Board Member indicated that the provisions of the Regional
Plan in respect of a local municipality's authority to zone "to permit
the construction, expansion or enlargement of existing uses." (.Section
16.6.5) are based on Section 35(21) of The Planning Act which, in effect,
allows a municipality to zone to permit the extension or enlargement of
a prohibited use provided that such use is "legal non -conforming". As
the butcher shop operation is an illegal use, the Board ruled that the
By-law did not conform to the Regional Official Plan policies. An
Official Plan Amendment would, therefore, be required in order that the
subject property might be appropriately zoned.
Staff have met with Mr. Henderson subsequent to the Board Hearing
and indicated that he has several options available:
1. He may appeal the Board's decision to the Cabinet,
2. He may file an Official Plan Amendment application,o��o ".t
3. He may request Council to include appropriate policies
and designations in the Hamlet Development Plan for Ennis-
killen which is to take the form of an Official Plan Amend-
ment.
- 3 -
Staff have indicated to Mr. Henderson that the use of his
property for a butcher shop is in contravention of the existing
zoning on the property and that it would be appropriate for him to
cease his use of the property for such purposes.
Staff feel that the existing by-law zoning Mr. Henderson's
property, Deferred Development (.D), should be enforced. Upon the
approval of the necessary Official Plan Amendment, Council may con-
sider a subsequent rezoning of the property for a butcher shop.
RECOMMENDATION•
1. That this report be received for information, and
2. That a copy of this report be forwarded to the By-law
Enforcement Officer.
Respectfully submitted,
DNS: lb D. N. Smith, M.C.I.P.
December 18, 1979 Director of Planning
OMB Hearing Evidence
(Henderson) Zoning By-law 78-117
® Site .is 1.548 acres. Part of Lot 1.8, Concession 7
former Township of Darlington. Enniskillen, Ontario
® Site was zoned Deferred Development (D) under By-law 2368
approved by the Municipal Board on Jan. 22, 1969.
o "D" zone permits a a single family dwelling
o agricultural
a recreational
o home occupation uses
o Butcher shop not a permitted use.
4 applicant has indicated that the proposed use "a butcher shop"
has been in operation since August of 1973.
o Oct. 1978 a complaint was received by the Town's By-law enforce-
ment officer about a sign on the subject property.
o The by-law enforcement officer advised the applicant Oct. 12, 1978
that the operation of the butcher shop was in contravention to the
zoning by-law.
o Advised by by-law enforcement officer that in order to continue the
butcher shop operation that a rezoning would be required.
® applicant was advised that signs were not permitted.
0 on Oct. 13, 1978 an application for rezoning was filed with the
Town.
o on Dec.*11, 1978 Newcastle Planning and Development Committee con-
sidered staff report P-103-78.
Staff Report 103-78 recommended that the proposed application for
rezoning he approved and that the amending By-law contain a provision
that a site plan agreement under Section 35(A) of the Planning Act
be required before any expansion of the existing commercial use of
the Lot is permitted.
Staff report notes that the by-law conforms to the Durham Regional
Official Plan and the Official Plan for the former Township of Darl-
ington. 16.6.5 Regional Plan page 84
Sect. 3 sub. (1) Darlington O.P. page 3
Staff recommendation adopted by P & D resolution 582-78
on Dec. 11, 1978 with amendment to indicate that site was to be zoned !
for a "butcher shop only"
v h
objectors were heard at this time.
(certified copy of Minutes.).
d
Report No. 2
i Mayor Rickard 6 Members of Council: -
The following is a report of a meeting of the Planning & Development
Committee held on Monday, December 1.lth, 1978 at 1:00 p.m. in Court Room
No. 2.
1. Enniskillen Rezoning - Butcher Sh
Mr. Ken Heard, Enniskillen, operator of the General Store indicated that he
objected to the Rezoning of Mr. Henderson's property to Commercial if this
intailed an extension of Mr. Henderson's business. He said he was not
opposed to the present use, but he objected to any increased development.
