HomeMy WebLinkAboutPD-156-96THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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REPOR T
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General Purpose and om `I
Meeting: File # �
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Date: Monday, November 18, 1996 Res. #( -"
Report #: PD- 156 -96 File #: DEV 95 -015 By -law # 1�1 - `/1
Subject: REZONING APPLICATION
PART LOT O- • OF
SOUTHEAST CORNER OF •- ROAD AND HIGHWAY TWO
FILE: DEV •.
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It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD- 156 -96 be received;
2. THAT the application to amend the former Town of Newcastle Comprehensive
Zoning By -law 84 -63 submitted by Barry Jones on behalf of Charles Tylman,
Bernice Tylman, Peter Hassall and Paula Hassall be APPROVED;
3. THAT the attached By -law be passed;
4. THAT a copy of this report and the By -law be forwarded to the Region of Durham
Planning Department; and
5. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
1.1 Applicants: Charles Tylman, Bernice Tylman, Peter Hassall and Paula Hassall
1.2 Agent: Mr. Barry Jones
13 Application: From "Agricultural Exception (A -3)" to an appropriate zone to permit
the manufacturing and retail sales of custom wooden crafts and
furniture in an existing 260 m2 (2799 sq. ft.) accessory structure.
1.4 Site Area: 3.2 hectares (7.9 acres)
6
REPORT NO.: PD- 156 -96 PAGE 2
2.1 The subject site is located at the south east corner of Highway Two and Morgans
Road, 1706 Morgans Road, Part Lot 16, Concession 1, former Township of
MIM
3. BACKGROUND
3.1 On April 9, 1996, Mr. Barry Jones filed an application on behalf of the property
owners, Charles Tylman, Bernice Tylman, Peter Hassall and Paula Hassall, to
amend the former Town of Newcastle Zoning By -law. The purpose of the
application is to change the zoning from "Agricultural Exception (A -3)" to an
appropriate zone to permit the manufacturing and retail sales of custom wooden
crafts and furniture in an existing 260 m2 accessory building. The A -3 zoning, in
addition to other uses permitted in the Agricultural zone, permits a garden nursery
sales and supply establishment. The existing accessory building was once used
as a garden nursery outlet. Prior to the submission of the application staff had
several discussions with Charles Tylman regarding the rezoning proposal.
4. EXISTING AND SURROUNDING USES
4.1 Existing Uses: residential and vacant garden supply outlet
4.2 Surrounding Uses: East - rural residential
West - rural residential
North - rural residential
South - woodlot
5. PUBLIC NOTICE AND SUBMISSIONS
5.1 Pursuant to Council's resolution of July 26, 1982 and the requirements of the
Planning Act, the appropriate signage acknowledging the application was installed
on the subject lands. In addition the appropriate notice was mailed to each
landowner within the prescribed distance.
649
REPORT NO.: PD- 156 -96 PAGE 3
5.2 A Public Meeting was held on June 3, 1996. No resident spoke in opposition or
support of the proposal. The applicants' agent addressed the Committee. The
Planning and Development Department has not received any written submissions
with respect to the proposal.
5.3 As of the writing of this report, no written submissions have been received. One
telephone inquiry was made requesting general information.
6.1 The subject lands are designated "Major Open Space" within the 1991 Durham
Regional Official Plan. The predominant use of lands in the Major Open Space
designation shall be for conservation, recreation, reforestation, agriculture and
farm - related uses. However, the Official Plan permits single family dwellings on
existing lots of record.
6.2 The Regional Planning Department has stated that a home industry may be
considered as ancillary to the residential use of the lot. They request that the
zoning by -law amendment be structured to ensure:
• that the principle use of the site remains residential by limiting the size and
scale of the ancillary use, signage and the amount of machinery or other
infrastructure used in the operation; and
• that the proposed home industry is compatible with the surrounding uses.
6.3 Within the Clarington Official Plan the subject property is designated "Green
Space ". The Green Space designation shall be used primarily for conservation
and active or passive recreational uses. Home -based occupations and limited
home industry uses are also permitted. A home -based occupation is defined as
the:
REPORT NO.: PD- 156 -96 PAGE 4
use of a residential property or farm for the purpose of conducting
businesses including professional offices, personal services, instructional
services, homecraft business, private day care, bed and breakfast, trades
business excluding manufacturing and retail, repair services excluding
small engines and vehicles.
