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Home My WebLink AboutPD-145-83 4 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB UO TEL.(416)263.2231 I REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF OCTOBER 17, 1983 REPORT NO. : PD-145-83 i SUBJECT: APPLICATION FOR REZONING - D. IBBOTSON PART OF LOT 17, CONCESSION 2 GEOGRAPHIC TOWNSHIP OF CLARKE - FILE: DEV 83-9 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-135-83 be received; and 2. That Report PD-145-83 be received; and 3. That Rezoning Application DEV 83-9 submitted by Mr. D. Ibbotson be tabled pending an application for Official Plan Amendment. i i ' ()j� i ti� REPORT NO. : PD-145-83 Page 2 BACKGROUND: On September 19, 1983 the General Purpose and Administration Committee considered Staff Report PD-135-83 in respect of an application for rezoning. Said report indicated that due to a lack of conformity with the Regional Official Plan, we were unable to recommend approval of the rezoning application. As a result of Council 's consideration, the matter was tabled pending a meeting between the area Councillors, the Planning Liaison Committee member and staff. On September 27, 1983 staff met with Councillors Hubbard, Hamre, Woodyard and Mayor Rickard to discuss the subject application. As a result of that meeting, it was a concensus of the Councillors present that they would have no objection to the proposed rezoning subject to an amendment to the Durham Regional Official Plan or inclusion of the proposed use within the pending District Plan of the Town. In that regard it would be advisable for Mr. Ibbotson to submit an application to the Regional Municipality of Durham for an amendment, or alternatively for Council to direct staff to prepare the possible amendment to be submitted to I the Region of Durham on behalf of the Corporation of the Town of Newcastle. Such an amendment should seek to have rural and agricultural service industries included as permitted uses within the Major Open Space designation of the Regional Plan. Such an amendment would have to be general in nature, but if of concern to other Regional Municipalities, could specify that the inclusion of such uses would be at the discretion of the local Municipality and subject to the inclusion of appropriate policies within the respective District Plans. If Council wishes to proceed with an amendment on Mr. Ibbotson's behalf, a resolution to that effect should be approved. However, such an amendment .. .3/ 'a b) REPORT NO. : PD-145-83 Page 3 application would normally be the responsibility of the applicant and failing a resolution by Council to provide staff direction, we will advise Mr. Ibbotson that he will be required to submit an application to the Regional Municipality of Durham for an Official Plan Amendment. At such time as an amendment application has been dealt with, staff will bring forward a subsequent report in respect of the application for rezoning. Respectful ?99"d, .T. Edwards, M.C.I.P. irector of Planning TTE*j i p September 30, 1983 I Q CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT HAMPTON,ONTARIO LOB 1J0 T.T.EDWgRDS, P.,Director TELEL..(4(416)263.2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF SEPTEMBER 19, 1983 REPORT NO. : PD-135-83 SUBJECT: APPLICATION FOR REZONING - D. IBBOTSON PART OF LOT 17, CONCESSION 2 FORMER TOWNSHIP OF CLARKE i FILE: DEV 83-9 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 • That Report PD-135-83 be received; and 2. That rezoning application DEV 83-9 submitted by Mr. D. Ibbotson be denied without prejudice at this time; and 3• That a copy of Report PD-135-83 and Council 's decision be forwarded to the applicant and the By-law Enforcement Officer. BACKGROUND: On April 29th, 1983, Mr. D. Ibbotson submitted an application to rezone a .84 hectare (2.07 acre) parcel of land in Part Lot 17, Concession 2, former Township of Clarke from Agricultural to an appropriate designation to permit the storage and repairing of contracting equipment on site. .. .2/ i REPORT NO. : PD-135-83 Page 2 A metal shed on site is currently being used for that purpose and it was noted on the rezoning application that the shed had been established approximately three (3) months prior to the submission of the application. Staff note that a building permit had not been issued inasmuch as the building was represented as being for Agricultural purposes and was to be constructed by the applicant. In accordance with departmental procedures, the subject application was circulated to various departments and agencies for comment. The following is a summary of the comments received: Town of Newcastle Public Works Department "No objection." Town of Newcastle Fire Department "No Objection." Town of Newcastle Building Department i It appears the metal shed now on the property was erected without benefit of a permit, as building division records do not indicate a permit as having been issued to the applicant. The building does not meet yard requirements other than for a residential accessory building, and this seems unlikely because of the size and present use. The procedure in establishing a non-conforming use seems all to familiar; erect a building under the pretence of a legal use, establish the non-conforming use and then apply for rezoning. REPORT NO. : PO-135-83 Page 4 COMMENTS: An issue of concern identified through the circulation of the rezoning application relates to the existence of a metal shed currently being used for the storage and repair of contracting equipment. In correspondence to Regional Planning subsequent to the circulation of the rezoning application, Town staff requested clarification of "existing use" as used within Section 16.6.5 of the Regional Official Plan. Regional Planning staff responded that the term "existing use" refers to landuses presently located on a property and noted that the Official Plan does not specify a date of establishment in order for such uses to qualify "existing uses". However, they further noted that Section 16.6.5 is based on the asumption that existing uses which do not conform to the designations and provisions of the plan were established under the valid provision of past policies and legislation , and that illegally established uses - are not within the realm of the Official Plan policies. Regional Planning staff concluded that in cases where the legal status of an existing use is in doubt, the facts should be considered by the area municipality in its review of the rezoning application. As noted earlier in this report, the shed was erected approximately three (3) months prior to the submission of the rezoning application. Under the provisions of By-law 1592 of the former Township of Clarke, the only lands, buildings, or structures which can be used for a purpose prohibited by the by-law, are those which existed on the day of the passing of the by-law and which have continued uninterrupted since that day. Clearly, the existing metal shed does not enjoy legal non-conforming status under the provisions of By-law 1592. r / REPORT NO. : PD-135-83 Page 5 Therefore, its is respectfully recommended that rezoning application submitted by Mr. D. Ibbotson be denied without prejudice at this time and that the By-law Enforcement Officer proceed with any action necessary to ensure by-law compliance. Respec y , T.T. Edwards, M.C.I.P. Director of Planning JAS*TTE*j i p Applicant: Mr. D. Ibbotson P.O. Box 116 Newcastle, Ontario LOA 1 HO KEY MAP FORMER TOWNSHIP OF CLARKE LOT LOT 1 LOT 1 LOT LOT LOT LOT 1 LOT ( LOT LOT I 21 20 ( 19 I 18 I 17 16 1 15 I 14 I 13 12 I i I I I I I I I I I I 1 I I I I I I I I i I I i I I I F I ( I I I I I I I I I I I I I I I I I I I I I I I 0 I I I i I I I I I i I I i I I I I I I i I I I I I I I I I I I i I i i 1 I I I I 1 I i I I I I I I i i I I I I I i I I i I I ( I I I I I I I ( I ( I SUBJECT I I I I t SITE I HWY, I ° 2 I r_ I I i I I Z I I I I I i I i I I HWY I N° 401 t I I I I I 0 250 500 1000M i 500