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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, -2 - "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". - 3 - 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