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Home My WebLink AboutPD-111-84 4 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1J0 TEL.(416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MAY 22, 1984 REPORT NO. : PD-111-84 SUBJECT: APPLICATION FOR REZONING - W. TOMLINSON PART LOT 27, CONCESSION 6, TOWNSHIP OF CLARKE FILE: DEV 84-13 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following : 1 . That Report PD-111-84 be received; and * 2. That the By-law attached to this report to amend By-law 1592, as amended, of the former Township of Clarke, be approved; and 3. That Council adopt the following resolution: "THAT the parcel of land subject to Rezoning Application DEV 84-13 and being rezoned to Special Provision "A-19" in By-law 1592, as amended, of the former Township of Clarke, be rezoned to "Ml -3" in the draft Comprehensive Zoning By-law at such time as the draft Comprehensive By-law is reconsidered by Council ." I REPORT NO. : PD-111-84 Page 2 BACKGROUND: On March 27, 1984, the Planning Department received an application submitted by Mr. William Tomlinson to rezone a 0.12 ha (0.29 acre) parcel of land in Part Lot 27, Concession 6, former Township of Clarke, from "Special Provision A-7" to an appropriate zoning to permit the establishment of a silk screen printing operation. Special Provision A-7, which was approved by By-law 78-36, permits the operation of a retail meat outlet within the existing building on the subject site; the building is currently vacant. The site is owned by the Ministry of Transportation and Communications. In accordance with departmental procedure, the application was circulated to various departments and agencies. The only major concerns expressed were as follows : Region of Durham Planning Department The subject site is designated "Permanent Agricultural Reserve" by the Regional Official Plan. The proposed printing operation does not conform to this designation. We understand, however, that there is an existing vacant building on the site which was previously used as a retail meat outlet. In this regard, you may wish to determine if the provisions of the Regional Plan concerning existing non-conforming uses would be applicable to the subject proposed amendment. Region of Durham Health Unit No objections. The Owner should be aware that there is insufficient land area available to accommodate a replace- ment tile or filter bed sewage system. The only replacement . . .3 REPORT NO. : PD-111-84 Page 3 system that could be approved is a holding tank sewage system. Ministry of the Environment No objection. The applicant should be advised that the installation of any equipment that emits contaminants to the atmosphere, is subject to the approval of this Ministry under the Environmental Protection Act. COMMENT: Staff note that the Ministry of Transportation and Communications has purchased a portion of the parcel originally zoned for the retail meat outlet in order to provide an access from Highway 35/115. The result is that the parcel subject to the current rezoning application will be bordered on the north, east and south by roads, and on the west by a vacant 0.13 ha (0.3 acre) parcel which M.T.C. is in the process of expropriating. As indicated by the Regional Planning Department , Section 16.6.5 of the Durham Regional Official Plan provides for a local municipality to zone to permit the continuation of a non-conforming use or a similar use. The proposed printing operation could be considered as being similar to the retail meat outlet. Discussions with the applicant indicate no additions to the building are proposed, and that very little customer traffic will be attracted to the printing operation. In this latter respect, the proposed use will have a lesser impact on nearby residential and agricultural uses than a retail outlet. As well , Staff note that the existing building is setback 450 metres (1475 feet) from the . . .4 I c> REPORT NO. : PD-111-84 Page 4 nearest residential or agricultural building. Staff have no objection to the establishment of the printing operation in the existing vacant building, and have prepared * a By-law (attached) to rezone the property to permit the proposed use. As indicated earlier, a portion of the property originally zoned to permit the retail meat outlet has been purchased by the M.T.C. to provide an access road to Highway 35/115. The draft By-law proposes to rezone this portion of the site, as well as a small parcel to the north of the proposed road, to "A-Agricultural ".. It is respectfully recommended that Council approve the By-law attached to this report to permit the printing operation. Staff note however, that the subject site is zoned "C4-Special Purpose Commercial" by the draft Comprehensive Zoning By-law, which was given first reading by Council on May 14, 1984. A printing operation is not listed as a permitted use in this zone; it is permitted in the "Ml -Dry Light Industrial " zone. The Durham Regional Official Plan permits limited industrial uses in hamlets and Staff would have no objection to including the subject site within the Hamlet boundaries for Orono at such time as a Development Plan for the Hamlet is prepared. It is therefore further recommended that Council resolve to change the zoning of the subject property as indicated in the draft Comprehensive Zoning By-law to "M1 -Dry Light Industrial ", at such time as Council considers revisions to the By-law prior to final approval . . . .5 i REPORT NO. : PD-111-84 Page 5 Respectfully mi d, -T.T. Edwards M.C.I.P. Director of Planning JAS*TTE*jip *Attach. May 10, 1984 Applicant: Mr. W. Tomlinson P.O. Box 294 Main Street ORONO, Ontario LOB IMO The Ministry of Transportation & Communications Property Section - Central Region Land Management 3501 Dufferin Street DOWNSVIEW, Ontario MY 1N6 ATTN: Mr. W.H. MacDonald, Area Manager i I I i THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 84- being a By-law to amend Restricted Area By-law 1592, as amended, of the former Township of Clarke, now in the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend Restricted Area (Zoning) By-law 1592, as amended, of the former Township of Clarke in order to permit a printing operation pursuant to Section 16.6.5 of the Durham Regional Official Plan. NOW THEREFORE, the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Schedule "A" Map 1 to By-law 1592, as amended, is hereby further amended by changing to "A" the zone designation of the lands indicated as "ZONE CHANGE TO A" on the attached Schedule "X" hereto. 2. Schedule "A" May 1 to By-law 1592, as amended, is hereby further amended by changing to "A-19" the zone designation of the lands indicated as "ZONE CHANGE TO A-19" on the attached Schedule "X" hereto. 3. Section 10.3 of By-law 1592, as amended, is hereby further amended by adding the following subsection (r): "(r) A-19 - Part of Lot 27, Concession 6 Notwithstanding any provision of this By-law to the contrary, that Part of Lot 27, Concession 6, designated as Special Provision "A-19" on Schedule "A" hereto, shall only be used in accordance with the following provisions. In the event that there is any conflict between the provisions of this Special Provision, and any other provisions of this By-law 1592, as amended, then the provisions of this Special Provision shall apply. But in the event that this Special Provision is silent on any matter then the provisions of By-law 1592, as amended, shall apply. (i) Permitted Uses Residential Uses Prohibited Non-Residential Uses i) printing establishment (ii) Zone Provisions I (a) Lot Area (minimum) 1200 square metres (b) Lot Frontage (minimum) 30.0 metres j i _ 2 _ (ii) Zone Provisions (Continued) (c) Yard Requirements (minimum) i) frontyard 3.0 metres ii) exterior side yard 0.0 metres iii) interior side yard 24.0 metres iv) rear yard 6.0 metres (d) Floor Area (minimum) 200.0 square metres (e) Lot Coverage (maximum) 50 percent (f) Landscaped Open Space (minimum) 10 percent (g) Building Height (maximum) 12.0 metres 4. Schedule 'T' attached hereto shall form part of this By-law. 5. This By-law shall come into effect on the-date hereof subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 1984 BY-LAW read a second time this day of 1984 BY-LAW read a third time and finally passed this day of 1984 MAYOR CLERK i I I I i This is Schedule "X" to By-law 84- , passed t his day of A.D. 1984. 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