HomeMy WebLinkAboutP-91-79 __ (15)
CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT D. N. Smith ,M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1JO TEL. (416)263-2231
REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING Or Jung 11, 1979
REPORT NO. : P-91-79
SUBJECT: Application for Rezoning Number Z-A-1-3-3 - Part Lot 18,
Concession 2, former Township of Darlington - J. Rekker
BACKGROUND:
The subject application requests an amendment to the Darlington
Zoning By-law in respect of a portion of a 39 acre parcel of land in
part of Lot 18, Concession 2, former Township of Darlington. The appli-
cant presently operates a nursery on the property, where plait stock
grown on the site is sold.
Since the Agriculture Zone permits the growing of nursery stock,
and the sale of farm produce grown on the same lot, the existing use
complies with the provisions of the By-law. However, the By-law would
not permit the sale of materials not grown on the lot, such as peat moss,
fertilizer, potting soil, hanging baskets, and some types of plants.
Since these items are usually requested by his customers, the applicant
is requesting the rezoning of a 1.5 acre portion of the site to permit
the sale of these accessory items. The applicants wish to retain the
remaining portion of the site, where the greenhouses are located, in an
Agriculture Zone.
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OFFICIAL PLAN PROVISIONS:
The site is included within the scope of Special Study Area
13 in the Durham Official Plan. Modification Number 52 to the Plan,
which has been approved by the Region and is under review by the
Minister of Housing, designates the site "Major Open Space". Nursery
gardening is included within the permitted uses of this designation,
and the proposed rezoning will, therefore, comply with the Official
Plan if and when Modification Number 52 is approved by the Minister.
However, in any event, the proposed rezoning would comply
with the provisions of Section 16.6.5 of the Plan, which enable a
municipality to zone to permit the continuation, expansion or enlarge-
ment of an existing use.
CIRCULATION OF APPLICATION:
The application was circulated to the following agencies for
comments:
1. Durham Planning Department
2. Durham Works Department
3. Durham Health Unit
4. Bell Canada
5. Ministry of Transportation and Communication
6. Ontario Hydro
7. Newcastle Works Department
8. Newcastle Building Department
9. Newcastle Fire Department.
None of these agencies objected to the proposed rezoning.
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COMMENTS:
It is noted that the existing nursery is well maintained and
does not appear to conflict with abutting land uses. Th fact, seventeen
of the eighteen landowners within 400 feet of the subject site signed
letters in support of the application.
Since the proposed rezoning would permit the establishment of
a use which could be considered accessory to the existing nursery
operation, we would have no objection to its approval. Moreover, since
the applicant is not proposing any new buildings at this time, and because
the site is already developed as a nursery, it is the opinion of staff
that a development agreement is not required as a condition of rezoning
in this instance.
RECOMMENDATION:
It is respectfully recommended:
1. That Application for Rezoning Number Z-A-1-3-3 be approved;
and
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2. That the attached By-law 79-1 be forwarded to Council for
approval.
Respectfully submitted,
NJF:lb D. N. Smith, M.C.I.P.
May 31, 1979 Director of Planning
Encl.
THE CORPORATION OF THE
TOWN OF NEWCASTLE
By-law Number 79-55
A By-law to amend Restricted Area By-law
Number 2111, as amended, of the former
Township of Darlington.
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;
NOW THEREFORE the Council of the Corporation of the Town of Newcastle
ENACTS as follows:
1. Section 7 (d) of By-law 2111, as amended, is hereby further
amended by adding thereto the following subsection (6) :
"(6) C2-5, Part of Lot 18, Concession 2
Notwithstanding any provisions of Section 7 (a) to the
contrary, the parcel of land located in Lot 18, Concession
2 and designated C2-5 on Schedule "A" hereto shall be used
only for the purpose of a commercial nursery."
2. Key Map 23 of Schedule "A" to By-law 2111, as amended, is hereby
further amended by changing to C2-5 the zone designation of the
lands shown as "ZONE CHANGE TO C2-5" on the attached Schedule
"X" hereto.
3. This By-law shall come into effect on the date hereto, subject to
receiving the approval of the Ontario Municipal Board.
THIS BY-LAW READ a first time this 18 day of June A.D. 1979
THIS BY-LAW READ a second time this 18 day of June A.D. 1979
2
THIS BY-LAW READ a third time and finally passed, this 18 day of
June A.D. 1979
(seal) G. B. Rickard, Mayor
J. M. Mcllroy, Clerk
SCHEDULE 'A'
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ZONE CHANGE TO 'C2=5'
THIS IS SCHEDULE TO BY-LAW 79- 55
PASSED THIS 18 DAY OF June ,A.D. 1979.
(seal) G.B. RICKARD, Mayor
J.M. Mc ILROY, Clerk
SCALE I"=200`