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HomeMy WebLinkAboutP-175-79CORPORATION 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 OF October 1, 1979. REPORT NO.: P-175-79 SUBJECT: Application for Rezoning Number Z -A-1-16-1 Part of Lots 32 and 33, Concession 8, former Township of Darlington - Salvatore Roti RA ('K(_R nTTMn - The subject application requests an amendment to the Darlington Zoning By-law for a portion of a 71.0 hectare (175 acre) parcel of land in part of Lots 32 and 33, Concession 8, former Township of Darl- ington. The applicant proposes to build and operate a "cheese factory" on his property. The site is designated "Permanent Agricultural Reserve" in the Region of Durham Official Plan. The proposed cheese factory operation is considered an agricultural use under the provisions of Section 11.2.3 of the Official Plan and would, therefore, conform with the policies of the Plan. The site is presently zoned "Agriculture" in the Darlington Zoning By-law. However, a "Special Condition" would have to be applied to this property to permit this use. t r Cr - 2 - The application was circulated to the Ministry of Agriculture and Food, Central Lake Ontario Conservation Authority, the Durham Regional Health Unit, Durham Planning Department and Durham Works, Newcastle Fire Department, Newcastle Building Department, Newcastle Public Works Department, and Ontario Hydro for comment. The Durham Planning and Works Departments submitted the following comments: "The subject lands are designated "Permanent Agricultural Reserve" in the Durham Regional Official Plan. The pre- sence of hazard lands is indicated on a portion of the site. The Plan permits the use of lands, buildings or structures for agriculture and farm -related uses including dairy animals and dairy products. Proposal conforms. With respect to Regional services, sanitary sewer and water supply services are not available to the subject lands and there are no plans to extend services to this particular area. Due to the commercial/industrial nature of this proposal, there are no financial planning impli- cations with respect to the current development policies of the Regional Municipality of Durham." The Durham Health Unit provided the following comment: "Further to this application, please be advised that the Durham Regional health Unit offers no objection to the rezoning, provided that plans are submitted for a sewage disposal system which meets with the approval of the Ministry of Environment, as well as the Durham Regional Health Unit." The Central Lake Ontario Conservation Authority submitted the following: "The sketch accompanying the rezoning application appears to indicate that a majority of lots 32 and 33 are to be sub- ject to a special provision to permit the construction of a cheese factory and the production of agricultural dairy products. We are not in favour of the entire area shown on the referred to sketch being rezoned to permit the said activities since portions of lots 32 and 33 are flood susceptible ments: - 3 - and/or indicated highly sensitive in the Authority's sensitive areas report. The Authority would, however, have no objection to the rezoning of the lands shown as "proposed cheese factory" on the submitted drawing." The Newcastle Building Department submitted the following com- "The proposed use is more industrial than agricultural and construction requirements for the building would fall under an industrial classification." The following agencies had no objection to the proposed rezoning: Newcastle Fire Department i Newcastle Works Department Ontario Hydro Ministry of Agriculture and Food. COMMENTS: Since the use proposed appears to be related to an agricultural operation and would appear to conform to the policies of the Durham Official Plan, we would have no objection to the subject application for rezoning. However, because this area primarily consists of rural uses, we would prefer to minimize the scale of this development and to take into consideration the Central Lake Ontario Conservation Authority's concerns, and therefore suggest that only a portion of the site be rezoned. RECOMMENDATION: It is respectfully recommended: 1. That application for rezoning Number Z -A-1-16-1 be approved; 2. That the attached By-law Number 79- be forwarded to Council for approval. Respectfully submitted, 9 �� ,'� EP:lb D. N. Smith, M.C.I.P. September 21, 1979 Director of Planning THE CORPORATION OF THE TOWN OF NEWCASTLE -- BY-LAW No. 79-105 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 13 of By-law 2111, as amended, is hereby further amended by adding thereto the following subsection (s), as follows: "(s) Part of Lots 32 and 33, Concession 3 Notwithstanding any provision of this By-law to the con- tr"ry, that part of the north-east corner of lots 32 and 33, Concession 3, designated "Special Provision By-law 79-105" on the attached Schedule "A" hereto, shall be used for the pur- pose of a cheese factory, in addition to the permitted uses of the Agriculture zone, provided that no buildings or structures be erected, altered or used on the subject lands except :in accord - dance with the. Agricultural zone provisions. The following provisions will also apply to the subject lands: (i) That the cheese factory be located a minimum distance of 40.0 meters south of the existing single family dwelling. (ii) That a minimum sideyard of 42.0 meters be required from the easterly limit of the said lands to the cheese factory." - 2 - 2. Schedule "A" to By-law 2111, as amended, is hereby further amended by changing to "Special Provision By-law 79-10,', the zone designation of the lands indicated as "Zone Change to Special Provision By-law 79 10_�' on the attached Schedule "X" hereto. 3. This By-law shall become effective on the date hereof, subject to Section 35 (10) of the Planning Act. BY-LAW READ a first time this 9th day of October A.D. 1979. BY-LAW READ a second time this 9th day of October , A.D. 1979. BY-LAW READ a third time and finally passed this 9th day of October , A.D. 1979. G. B. U ckard, Mayor (seal) J. M. Mcllroy, Clerk