Mr. Wm. Griffin indicated that the business was not there in 1973 as stated
in the application.
Mr. Rick Rowan asked :if the Enniskillen District flan is in effect yet
and was advised by Mr. Kristof that it was not completed because they were
waiting on the development of the water system. Mr. Rowan said that he
was in favour of the rezoning.
Mr. Beard stated that he had a walk in cooler in his General Store, but would
not sell fresh meat as long as Mr. Henderson is operating and also that he
had no objection to Mr. Henderson's business as presently carried on. He
presented a petition in opposition of the Rezoning to Commercial.
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Mrs .S �.eadbeater also indicated that the business was not operating in 1973,
rIhut Ci i L�pr opinion since one and a half years ago.
Mr. Henderson stated that he had applied to Darlington Council in 1973.
He also stated that he accepted the By-law as submitted by the,Planning
Department sand that there was positively no abbatoir in his plans.
it was recommended to Council that Report NP-103-78 be adopted and that the
proposed application for rezoning be approved for a butcher shop only, and
that the amenAi.ng By -.law contain a provision that a site plan agreement
under Section 35(u) of the Planning Act be required before any expansion
of the existing commercial use on the Lot is permitted. (See By -Law No. 78-117)
2. By -Law 77-84 and 77-85 (Cedar Park)
Mrs. B. Staples appeark before the Committee regarding Report NP-107-78
(Cedar Park).
i
!li Mrs. Staples indicated she objected to the owner operating a trailer camp
I " prior to OX.B. approval. She stated she would like a site plan for screening,
fences, etc. She would also like to see this as a seasonal business, from
May to October and no snowmobiles allowed, and also that the number of people
in the park be limited and the type of building construction be controlled.
.� Mrs. Staples presented a letter indicating that the residents of Cedar Park
.. area had decided to withdraw their objection to By -Law No. 77-84.
oii y �V
Jv�unicipal Clark
S •.1�iflkdl
d1A4P£Ttli:Si`f4 "r
o On Dec. 18, 1979. Newcastle Council considered the proposed
By-law 78-117 and was given first reading.
a Second reading was tabled. Council resolution #C-78-1600
"That the second reading of By-law No. 78-117 be tabled
pending further clarification and input by the Planning
and Development Department in a Report to the Planning
and Development Committee"
4 Certified copy of Council Minutes attached:
9n4?,C�11i�,I�N��1 �9 ',��.�a ��� G'�iM. �f� �''�,'�'?. ,. •.•�,
• (Affi ()I: NF1q(:A!;TI.I:
Irucumhur• 1HLh, 1978
fli[lilt c:; ui .r rr};lrlur nr� l inl; �rI (;rrrnrcII hclrl un
�$# December pith, 1978 at 1:15 p.m. in Court Room
No. 2.
Roll
Call
I'rcr;cnl wurc: Mayor
Councillor
'Town C I e rk
0
(;arneL B. Rickard
Keith Barr
William Clarke - at 2:20 p.m.
Ann Cowman
Ivan M. Hobbs
Jasper W. Holliday
Maurice Pr.out
J.M. Mcllroy
Also Present: Town Manager, A.C.W. Guiler
Treasurer, K. DeGroot
Director of Community Services T.A. Canning
Director of Public Works J. Dunham
Resolution #C-78-1562
Moved by Councillor Barr, seconded by Councillor Cowman.
Council I
es
Council
THAT the minutes of the Council Meeting held on
Nov.
November 20th, 1978 be adopted as .read.
"CARRIED"
Resolution) IIC-78-15G3
Moved by m nrciIfor Barr, seconded by Councillor Trout.
Special
Council
THAT the minutes of the Special Council. Meeting held on
Minutes
November 27th,'1978 he adopted as read.
Nov. 27/78
A
"CARRIED" a
Resolution HC-78-1564
I,
Moved by Councillor Cowman, seconded by Councillor Hobbs.
Inaugural
THAT the minutes of the Inaugural Meeting held on
Meeting
Minutes
December 4th, 1078 be adopted as read.
