The URL can be used to link to this page

Home My WebLink AboutP-212-79REPORT TO PLANNING AND DEVELOPMENT COMMITTEE MEETING OF NOVEMBER 22, 1979. Report No: P-212-79 SUBJECT: Application for Rezoning Number Z -A-1-2-5; Part of Lot 23, Broken Front Concession, former Township of Darlington; Wm. Bennett. BACKGROUND: The subject application requests an amendment to the Restricted Area (Zoning) By-law of the former Township of Darlington to permit the establishment of an industrial home occupation on a 30,000 square foot site in part of Lot 23, Broken Front Concession, former Township of Darlington. The applicant wishes to fabricate floor clocks and clock kits which would be sold directly to a distributor in Toronto. The site is designated "Major Open Space" in the Durham Official Plan. We have been advised by the Durham Planning Department that: "The subject lands are designated "Major Open Space System" in the Durham Regional Official Plan. Policies in the Plan permit limited residential development under certain conditions and allows for the recognition of existing residential uses. In addition, policies related to lands designated for residen- tial purposes allow certain home occupation uses that are compatible with their surroundings. In this regard, it would appear that home occupation uses are permitted in conjunction with conforming residential uses in the Major Open Space designation." The site is zoned "Agriculture" in the Darlington Zoning By-law. A home industrial use, as proposed, is not a permitted use in this zone. It is suggested that, if the application for rezoning were ranted the application of a special ` granted, pp p provision to the site would be appropriate. f l v � 2. In accordance with normal procedures, the application was circulated to affected agencies for comments. Their comments are summarized below: Durham Planning and Works Departments: "With respect to Regional services, be advised that municipal water and sewer services are not available and the Region has not plans to extend services into this area." (The Regions comments in respect of the conformity of the subject application with the policies of the Durham Official Plan have already been cited.) Durham Health Unit: - no objection Ontario Hydro: - no objection Newcastle Works Department: - No comment Newcastle Building Department: - No comment Newcastle Fire Department: - no objection Long Range Planner:- no objection COMMENTS: The Durham Official Plan permits the establishment of home occupation uses, which are compatible with their surroundings, in residential areas. A home occupation use is generally conducted within a dwelling unit and is clearly secondary to the residential use of the lot, in that the scale of the operation is limited both by maximum floor area requirements and the fact that employment therein is restricted to persons residing on the lot. In addition, home occupation uses should be limited to those which will not conflict with the character of the area or surrounding land uses. 3. The subject application proposes a small woodworking shop on the site. Although home occupation uses are generally located within single family dwellings, the nature of the proposed use would obviate this possibility. However, if the application were approved, the shop would be re- stricted in size both by maximum floor area requirements and by a restriction that restricts employment on the lot to those residing on the lot. We have been advised by the applicant that there will be no external storage of materials on the site, and that the clocks pro- duced on the site will be delivered to a wholesaler in Toronto approx- imately once a month. It is our opinion that the proposed use of the land would comply with the Durham Official Plan and would not be detrimental to surrounding land uses, provided that adequate controls were included in the amending by-law For this reason, we have no objection to the approval of this application. RECOMMENDATION: Is is respectfully recommended: 1. THAT application for Rezoning Number Z -A-1-2-5 be approved; and 2. THAT the attached By-law 79- be forwarded to Council for consideration. DNS/cc Respectfully submitted, aq*t - D. N. Smith, M.C.I.P. Director of Planning T111: CORPORA'T'ION O} '1'111: TOWN OF NEWCASTLE By-law Number 79-138 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 'T11FREFORL 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 "t" "(t) fart of Lot 23, Broken front Concession Notwithstanding any provision of this By-law to the con - Crary, that portion of Lot 23, Broken I�ront Concession t'� k designated "SPECIAL PROVLSIUN B1' -LAW 7933 "on the attached Schedule "A" hereto may be used for the purposes of a single family dwelling, and uses, buildings and structures accessory thereto, and a woodworking shop provided that no person, other than those residing on the lands subject to this Special Pro- vision, shall be employed in the said woodworking shop, and provided further that no building or structure may be erected, altered, or used on the lands except in accordance with the following provisions: - 2 - (a) DEFINITIONS For the purposes of this SPECIAL PROVISION, i) "WOODWORKING SHOP" shall mean a building where cabinets for clocks and clock kits are manufact- ured from wood. ii) "YARD" shall mean a space appurtenant to a building, structure or excavation, which space is open, uncov- ered and unoccupied from the ground to the sky, except for such buildings, structures or uses as are specif- ically permitted by this SPECIAL PROVISION. iii) "YARD, FRONT" shall mean a yard located between the front lot line and the nearest part of the building or structure for which such yard is required. iv) "YARD, SIDE" shall mean a yard located between the side lot line and the nearest part of the building or structure for which such yard is required. v) "YARD, REAR" shall mean a yard located between the rear lot line and the nearest part of the building or structure for which such yard is required. (b) ZONE PROVISIONS i) Residential Uses In accordance with the provisions of this By-law for tho Agriculture (A) Zone. ii) Non -Residential Uses (a) Lot Frontage (minimum) 45 metres (b) Lot Area (minimum) .25 ha (c) Front Yard (minimum) 38 metres (d) Side Yard (minimum) 7.5 metres (e) Rear Yard (minimum) 7.5 metres (f) Gross Floor Area (maximum) 186 square metres (g) Building Height (maximum) 6.5 metres" 2. Schedule "A" to By-law Number 2111, as amended, is hereby further amended by changing to SPECIAL PROVISION BY-LAW 79- the zone designation of the lands indicated as "SPECIAL PROVISION BY-LAW 79-1?V' on the attached Schedule "X" hereto. 3. This By-law shall become effective on the date hereof, sub- ject to the provisions of Section 35(10) of the Planning Act. BY-LAW READ a first time this 3rd day of December A.D. 1979. BY-LAW READ a second time this 3rd day of December A.D. 1979. BY-LAW READ a third time and finally passed this 3rd day of December A.D. 1979. G. B. RICKARD, Mayor (seal) J. M. McILROY, Clerk THIS IS SCHEDULE ')(' TO BY-LAW 79 --.Lm-, PASSED THIS DAY 017-L��- 2A. D. 1979. SPECIAL PROVISION BY-LAW 79-W z 0 z n u- 0 0 w 2 rr 0 u - G. B.Rlckard, Mayor J.M.Mc I I roy , Cjerh --- . . .. -- --- j