HomeMy WebLinkAboutPD-28-92 THE CORPORATION OF THE TOWN OF NEWCASTLE
DN: DEV91045.GPA REPORT
Meeting: General Purpose and Administration Committee File #
#
Date: Monday, January 20, 1992 Res. C
By-La
Report#: ile#: DEV 91-045 w#
Subject:
REZONING APPLICATION - KEITH CRAGO
PART LOT 25, B. F. CONCESSION, FORMER TOWNSHIP OF DARLINGTON
FILE: DEV 91-045
Recommendations:i
It s respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-28-92 be received;
2 . THAT Rezoning Application Dev 91-045 submitted by Keith
Crago to recognize the existing dog kennel be APPROVED;
3 . THAT the amending by-law attached hereto be forwarded to
Council for approval;
4 . THAT a copy of this report and the amending by-law be
forwarded to the Region of Durham Planning Department;
5. THAT the amending by-law be circulated in accordance with
regulations made under the Planning Act;
6 . THAT any delegation and those persons listed in this report
be advised of Council's decision.
1. APPLICATION DETAILS
1. 1 Applicant: Keith Crago
1.2 Owner: Keith Crago
1. 3 Rezoning: From "Holding - General Industrial ( (H) M2) 11
to a zone appropriate to recognize the
existing dog kennel.
1.4 Area: 8 hectares
2 . LOCATION
2 . 1 The subject land is located in Part of Lot 25 in Broken
2
REPORT NO. PD-28-92 PAGE 2
Front Concession, in the former Township of Darlington. The
parcel of land is bounded by Solina Road to the East,
Osbourne Road to the South and West, and South Service Road
to the North. The existing dog kennel is located in the
southerly portion of the applicants land holdings, and is a
part of the farm complex comprised of two barns, an
implement shed, and a house (See Attachment # 1) .
3 BACKGROUND
3 . 1 On August 13 , 1991, an application to amend the Town of
Newcastle Comprehensive Zoning By-law 84-63 , as amended, was
received. The applicant being, Mr. Crago, has requested to
amend the zoning by-law to recognize the existing dog kennel
located on the lands.
4 EXISTING AND SURROUNDING USES
4 . 1 Existing Uses: active farm operation and dog kennel
4 . 2 Surrounding Uses:
East - Darlington Nuclear Generating Station
West - farmland
South - C.N. Rail lands and Lake Ontario
North - South Service Road and Highway 401
5 OFFICIAL PLAN POLICIES
5. 1 According to the 1976 Durham Region Official Plan, the
subject lands are designated Special Study Area #11. In
consideration of the surrounding land uses, this Plan
requested that this area be studied to ensure that potential
uses are compatible with the existing uses.
Notwithstanding, Section 15. 2 states:
"However, amendments to existing official plans and
related restricted area (zoning) by-laws within Special
Study Areas may be adopted or passed by the Council
having jurisdiction if such amendments, in the opinion
of the Council having jurisdiction, do not jeopardize
the orderly development of the Special Study Area. "
. . . . 3
r n
REPORT NO. PD-28-92 PAGE 3
5.2 The Official Plan adopted by Region Council (1991) ,
designates the land as an "Employment Area" . Lands so
designated shall be used for manufacturing, assembly and
processing of goods, service industries, warehousing,
hotels, limited personal service uses, and storage of goods
and materials. Section 11. 3 . 8 of this plan specifies that
lands adjacent to facilities such as electric power
generating stations "shall generally be reserved for those
industries that benefit from locating in close proximity to
such facilities" .
5. 3 However, both Official Plans contain provisions/policies
when dealing with uses which do not conform with the intent
of the Official Plan. In the 1976 Plan Section 16. 6. 5
states:
"Notwithstanding Sections 8 . 3 . 3 . 3 , 16. 6. 1, 16. 6. 2 , and
16. 3 . 3 , this Plan is not intended necessarily to
prevent the continuation, expansion, or enlargement of
uses which do not conform to the designations and
provisions of this Plan. At their sole discretion, the
Councils of the area municipalities may zone to permit
the continuation, expansion or enlargement of existing
uses, or the variations to similar uses, provided that
such uses:
a) have no adverse effect on the present uses of the
surrounding lands or the implementation of
provisions of this Plan;
b) have regard for the Agricultural Code of Practice
as amended from time to time, if applicable;
C) are accessible by a public road which is
maintained by the appropriate authority as open to
traffic on a year-round basis and is of a standard
construction adequate to provide for the
additional traffic generated by the proposed use;
and
d) are subject to any conditions that may be
contained in a district plan.
Each case may be considered on its own merits by
the Council of the respective area municipality
and may be subject to site plan controls. " . . . .4
F'
REPORT NO. PD-28-92 PAGE 4
6 ZONING BY-LAW PROVISIONS
6. 1 According to the Town of Newcastle Comprehensive Zoning By-
law 84-63 , as amended, the applicants lands are zoned in
part "Holding - General Industrial ( (H) M2) " and "Holding -
Light Industrial ( (H) M1) 11 . The dog kennel is located on
lands zoned (H)M2 and is not a permitted use and hence this
application to amend the by-law.
7 PUBLIC MEETING AND SUBMISSION
7 . 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.
