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HomeMy WebLinkAboutPD-3-93 I COOAI'!O OF I~1 °T0~/~1 OF CASIL DN: DEV9245.GPA P U B L I C M E E T I N G C~~etir~g: General Purpose and Administration Committee Fsle .~-~+ C~~te: Monday, January 4, 1993 Fees. f~A ° q,~ PD-3-93 DEV 92-045 Sy f~epor~ Felt : REZONING APPLICATION - ROBERT EDWARD GREEN Subject: PART LOT 31, CONCESSION 2, former TOWNSHIP OF CLARRE FILE: DEV 92-045 ~~or~rnr~tior~a It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-3-93 be received; 2. THAT application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Robert Edward Green be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; and 3. THAT the Durham Region Planning Department, and all interested parties listed in this report and any delegation be advised of Council's decision. i ~ _ _ _ APPLICATION°,-DETAILS 1.1 Applicant: Robert Edward Green 1.2 Owner: Robert Edward Green 1.3 Rezoning: From Agriculture Exception (A-1) zone to a zone appropriate to permit the establishment of a veterinarian clinic. 1.4 Area: 0.9 hectares 2. LOCATION 2.1 The subject site is located in Part of Lot 31 Concession 2, ....2 TH 4S IS f'f~iNitiD .£CYGLED PAPEfi REPORT NO. PD-3-93 PAGE 2 former Township of Clarke and has the following municipal address; 3394 Highway #2 The lot is situated on the north side of Highway #2 with an existing single family dwelling present on the lands. 3 BACRGROUND 3.1 On September 21, 1992 the applicant submitted an application to amend the Town of Newcastle Zoning By-law 84-63, as amended. Shortly thereafter Staff notified the applicant that amendment to the Durham. Region Official Plan may be necessary and we advised the applicant to confirm this with the Durham Region Planning Department. Upon circulation of this application, the Region has responded requiring the submission of an Official Plan Amendment. 3.2 Dr. Green has advised us that the end use will be a small animal clinic with some facilities for surgery. There will be no boarding of animals with the exception of animals requiring overnight stays for their medical treatment. His large animal veterinarian business will continue but will be conducted off-site with the exception of the office component of this practice. At most 4 people will be._employ__ed ( includinci:.h__imself _b~ this business. The existing residential component will be removed. 4 EXISTING AND SURROUNDING USES 4.1 Existing Uses: single family dwelling and office for a large animal veterinarian service. 4.2 Surrounding Uses: East - Rudell Road and vacant lands which are subject to development applications for commercial use West - vacant open space South - existing residential North - Given Road and existing residential 5 OFFICIAL PLAN POLICIES 5.1 Within the 1976 Durham Region Official Plan, the lands are REPORT NO. PD-3-93 PAGE 3 designated "Permanent Agricultural Reserve Area" with a "d" symbol which indicates an area for future development beyond the scope of the 1976 Plan. Lands designated "Permanent Agricultural Reserve Area" shall be used for agriculture and farm-related uses. It is not the intention of this designation that uses such as offices and veterinarian clinics be permitted. 5.2 The 1991 Regional Council approved plan shows the lands as "Living Area". Although residential uses are the predominant type of use permitted, limited office development and retail uses are allowed. Although the proposed use is permitted on lands within this designation, it is the 1976 Plan which is enforceable until such time as the 1991 Plan is approved by the Minister of Municipal Affairs, hence an amendment to the 1976 Plan was requested by the Region. 6 ZONING BY-LAW PROVISIONS 6.1 The lands subject to this application are zoned Agricultural Exception (A-1). .Uses permitted on lands so zoned include the following_;_~arm_, conser_vat,on_, _forestry_,_ sngle_.famly dwelings__,_.._ private kennels accessory to a permitted use, and home occupations. A veterinary clinic is not a permitted use. 7 PUBLIC MEETING AND SUBMISSION 7.1 Pursuant to Council's Resolution of July 26, 1982 and the requirements of the Planning Act the appropriate signage acknowledging the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within the prescribed distance. 7.2 A letter was received from a property owner to the west of this site stating that they support the application and that if approved will have no adverse effects on their lands. ....4 REPORT NO. PD-3-93 PAGE 4 8 AGENCY COMMENTS 8.