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HomeMy WebLinkAboutP-103-79 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D. N. Smith ,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1.10 TEL. (416)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF July 5, 1979. REPORT NO. : P-103-79 SUBJECT: Application for Amendment to By-law 2111 - former Township of Darlington, Part Lot 15, Concession 1, -- H. Locke BACKGROUND: The above mentioned rezoning application was submitted to the Town of Newcastle in November of 1978. The applicant is requesting that an irregularly shaped parcel of 9.1 acres be rezoned from 'A'-- Agricultural to permit the "storage and retail sale of new and used furniture from a barn on the subject property." (-Map attached-) . The 'A' -- Agricultural zoning on the property approved in the early 1960's by the Ontario Municipal Board does not permit commercial uses. According to the application submitted, the applicant began storing furniture in the barn on the property in September, 1977. In May of 1978, the first "sales" took place on the subject property. At that time, an illegal sign was displayed. The owner was subsequently given written notice of the violation in respect of the sign and zoning. cl f I '�� 1J V - 2 - In December of 1978 the rezoning application was circulated to the following agencies/departments and the following comments were received: 1. Durham Regional Planning and Works "The designation of the subject site in the Durham Regional Official Plan has been "Deferred" and shown on Schedule A5 as D23. Regional Council, however, has adopted Modification No. 52 to the Durham Regional Official Plan and has forwarded it to the Ministry of Housing for approval. The subject site has been desig- nated "Residential" in the modification. A commercial use of the type proposed is not permitted. Policies in the Plan, however, would allow Councils of area municipalities to zone to permit the continuation, expansion or enlargement of existing uses provided that such existing uses have no adverse effect on the present uses of the surrounding lands or the implementation of the provisions of the Durham Regional Official Plan. Modification No. 52 has not, as yet, been dealt with by the Minister. In addition, we note that the subject site is designated "Agricultural" in the Official Plan for the former Township of Darlington. Grouped highway commercial uses, and com- mercial uses related to the farming community are permitted. Proposal does not appear to conform. With respect to the servicing of the subject site, we would have no objection to the provision of services by private well and septic tank subject to the approval of the appropriate authorities. The Region has no plans, at the present time, to extend piped municipal services to this location." 2. Durham Health Unit The Regional Health Unit offers no objection to the appli- cation, subject to the private sewage disposal system meeting all current requirements. 3. Ontario Hydro No objection. 4. Newcastle Works Department No comment. 3 - 5. Newcastle Building Department "The storage and sale of furniture from the property, known as the 'Bargain Barn' located in Part lot 15, Concession 1, former Township of Darlington, was in operation in May, 1978. At that time an illegal sign was displayed on the building. The owner was subsequently given written notice of the violation with respect to the sign and zoning. On December 19, 1978 an 'Order to Comply' was issued regarding the sign. The use of a barn for storage purposes does not neces- sarily detract from the amenity of a neighbourhood, however, a commercial use is a different matter. It appears to be more common, as assurance to rezoning to establish an illegal use, then apply for rezoning." 6. Newcastle Fire Department No objections to the application for rezoning. The following information and comments provided: "I. Fire alarm system required. 2. Occupancy capacity of building to be determined. 3. At present, there is no existing water supply for fire protection (would require use of tankers) . 4. Would require necessary exterior exists, emergency lighting, exit signs. 5. Would require portable fire extinguishers. I 6. Interior finish should have a flame spread rating of not more than 150." COMMENT: Staff have reviewed the application, inspected the subject site and are of the opinion that approval may be given to the rezoning request under certain circumstances. As noted in the comments received from Regional Planning, that upon approval of Modification 52 to the Regional Plan, the site will be designated residential, no commercial use of the type proposed would be permitted. Area municipalities may - 4 - zone to permit the continuation, expansion or enlargement of existing uses provided that such existing uses have no adverse effect on the present uses of the surrounding lands or the implementation of the provisions of the Durham Regional Official Plan. It is staff's understanding that an existing use may be recognized provided that it is a legal non-conforming use at the time of rezoning. Any commercial use of the site is now illegal. Staff feel that it would be appropriate, therefore, for the applicant to request a change to Modification 52 prior to Ministerial approval or for the applicant to file an Official Plan Amendment appli- cation with Regional Planning and Development. In respect of the actual site, staff feel that a commercial use might be appropriate provided that access is limited to old Highway Number 2 and that appropriate site design and building standards can be met. Staff, therefore, request that detailed site plans be submitted, and note that provided the site plans are appropriate a development agreement would be required. Staff also feel that it would be appropriate for a public meeting to be held on the proposal at such time as detailed site plans have been submitted and reviewed. RECOMIENDATION: That the Planning and Development Committee recommend to Council: 1. This report be received for information. Respectfully submitted, DNS:lb D. N. Smith, M.C.I.P. Director of Planning r M C ; C- rTl r71 0 C—°-lJL l—B-eJ dtee�1�n 0-f..B an-villp nrul TI