Dec. 4/7S
"CARRIED"
Oakland
Mr. R. Jeffrey of Oakland Developments appeared before
Developments
Council requesting that Council endorse an extension of
be Draft
one year for Draft Approval of Subdivision P18T24002 in
Approval of
Enniskillen.
Subdivision
Henderson
Mr. D. Heard appeared before Council concerning the application
Rezoning
for rezoning for a Butcher Shop in the Village of Enniskillen.
Application
Ile said that he requested that a Butcher Shop be defined in
(I,Ini.p y) r
the proposed By -taw.
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I4�,�iAR1'0.11.iinY:4V.4 �r a ,..T .<: l i �
, . ,. - __ ......... ... .. ......
., / Council Minute;
Ca ian Order
Ca
R
i
i Mr. J. Service
re Subdivision
i +I' Village of
Newcastle
i
'Town t 'jerk's
1 sig►•: ion
cQ CorresI ndence
tot 000201 thp l�4lj'(ti �.1a}�eml►c.'r' 18th, I978
Mrs. Leadbcater appeared before Council and indicated
that she objected to the butchers' overall effect on
the Hamlet.
Mr. YOUrt'h appeared before Council to urge that the proposal
be processed as soon as possible, as time was of the
essence. He said that the Foresters believed that the
proposal should be clone on a Land Use Bases.
Mr. James Services appeared on behalf of his client who has
proposed a Subdivision North of Milani property in the Village
of Newcastle and requested that the District flan for the
area be finalized as soon as possible.
Resolution UC-78-1565
Moved by Councillor Hobbs, seconded by Councillr Prout.
IVAT the matter be referred to the Planning and Development
Staff to report to the Planning and Development Committee.
"CARRIED"
Resolution HC-78-1566
Moved by CouliciIfor Barr, seconded by Counc11l.or Trout.
THAT the Town Clerk's designation of correspondence to
be received for information, be approved.
"CARRIED"
1. Ontario Hydro dated October., 1978, regarding Newbriefs -
Lennox to Cherrywood 500 kV 'Transmission Line, be received
For information.
2. Mr. Wm. Clarke dated November 24th, 1978 regarding
resignation from the Committee of Adjustment, be accepted
with thanks for past services.
3. Community Telephone Company of Ontario Limited dated
November 27th, 1978 regarding increase in rates, be received
for information.
4. Central Lake Ontario Conservation Authority re Minutes of
November 21st, 1978 and November 28th, 1978 be received
for information.
5. Ganaraska Region Conservation Authority re Minutes of
various Meetings be received for :information.
W Ontario Municipal Board re decision of an appeal by
Ernest Schweizer from a Decision of the Land Division
Committee. be received for information.
7. Newcastle Public Library Board dated December 14th, 1978,
re Invitation to Attend Library Board Meeting, be received
for information,
011116 1 Minutes
i
Bowlllallville
Central
13usill css
Improvement
Area
Bd. of
Management
i
y% f, By -Law No.
78-117
Henderson
Rezoilillp
Oakl,lnil
Developments
Extension for
j; Draft Approval
I' "1 of SllbdlVlSjOl1
18T-24002
r�55
S welopmelit
(. dilllll l t t cc
Report
1978
Mr. George Carson indicated that the reason for having the
races in the afternoon was because of a lighting problem
for evening racing.
Resolution #C-78-1576
Moved by Councillor Hobbs, seconded by Councillor Holliday.
THAT ltem No. 8 of Correspondence be reconsidered.
"CARRIED"
Resolution IiC-78-1577
Moved by Councillor Holliday, seconded by Councillor Barr.
THAT .Item No. 8 re NUlItltes of a n►eetilli, of.' the Bownlanville
Central Business Improvement Area Board of Management,
be received for information.
"CARRIED"
Resolution kC-78-1578
Moved by Collnc.il.lor Cowman, secolnded by Councillor Trout.
THAT the Agenda be altered to deal with By -Law No. 78-117
,it this time.
"CARRIED"
-\,k Resolution IIC-78-1579
Moved by Councillor Cowman, seconded by Councillor Ilobbs.
