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Home My WebLink AboutPD-94-86 TOWN OF NEWCASTLE REPORT File # ,, t Res. # �',� . By-Law # METING: General Purpose and Administration Committee DATE: Monday, April 21, 1986 REPORT #: PD-94-86 I FINE #: DEV 86-11 SUBJECT: REZONING APPLICATION - LLOYD ALGAR PART LOT 34, CONCESSION 4, DARLINGTON OUR FILE: DEV 86-11 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-94-86 be received; and 2. THAT the application, submitted by Mr. Lloyd Algar, to rezone a parcel of land located in Part of Lot 34, Concession 4, former Township of Darlington to permit the development of a sales outlet for nursery stock grown on the farm be approved and the by-law attached hereto be forwarded to Council for approval at such time that the applicant has satisfied the requirements of the Town of Newcastle Works Department with respect to the required road widening. BACKGROUND AND COMMENT: On February 26, 1986, the Planning Department received an application for rezoning submitted by Mr. Lloyd Algar to rezone a parcel of land located in Part of Lot 34, Concession 4, to permit the development of a sales outlet for nursery stock grown on the farm operation. . . .2 (e) REPORT NO.: PD-94-86 Page 2 Within the Regional Official Plan the subject property is designated "Major Open Space". Agricultural and farm-related uses including a retail stand for the sale of agricultural products produced on the farm unit may be permitted within the "Major Open Space" designation. Staff would note for the Committee's information that pursuant to Council 's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. Staff would note that as a result of the filing of the application and the posting of the Public Notice signs, to date, no objections to the proposal have been received from the general public. In accordance with department procedures, the application was circulated to obtain comments from other departments and agencies as noted within Staff Report PD-70-86. Staff would note that, in consideration of the above-noted circulation, the following departments provided no objections to the application as submitted: 1. Town of Newcastle Building Department 2. Town of Newcastle Fire Department 3. Ontario Hydro The Durham Regional Health Unit in responding noted that the application for rezoning had been investigated by the Health Department and insofar as the health matters are concerned, there are no objections to its approval . However, it was noted that this letter was not to be taken as a permit to install a private sewage disposal system at the site involved. The required permit would be issued only after a proper inspection had been carried out upon receipt of a formal application. i The Town of Newcastle Works Department, in responding, offered no objections to the development noting that the proposed usage of the property did not, i in their opinion, appear to change significantly from the present use. Therefore, it was noted that they had no objection to the proposal provided I i . . .3 I REPORT NO.: PD-94-86 Page 3 that the applicant dedicate to the Town, free and clear of all encumbrances, an 8.23 metre road widening for the frontage of the subject lands. The Region of Durham Planning Department, in responding, noted that the subject property was designated "Major Open Space" in the Durham Regional Official Plan. Agricultural and farm-related uses including a retail stand for the sale of agricultural products produced on the farm unit, may be permitted within the Major Open Space designation. Staff would note that in consideration of the application as submitted, the applicant provided a letter dated February 19, 1986 from the Central Lake Ontario Conservation Authority, respecting their comments as follows: "At its meeting of February 18, 1986, the Central Lake Ontario Conservation Authority passed the following resolution concerning the above-noted application: That the application be approved subject to the following conditions: 1. The project shall be carried out according to the plans and specifications submitted in support of the application. 2. All doors, windows and other openings to the building shall be located at an elevation of 479.0 feet c.g.d or greater. 3. Clearing of trees shall be limited to the minimum required for the construction of the building, parking area and driveway. No additional removal of live trees, 4 inches in diameter, or greater at breast height shall occur without the written approval of the Authority. 4. The applicant shall enter into a Save Harmless Agreement with Authority to be registered on title of the property at his expense. 5. All fill areas and other locations disturbed during the construction process shall be seeded, sodded, or stabilized in some other manner acceptable to the Authority. . . .4 i REPORT NO.: PD-94-86 Page 4 Please note, in particular, Condition No. 4. In order to prepare the appropriate agreement, it will be necessary for you to provide a copy of the deed to the property and also the roll number of the property. Please forward this information to this office at your earliest convenience. When the Save Harmless Agreement has been prepared, we will contact you to arrange execution of the agreement. Your permit will be available at the time when the agreement is executed. " In consideration of the Town Works Department comments, Staff would note that Pebblestone Road within the Durham Regional Official Plan is designated as an Arterial Type 'A' Road (a future Regional jurisdiction) which is presently under local jurisdiction. Within the Durham Plan, Section 13.2.8 states that an Arterial Type 'A' Road shall have a right-of-way width ranging from 120 feet to 150 feet. Accordingly, the Works Department has requested that an 8.23 metre (27 feet) road widening be dedicated to the Town of Newcastle in consideration of the above requirement. Staff would note that the requested widening is calculated in consideration of the 120 foot minimum width. Staff would note for the Committee's information that with respect to the comments of the Central Lake Ontario Conservation Authority and the issuance of their permit, the Town Building Department, prior to the issuance of any building permit for the proposed structure, would require receipt of the appropriate approval from the Conservation Authority. In consideration of the above-noted comments and concerns as expressed, Staff would have no objection to the approval of the by-law amendment as * attached hereto. Rmitted, M.C.I .P. Director of Planning LDT*TTE*jip *Attach. April 4, 1986 cc: Mr. Lloyd Algar 880 Parkland Avenue OSHAWA, Ontario L1G 1N8 THE CORPORATION OF THE TOWN OF NEWCASTLE ' BY-LAW NUMBER 86- being a By-law to amend By-law 84-63, as amended, 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 enacts as follows: 1. Section 5.2 "SPECIAL EXCEPTIONS - ENVIRONMENTAL PROTECTION (EP) ZONE" of By-law 84-63 is hereby amended by adding thereto the following new Subsection 5.2.5 as follows: "5.2.5 ENVIRONMENTAL PROTECTION EXCEPTION (EP-5) ZONE Notwithstanding Section 5.1, those lands zoned "EP-5" on the Schedules to this By-law may, in addition to the uses permitted in the Environmental Protection (EP) Zone, be used for a farm produce retail outlet. The placement of buildings and structures shall be subject to the zone regulations set out in Section 6.3 and the following special zone regulations: a) Minimum elevation of any door, window or other structural opening 146.0 metres" 2. Schedule "1" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Environmental Protection (EP)" Zone to "Environmental Protection Exception (EP-5) Zone" as indicated 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. 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 I CLERK ; '• i �v((�_) This is Schedule "X" to By-law 86- , passed this day of ,1986 A.D. LOT 34 , CONCESSION 4 M N72°13'40"E 152.40 °z o O Q m m m 9 3 a W :0 W o J 2 2 N72°13 40 E 152.40 PEBBLE-STONE' ROAD ® ZONE CHANGE FROM 11 EP" to" EP-5" 0 10 20 40 60 loom Mayor 26m 15 5 CISA 35 34 3 32 31 30�29 28 27 I EP V ICONC. ROAD 15 -), I CP � Z , I A•4 w i 1 � I i U 0 U FE ZONAL RD 4 ICE K qI SCHEDULE '6' X 1 I (MITCHELCS CORNERS) o I -I O E a / g ' V) N t i EP o � w SUBJECT SITE & q i Ai z q 0 o A•5 U p RC 1 1 q A EP 1 & PERRLESTC A ROAD Ml 0 250 500 Mo Former Township of DARLINGTON 500® y i r.. 1�. r �f ��4