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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 APRIL 5th, 1983
REPORT NO. : PD-56-83
SUBJECT: APPLICATION FOR REZONING - RONALD
AND RITA COTTRILI_ (APPLICANTS)
PART OF LOT 21 , CONCESSION 2, FORMER
TOWNSHIP OF DARLINGTON, TOWN OF NEWCASTLE
OUR FILE: DEV 82-39
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following:
1 . That Report PD-56-83 be received; and
2. That application for rezoning, DEV 82-39, in
respect of Ronald and Rita Cottrill be
approved; and
* 3. That the attached By-law to amend By-law 2.111,
as amended, be forwarded to Council for
approval .
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Report No: PD-56-83 ... . ./2
BACKGROUND:
In December of 1982, the Town received an application for
rezoning, submitted on behalf of Mr. and Mrs. Cottrill , to
amend Zoning By-law 2111 , as amended. The proposed rezoning
would recognize the existing farm produce sales outlet;
permit an expansion thereto, and permit the operation of
same on a year-round basis.
COMMENTS:
In accordance with Departmental procedures, the subject
proposal was circulated to a number of Departments and
agencies to obtain their input. The majority of the
comments received did not identify any major objections to
the application, but did highlight concerns related to the
site plan which will be dealt with through the site plan
approval process. The site plan application is presently
under review by Town staff.
Region of Durham - Planning Department
March 3rd-, 1983
Furt er to your request for comments , we note that the site
is designated "Major Open Space", in the Durham Region
Official Plan. The proposed produce sales outlet is not a
permitted use within this designation. However, you may
wish to review the proposal within the context of Section
8.3.22 of the Durham Plan which states that :
. . without the necessity of an amendment to this Plan,
an existing commercial strip within or outside an urban area
may be allowed to consolidate into a node, provided such
node is developed in accordance with good urban design
principles and with common internal traffic circulation ,
ingress and egress for traffic, and access for arterial
roads only by service lanes or collector road" . . .
Since we understand that there is an existing seasonal
commercial operation on site, you may also wish to consider
the applicability of Section 16.6.5 of the Durham Plan which
allows for the continuation, expansion or enlargement of
existing non-conforming uses."
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Report No: PD-56-83 .. . . ./3
Town of Newcastle - Fire Department
"The Fire Department has no objections to the proposed
application. I would bring to your attention the following
comments.
1 . The location of the building and parking area in
relation -to the proposed width of Highway 2.
2. Have a clear driveway width of six metres 'to access for
Fire Department equipment."
Region of Durham - Health Unit
"This Health Unit would have no objections to the above
proposal ."
Town of Newcastle - Building Department
"No objections to the proposed application. "
Ontario Hydro
"We have no objection to the proposed application , and
confirm that a supply of electrical power will be available
to the occupant of the property concerned when required."
Staff would note, for the Committee's consideration and
information, that the Ministry of Transportation and
Communications was circulated to for their input. It is
anticipated that any comments this agency may wish to submit
would be of a site plan nature, and therefore be dealt with
at such time as the site plan agreement is finalized.
Staff acknowledges the comments and concerns as raised by
the Region of Durham Planning Department. Following their
review of the application, it is staff's opinion that the
provisions of Section 16.6.5 within the Durham Official Plan
which allows for the continuation, expansion or enlargement
of existing non-conforming uses would be applicable in this
instance. As such, the attached by-law amendment has been
prepared to reflect this interpretation.
Report No: PD-56-83 . .. . ./4
The attached by-law amendment would amend the Agricultural
provisions of the Darlington Zoning By-law insofar as it
affects the property by permitting the farm produce sales
outlet to increase its operation to a year-round basis. The
present provisions would permit such a use, however for
"seasonal use only". Staff have not attempted to amend the
requirements which would "position" the use on the site, as
it is felt the existing set-backs, etc. would sufficiently
monitor the development of the site.
In light of the above comments and concerns as raised
through the circulation of this application, staff would
have no objections to the approval of the by-law amendment
as attached.
Respec u itted,
T. T. Edwards, M.C.I .P.
Director of Planning
LDT*TTE*mjc
March 23, 1983
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THE CORPORATION OF THE TOWN OF NEWCASTLE `
BY-LAW NUMBER 83- 58
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being a 8y-law to amend By-law Number 2111, as amended, of the former
Township of Darlington, 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 Number 2111, as amended,
of the former Township of Darlington, pursuant to the provisions of
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: !
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1. Section 13 of By-law 2111, as amended, is hereby further amended
by adding thereto the following subsection (ss):
"(ss) Part of Lot 21 , Concession 2 '
In addition to the provisions of Section 11(a) relating to
uses permitted in an Agricultural "A" Zone, that portion of
Lot 21 , Concession 2, designated "SPECIAL PROVISION BY-LAW
83- " on the attached Schedule "A" hereto may be used for
a farm produce sales outlet on a year-round basis. "
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2. Schedule "A" to By-law 2111 , as amended, is hereby further
amended by changing to "SPECIAL PROVISION BY-LAW 83-58 " the zone
designation of the lands designated "SPECIAL PROVISION BY-LAW 83-58 "
on the attached Schedule "X" hereto.
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3. Schedule I" attached hereto shall form part of this By-law. r
4. This By-law shall come into effect on the date hereof, subject
to the provisions of Section 39(11) of the Planning Act,
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BY-LAW read a first time this 11th day of April 1983
BY-LAW read a second time this 11th day of April 1983
BY LAW read a third time and finally passed this 11th day of
April 1983
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MAYOR
CLERK
THIS IS SCHEDULE Y TO BY-LAW 83- 58 ,
PASSED THIS utn DAY OF Awrii A.D. 1983. I
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BY-LAW 83- 0 10 20 40m
D.W. Oakes,Clerk 10 5
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