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HomeMy WebLinkAboutPD-102-83 a � 4 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB UO TEL.(416)263.2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF JULY 4, 1983 REPORT NO. : PD-102-83 SUBJECT: APPLICATION FOR REZONING - ELVA REID PART OF LOT 14, CONCESSION 6, FORMER TOWNSHIP OF CLARKE - FILE: DEV 83-10 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-102-83 be received; and 2. That Application for rezoning DEV 83-10 be approved; and * 3. That the attached By-law 83- be forwarded to Council for approval ; and 4. That the applicant be advised that prior to the issuance of a building permit, the Durham Regional Health Unit requires the submission of three (3) copies of the floor plan for the proposed snack bar, together with a schedule of finishing materials and equipment, for their approval . 51 >' - Report No: PD-102-83 .. ./2 BACKGROUND: The subject application for rezoning requests an amendment to Zoning By-law 1592, as amended, of the former Township of Clarke to rezone a 4.0 hectare (10.0 acre) parcel of land located in Part of Lot 14, Concession 6, former Township of Clarke. The applicant is requesting a rezoning in order to permit the expansion and enlargement of an existing shop presently being used for the retail sales of antiques and handicrafts, and, to include ancillary uses being a tea room or tea garden, a business office, and, a snack bar. The subject lands are designated "Major Open Space - Oak Ridges Moraine" by the Region of Durham Official Plan. Generally commercial uses are not permitted under this type of landuse designation. However, Section 16.6.5 of the Regional Plan would permit Council to rezone to permit the continuation, expansion or enlargement of existing uses provided that such uses have no adverse effect on the abutting lands. In that regard, the proposal would appear to conform with this policy of the Regional Plan. The site is presently zoned "A-4 Agricultural subject to Special Provision 4" by Zoning By-law 1592, as amended, of the former Township of Clarke. The subject property was previously rezoned in 1974 by By-law 74-74 permitting the use of the lands for the purpose of retail sales of antiques and handicrafts. However, at the present time, the applicant is planning to enlarge the existing facilities and therefore has requested a Special Condition zoning to allow for the proposed expansion. Report No: PO-102-83 . . ./3 In accordance with Departmental procedures, the subject application was circulated to various departments and agencies for comment. The following is a list of the comments received. Durham Regional Planning Department Further to your request tor comments, we note that the site is designated "Major Open Space - Oak Ridges Moraine" in the Durham Regional Official Plan. Commercial uses are generally not permitted within this designation. However, Section 16.6.5 of the Durham Plan states that : ". .. this plan is not intended necessarily to prevent the continuation, expansion, or enlargement of existing uses which do not conform to the designations and provisions of this plan. At their discretion, the Council of the area Municipalities may 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 this Plan. Each case will be considered on its own merits by the Council of the respective area municipality or the authority having jurisdiction." In the event that you are recommending approval of the subject application, we respectfully request that a clause be included in the amending by-law to indicate that the permitted commercial uses are existing uses and ancillary facilities." Durham Regional Works Department "Municipal water supply and sanitary sewer services are not available to the site. Accordingly, comments should be obtained from the Durham Regional Health Unit regarding the adequacy of private services on the property. With respect to the abutting Regional Road No. 9, we have no objection to the proposed development. However, if a new access or a modification to the existing driveway is proposed, we would request that the applicant be advised to contact the Durham Works Department to obtain the necessary approvals." i i i I i I i Report No: PD-102-83 .. ./4 Durham Regional Health Unit We have no objection to this rezoning with the understanding that this department will be provided with three (3) copies of the floor plan for the proposed snack bar, along with a schedule of finishing material and equipment prior to construction of the snack bar." Town of Newcastle Fire Department "The Fire Department has no o jection to the proposed application for rezoning. The proposed expansion of the building is to be in accordance to Building and Occupancy Fire Safety Standards - Occupancy E." Town of Newcastle Public Works No objection" Town of Newcastle Building Department "no objection" i COMMENTS: Staff have reviewed the subject application for rezoning submitted by Elva Reid, and note that the proposal consists of the reconstruction and minor expansion of an existing shop, which is being used for the retail sales of antiques and handicrafts. In addition, the applicant is proposing to include a tea room, tea garden, a business office and snack bar for customers visiting this facility. In that regard, i since the request would not conflict with Section 16.6.5 of the Regional Plan, which permits the expansion or enlargement of existing uses, staff would have no objection to the approval of this application. With respect to the comments from the Durham Regional Health Unit , we note that since the preparation of food will be included within this retail shop, the applicant will be required to submit copies of the floor plan for the area where the snack bar is located, together with the schedule of finishing material and equipment for this particular area of the shop. Report No: PD-102-83 . . ./5 Therefore, since there were no major objections to this proposal , it would be appropriate to forward the attached By-law to Council for their consideration and subsequent recommendation. Respec ul y submitted, �r T. 'T. Edwards, M.C. I.P. 1 Director of Planning EP*TTE*mjc June 21, 1983 Applicant: Elva Reid R.R. # 1 KENDAL, Ontario LOA lEO i i I I