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Home My WebLink AboutPD-36-90 TOWN OF NEWCASTLE REPORT File #, , -3.5 ,56 i 7 r4 CUSTOM Res. # _�• By-Law # SING: General Purpose and Administration Committee DATE: Monday, January 22, 1990 REPORT #: PD— 36 —90 FILE #: DEV 89-107 SUBJECT: ZONING BY-LAW AMENDMENT APPLICATION CUSTOM COMMUNICATION SERVICES PART LOT 34, CONCESSION 10, FORMER TOWNSHIP OF DARLINGTON RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-36 -90 be received; and 2 . THAT the rezoning application submitted by David Kirk on behalf of Custom Communication Services to permit the erection of a 76 .2 metre (250 foot) guyed private communication tower be approved and the necessary by-law forwarded to Council once the site plan agreement has been executed; and 3 . THAT a copy of Committee and Council's decision be forwarded to the interested parties attached hereto. 1. BACKGROUND 1. 1 In August of 1989, the Town of Newcastle Planning and Development Department received an application to amend the Town of Newcastle Zoning By-law in order to permit the installation of a 76 .2 metre (250 foot) guyed communications tower and the construction of a 46 .45 square metre (500 square foot) building to store equipment associated with radio communications . Should the principle of the proposed use be approved, the applicant would be required to enter into a Site Plan Agreement. 1.2 The subject site is an irregularly shaped parcel approximately .69 . . .2 REPORT NO. : PD- 36 -90 PAGE 2 hectares ( 1. 7 acres) in size and is located in part Lot 33, Concession 2, in the former Township of Darlington. Agriculturally maintained property abuts the subject lands on all sides. 2 . PUBLIC NOTICE 2 . 1 For the Committee's information, 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. The Public Meeting in respect of the subject application was held on Monday December 4, 1989 . 2 .2 The Planning and Development Department has not received as of the writing of this report, any written submissions regarding this proposal. 3. OFFICIAL PLAN CONFORMITY 3. 1 Within the Durham Regional Official Plan, the subject property is designated "Major Open Space - Oak Ridges Moraine" . The predominant use of land within this designation shall be for agricultural purposes . Additionally, under specific circumstances, recreational uses may be permitted within the "Major Open Space - Oak Ridges Moraine" designation. However, the proposed use of the property is not identified as a permitted recreational use. Nevertheless, Section 14 .2 . 3 of the Durham Regional Official Plan permits the establishment of utilities serving the immediate surroundings in any land use designation. Therefore, the Durham Regional Planning Department has indicated that the proposal conforms with the intent of the Durham Regional Official Plan. . . . .2 '� 60 REPORT NO. : PD_ 36 -90 PAGE 3 4 . ZONING BY-LAW CONFORMITY 4 . 1 Zoning By-law 84-63 zones the subject property Agricultural (A) which permits only farm and farm-related structures. As the proposed use of the subject property is not identified in the Zoning By-law as a permitted use, the applicant has applied to amend the Zoning By-law accordingly. 5. AGENCY COMMENTS 5. 1 The Town of Newcastle Planning and Development Department undertook a joint circulation of the Zoning/Site Plan Approval application. The following provides a summary of the comments received to date relating to the proposal. 5.2 The Town of Newcastle Public Works Department has reviewed the proposal and offers no objection to the approval of the application subject to the provision of certain regulatory conditions. Firstly, that the applicant make application for property access in conjunction with the application. Secondly, that the applicant bears the cost of any work on Cochrane's Road which are necessitated as a result of this development. Thirdly, that the applicant contribute to the cost of reconstructing/upgrading Cochrane Road in accordance with Town Policy. Fourthly, that all of the Town's Standard conditions with respect to easements, roads, services and grading be complied with. 5 . 3 The Community Services Department has reviewed the proposal and has no objection to the application subject to the 2% parkland dedication being accepted as cash-in-lieu and funds realized being credited to the Parks Reserve Account. 5.4 The balance of the circulated agencies which provided comments regarding the subject application were the Town of Newcastle Fire Department, the Ministry of Agriculture and Food, the Regional . . .4 561 REPORT NO. : PD_ 36 -90 PAGE 4 Planning Department, the Regional Works Department, the Regional Health Department and Ontario Hydro. None of aforementioned agencies/departments provided objectionable comments with respect of the subject application. 6 . STAFF COMMENTS 6 . 1 The Planning and Development Department has reviewed the proposal in relation to the Town of Newcastle Comprehensive Zoning By-law 84-63. The current zoning on the subject property would permit only farm and farm-related structures to be erected. Staff would note for the Committee's information that the applicant is proposing the erection of a 76 .2 metre (250 foot) communication tower to be used in conjunction with the private radio communication company. 6 .2 The applicant has indicated to the Planning and Development Department that the primary use of the property will remain agricultural in nature as the owner of the property intends on using the balance of the subject property for agricultural purposes . Since the owner of the subject property intends to agriculturally maintain the balance of the lands, the Planning and Development Department recommends that the zoning category be an exception to the existing Agricultural (A) zone which would permit as an additional use the installation of a radio communication tower having a maximum height of 76 .2 metres (250 feet) . 6 .3 Finally, for the Committee's information, the applicant has indicated to the Town of Newcastle Planning and Development Department that the Communication Company is licensed by the Federal Department of Communications and that the proposed tower will meet the specifications and requirements of Transport Canada. Furthermore, the Planning and Development Department is confident that through the Site Plan Control process, any adverse impacts upon the surrounding property can be minimized or eliminated. . . .5 5Q REPORT NO. : PD- 36 -9 0 PAGE 2 7 . CONCLUSION 7 . 1 In view of the foregoing, the Planning and Development Department respectfully recommends that the application be approved and that the necessary by-law be forwarded to Council for approval at such time as the site plan agreement has been executed. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I.P. ren a E. Kotseff DIrector of Planning Chief ' inistrative and Development Officer WM*FW*cc *Attach 5 January 1990 Interested parties to be notified of Council and Committee's decision: David Kirk Custom Communications Services R.R. #1 ASHBURN, Ontario LOB lAO Rino Cipolletti 43 Brikham Terrace DOWNSVIEW, Ontario M3M 2R9 E� SUBJECT SITE 35 34 33 32 31 30 29 28 27 .26 25 '�� BOUNDARY ROAD ' ..•l ' , CANA01AN PACIFIC RAIL Y, 10 A ' M.3 , z i 0 CONCESSION R AD•10 I M3 A I I 41 O A-!] j EF z I p Q z 0 Q I i 1 O 1 1 ' ' 0 � , A , 1 z W W I 1 A.]1 to z Ld Z ; 1 LL ' I 3 I V i z Z I . w CONC.RD.9 , 0 SEE I V F— 1 NtDULE. 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