HomeMy WebLinkAboutPD-83-87''~ ~~
TOWN OF NEWCASTLE
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REPORT File # P~
Res . # ,~',~' ~,~` °~"~`
By-Law #
Ifs: General Purpose and Administration Committee
DATE: Monday, March 16, 1987
T #: PD-83-87 FILE #: DEV s7-2
CT: REZONING APPLICATION - CORNIER (525312 ONTARIO INC.)
PART LUT 16, CONCESSION 1, FORMER TWP. OF CLARKE
OUR FILE: DEV 87-2 CLERK'S FILE: 60.35.339
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-83-87 be received; and
L. THAT the application for rezoning, submitted by Mr. R. Stewart on behalf of 525312
* Ontario Inc., be approved and the attached By-law be forwarded to Council fo r
approval.
BACKGROUND AND COMMENT:
Un January 12, 1987, the Planning Department received an application filed by Mr. R.
Stewart on behalf of 525312 Ontario Inc. The proposal is to change the zoning so as to
permit the house to be severed from the nursery garden centre.
The subject lands are designated "Major Open Space" by the Region a1 Official Plan. The
uses are both existing.
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REPURT NO.: PD-83-87 Page 2
In 1982 an application was approved to recognize the existing uses. At
that time the Durham Regional Planning Department determined that the
uses conformed to the Regional Official Plan. Notwithstanding this
interpretation, Section 16.6.5 permits the continuation of uses provided
the local Council approves the application.
The site is currently zoned as "Agricultural Exception (A-3)" within the
Down of Newcastle Comprehensive Zoning By-law 8~-63, as amended. The
uses are bath permitted within this zone.
Staff would note for the committee's information that pursuant to
Council's resolution of July 26, 1982 and the requirements of the
Planning Act, the appropriate signage acknowledgiang the application was
installed on the subject lands. Staff would note that no objections to
the proposal were received at the writing of this Report with respect to
the amendment requested.
In accordance with departmental procedures, the application was
circulated to obtain comments from other departments and agencies as
noted within Staff Report PD-34-87. Staff would note the following
departments/agencies, in providing comments, offered no objections to the
application as filed:
- Newcastle Public Works Department
- Newcastle Fire Department
- Newcastle Building Department
- Newcastle Hydro-Electric Commission
- Ganaraska Region Conservation Authority
- Regional Health Services Department
- Ministry of Agriculture and Food
- Ministry of Natural Resources
- Ontario Hydro
Ministry of Transportation and Communications
"Although this Ministry has no objection to the proposed rezoning, we
will require that any new buildings be setback a minimum distance of 55
ft. from our highway property line. Permits will be required for any new
buildings or signs prior to any construction being undertaken."
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REPORT NO.: PD-83-87
Page 3
After review of the application, the concern of Staff is with the
possibility of an additional residential building being constructed on the
portion of land with the nursery. This is a concern in that the lot
characteristics may not be appropriate for such a use. Accordingly, the
attached by-law modifies the permitted uses to eliminate this possibility.
Staff have no objection to the proposed amendment and recommends that the
attached by-law be forwarded to Council for approval.
Respectfully submitted,
war s,
Director of Planning
Recommended for presentation
to the Committee
s~
wrence tse
Chi of A i ~i s~ rati ve Officer
TFC*TTE*jip
*Attach.
I~larch 6, 1987
CC: Mr. R. Stewart
c/o 525312 Ontario Inc.
823 Simcoe Street S.
USHAWA, Ontario
L1H 4K8
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• THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 87-
..being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law
of the Corporation of the Town of Newcastle.
WHEREAS the Council of the Corporation of the Town of Newcastle deems it
• advisable to amend By-law 84-63, as amended, of the Corporation of the Town
• of, Newcastle, pursuant to Section 16.6.5 of the Durham Regional Official
',Plan;
.-NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Town of Newcastle enacts as follows:
•. 1. Section 6.4 "SPECIAL EXCEPTIONS - AGRICULTURAL (A) ZONE" of By-law
` 84-63 is hereby amended by adding thereto the following new Subsection
• 6.4.25 as follows;
' "6.4.25 AGRICULTURAL EXCEPTION (A-25) ZONE
Notwithstanding Section 6.1, those lands zoned "A-25" on the
Schedules to this By-law shall not be used for any purpose listed by
Section 6.1(a), and in addition to the other uses listed by Section
6.1(b), may be used for a garden and nursery sales and supply
establishment. The placement of buildings and structures shall be
subject to the zone regulations set out in Section 6.3.
2. Schedule "2" to By-law 84-63, as amended, is hereby further
amended by changing the zone designation from "Agricultural Exception
(A-3)" to "Agricultural (A)" and "Agricultural Exception (A-25)", as shown
on the attached Schedule "X" hereto.
::.3. This By-law shall come into effect on the date of passing hereof,
subject to the provisions of Section 34 of the Planning Act.
l
BY-LAW read a first time this day of 1987
~•BY-LAW read a second time this day of 1987
BY-LAW read a third time and finally passed this day of
1987.
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~'~•;~~~7`his is Schedule •"X" to By-law 87- ,~
,19.87 A.D.
~~';~~.~passed this day • of
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