8 AGENCY COMMENTS
8 . 1 In accordance with departmental procedures, the application
was circulated to obtain comments from other departments and
agencies. The following departments/agencies in providing
comments, offered no objection to the application as filed:
Town of Newcastle Public Works
Town of Newcastle Community Services
Town of Newcastle Fire Department
Durham Regional Health Unit
Central Lake Ontario Conservation Authority
Ministry of Natural Resources
Ministry of Transportation
Ministry of Agriculture and Food
C.N. Rail
8. 2 Durham Region Planning Department outlined those policies of
the 1976 and 1991 Regional Official Plans which are relevant
to this application. They advised that it is at the
. . . .5
17
REPORT NO. PD-28-92 PAGE 5
discretion of Town Council if they wish to adopt a site
specific zoning by-law to recognize the existing dog kennel.
9 COMMENTS
9. 1 For the past few years, Mr. Crago has tried to obtain a
kennel license. Kennels are permitted to locate within an
Agricultural Zone. However, Mr. Crago's land is zoned
Industrially in which kennels are not a permitted use. In
order for Staff to issue a license, the operation must be
situated on land zoned to permit said use. Therefore, Mr.
Crago is seeking to obtain an amendment to the Town of
Newcastle Comprehensive Zoning By-law 84-63 , as amended, to
license his dog kennel operation.
9. 2 In the evaluation of the merits of this application, Staff
have examined the criteria set out in Section 16. 6. 5 of the
Durham Region Official Plan and are satisfied that the
criteria have been met. Specifically, the Ministry of
Agriculture and Food stated that they had no objection to
this application. The subject lands are accessible by
municipally maintained roads, and the kennel is considered
compatible with the surrounding agricultural uses.
9 . 3 Staff recognize that the long term plan for the area is for
employment purposes, as indicated in the 1991 Durham Plan.
At present, the agricultural use of the subject lands is
therefore considered an interim use. Eventually, when the
land is fully serviced, the agricultural and kennel uses
will be abandoned. Therefore, Staff are confident that the
recognition of a dog kennel in the Town Comprehensive Zoning
By-law will not detract from the eventual turn over of land
to industrial uses, and the intent of the Official Plan will
not be jeopardized.
. . . . 6
'� 9e)
REPORT NO. PD-28-92 PAGE 6
10 CONCLUSION
10. 1 With respect to the above comments, Staff are recommending
that this application be approved and the attached by-law be
passed.
Respectfully submitted, Recommended for presentation
to the Committee
A4
Franklin Wu, M.C. I.P. Lawrence/\$. Kotseff
Director of Planning Chief A m nistrative
and Development Officer
HM*FW*cc
*Attach
10 January 1992
Interested parties to be notified of Council and Committee's
decision:
Mr. Keith Crago
255 Osbourne Road
R.R. #2
Bowmanville, Ontario L1C 3K3
LOT 26 LOT 25 L T 24
' FENCED I
EXERCISE I
I YARD I i
7 APP ROX I BASEL/NE ROAD
r
I
DOG KENNEL
7.62m X 9.14m F-
NORTH BARN _ OZ
- - - ---- --- -t 40/ V-
� a
I o Z
I W
I � Y
2 o O
� Q
J o
WEST BARN CATTLE YARD
/ m /—SEE
ENLARGEMENT
?<
(
Z
——— ——— ————— — -J S�pURNE RD. ::•:;>::::;:
Cq 4 W
( I No71pNA� O
i '' Aq�twAr U
TRACTOR
AND
MACHINERY
SHED Loke Ontario
HOUSE SUBJECT PROPERTY (31.4 ha)
a
® ADDITIONAL LANDS
OWNED BY APPLICANT
a.
DN: HM-HM211.BYL
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 91-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the
Town of Newcastle.
WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend By-
law 84-63, as amended, of the Corporation of the Town of Newcastle;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of
Newcastle enacts as follows:
1. Section 24.1 "General Industrial (M2)" is hereby amended by adding thereto, the following
Special Exception 24.4.11 as follows:
"24.2.11 GENERAL INDUSTRIAL EXCEPTION(M2-11) Zone
Notwithstanding Section 24.1, those lands zoned M2-11 on the schedules to this By-
law, in addition to the uses permitted in the "MT zone, a dog kennel may also be
permitted"
2. Schedule "1" to By-law 84-63 as amended, is hereby further amended by changing the zone
designation from:
"Holding - General Industrial ((I-1)M2)" to"Holding General Industrial Exception((H)M2-11)".
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 day of 1992.
BY-LAW read a second time this day of 1992.
BY-LAW read a third time and finally passed this day of
1992.
MAYOR
CLERK
This is Schedule "A" to By-law 92--,
passed this day of , 1992 A.D.
LOT 25
BROKEN FRONT CONCESSION
0
o
N �
G 400
N
N if
J z
G
d J
so O
m N N
c
400
OSBOURNE ROAD
® ZONING CHANGE FROM " (H)M2" TO " (H)M2-1111
0 50 f00 200m
Mayor IOOm 75 50 25 0 Clerk
28 27 26 25 24 23
(BASELINE ROAD I �^
HIGHWAY L• Z
N 401
M1► °
CHI I M2 SOUTH SER I E ROA N
W
C6-6 �H�Mt (H)Mf U
z
i 0
c
M
d(H) t-
•( M 2 Z
Z LL
A 1 OSep UR Z
J
®SUBJECT SITE
OTHER LANDS OWNED BY APPLICANT yEP ��•�
Former Township of DARLINGTON