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Home My WebLink AboutPD-50-83 4 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL.(416)263.2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MARCH 21st , 1983 REPORT NO. : PD-50-83 SUBJECT: APPLICATION FOR REZONING Z-A-3-9-3 PART OF LOT 28, CONCESSION 5, FORMER TOWNSHIP OF CLARKE - MRS. YVONNE TRAFFORD RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-59-83 be received; and 2. That application for rezoning Z-A-3-9-3 be approved ; and * 3. That the attached amendment to By-law 1592, as i amended, be forwarded to Council for approval . BACKGROUND: The subject application for rezoning requests an amendment to Restricted Area (Zoning) By-law 1592, as amended, of the former Township of Clarke to rezone an 808.2 square metre (8,700 square feet) parcel of land located on the north-east corner of Rowe Street and Station Street within the Hamlet of Orono. The applicant intends to rezone the subject property in order to establish a home occupation consisting of the sale of crafts from the existing residence located on this site. Report No: PD-50-83 . . ./2 The site is located within the "Hamlet" of Orono as designated by the Region of Durham Official Plan. Section 10.4.1 .1 . of the Plan would permit home occupation uses, i subject to the inclusion of appropriate requirements in the zoning by-law. Therefore, the proposal would conform with the policies of the Official Plan. The subject lands are presently zoned "R1 Residential " by Restricted Area (Zoning) By-law 1592, as amended, of the former Township of Clarke. The proposed by-law would apply a Special Provision to this site in order to allow the home occupation use. In accordance with Departmental procedures , the subject application was circulated to various departments and agencies for comment. The following is a list of the comments received: The Region of Durham Planning Department "The subject site is located within Orono, a hamlet designated in the Durham Regional Official Plan. Section 10.4.1 .1 provides that "home occupation uses . . . may . be allowed, subject to the inclusion of appropriate requirements in the respective zoning by-law. The proposed home occupation for the sale of crafts appears to conform to the Durham Plan." The Region of Durham Public Works Department "With respect to Regional services , municipal water is available to the site. There are no sanitary sewers within the Hamlet of Orono, however, the Regional Health Unit has indicated that they had no objection to the proposal . Due to the commercial nature of the proposal , there are no financial implications with respect to the development policies." The Region of Durham Health Unit "no objection" Report No: PD-50-83 . . ./3 The Ministry of Transportation and Communications "Would have no objection provided that the applicant continues to use existing access on to Rowe Street. The Ministry would not approve an access onto the Highway 35 and 115." The Town of Newcastle Public Works Department "We have reviewed the above-mentioned application, and find we have no objection to this rezoning as submitted, provided, that since Rowe Street has a narrow top width of R.O.W. (approx. 40 feet) , no on-street parking is available. Therefore, parking should be considered as an on-site function. In addition, the existing entrance may necessitate improvements (in accordance with our entranceway policy) to accommodate the on-site parking requirements." The Town of Newcastle Building Department "No comment other than to request that if rezoning is approved that the applicant be advised to contact Building Division regarding a possible building permit prior to any construction or change of occupancy taking place." The Town of Newcastle Fire Department "The fire department has no objection to the proposed application. Craft shop has an occupational classification of Group E. This will require a fire safety inspection to include portable fire extinguishers and required exits." COMMENTS: Staff have reviewed the application submitted by Mrs. Trafford and note that the proposed use is to be confined to one area of the existing dwelling, and therefore is considered as a home occupation. In that regard, since the proposed use conforms with the applicable policies of the Regional Plan, and, due to the fact that there were no major concerns expressed through the circulation of this application, staff would have no objection to the requested zone change. Report No: PD-50-83 . . ./4 Staff acknowledge the comments from the Newcastle Works Department concerning parking on Rowe Street, however we would note that due to the size of the proposed retail operation, staff do not anticipate a large volume of traffic for this location. However, the applicant is required to provide on-site parking for potential customers in accordance with By-law 1592, and should changes to the entrance be necessitated they must conform to the Town ' s entrance-way policies. Staff would note, for Committee's information, that in accordance with Council 's resolution of July 26, 1982, the appropriate signage was posted on site identifying the requested amendment. No objections to same have been received by staff to date. Respec full matted, T. T. Edwards, M.C. I.P. Director of Planning P*TTE*mjc anuary 28, 1983 /Applicant: Mrs. Yvonne Trafford Rowe Street, Orono Ontario i i THE CORPORATION OF THE TOWN OF NEWCASTLE. ii BY-LAW NUMBER 83- b2 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 By-law 1592, as amended, of the former Township of Clarke. t} NOW, THEREFORE, the Council of the Corporation of the Town of Newcastle enacts as follows: 3 1. Section 4.3 of By-law 1592, as amended, is hereby further amended by adding thereto the following subsection (c): "(c) RI-3 - Part of Lot 28, Concession 5 s Notwithstanding any provisions of this By-law to the contrary, that part of Lot 28, Concession 5, designated "RI-3" on Schedule "A" hereto shall be used only for the purpose of a single family dwelling and a retail store for the sale of gifts and crafts subject to the following: 1 ) no person other than persons residing in the single family dwelling on the lot shall be employed in the said retail store; 2) twenty-eight percent (28%) of the area of the dwelling unit to a maximum of 23 m2 may be used for the said retail store; 3) there shall be no advertising except in compliance with the Town of Newcastle Sign By-law 76-25, as amended; 4) there shall be no external storage of goods or materials on the lands so designated; (� 5) there shall be no mechanical or other equipment used except that which is customarily employed in dwellings for domestic or household purposes; and } 6) the lands so designated shall be used in accordance with the provisions of this subsection. 7) In the event that there is any conflict between the provisions of this SPECIAL PROVISION and any other provision of 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 shall apply. ZONE PROVISIONS (a) Lot Frontage (minimum) 17.5 metres (b) Lot Area (minimum) 808.2 square metres (c) Front Yard (minimum) 6.0 metres (d Side Yard (minimum) 2.0 metres (e� Rear Yard (minimum) 7.6 metres 2. Schedule "A" to By-law Number 1592, as amended, is hereby further amended by changing to R1-3 the zone designation of the lands indicated as "ZONE CHANGE TO Rl-3" on the attached Schedule "X" hereto. 3. This By-law shall come into effect on the date hereof, subject to the provisions of Section 39(11) of the Planning Act. BY-LAW read a first time this P8th day of March 1983 BY-LAW read a second time this 28th day of March 1983 BY-LAW read a third time and finally passed this 28th day of March 1983 MAYOR CLERK i _ e:,.. __. . . _. ...._... THIS IS SCHEDULE Y TO 8Y-LAW 83- PASSED THIS 28th DAY OF March A.D. 19$3. N71°4WE 23.171m 4 E `1 E E can I„ F1 w K a 1- ?a :I i� M } S w }' T'VI s Q /0 o M 3 xl �G o o ° z S °_' z oo N \A•AO\m 1p.�s�ss N52°\6E ( SEAL ) ZONE CHANGE TO ® SPECIAL PROVISION R1-3 G.B.Rickard,Mayor -r` 5 0 5 10 20m s D.W Oakes,Clerk 5 1 1 KEY MAP FORMER TOWNSHIP OF CLARKE 1:25 000 LOT I LOT LOT LOT LOT LOT I LOT I LOT LOT L LOT 32 I 31 30 i 29 28 27 ( 26 I 25 r►F 2 I 2 22 I I I I ORONO I0' I I Z a I O o SUBJECT o� SIT I s l 1 JL- • , , 1 I I I L o