HomeMy WebLinkAboutPD-7-86 TOWN OF NEWCASTLE
REPORT
File #6
Res. #
By-Law #
MEETING: General Purpose and Administration Committee
DATE: January 6, 1986
REPORT #: PD-7-86 FILE #: DEV 85-32
SUBJECT: REZONING APPLICATION - BARRIE WELCH
PART LOT 1, CONCESSION 7, FORMER TWP. OF CLARKE
OUR FILE: DEV 85-32
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following :
1. THAT Report PD-7-86 be received; and
2. THAT the application submitted by Mr. Barrie Welch to recognize the existing use of
a kennel operation and an expansion thereto on a 7.12ha (17.6 acres) parcel of land
in Part of Lot 1, Concession 7, former Township of Clarke, be approved, and that
* the attached by-law to amend By-law 84-63 be forwarded to Council for approval ;
and
3. THAT the rezoning application fee, relative to Mr. Barrie Welch's application, be
waived and a refund provided.
BACKGROUND AND COMMENT:
On October 24, 1985 the Planning Department received an application submitted by Mr.
Barrie Welch to rezone a parcel of land located in Part of Lot 1, Concession 7, former
Township of Clarke. The submission of the rezoning application was to recognize the
kennel operation and to permit the expansion thereto.
. ..2
REPORT NO. : PD-7-85 Page 2
Within the Durham Regional Official Plan, the subject property is located
within the "Permanent Agriculture Reserve" designation. A kennel is not a
permitted use within this designation. However, the expansion to an
existing kennel operation may be considered within the context of Section
16.6.5 of the Durham Official Plan.
. . "Notwithstanding Sections 8.3.3.3, 16.6.1, 16.6.2 and 16.3.3,
nothing in this Plan is 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 the provisions of this Plan;
b) have regard for the Agircultural 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
(1) are subject to any conditions that may be contained in a District
Plan."
Staff would note for the Committee's information that the public
informational sign, as required pursuant to Council 's resolution of July 26,
1982 and the requirements of the Planning Act, were installed on the subject
lands.
In accordance with departmental procedures, the subject application was
circulated to obtain comments from other departments and agencies. It is
noted for the Committee's information that the following departments had no
objections to the proposal .
i ) Ganaraska Conservation Authority
ii ) Town of Newcastle Works Department
iii ) Town of Newcastle Fire Department
iv) Ministry of Agriculture and Food
. . .3
REPORT NO.: PD-7-85 Page 3
The Region of Durham Planning Department, in responding pursuant to the
provisions of the Durham Official Plan, provided confirmation as to the
Official Plan designation and provisions thereto as noted previously within
this report.
With respect to By-law 84-63, Staff would note that the zoning of said
lands, as originally included within By-law 84-63, was consistent and in
conformity with the Regional Official Plan designation of "Permanent
Agricultural Reserve". Staff would note that during the preparation of
By-law 84-63 a list of the issued Kennel Licences was forwarded for Staff's
consideration in September of 1983. Accordingly, the licenced kennels as
permitted within the respective by-laws prior to the enactment of By-law
84-63, were so noted. Furthermore, Staff would note that additionally all
kennels so listed in the Durham Region Bell Canada Phone Directory, were
reviewed and included where applicable.
Mr. Welch's application for a kennel licence, as noted by Mr. Welch at the
General Purpose and Administration Committee meeting of November 18, 1985,
was originally submitted and issued in January, 1984. Staff would note
within By-law 1592, of the former Township of Clarke, the subject property
was located within the agricultural zone within which a kennel operation was
included as a permitted use.
It is noted for the Committee's information that all kennel operations for
which the appropriate licence was issued in compliance with the zoning
by-law provisions, was so noted within By-law 84-63. Accordingly, Staff
would have no objections to the approval of the rezoning application as
submitted, and furthermore, would recommend that Committee and Council give
consideration to the waiving of the application fee as contained within
Staff's recommendation.
.. .4
REPORT NO. : PD-7-85 Page 4
Respectful b 'tted,
T.T. Edwards, M.C. I.P.
Director of Planning
LDT*TTE*jip
*Attach.
December 9, 1985
Applicant: Mr. Barrie Welch
R.R. #1
NEWTONVILLE, Ontario
LOA 1JO
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 86-
being a By-law to amend By-law 84-63, the Comprehensive Zoning
By-law of 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, pursuant to Section 16.6.5 of the Durham
Regional Official Plan, enacts as follows:
1. Schedule "1" to By-law 84-63, as amended, is hereby further
amended by changing the zone designation from "Agricultural Exception
(A-1)" to "Agricultural Exception (A-14)" as shown on the attached
Schedule "X" hereto.
[. This By-law shall come into effect on the date of passing
hereof, subject to the provisions of Section 34 of the Planning Act.
BY-LAW read a first time this day of 1986
BY-LAW read a second time this day of 1986
BY-LAW read a third time and finally passed this day of
1986.
MAYOR
CLERK
This is Schedule "X" to By-law 86
passed this day of , 1986 A.D.
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