HomeMy WebLinkAboutP-168-79A D D E N D U M
PLANNING AND DEVELOPMENT COMMITTEE AGENDA MEETING OF September_ 17, 1979.
REPORT P-168-79 Rezoning Application Z -A-3-2-3
(Schweizer)
PLEASE NOTE: Mrs. G. Maloney, Ministry of Housing will
be addressing the Committee on current
housing programs.
Mrs. Maloney's presentation will require
approximately three quarters of aihour.
Time should be also allowed for questions
from Committee Members.
S
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CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P., Director
HAMPTON, ONTARIO LOB 1J0 TEL. (416)263-2231
REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF September 17, 1979.
REPORT NO.: P-168-79
SUBJECT: Application for Rezoning Number Z -A-3-2-3
Part of Lot 15, Concession 2, former Township
of Clarke - Brunhilde Schweizer
BACKGROUND:
An application for rezoning has been submitted requesting an
amendment to the Clarke Zoning By-law to permit the expansion of the
permitted uses on the subject 3.96 acre parcel, to include a land-
scaping business, commercial nursery, and a small engines and recreational
vehicle sales and service outlet.
The site is designated "Major Open Space" in the Region of
Durham Official Plan. We have been advised by the Region of Durham
that the proposed By-law constitutes an extension to an existing commercial
use, and would, therefore, be permitted by this designation.
In fact, an earlier application for Official Plan Amendment, in
respect of the subject lands, which was recommended for approval by
Council, was tabled at Regional Council pending a decision by the Town
on this Zoning By-law amendment application.
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The site is zoned "Agriculture" in the Clarke Zoning By-law.
A special provision would be required to permit the proposed uses.
The application was circulated to the Ministry of Agriculture
and Food, the Ministry of Transportation and Communications, the
Ministry of Natural Resources, the Canaraska Conservation Authority,
the Durham Planning and Works Departments, the Durham Health Unit,
Ontario Hydro and Bell Canada. None of these agencies objected to
the proposed By-law.
The Durham Planning Department stated that:
"It would appear that the use(s) proposed in accordance
with the above application may be considered as an
expansion to an existing use and may be zoned for
such purposes at the discretion of the area municipal
Council as an expansion to an existing use in
accordance with Section 1.6.6.5 of the Durham Regional
Official Plan."
COMMENT:
In light of Council's previous recommendation in respect of
the related Official Plan Amendment Application, the fact that the
proposal involves the expansion of an existing commercial use, and
the fact that the site to the west of this application is zoned
commercial, we would have no objection to the subject application
for rezoning.
However, because this area is primarily rural, care should be
taken to restrict the scale of the commercial uses permitted on the
lot, and to minimize potential conflicts between land uses. To this
end, it is suggested that only a portion of the site be rezoned, that
outside storage or display of goods and materials be prohibited, that
the size of the building on the lot be restricted, and that the site
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be designated a Site Plan Control Area according to the provisions
of Section 35 (a) of the Planning Act.
RECOMMENDATION:
It is respectfully recommended:
1. That application for rezoning Number Z -A-3-2-3 be
approved;
2. That the attached By-law Number 79- be forwarded to
Council for approval; and
3. That the Region of Durham be advised of Council's action
in respect of the subject application.
Respectfully submitted,
NJF:lb D. N. Smith, M.C.I.P.
September 14, 1979 Director of Planning
Encl.
THE CORPORATION OF THE
TOWN OF NEWCASTLE
By-law Number 79-
A By-law to amend Restrict Area By-law Number 1592,
as amended, of the former Township of Clarke.
WHEREAS the Council of the Corporation of the Town of Newcastle deems
it advisable to amend Restricted Area By-law Number 1592, as amended,
of the former Township of Clarke.
NOW THEREFORE the Council of the Corporation of the Town of Newcastle
ENACTS as follows:
1. Section 7 of By-law 1592, as amended, is hereby further
amended by adding thereto the following subsection 7.3 (c),
as follows:
"(c) "HC -3" Part of Lot 15, Concession 2
Notwithstanding any provisions of this By-law to the contrary,
that part of Lot 15, Concession 2 which is designated "HC -3"
on the attached Schedule "A" hereto shall be used for no other
purpose than a single family dwelling, a commercial nursery
and accessory landscaping business, and a sales and service
outlet for small engines and snowmobiles, provided that no
person shall use any land subject to this special provision,
nor erect, alter or use any building or structure thereon,
except in conformity with the following requirements. In the
event that this special provision is silent on any matter, then
the provisions applicable to an HC zone shall apply:
t
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(a) Lot Frontage (minimum)
(b) Lot Area (minimum)
(c) Front Yard (minimum)
(d) Side Yard (minimum)
(e) Rear Yard (minimum)
(f) Floor Area (maximum)
45 metres
.4 ha
30 m
7.6 m
15 m
The total floor area of all
non-residential buildings on
the site shall not exceed 1525
metres.
(g) Outside Storage
Notwithstanding any provision of this By-law to the contrary,
no goods, materials or equipment shall be stored except in
a building. This provision shall not apply to vehicle
accessory to the residential use on the lot.
(h) Site Plan Control
The lands subject to this special provision are hereby
designated a Site Plan Control Area under the provisions
of Section 35 (a) of the Planning Act."
2. This By-law shall come into effect on the date hereof, subject
to the provisions of Section 35 (10) of the Planning Act.
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.
(seal)
A.D. 1979.
A.D. 1979.
clay of
C. B. Rickard, Mayor
J. M. Mcllroy, Clerk
n
LOT
SCHEDULE
I
ROAD ALLOWANCE BETWEEN CONCESSIONS I and 2
THIS IS SCHEDULE 'X' TO 13Y --LAW 79- ,
PASSED THIS —DAY OF , 19 7 9, A. D.
G.B. RICKARD, Mayor
J.M. C LR Y, T1rrk
( seal)
12 ZONE CHANGE TO AHC