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following departments/agencies in providing comments, offered no objection to the application as filed: Town of Newcastle Fire Department Region of Durham Works Department Ganaraska Region Conservation Authority Ministry of Natural Resources Ministry of Agriculture and Food 8.2 The Town of Newcastle Public Works Department have no objection to the rezoning application, but they do require the submission of detailed drawings in order to evaluate the site plan. 8.3 The Town of Newcastle Community Services Department had no objection to the application. They did however note that 2% cash- in-lieu of parkland be paid and credited to the Parks Reserve account. 8.4 The Durham Region Health Department noted that the size of the structure cannot be increased due to the lack of a replacement area for the septic system. Otherwise, they have no concerns with this application. It is not the intention of the applicant through this proposal to increase the size of the structure. 8.5 Comments have yet to be received from: Durham Region Works Department Ontario Hydro Ministry of Transportation 9 STAFF COMMENTS 9.1 Staff note that although agency circulation will continue, Staff will not report back to Committee and Council until such time as an amendment to the Official Plan is submitted and reviewed. REPORT NO. PD-3-93 PAGE 5 10 CONCLUSION 10.1 The purpose of this report is to facilitate the Public Meeting as required by the Planning Act, to provide Committee and Council with some background on the application submitted and for Staff to indicate issues or areas of concern regarding the subject application. It is recommended the application be referred back to Staff for further processing and subsequent report upon resolution of the above issues including the submission and review of an Official Plan Amendment Application. Respectfully submitted, Recommended for presentation to the Committee ~ F Franklin Wu, M.C.I.P. Lawrence E. Kot~e~'f Director of Planning Chief Administr t2ve and Development Officer ( , HB*FW*CC *Attach 15 December 1992 Interested parties to be notified of Council and Committee's decision: Robert Edward Green 3394 King Street West Newcastle, Ontario L1B 1L9 l DN: GREEN.REZ CORPORATION OF THE TOWN OF' NEWCASTLE. 'NOTICE OF PUBLIC MEETING TAKE NOTICE that the Council of the Corporation of the Town of Newcastle will hold a public meeting to consider a proposed zoning by-law amendment under Section 34 of the Planning Act. The proposed zoning by-law amendment would change the zone category of a 0.9 ha parcel of land located in Part of Lot 31, Concession 2, former Township of Clarke (as shown on the reverse).. from "Agricultural Exception (A-1)" to an appropriate zone to permit a veterinarian clinic. MANY PERSON may attend the public meeting and/or make written or verbal representation either -in support of or in opposition to the proposed zoning by-law amendment. DATE:, MONDAY. JANUARY 4: 1993 TIME: 9:30 A.M. PLACE: Council Chambers, Municipal Administration Centre, 40 Temperance St., Bowmanville, Ontario ADDITIONAL INFORMATION relating to the proposed zoning by-law amendment is available'for inspection between 8:30' a.m. and 4:30 p.m. (8:00 a.m. to 4:00 p~m: for the months of d'uly' and August) at the Planning _ Department, 40 Temperance Street, Bowmanville; Ontario or b~ calling Heather Brooks at 623-3379 __- BATE AT THE TOWN OF ' NEWCASTLE M THIS 9 D F November 2 . ~(/1 Patti arri , Clerk own of ewcas tl e ~ ,r, - , ~ 40 `Temperance `Street . ~ j , bOWMANV'IL~tE`y: Ontario , ,tl.C ~A6 , ~ PLANNING FILE: bEV 92-045 CLERKS FILE: D14:DEV:92/045 5~5 SUBJECT SITE LOT 34 33 32 31 I I ~ c pR ~ ~ ~ I I E P ~ r N I ~ z I -i ~ ~ ~ o I I ~ can 4 I ~ ~ ti,~yw ~ ~ I z q Y No c, vEN I OU ~ RaAD I ~ i~ I o I G~ ~ U_ O - I ~ ~ W ~ ~ J m - ~ ~ W V m p; Z O ` HWY. ~J° 40t ~ ~ U -- - C.N.Q. KEY MAP ~pom 500m ~ Dev. 9 2 -04 5 ~1~~ I~ O " ~ r C) °m ~'1 z i ~ cl INST (-•~ N' 126703 J _ t ~ NIB'21'4"l"W 33 955 ~ V. D • C' J NO FENCE v 1 I A i m v _ Ni'+ N. q N O, ~ 2 ~ p ~ ~ c D (n m ~ ~ v o 2 ni Ile. o _ ~ z C7 ~ ~ e ~ m ~ N m a N~ cn ~ n y °°o ~Tl ti ~ ~ n ~ ~ A < y C ` ~ ~ y Z ~ F m_ ~ n ~ y o' m ~ Z ,L-- ro V) p n °wm 2 v .y.., 22i E'i a a v n •'1 A W N O O n ~ Z 1 ~ N Z 'a - le.zs -~1_, ~ ~ of m O to I _ _ ~ ~ ° m i ~ I _ ~ ~ ~ v b ~ - NEOGE ~ _ _ ?-- -- - - - ~ --Y _--_~-. if n ~ _ _--~ - ~-T ~ - -- 2 _ _ - >-~- n_. K R < N/B'O6'40"W ~'-~- _ .._.~-_„-'~. 45.796 -~ > ~ of REW P0.5T l WRE fFJICE - ~ a t ;g N -<' ~ ~ ~ i.iJ INST. N~ 157276 0 o _- S S. E. 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