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TOWN OF NEWCASTLE
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By-Law #
Ifs: General Purpose and Administration Committee
DATE: Tuesday, April 21, 1987
T #: PD-114-87 FILE #: DEV 87-11
CT: REZONING APPLICATION - WAGGONER
PART LOT 25, CONCESSION 1, FORMER VILLAGE OF NEMCASTLE
OUR FILE: DEV 87-11 (X/REF: DEV 84-37, DEV 80-9)
CLERK'S FILE: 60.35.237
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-114-87 be received; and
2. THAT the application filed by Mr. & Mrs. Waggoner for rezoning of Part Lot 25,
Concession 1, in the former Village of Newcastle to permit a taxi stand, be
forwarded to Council for approval after Schedule "C" to the existing Site Plan
Control Agreement has been updated to reflect the new use.
BACKGROUND AND COMMENT:
On February 17, 1987 the Planning Department received an application submitted by Mr.
Roger Cormier on behalf of Mr. & Mrs. Waggoner. The application was to permit a taxi
stand as a permitted use on the site.
The subject lands are currently designated as "Major Open Space" and "Hazard Lands" by the
Durham Regional Ufficial Plan. ~fhe existing use has been carried on for a number of years
and predates the Ufficial Plan. Although this use is not permitted in this designation,
Section 16.6.5 permits the "...variation to similar uses provided that such uses:
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REPORT NO.: PD-114-87
Page 2
a) have no adverse effect on the present uses of the
surrounding lands or the implementation of the provisions of
this Plan;
b) have regard for the Agricultural Code of Practice as amended
from time to time, if applicable;
c) are accessible by a public road which is maintained by the
appropriate authority as open to traffic on a year-round basis
and is of a standard construction adequate to provide for the
additional traffic generated by the proposed use; and
d) are subject to any conditions that may be contained in a
district plan.
Each case will be considered on its own merits by the Council of the
respective area municipality and may be subject to site plan controls."
The inclusion of a use such as a t axi stand appears to be compatible
with the present uses and does not change the impact which the site may
have upon agricultural uses. The lands front on Highway No. 2 and there
is no district p1 an for this area. The subject lands are subject to a
Site Plan Agreement and Staff will bring the Schedules up to date to
reflect any changes to the site.
The subject lands are currently zoned as "Special Purpose Commercial
Exception (C5-1)". The only permitted use in this zone is a motel o r
motor P~otel. The establishment of a taxi stand to serve the needs of the
patrons would not offend the intent of the Comprehensive Zoning By-law.
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 acknowledging 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.
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REPURT NU.: PD-114-87
Page 3
In accordance with departmental procedures, the application was
circulated to obtain comments from other departments and agencies as
noted within Staff Report PD-66-87. Staff would note the following
departments/agencies, in providing comments, offered no objections to the
application as filed:
- Town of Newcastle Long Range Planning
- Town of Newcastle Public Works Department
- Town of Newcastle Community Services Department
- Town of Newcastle Fire Department
- Town of Newcastle Building Department
- Newcastle Hydro-Electric Commission
- Ganaraska Region Conservation Authority
- Regional Health Services Department
- Minstry of Agriculture and Food
The Ministry of Transportation and Communication responded with no objection
to the proposed use, but noted that construction of any buildings, signs, or
lighting would require a permit from their District Uffice.
There have been no objections to the proposed use and Staff are of the
opinion that such a use is compatible with the present uses on the site. It
will be necessary for the applicant to revise a number of items on the Site
Plan. Staff will contact the Uwners to go over the requirements once the
proposed amendment has received the endorsement of the Committee. Unce the
Site Plan has been revised to the satisfaction of the Directors of Public
Works and Planning, the Zoning By-law amendment will be forwarded to Council
for approval.
Respectfully submitted, Recommended for presentation
--'" ' - ~ to the Committee
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..- dwar s, M.C.I. L rence .~ otse~
Director of P1 anni ng Chi of Admi r~i s~~trati ve Uf ficer
TFC*TTE*jip CC: Mr. Roger Corder
*Attach. 823 Simcoe Street S.
April 7, 1987 USHAWA, Ontario
L1H 4K8
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 87-
being a By-law to amend By-law 84-63, 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.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of
the Town of Newcastle enacts as follows:
1. Section 20.4 "Special Exceptions -Special Purpose
Commercial (C5) Zone" of By-law 84-63, as amended, is hereby further
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amended by adding the following new Subsection 20.4.8:
"20.4.8 SPECIAL PURPOSE COMMERCIAL EXCEPTION (C5-8) ZONE
Notwithstanding Section 20.1, those lands zoned "C5-8" on the
Schedules to this By-law may only be used for a motel or motor
hotel and taxi stand. The placement of buildings and
structures shall be subject to the regulations set out in
Section 20.2."
2. Schedule 5 to By-law 84-63, as amended, is hereby further
amended by changing the zone designation from "Special Purpose
Commercial Exception (C5-1)" to "Special Purpose Commercial Exception
(C5-8)" Zone, as indicated on the attached Schedule "X" hereto.
3. Schedule "X" attached hereto shall form part of this by-law.
4. This By-law shall come into effect on the date of passing
hereof, subject to the provisions of Section 34 of the Planning Act.
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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This is Schedule "X" to
passed #his day of By-law 8 7- ,
,1987 A.D.
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