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HomeMy WebLinkAboutPD-148-91 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: DEV89109 .COU REPORT Meeting: Council File# /0 Date: Monday, June 24, 1991 Res. # By-Law# Report#: PD-148-91 . File#: DEV 89-109 Subject: ONTARIO MUNICIPAL BOARD HEARING - STEWART AND JEAN WOOD PART LOT 28, CONCESSION 6, FORMER TOWNSHIP OF CLARKE FILE: DEV 89-109 (BY-LAW 90-115) Recommendations: It is respectfully recommended that Council approve following: 1. THAT Report PD-148-91 be received for information. 1 BACKGROUND 1 . 1 In August of 1989 the Town of Newcastle Planning and Development Department received an application for Zoning By-law Amendment by Stewart and Jean Wood. The application proposed to rezone a 3 . 67 Ha of land fronting on Best Road to recognize an existing trucking operation and allow an expansion of said operation. In addition the application proposed to permit the erection of a second single family dwelling unit associated with the trucking business . 1.2 On May 22, 1990, Staff presented report PD-182-90 recommending DENIAL of the rezoning application. The General Purpose and Adminstration Committee in their review of the report recommended approval of the rezoning application. Council adopted Committee's recommendation at their following meeting. On July 16, 1990, Council passed by-law 90-115 permitting a transport or cartage depot and service establishment for a maximum of eight ( 8) transport vehicles as well as an additional single family dwelling unit as accessory to the non-residential use. 1 . 3 On July 25, 1990 the Clerk's Department received an appeal of By- law 90-115 by area residents. The appeal was in turn forwarded to . .2 ­CYCLED _P_ REPORT NO. PD-148-91 PAGE 2 the Ontario Municipal Board. The O.M.B. has slated July 11 and 12, 1991 to hear the appeal. 1.4 In consideration of Staff's recommendation to Committee and Council on the subject application, Staff will not be in a position to attend the hearing in support of the by-law. Should Council wish to be represented at the Ontario Municipal Board Hearing to defend their decision, Council may direct a planning consultant and solicitor be retained. The cost of legal and planning consultant fees for the hearing is estimated to be $20,000 . which has not been accounted for in the 1991 Budget. Respectfully submitted, Recommended for presentation to C u R ncil l( ,� Franklin Wu, M.C. I .P. L renc . Kotseff Director of Planning Chief A60nistrative and Development Officer CP*FW*cc *Attach 21 June 1991 Attachment No. 1: By-law 90-115 CERTIFII; A YHOE UPY - DN: A-40 Attachment No 1 p TI L. HNR.Ii; THE CORPORATION OF THE TOWN OF NEWCASTLE r Town Clerk BY-LAW NUMBER 90- 115 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 approve rezoning application DEV 89-109 and to amend By-law 8483, as amended, of the Corpora on of the Town of Newcastle. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of th Town of Newcastle enacts as follows: 1. Section 6.1 'SPECIAL EXCEPTION - AGRICULTURAL (A) ZONE" of By-la 84-63, as amended,is hereby further amended by adding thereto the following new Subsection 6.4.40 W follows: "AGRICULTURAL EXCEPTION 01-40) ZONE Notwithstanding Section 8.1, those lands zoned A-40 and identified on the at Schedule "A" to this By-law may, in addition to the other uses permitted in the Agriculture (A) zone, be used for the following purposes: a) Residential Uses (i) one additional single detached dwelling as accessory to the pern tted non. residential uses. b) Non-Residential Uses (1) transport or cartage depot for a maximum of eight(8) transport es (h) transport service establishment 2. Schedule '2" to By-law 84-63, as amended, is hereby further amended by the zone designation from "Agricultural Exception (A-1)" to "Agricultural Exception 01-40)' Zone shown on the attached Schedule 'A" hereto. 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 hereon,subject to the provisions of Section 34 of the Planni*n Act. BY-LAW read a first time this. 16thlay of July 1990. BY-LAW read a second time this 16th day of July 1990. BY-LAW read a third time and finally passed this 16th day of July • 1990. i l MAYOR VA 4 LERT � I This is Schedule "A" to By-law 90 - 15 , passed this 16th day of juts , 1990 A.D. 100.59 1 U N m � Q N ti Co Q° ° N ®ZONING CHANGE FROM 'A-I ' TO 'A-40' o (D o� M ZONING TO REMAIN 'EP' 3 - O w z o U J 100.74 O o O � S.W.Angle Lot 28,Con.6 TAUNTON ROAD 0 25 JJ 100 I50 Mayor 50 3010 — er C , 33 3231 30 29 28 27 26 25 24 23 ww ' W WQ `� 1 1 ; 1_ I bj 1 1 Z 1 °�w W 1 1 1 1 A1 All o A-1 N J d: N M3 A- S ( 1 w I � U 1 1 z CEP o t SEE U t I SCHEDULE CON RQ7 (KIR ) ys z A j z ( o 1 t o A.1 r h I 1 I � I m I I � I � I + .>.TAUNTON 0 260 600 IOOOm Former Township of CLARKE