Home industry uses are defined in Section 24.12 as being small scale industrial
uses such as "furniture restoration, small engine repair, welding, crafts...., which
is accessory to a single detached dwelling ". The Official Plan also allows a home
industry to be conducted in whole or in part in an accessory structure. The
application appears to conform to the policies of the Clarington Official Plan.
7. ZONING BY -LAW CONFORMITY
7.1 The subject property is currently zoned "Agricultural Exception (A -3) ". The A -3
zone permits residential uses, including home occupations, agricultural uses, and
a garden nursery sales and supply establishment. The home occupation
provision allows limited types of home occupations but they must be conducted
solely within the principal dwelling unit. An accessory building cannot be used
to house a home occupation. As the proposed use does not comply with the
zoning by -law this application was warranted.
8. AGENCY COMMENTS
8.1 The application was circulated to obtain comments from relevant agencies and
departments. There were no objections received from any agency or department
to the approval of this application.
9. STAFF COMMENTS
9.1 Section 6.2 of this report notes the concerns expressed by the Region of Durham
on the approval of this application. Staff are of the opinion that these concerns
will be addressed as follows:
W
REPORT NO.: PD- 156 -96 PAGE 5
9.2 Mr. Tylman has informed staff that he and Mrs. Tylman will be the only employees
of this home industry, which will produce custom made antiqued furniture and
crafts. The attached zoning by -law amendment limits the home industry to the
existing building by setting the maximum floor area permitted for home industry
use. The existing 260 m2 (2799 sq. ft.) structure will be divided into a retail
section of 77.7 m2 (836 sq. ft.) and a workshop section of 149.8 m2 (1612 sq, ft.),
with the remaining floor area being for used office space and a washroom facility.
9.3 The building layout and plumbing was in existence at the time of purchase. The
amount of machinery stored in the workshop section will be of a quantity and
scale to produce the antiqued furniture on display and ordered. Any signage for
the property will have to comply with the Municipality's Sign By -law.
9.4 The site was previously used for garden nursery sales and supply establishment
with the existing accessory building utilized for the retail component. Therefore,
retail sales are not uncommon to this property or to the neighbourhood.
9.5 To ensure the proposed use is compatible with the rural setting of the
surrounding area, the attached by -law amendment specifically prohibits outside
storage of materials or commercial vehicles.
10. CONCLUSION
10.1 In consideration of the comments contained within this report, staff has no
objection to the proposal as applied for.
652
REPORT .D .6 PAGE M
Respectfully submitted,
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
IL *FW *cc
Attachment # 1 - Key Map
Attachment # 2 - Plot Plan
November 6, 1996
Reviewed by,
W. H. Stockwell
Chief Administrative
Officer
Interested parties to be notified of Council and Committee's decision;
Charles Tylman, Bernice Tylman,
Peter Hassall and Paula Hassall
1706 Morgans Road
Newcastle, Ontario
1-113 11-0
Barry Jones
New Castle Drafting
76 Baldwin Street
Newcastle, Ontario
1-113 1H1
653
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 96-
being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the former
Town of Newcastle.
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By -law 84 -63, as amended, of the former Town of Newcastle to
implement DEV 96 -015.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 6.4 "Special Exception - Agricultural (A)" zone of By -law 84 -63, as amended,
is hereby further amended by adding the following new subsection 6.4.53:
6.4.53 AGRICULTURAL EXCEPTION (A -53) ZONE
Notwithstanding Sections 6.1 and 6.3, those lands zoned A -53 on the Schedules to
this By -law may, in addition to the other uses permitted in the Agricultural (A)
Zone, be used for a home industry, subject to the following special regulations:
a) maximum floor area 260 square metres
For the purposes of this subsection, a home industries shall mean small scale
industrial use such as a furniture restoration, small engine repair, welding, crafts or
producing value -added agricultural products such as cider, honey or wine, which is
accessory to a single detached dwelling. It shall not include outside storage of
materials or the storage of commercial motor vehicles. A home industry may be
conducted in whole or in part in an accessory or farm building."
2. Schedule "2" to By -law 84 -63 as amended, is hereby further amended by changing the
zone designation from:
"Agricultural - Special Exception (A -3)" to "Agricultural - Special Exception (A -53)"
3. Schedule "A" attached hereto shall form part of this By -law.
4. This By -law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act.
BY -LAW read a first time this
BY -LAW read a second time this
day of 1996.
day of 1996.
BY -LAW read a third time and finally passed this day of
654
1996.
MAYOR
CLERK
This is
Schedule "A" to
By —law 96—
,
passed
this day of
1996
A.D.
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