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HomeMy WebLinkAbout75-152Revort No. 152 REPORT ON REZONING APPLICATION FOR SALCO SAPID AM GRAVEL LIMITED, Part of Lot 32, Concession 8. Clarke. 1. IMPOSE OF APPLICATION - On June 30, 1975, an application was submitted for the rezoning of Part of Lot 329 Concession 8, Clarke. The applicant is requesting an amendment to the Clarke Zoning By -Law to change the status of the existing legal non-oonforming use, a sand and gravel pit on an 83.468 acre lot. The applicant wishes to erect a building for the storage of equipment and this is not permitted while the site remains a legal non -conforming use. 2. OFFICIAL PLAN PROVISIONS The subject lands are desipaabdd "Pits and Quarries" in the Interim District Plan. This designation permits "the quarrying and the extraction of sand, gravel or other aggregates" provided that "no pit or quarry shall be excavated so that its edge is at a point less than fifty feet from the limit of any road allowance or fifty feet from any adjoining property line". To preserve the scenic beauty and amenity of the surrounding areae, the Plan suggests that Pits and Quarries be "restricted to areae not exposed to public view", and that adequate planting strips, earth berms, screening and/or fencing shall be provided between Pits and Quarries Areas and other land uses. - 2 The applicant would then be required to provide this screening on the north side of his property to buffer it from the existing single family dwelling to the north-west of the pit. 3. ZONE PROVISIONS The site is presently zoned "Agricultural" in the Clarke Zoning By -Law. Pits and Quarries are not permitted in this or any other zone of the Clarke By -Law. The applicant would require the insertion of a new zone in this By -Law. 4. CIRCULATION OF APPLICATION The application was circulated to the following agencies for their comments - 1. The Ministry of Natural Resources 2. The Ganaraska Conservation Authori*t'., . 3. The Newcastle Works Department All of these agencies replied. 5. RESUME OF COM ENTS 1. The Ministry of Natural Resources stated that since they issued a licence to operate a gravel pit to this company in November of 1974 as a legal non -conforming use, they would have no objections to this proposed amendment. They expressed the opinion that this zoning will probably eliminate future controversy for people moving into the surrounding area. CONQENTS -3- 2. The Ganaraska Conservation A:uthoriV stated that they have no objections to this application at the present time. 3. The Newcastle Works Department stated that the Town wishes that the road allowance between lots 32 and 33 be improved to meet the Town's specifications. After this is done, a By -Law can be passed classifying the subject section of the road an improved road. The existing gravel pit fronts a forced road which is a northerly extension of the Leskard Road. This .road is narrow and -winding and -'is not suitable for heavy trucks. The upgrading of this road to accommodate heavier traffic should not be encouraged because of the scenic beauty of the road, which Lasses beside the Wilmot Creek. The subject site also has access to the road allowance between lots 32 and 33. This road is maintained by the Town for about 500 feet north of the 8th Concession Road. The remaining 6000 feet of road south of the 9th Concession Road could easily be upgraded to accommodate heavier traffic. The Newcastle Works Department suggested that the applicant be required to reconstruct this road to the Town's specifications as a condition of approval. The gravel pit was established in 1942 and is therefore recognized as a legal non -conforming use. -4 - It is therefore recommended that the subject site be rezoned "Extractive Industrial" subject to conformity with the zone provisions and subject to the following conditions. 1, that the applicant reconstruct to the satisfaction of the Town of Newcastle that portion of the road allowance between lots 32 and 33 which extends from the northern limits of the present maintained road to the 9th Concession Road. 20 that the applicant dedicate to the Town a one foot reserve abutting the forced roads 3. that the applicant enter into a Development Agreement with the Town based on the Sutch Sand and Gravel Agreements Respectfully Submitted, T �I George F. Howden, Planning Director. PROVISIONS FOR EXTRACTIVE INDUSTRIAL (MX) ZONE (a) Lot Frontage (Minimum) .................................... 100 feet (b) Let Area (Minimum) ....................................... 25 acres (c) Yard Dimensions (Minimum) for buildings, structures and pit or quarry excavation: Front ......................100 feet Rear ......................100 feet Side ......................100 feet (d) Setbacks - Minimum distance from centreline of : A Provincial Highway ........................4.160 feet An Arterial Road ..........................150 feet Other Road ... ............... ...-.e,ew.•133 feet (�) Landscaped Open Space (Minimum),.............................10% Lot Area (f) Height of Buildings and Structures (Minimum) ...............50 feet