HomeMy WebLinkAboutP-05-79 (3) not a duplicateCORPORATION OF THE TOWN OF NEWCASTLE
PLAN NINGAND DEVELOPMENT DEPARTMENT
HAMPTON, ONTARIO LOB 1J0
TO: Mayor Rickard $ Members of
Council.
L.L. KRISTOF, M.C.I.P., Director
TEL. (416) 263-2231
REPORT NO.: S
DATE: April 2, 1979
SUBJECT: Amendment to Darlington Zoning By-law - William Henderson
1. Background
On December 18, 1979, Council considered By-law 78-117,
which proposed an amendment to the Darlington Zoning By-law to legalize
an existing Butcher Shop operated by Mr. Henderson in Enniskillen.
This By-law was given first reading and subsequently tabled
"pending further clarification and input by the Planning and Development
Department in a Report to the Planning and Development Committee."
We were informed that the "further clarification" required
was a definition of the term "butcher shop".
2. Comments
The Planning Departments of the City of Toronto, City of
Oshawa, Town of Pickering, Town of Whitby and Town of Ajax were contacted
in an attempt to determine a workable definition for this term. None of
these Departments were able to supply a definition, since in no case was
a "butcher shop" defined in their respective By-laws.
The only available definition of this term was found in O'Brien's
Precedent Book for Lawyers, which defined "Butcher Business" as follows:
C , (-, 0 z,. -71,
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"To carry on a butchering business and deal
in all kinds of butcher supplies, meats and
meat products, and livestock in connection
therewith.
To own, operate and manage stockyards, ware-
houses, abattoirs, factories, farms and sim-
ilar establishments."
We feel that this definition is much too broad to be
applied to the subject site, since it would permit the establishment
of an abattoir or meat processing plant in the Hamlet.
It is suggested that the butcher shop operation on the lot
should be restricted to uses which will not conflict with the adjacent
residential uses, but should be sufficiently broad to allow the normal
operation and expansion of the applicant's business, and the most compre-
hensive service to the hamlet.
The definition proposed by this Department, which has been
incorporated into the attached by-law, would permit the applicant to
cut, wrap and sell meat or poultry, as well as to cure and smoke meat,
and to manufacture cold cuts. However, the slaughter of animals on the
site would be prohibited.
A recent decision of the Court of Appeal (Canadian Institute
of Public Real Estate Companies vs. The Corporation of the City of Toronto)
necessitated a second revision to By-law 78-117. The By-law originally
required "that no building permit shall be issued for any expansion of the
commercial use on the lot until the owner of the said lands has entered
into a development agreement, as described in Section 35 (a) of the Planning
Act, with the Corporation of the Town of Newcastle".
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The precedent established by the case referred to above
indicates that a By-law implementing the provisions of Section 35 (a)
of the Planning Act cannot merely list the aspects of development which
will be covered by a development agreement, but must list the actual
requirements which will be included in the agreement.
Rather than include these standards in the By-law amendment,
it is recommended that the reference to Section 35 (a) be deleted from
the By-law but that the applicant be required to enter into the said
development agreement with the municipality before the By-law is approved
and submitted to the Ontario Municipal Board.
3. Recommendation
It is recommended that the attached revision of By-law 78-117
be forwarded to Council for approval, but that third reading not be given
to the By-law until the applicant has entered into a development agree-
ment with the Town of Newcastle to govern the future development of the
site.
Respectfully submitted,
NJF:lb Norma J. Forrest
Current Operations Planner
THE CORPORATION OF THE
TOWN OF NEWCASTLE
By-law Number 78-117
A By-law to amend Restricted Area By-law
Number 2111, as amended, of the former
Township of Darlington.
WHEREAS the Council of the Corporation of the Town of Newcastle deems
it advisable to amend Restricted Area By-law Number 2111, as amended,
of the former Township of Darlington.
NOW THEREFORE the Council of the Corporation of the Town of Newcastle
ENACTS as follows:
1. Section 2 of the By-law 2111, as amended, is hereby further
amended by adding thereto the following Subsection (y)(2),
entitled "SHOP, BUTCHER".
(y)(2) "SHOP, BUTCHER - 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. For the purpose of this definition,
processing shall include the curing and smoking
of meat, as well as the manufacture of cold cuts"
2. Subsection 6 (d) of By-law 2111, as amended, is hereby further
amended by adding thereto the following subsection (2):
"2. C1-2; Lot 18, Concession 7
Notwithstanding any provision of Section 6 (a) to the
contrary, the Lot designated "C1-2" on Schedule "A"
shall be used only for the purpose of a single family
dwelling and a butcher shop."
3. Key Map 8 of Schedule "A" to By-law 2111, as amended, is
hereby further amended by changing to "C1-2" the zone desig-
nation of lands indicated as "ZONE CHANGE TO C1-2" on the
attached Schedule "X" hereto.
4. This By-law shall come into effect on the date hereof, sub-
ject to receiving the approval of the Ontario Municipal
Board.
BY-LAW READ A first time this day of
BY-LAW READ A second time this day of
BY-LAW READ A third time and finally passed this
, A.D. 1979.
A.D. 1979.
A.D. 1979.
day of
G. B. Rickard, Mayor
(seal)
J. M. McIlroy, Clerk