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Home My WebLink AboutPD-327-90 TOWN OF NEWCASTLE r � REPORT File # DN: HUNGARIAN.REP ` Res. # By-Law # METING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: Monday, November 5, 1990 REPORT #: PD-327-90 FILE #: DEV 90-069 SUBJECT: REZONING APPLICATION HUNGARIAN CULTURE CLUB PART LOT 15, CONCESSION 51 FORMER TOWNSHIP OF DARLINGTON DEV 90-069 RECOMMENDATIONS: It is respectfully recommended that the General Purpose & Administration Committee recommend to Council the following: 1. THAT Report PD-327-90 be received; 2 . THAT the application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by John Mago on behalf of the Hungarian Culture Club be APPROVED in order to permit the establishment of a 190.26 square metre picnic grounds shelter; 3 . THAT the necessary By-law be forwarded to Council once the Site Plan Agreement has been executed; and 4. THAT the interested parties listed at the end of this report and any delegations be advised of Council's decision. BACKGROUND AND COMMENT: 1. APPLICATION DETAILS 1. 1 Applicant: Hungarian Cultural Club 1.2 Agent: John Mago . . . /2 REPORT PD-327-90 PAGE 2 1 . 3 Rezoning: From in part "Agricultural (A) " and in part "Environmental Protection (EP) " to an appropriate zone category to permit the establishment of a 190.26 square metre picnic grounds shelter. 1.4 Area: 5.29 hectares ( 13 . 07 acres) 2. BACKGROUND 2 . 1 The Hungarian Cultural Club, which owns the subject property, has used the lands for recreational purposes since 1951. Early in 1990, a 190.26 square metre pole barn was destroyed by fire. Since the current zone category did not recognize the existing use of the property as a permitted use, the pole barn enjoyed a legal non-conforming status . However, once the pole-barn was destroyed by the fire, the legal non-conforming status was lost. Therefore, in order to permit the re- establishment of a 190 .26 square metre picnic grounds shelter (pole barn) , the Hungarian Cultural Club applied in July of 1990 to amend the Town's Comprehensive Zoning By-law. 2 . 3 The subject property is a rectangular shaped parcel approximately 5 .29 hectares ( 13. 07 acres) in size and is located on the west side of Scugog Road (Regional Road 57) , approximately 360 metres ( 1184 feet) north of Taunton Road, but is more formally described as Part Lot 15, Concession 5, in the former Township of Darlington. 3. PUBLIC NOTICE AND SUBMISSIONS 3 . 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 and the Public Meeting with respect to the application was held on September 17, 1990 . . . ./3 � 14 REPORT PD-327-90 PAGE 3 3.2 As of the writing of this report, no written submissions have been received. However, Staff did received one telephone inquiry from an area resident who requested more detailed information regarding the subject application. 3.3 In addition, at the Public Meeting of September 17, 1990, two (2) area residents addressed the Committee and expressed concerns regarding the provision of washroom facilities and the containment of noise. 4. OFFICIAL PLAN CONFORMITY 4 . 1 Within the Durham Regional Official Plan, the subject property would appear to be designated as a General Agricultural Area with an indication that the subject property is a Hazard Lands area and an Environmentally Sensitive area. Section 11.2 .4 of the Regional Official Plan permits, within the General Agricultural designation, farm-related uses and other uses such as allotment gardens, nursery gardening, riding and boarding stables, kennels, mink farms, golf courses and public fairgrounds. It would therefore appear that the proposed use of the subject property conforms with the Durham Regional Official Plan. 5. ZONING BY-LAW COMPLIANCE 5. 1 Within the Town of Newcastle Comprehensive Zoning By-law 84- 63, as amended, the subject property is zoned in part "Agricultural (A) " and in part "Environmental Protection (EP) " . The applicant intends to utilize that portion of the subject lands zoned "Environmental Protection (EP) " as a picnic grounds and intends to establish a 190 .26 square metre pole barn on the subject property. As the proposed structure is not permitted in the current zone category, the applicant has applied to amend the zoning by-law accordingly. . . ./4 REPORT PD-327-90 PAGE 4 6. AGENCY COMMENTS 6 . 1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following provides a brief synopsis of the comments received relating to this proposal. 6 .2 The Town of Newcastle Public Works Department has advised that they have no objection to the proposal subject to the following conditions: 1. That no changes are made to the site except for the reconstructions of the pole barn. 2 . That no watercourses or drainage patterns are altered or adversely affected. 