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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 'u ",elJlbit rrlu 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. - 2 - 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 - 3 - 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 — 2 — (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