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HomeMy WebLinkAboutP-221-79CORPORATION 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 DECEMBER 20, 1979. REPORT NO.: P-221-79 SUBJECT: Objections to By-law 79-106 (Brunhilde Schweizer) Part of Lot 15, Concession 2, former Township of Clarke) Our File Z -A-3-2-3 BACKGROUND: By-law 79-106, which was approved by Council on October 9, 1979, amends the Restricted Area (Zoning) By-law of the former Town- ship of Clarke by changing the zone designation of Part of Lot 15, Concession 2, from "Agriculture" to "HC -3" to permit the use of the land for; a single family dwelling, commercial nursery and accessory landscaping business, and a sales and service outlet for small engines and snowmobiles. The By-law precludes the outside storage of goods, materials or equipment on the site, requiring instead that these items be displayed or stored inside a building. In accordance with the Ontario Municipal Boards Revised Rules of Procedure, the By-law was circulated to owners of property within 400 feet of the lands to be rezoned. The two attached letters of objection were received by the Clerk within the time allotted for - 2 - objections. According to the Revised Rules of Procedure, Council must review any objections to a By-law and forward a copy of its position in respect of these objections to the Ontario Municipal Board. The Rules of Procedure do not require Council to forward reasons to support its position. COMMENTS: The objections to the By-law are based on the assumption that the local market cannot support an additional landscaping busi- ness and small engine repair business. (It is noted that both of the objectors presently operate similar commercial uses in the immediate area.) Other concerns of the objectors include the inadequacy of the present access to the site from Highway 2 and the fact that the appli- cant is presently selling snowmobiles, used cars and trucks and lawnmowers on the lot. We note that the By-law Enforcement Officer has alreadybeen notified of this By-law violation and has ordered the applicant to cease and desist this operation (by December 10, 1979.) The matter of access can be resolved at the time the site plan agreement in respect of the subject lands is finalized. At the discretion of Council, By-law 79-106 may be repealed or amended to accommodate the concerns expressed by the objectors. Alterna- tively, Council may advise the Ontario Municipal Board that it wishes to proceed with By-law 79-106. Based on the nature of the objections filed, it would be appropriate for Council to forward By-law 79-106 to the Ontario Municipal Board for consideration. - 3 - RECOMMENDATION: It is respectfully recommended: 1. That the Ontario Municipal Board be advised that the Council of the Corporation of the Town of Newcastle has reviewed By-law 79-106 in light of the objections filed, and that Council wishes to proceed with By-law 79-106. Respectfully submitted, NJF:lb D. N. Smith, M.C.I.P. December 5, 1979 Director of Planning IN '1111: MA`I" NIt 01" AN /11 PLICA'1.'JON FOR APPROVAL OF BY-LAW NO. 79-106 PASSED BY THE COUNCIL OF TllE CORPORA1,9-0N OV 'I HN '.TOWN 01" NI'MCASTLE ON THE 9TH DAY OF OCTOBER, 1979, PURSUANT TO THE PROVISIONS OF SECTION 35 OF THE PLANNING ACT. TO THE CLERK OF THE TOWN OF NEWCASTLE: TAKE NOTICE that the undersigned, Dick Vanderstoop, hereby objects to the approval of that portion of the above by --law which would permit the use of part of Lot 15, Con- cession 2 of the former Township of Clarke as a commercial nursery and accessory landscaping business, for the reasons following: 1. The lands to be rezoned are located approximately 300 feet east of my property, on which I presently operate a commercial nursery business. 2. Approval of by-law No. 79-106 would permit a second commercial nursery in the immediate area. 3. Nursery business in the immediate area is inadequate to support two commercially operated nurseries. DATED at the Town of Newcastle, this 20th day of November, 1979: 1 � DICK VANDERST OOP. The Corporation of the town of Necastle Re: By Law 79-106 Notice of objection November 22 1979 Objection is hereby lodged against By Law 79-I06 on the Grounds that the Newcastle area as it is now cannot support I1 a second landscaping business. 21 a second small engine repair business Both of these type of business enterprises are now fully serving the community, both within a half kilometer of proposed By Law. For the past year the yard (of proposed By Law) has already been transformed to a lot for used snow machines, used cars or trucks, and lawn mowers, all this onpropert,y not sanctioned for this use.The clause prohibiting the outside storage of goods, materials, or equipment is already widely abused. We further feel that exits off and on the property are in their present condition, a factor on highway traffic in the area. PH. Rienstra Garage R,R, 2 Newcastle Ont. LOA IHO 416 786 2424 l I ECE'VE® NOV 26 1979 TOWN Or H-V/CASTLE iU p,a- V-1 December 13, 1979 Planning & Development Committee HAMPTON, Ontario LOB 1J0 Dear Sirs: RE: By -Law No. 79-106 With respect to this matter, I would request the Committee to re -consider the paragraph relating to no goods, materials or equipment being stored outside. The type of business desired to be carried on by me is the sale of nursery stock and accessories as well as snowmobiles, lawnmowers and other small engine equipment. As you may appreciate, these items are not easily transportable and I believe that not being able to display the items for sale would be restrictive and, in fact, prohibitive to the busi- ness desired to be carried on. As well, nursery stock can- not survive indoors. I would therefore appreciate the Committee considering the removal of this paragraph from the By -Law. Yours very truly, BRUNHILDE SCHWIEZER RR #2 Newcastle, Ontario