6 . 3 The Town of Newcastle Fire Department has no objection to the application but notes that during the previous emergency situation, which destroyed the original structure, access to the site was impeded by a locked gate. The Town of Newcastle Fire Department therefore, wants to ensure unimpeded access to the subject property. 6 .4 The Central Lake Ontario Conservation Authority advises that the Authority would have no objection to the approval of the proposal. However, in order to ensure that the environmentally sensitive nature of the property is maintained the Authority has requested that the wording of the implementing by-law be forwarded to the Authority prior to Council approval. 6 .5 The Regional Works Department has advised that they have no objection to the proposal subject to the following conditions: 1. that the applicant, at his full cost, close the existing entrance (including removal of the existing culvert) and build a new 6 . 0 metre (minimum) wide entrance at a location 150 . 0 metres to the south of the present entrance. This will ensure that the minimum safe sight distance is available for vehicles exiting the property; and . . . /5 REPORT PD-327-90 PAGE 5 2 . that the applicant dedicate to the Region of Durham, free and clear of all encumbrances, a 3 .0 metre wide road widening across the entire frontage of the subject property abutting Regional Road No. 57 . 6 .6 The balance of the circulated agencies which have provided comments were the Town of Newcastle Community Services Department, the Regional Health Department, the Regional Planning Department and the Ministry of Natural Resources . None of the afore-mentioned agencies provided objectionable comments with respect to the application. 7. COMMENTS 7 . 1 The applicant intends to amend the zone category of the subject property in order to permit the re-establishment of a 190 .26 square metre pole barn which was destroyed by fire in early 1990. 7 .2 The use of the subject property can generally be considered to be recreational in nature and the Planning and Development Department is confident that the use of the property in this manner will not have a significant impact on the environmentally sensitive nature of the surrounding area. Furthermore, Staff is of the opinion that the proposed use of the subject property is similar in nature to other recreational uses permitted in the Environmental Protection (EP) zone, such as a golf course, and that the proposed use would not offend the intent of the Zoning By-law. 7 . 3 The Planning and Development Department recommends, in order to satisfy the requirements of the Central Lake Ontario Conservation Authority, that the zone category, if the application is approved, be amended to an Environmental Protection - exception zone, which would permit only the proposed 190 .26 square metre pole barn. This would ensure that the environmentally sensitive nature of the property would be maintained since once the pole barn was re- established a subsecruent i ncr n[Prmi t could not be issued REPORT PD-327-90 PAGE 6 7 .4 Finally on September 24, 1990, the Council of the Corporation of the Town of Newcastle directed Staff to investigate the issue of proper facilities for the site with the Durham Regional Health Unit. For the Committee's information, the Planning and Development Department notes that the Building Division has advised that under the regulations of the Ontario Building Code, the applicant will be required to provide washroom facilities with the approval of the Regional Health Unit. 8. CONCLUSION 8 . 1 In consideration of the comments contained within this report, the Planning and Development Department recommends that the application be approved and the necessary by-law be forwarded to Council for approval at such time as a Site Plan Agreement has been executed. Respectfully submitted, Recommended for presentation to the Committee C)M,4t_g�- _Ad$q1_ Franklin Wu, M.C. I .P. Lawrence Kotseff, M.C. I.P. Director of Planning Chief Adm'nistrative and Development Officer WM*FW*lp October 22, 1990 INTERESTED PARTIES TO BE NOTIFIED OF COMMITTEE AND COUNCIL'S DECISION: Hungarian Cultural Club 64 Albany Street P.O. Box 2401 OSHAWA, Ontario L1H 2Z2 John Mago 688 Saturna Avenue Lij 2B3 OSHAWA_; Ontar,i.o L� .1 ® SUBJECT SITE LOT 17 LOT 16 LOT 15 n i EP ,per A- ) o Lc) z � � o I � o RH �A V A o V EP cr- S t 0 . a i� q Z o RH iI EP*', , w TAUNTO ROAD N 0 D g_q REGIONAL ROAD 4 0 50 too zoo 300M BEY SAP % Dev . q0�069 h. 1 N d0 y�L9-9Ls�9��. o�o� ./s'HO� 0351A3d Da 90 :31VO 71VJ4 G/ r NMVdO :AO C3A.. r��/ r9�' /yl +DOS L� D/ 'p, I. 6 ` It 'e7` Z ;ti \mss li v \� C I yr �o,�l.ppei�ijy��v �flr�7a2 � "'. i �Tlsv✓r��iy do Mol �y •�o� o17�vrTaaa �MI . g • G� "9/ .10T �O.C2'o� f v o�,o�� If O i SgZE�.9 � � \ 02 0 ___-__--- -