The URL can be used to link to this page

Home My WebLink AboutPD-8-90 TOWN OF NEWCASTLE REPORT File # N: ROSSI Res. # ��: �• By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, January 8, 1990 REPORT #: PD- 8 -90 FILE #: DEV 88-131 SLB.1ECT: REZONING/SITE PLAN APPROVAL PART LOT 18, CONCESSION 4, FORMER TOWNSHIP OF DARLINGTON APPLICANT: CARLO ROSSI FILE NO. : DEV 88-131 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 8 -90 be received; and 2 . THAT Rezoning Application DEV 88-131 submitted by Bryan Davies on behalf of Carlo Rossi to permit a farm implement and machinery sales and service establishment be APPROVED; 3 . THAT the amending by-law be passed at such time the applicant has entered into a site plan agreement with the Town; and 4 . THAT the Region of Durham, any delegation and those persons listed in this report be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Applicant: Bryan Davies on behalf of Carlo Rossi 1.2 Owner: Carlo Rossi 1. 3 Rezoning: From - "Agricultural Exception (A-1) " to an appropriate zone category to permit a farm implement and machinery sales and service establishment. 1.4 Area: 2 . 83 ha/ 6 . 99 acres 5 j 4 REPORT NO. : PD- 8 -90 PAGE 2 2 . LOCATION 2 . 1 The subject site is located in Part Lot 18, Concession 4, former Township of Darlington, on the South West corner of Taunton and Green Roads . 3 . BACKGROUND 3. 1 On November 30, 1988, the Town of Newcastle Planning and Development Department received an application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, to permit the development of a farm implement and machinery sales and service establishment. An application for site plan approval was also submitted on the same day. 3 .2 On March 6, 1989 a public meeting was held which addressed this rezoning application. At the meeting, no one spoke in opposition to this proposal . Council passed a resolution on March 13, 1989 referring this application back to Staff pending receipt of all outstanding comments and the submission of a site plan. 3. 3 On April 4, 1989, Staff received two copies of a site plan for the subject property. However this site plan was deficient in information, and Staff requested that a more detailed site plan be submitted. On November 2, 1989, a revised site plan was submitted, and was recirculated to the appropriate agencies . 4 . EXISTING AND SURROUNDING LAND USES 4 . 1 Existing Uses: Residential dwelling, garage and an accessory shed. 4 .2 Surrounding Uses: East - chicken broiler farm West - existing residential dwellings . . 3 5 REPORT NO. : PD- 8 -90 PAGE 3 South - former mink farm North - Darlington Arena and Hobbs Sr. Public School. 5. OFFICIAL PLAN POLICIES 5 . 1 Within the Durham Regional Official Plan, the subject property is designated "Permanent Agricultural Reserve" . According to Section 11 .2 .2 of the Regional Plan, the predominant use of land so designated shall be for agricultural and farm-related uses. Furthermore, Section 11.2 . 10 allows a farm implement dealership to be located in an agricultural area at the discretion of local Council, providing the use is compatible with surrounding uses; it is not located on highly productive lands; and is zoned appropriately. This proposal appears to conform to these Official Plan policies. 6 . ZONING BY-LAW 6 . 1 The subject parcel is presently zoned "Agricultural Exception (A- 1) 11 . This zone does not permit the development of a farm implement and machinery sales and service establishment. 6 .2 The change in zoning is necessary to permit this proposed use on this property. Staff believe that this use is compatible with the surrounding uses, particularly those situated south of Taunton Road. 7 . PUBLIC MEETING AND RESPONSE 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. . . .4 556 REPORT PD- 8 -90 PAGE 4 7 .2 The Planning Act requires a Public Meeting to be held, and this requirement was met on March 6 , 1989 . At this meeting, no one spoke in support or in opposition to this particular application. As of the writing of this report, no written submissions or verbal enquiries have been made. B. AGENCY COMMENTS 8.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies . The following department/agencies in providing comments, offered no objection to the application as filed: - Newcastle Fire Department - Newcastle Hydro Electric Commission - Durham Region Health Department 8.2 The Town of Newcastle Public Works Department has indicated no objection in principle to the rezoning, but recommend it does not proceed until such time as the applicant submits detailed plans for Site Plan approval. Through the site plan application, the applicant will be responsible for 100% of the costs associated with any works on Green Road as a result of the development; the applicant will also be required to contribute to the upgrading of Green Road in accordance with Town policy; provide a performance guarantee estimate for external works; make an application for property access in conjunction with this proposal; and satisfy Staff in terms of the Towns Design Criteria and Standard Drawings. The Regional Public Works Staff have noted that no access will be permitted on Taunton Road. In addition, a 3 m ( loft. ) road widening and 0 .3 m ( 1 ft. ) reserve are required on the Regional Road prior to the passing of a by-law. . . .5 � 5 / REPORT NO. : PD- 8 -90 PAGE 5 8 .3 Central Lake Ontario Conservation Authority had no objection to the proposal in principle, however, they do note that the property is subject to Ontario Regulation 161/80, and that written permission is required prior to any filling or grading on the subject property. 8.4 The Ministry of Agriculture and Food noted that the chicken broiler farm to the east requires a 370 ft. ( 113 metre) minimum separation distance. The separation arc (370 ft. ) projects into the southeast corner of the subject property, leaving the majority of the property outside the minimum separation distance required by the Agricultural Code of Practice. Hence the Ministry has no objection to the proposal providing that the building is not within the 370 foot separation arc . 9 . STAFF COMMENTS , 9 . 1 It appears that this application complies with the intent of the Durham Region Official Plan and that the proposed use appears to be compatible with the existing surounding uses . 9 .2 Prior to enactment of the zoning by-law, the applicant is required to submit revised building elevations, site plans, a proposed colour scheme and external building materials plus entering into a site plan agreement with the Town to cover such matters as works to be performed as required by the Public Works Department cash- in-lieu of parkland dedication etc. Aat the time of the writing of this report these requirements have not yet been met. 10 . CONCLUSION 10 . 1 Given the above-noted information, Staff would respectfully recommend that the rezoning application be approved. The by-law will be forwarded to Council for approval upon execution of the site plan agreement. . . .6 5158 REPORT NO. : PD- 8 -90 PAGE 6 Respectfully submitted, Recommended for presentation to the Committee e!�;a z 4�� '14-,/� Franklin Wu, M.C. I .P. Law ence E. K ff DIrector of Planning Chief Administrative and Development Officer HM*FW*cc *Attach 19 December 1989 Interested parties to be notified of Council and Committee's decision: Carlo Rossi R.R. #1 Hampton, Ontario LOB 1JO Fowler, Davies Attention: Bryan Davies 175 North Street Port Perry, Ontairo LOB 1NO 559 ® SUBJECT SITE' 22 21 20 19 18 17 16 15 14 13 CONCESSION ROAD 6 i � , I I Z ! I 01 — 1 W Adl W I SEE 1 SCHEDULE '7' I (HAMPTON) V o l o Z REGIONAL. OA 4 J l o I i� ' P i E I �' ti J o A z t I 1 0 0 l a Z l Z I a l o l -I W i _ �- a I A I rErp I °- W 0 , V i l Z I 1 n 1 EP CONC. RDA o is0 500 l000m KEY MAP Dev. 88- 131 560