THAT the foregoing RCSOIUti011 be rescinded.
"CARRIED"
Resolution IIC-78-1580
Moved by Councillor )fo.11idly, seconded by Councillor Barr.
THAT Mr. Jeffrey of Onkl;lnd Developments he granted a
011e year extens.i.oli .for draft al)llroval for Subdivision 18T-24002
:in the Village of linniski.11oll in conjunction with District
Ilan for Enn:i.sk.i.l.lell.
"CARRIED"
ROSO lilt coil IIC -78-.158.1
Moved by Councillor Cownlall, seconded by Councillor Holliday.
THAT ! he I'lannilli; t; Development Conlnli_ttee Chairman's Report of
Alec' held on November 27th, 1978 be adopted except for
I 4, 7 un<i 8,
"CARRIED"
COMIC1.1 Mi11U,Cc•s
k nCCe111bC1' pith, 1978
Resolution HC-78-1597
2 Moved by Councillor Cowman, seconded by Councillor Hobbs.
l THAT the foregoing Resolution be amended by adding the
words "on the understanding that this Council will not
give final consideration to this application until the
COUrticc District Plan :is approved".
"CARRIED"
Resolution IIC-78-1598
Moved by Councillor Holliday, seconded by Councillor Prout.
By -Law THAT leave be granted to introduce By -Law No. 78-117 being
No. a by-law to amend Restricted Area By -Law Number 2111, as
78-117 amended, of the former 'Township of Darlington, and that
the said by-law be now read a first time. (Henderson).
"CARRIED
4< Resolution #C-78-1599
Moved by Councillor Holliday, seconded by Councillor. Prout.
THAT the second reading of By -Law No. 78-117 be approved.
i,„,.� �- ►' r( Resolution IIC-78-1600
Moved by COUnCillor Iloi.l:i.clay, seconded by Councillor Cowman.
THAT the second reading of By -Law No. 78-117 be tabled
pcnd.ing further clarification and input by the Planning and
Development Department :in a Report to the Planning and
Development Committee.
"CARRIED"
Adjournment
Resolution NC-78-100.1
Moved by Councillor PrOUt, seconded by Councillor Clarke.
THAT Council adjourn the meeting until 9 a.m. tomorrow morning.
"CARRIED"
o On April 9, 1979 Staff Report P-51-79 was submitted directly
to Council for consideration. A revised working of "butcher shop"
was included for clarification.
o On April 9, 1979 Council lifted the second reading of By-law 78-117
from the table and amended (clause 1) of the By-law as follows:
"means a building or part of a building where meat and poultry are
cut, processed, wrapped and offered or kept for sale to the public.
This definition shall not include an abbattoir or a general purpose
store. For the purpose of this definition, processing shall include
the curing, as well as the manufacturing of cold cuts, but not smoking
of meat."
Council Minutes
Roll
Call
Council
Minutes
Special
Council
Minutes
Mr. Henderson
re By -Law
No. 78-117
Butcher Shop
Mr. J. Barnard
re Courtice
Storm Drainage
Easements
Bo%%nnanvil 1 e
Jaycees re
Bowmanville
Week
TOWN OF NEWCASTLE April 9th, 1979
Minutes of a regular meeting of Council held on
April 9th, 1979 at 9:30 a.m. in Court Room.
No. 2.
Present were: Mayor Garnet B. Rickard
Councillor Keith Barr
Councillor William Clarke
Councillor Mn Cowman
Councillor Ivan M. Hobbs - until 6:00 p.m.
Councillor Jasper W. Holliday - at 9:40 a.m.
Councillor Maurice Prout
'town Clerk J.M. Mcllroy
Also Present: A.C. Gu:ilor., 'Town Manager.
J. Dunham, Director of Public Works
K. DeGroot, 'Treasurer -
T.l1. Panning, Director of Community Services
D. Smith, Director of Planning
Resolution PC-367-79
Moved by Councillor Barr, seconded by Councillor Clarke.
