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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. LOT I CONCESSION 7 a O N 72°12'20"E _ 15702 z T a ,Il � a x r_, N� 3 p w 0p z O W N 1f1 W o N O M W z W ti z � Z a 0 e. 3 �Y J i Q �4P o S� SE.Anpla Q p� 1o11,COn7�{ � REGIONAL—`128 73�; +—< Iso to 11720 }--1 N 78°II'38"E 72420"E N72°IZ'2o"E _� UNOPENED PORTION OF ROAD ALLOWANCE BETWEEN CONCESSIONS 6 AND 7 ROp p ROAD ALLOWANCE N° 9 ® ZONE CHANGE FROM "A-I" TO"A-14" 0 50 100 200. F9 F9 n I Mayor 5 to Clark I LOT 13 12 1 1 , 10 1 9 8 7 6 5 4 3 2 LOT I I 1 t \Y : A , EP -;-- I : A : � 1 I ti [P O I i Y El 1 I I vNi 1 I I W A -z,IA-1 1 1 0 EP 1 U SUBJECT EP, I SEE 1 I SCHEDULE (KENDAL) A-` Al A / { I 1 I , � ID z 0 w z 1 ; ; Al 1 IA ; o I i ' I � 0 250 500 IooOm Former Township of CLARKE 1