HomeMy WebLinkAboutPD-10-86 TOWN OF NEWCASTLE
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REPORT �- '
.rti Res. #
ell By-Law #
MEETING: General Purpose and Administration Committee
DATE: January 6, 1986
REPORT #: PD-10-86 FI(._E #: DEV 85-28
SU&JECT: REZONING APPLICATION - SOL AND JOHN FALCHUK
PART LOT 20, CONCESSION 10, DARLINGTON
PART 1, PLAN 1OR-549 (KENNEL OPERATION)
OUR FILE: DEV 85-28
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-10-86 be received; and
2. THAT the application for rezoning in respect of Part of Lot 20, Concession 10,
former Township of Darlington to permit a private kennel be approved and, that the
* attached by-law to amend By-law 84-63 be forwarded to Council for approval .
BACKGROUND AND COMMENT:
On October 3, 1985, the Planning Department received an application submitted by Mr. &
Mrs. Falchuk to permit the use of a private kennel operation on a 2.03 ha (5.04 acre)
parcel of land located in Part of Lot 20, Concession 10, former Township of Darlington.
Within the Region of Durham Official Plan , the subject property is located within Burketon
Station, a designated Hamlet. Section 10.4.1.1 of the Durham Plan states in part that:
"The predominant land use in Hamlets shall be for a residential development.
Horne occupations, parks, community uses such as schools, places of worship and
fraternal organizations , limited commercial and industrial uses and farm implement
dealerships primarily intended to service the immediate surrounding agricultural
community may also be allowed, subject to the inclusion of the appropriate
requirements in the respective Zoning By-law."
. . .2
REPORT NO. : PD-10-86 Page 2
Furthermore, the subject property is designated as an "area proposed for
infilling" in the Hamlet of Burketon Station Development Plan.
It is noted for the Committee's information that the previous owner of the
subject lands, prior to the enactment of By-law 84-63 had obtained the
approval of the Committee of Adjustment, in 1982 with respect to a variance
for the frontage of the lands to permit the operation of a kennel and
subsequently obtain a kennel licence. The Committee of Adjustment noted
furthermore, within the decision that the licence to be issued was for
personal use only and not to include the boarding of dogs and additionally,
shall be terminated upon the sale of the property.
Staff would note that within By-lava 84-63 the definition of a "private
kennel " would be similar to the Committee' s consideration of a "personal use
kennel only. "
Staff 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
conjunction with same, Staff would note that no objections to the proposal
were received at the writing of this report, with respect to the amendment
requested.
In accordance with department procedures, the subject application was
circulated to obtain comments from other departments and agencies. The
following would summarize the comments as received. Staff would note that
the following departments had no objections to the application as filed:
1. Town of Newcastle Public Works Department
2. Town of Newcastle Fire Department
3. Town of Newcastle Building Department
4. Durham Regional Health Unit
5. Ministry of Agriculture and Food
The Region of Durham Planning Department provided the following response:
. . .3
REPORT NO. : PD-10-86 Page 4
"THAT Report PD-152-85 be received; and
THAT Regional Planning Committee be requested to consider a further
modification to the proposed Amendment No. 22 to the Darlington
Official Plan to add thereto a new Section 2.1.3 as follows:
"Council may, by by-law passed pursuant to Sectiona 34 of the
Planning Act, 1983, authorize the temporary use of land, building
or structures for any purpose otherwise prohibited by this Plan or
by by-law, provided that Council is satisfied that such temporary
use is compatible with the surrounding uses and is not located on
highly productive agricultural lands. A by-law authorizing a
temporary use shall define the area to which it applies and
specify the time period for which the authorization shall be in
effect. Said time period not to exceed three (3) years from the
date of passing of such a by-law".
The above-noted amendment was adopted by Council of the Regional
Municipality of Durham by By-law No. 211-85 in accordance with the
provisions of Section 17 and 21 of the Planning Act, as amended, and under
Section 70 of the Regional Municipality of Durham Act on November 20, 1985.
Accordingly, the amendment in question was forwarded to the Ministry of
Municipal Affairs and Housing.
It is Staff's opinion that, in consideration of the nature of the
application, the applicability and use of a "Temporary Use By-law" would
afford Council the opportunity of not only approving the by-law if deemed
appropriate, but provide the opportunity for a subsequent examination of
same at such a point in time that the time period, as expressed within the
Temporary Use By-law, has run its course. Staff would note that, at that
point in time, Council pursuant to Section 38, Subsection 3, may grant
further periods of not more than three (3) years.
Staff would note that if an extension was not approved, the provisions of
the Planning Act, specifically Section 34, Subsection 9(a) would not apply
so as to permit the continued use of the land, buildings or structures for
the purpose temporarily authorized.
. ..5
REPORT NO.: PD-10-86 Page 5
In consideration of the above-noted comments, Staff would have no objection
* to the approval of the by-law attached hereto.
spectfully s itt d,
T.T. Edwards, M.C.I .P.
Director of Planning
LDT*TTE*jip
*Attach.
December 16, 1985
Applicant: Mr. & Mrs. Falchuk
P.O. Box 12
R.R. #2
BLACKSTOCK, Ontario
LOB 1BO
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 86-
being a By-law to amend By-law 84-63, 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, to authorized the
temporary use of land, buildings or structures pursuant to Section 38
of the Planning Act, 1983;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of
the Town of Newcastle enacts as follows:
1. Section 9.3 "Special Exceptions - Residential Hamlet (RH)
Zone" of By-law 84-63 is hereby amended by adding the following new
Subsection 9.3.11:
"9.3.11 RESIDENTIAL HAMLET EXCEPTION (RH-11) ZONE
Notwithstanding Section 9.1, those lands zoned "RH-11" on the
Schedules to this By-law may, in addition to the other uses
permitted in the "Residential Hamlet (RH)" zone, be used for a
private kennel. Pursuant to the requirements of Section 38 of
the Planning Act, 1983, a private kennel may be permitted for a
period of three (3) years ending January 13, 1989. The
placement of buildings and structures shall be subject to the
zone requlations set out in Section 6.3c."
'L. Schedule 12 to By-law 84-63, as amended, is hereby further
amended by changing the zone designation from "Residential Hamlet
-Holding "(H)RH" to Residential Hamlet Exception (RH-11)" zone as
shown on the attached Schedule "X" hereto.
3. This by-law shall come into effect on the date of passing
hereof, subject to the provisions of Section 34 of the Planning Act,
1983.
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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