THAT' the minutes of the Council Meeting held on March 26th,
1979 be adopted as read.
"CARRIED"
Resolution PC-368-79
Moved by Councillor Cowman, seconded by Councillor Hobbs.
THAT the minutes of the Special Council Meeting held on
April 2nd, 1979, be adopted as read.
"C11RRI ED"
Mr. Henderson appeared before Council relative to Rezoning
of his Butcher Shop (See By -Law No. 78-117).
Mr. J. Barnard appeared before Council regarding the
casements required for the Courtice Storm Drainage. He
wished Council to ensure him that negotiations will be
carried out prior to any definite action being taken.
He was assured of this.
Mr. L. Pooler of the Bowmanville Jaycees appeared before,
Council regarding the new location for Bowmanville Week.
He indicated that the new location would be on the Last 1
side of Simpson Road South in the vac:i.nity of Ooft Darlington
Marina.
Counc.i l Miliiiecs - 10 - April 9th, 1979
Resolution NC-407-79
Moved by Councillor Cowman, seconded by Councillor Hobbs.
THAT the foregoing Report be received for information
and"filed.
"CARRIE'Drr
Resolution #C-408-79
BY -Law
Moved by
Councillor Cowman, seconded
by Councillor Prout.
No.
78-117
THAT By -Law
No. 78-117 be dealt with
at this time.
(Iloll dorson)
"CARRIED"
Resolution RC-409-79
Moved by
Councillor Hobbs, seconded by
Councillor. Trout.
THAT the
front the
second ro:lding of By -Law No.
table.
78-117 be lifted
"CARRIED"
Resolution I1C-410-79
Moved by Councillor Cownuul, seconded by Councillor Holliday.
THAT By -Law No. 78-117 be amended in second reading to
include definition of "Butcher Shop".
"CARRIED"
Resolution HC-411-79
Moved by Councillor Holliday, seconded by Councillor Prout.
THAT the definition of "Butcher Shop" (Clause 1) be amended
to read as fo.l.lows:-
"means a building or part of a building Where -
meat and poultry only are cut, processed,
wrapped and offered or kept for sale to the
public. This definition shall not include an
abattoir or a general purpose store. For the
purpose of this definition, processing shall
include the curin
L, as well as the manufacturing
of cold cuts, but not smoking of meat."
fvWriicii.a, :lorE.
`� "CAIlRI EDn
COMIC iI Mintite:l
Apr•i 1 9th, 1979
Resolution !IC-412-79
Moved by Counc.il.loi- Prout, seconded by Counci.11or Clarke.
THAT Clause 3 of By -Law No. 78-11.7 be amended to provide
th;it the Area of the Butcher Shop shall. not exceed the
total Floor Arca of 800 square feet.
"CARRIED"
On being put to a Vote the second reading of By -Law
No. 78-117 was carried as amended.
Resolution BC-413-79
Moved by Councillor Cowman, seconded by -Councillor Prout.
� 1)
THAT the thi►•d reading of" By -Law No. 78-117 be approved
as amended.
"CARRIED"
Resolution YC-414-79
Moved by Councillor Ilobbs, seconded by Councillor Prout.
Recess THAT the meeting be recessed until 5:15 p.m.
"CARRI1iD"
Resolution IIC-415-79
Moved by Councillor Cowman, seconded by Councillor Hobbs.
Planning t;
Development THAT Resolution 11C-277-79 be lifted from the table.
Committee
Report - Item "CARRIED"
1, Feb. 15 F,
19th, 1979 On being put to a vote Resolution !IC-201-79 was approved.
Resolution NC-410-79
Moved by CoUnc llol'I'rout, seconded by Councillor. Holliday.
By -Law THAT leave be granted to introduce By -Law No. 79-28 being
No. a by-law to stop up and close and authorize the conveyance
79-28 of Parts 7, 8, 9, 10, 39 and 40, flan 10R-708, in the Town
of Newcastle, in the Regional Municipality of Durham,
and that the said by-law be now read a first time.
/� "CARRIED"
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