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Home My WebLink AboutPD-34A-82 t� 5h) 4 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT HAMPTON, ONTARIO LOB 1JO TEL. (416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MARCH 22, 1982 REPORT NO. : PD-34(a)-82 (PD-34-82 REVISED) SUBJECT: APPLICATION FOR REZONING Z-A-1 -12-5 PART OF LOT 17, CONCESSION 5, FORMER TOWNSHIP OF DARLINGTON - WILLIAM WESTON RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-34(a)-82 be received; and 2. That Application for Rezoning Z-A-1-12-5 affecting part of Lot 17, Concession 5, be approved; and 3. That the attached By-law Number 82- be forwarded to Council for approval at such time as the applicant has dedicated a 4.03 metre (13.21 feet) road widening across the frontage of Ormiston Street, to the Town of Newcastle; and 4. That the Town Solicitor be authorized to initiate preparation of a reference plan and other necessary documents required to facilitate the dedication of the required road widening; and E Report No. : PD-34(a)-82 . . ./2 5. That Town staff be authorized to undertake relocation of the existing fence, and, subject to an application for access, to replace the existing entrance and culvert, all to be done at the Town's expense; and 6. That Town staff be directed to prepare an agreement between the Town and Mr. Weston for the purpose of permitting Mr. Weston to take access across Town lands, to Scugog Street in lieu of access to Ormiston or Temperance Streets. BACKGROUND: The subject application requests an amendment to Restricted Area (Zoning) By-law 2111 of the former Township of Darlington to rezone a 3164.0 square metre (34,058 square feet) parcel of land fronting on Temperance Street in the Hamlet of Hampton. The applicant intends to rezone the subject lands in order to permit continuation of a home occupation and the construction of an implement storage shed to house snow removal and gardening equipment used in conjunction with the home occupation. i The subject lands are located in the Hamlet of Hampton as designated by the Region of Durham Official Plan. Generally, uses of this nature would not be permitted within residential areas of Hamlets. However, Section 10.4.1 .1 of the Plan would allow certain home occupations, limited commercial and industrial uses, as well as farm implement dealerships which serve the surrounding agricultural area. As a result, the proposed rezoning could be considered as a home occupation and therefore the construction of an implement shed would conform with the policies of the Regional Plan. I i i Report No. : PD-34(a)-82 . . ./3 The subject lands are presently zoned "R3-Residential " by Restricted Area (Zoning) By-law 2111 , of the former Township of Darlington. The proposed By-law amendment would apply a "Special Provision" to this site in order to permit the subject home occupation uses. In accordance with Departmental procedures, the subject application has been circulated to various Departments and Agencies for comment. The following comments were received: The Durham Region Planning Department "We note that the subject site is located within Hampton, a designated Hamlet in the Durham Regional Official Plan. Section 10.4.1 .1 of the Plan stipulates that home occupation uses, limited commercial and industrial uses, as well as farm implement dealerships primarily intended to serve the immediate agricultural community may be permitted within Hamlet areas, subject to the inclusion of appropriate requirements in the zoning by-law. The proposal for a storage shed for farm equipment appears to conform." The Durham Health Unit "no objection" Newcastle Public Works Department "1 . Adjacent to the Applicant's lands, Ormiston Street is extremely narrow, being only 39.5 feet in width. This causes concern to the parents and teachers of those attending Hampton Junior Public School who walk this route daily. 2. The narrow road allowance does not leave room for drainage ditches or a pedestrian pathway; several years ago the Town purchased the pooperty on the south-east corner of Ormiston Street and Scugog Road in order to make improvements to pedestrian safety. v < � Report No. : PD-34(a)-82 . . ./4 3. The Applicant should be requested to dedicate a strip of land, approximately 13.0 feet in width, for road widening of Ormiston Street. 4. At the present time, the Applicant gains access to the subject land via the Municipal Parking Lot on Scugog Road. It is understood that access is to be from Temperance Street only. Access from Ormiston could not be permitted without the above-mentioned dedication of lands for the widening. " Newcastle Fire Department "The Fire Department has no objection to the proposed application for rezoning. The area is located within approximately 5 miles of existing fire station #1 , Bowmanvi11e." Newcastle Building Department "no objection" COMMENTS: Staff have reviewed the application for rezoning submitted by Mr. Weston and are satisfied that the nature of the use, being a snow removal and grounds maintenance business, would not be offensive to, or imcompatible with, the surrounding residential uses, bearing in mind that this would be a home occupation and of a limited scale. It is the intention of the applicant to construct a new storage shed to house the equipment used in conjunction with this home occupation as a replacement for an existing shed, which does not adequately meet his needs and results in outside storage of some equipment. In that regard, the applicant had initially proposed construction of a shed having a ground floor area of 81 .75 square metres (880 j square feet), however, in view of the nature of abutting land uses and the fact that home occupations are normally considered to be an accessory use subordinate to the I Report No. : PD-34(a)-82 . . ./5 principle use of a property, in this case, residential , staff have suggested to Mr. Weston that a smaller building, of about 61 .25 square metres (660 square feet) , would be more appropriate. Arising from the circulation, certain concerns were identified by the Newcastle Public Works Department in respect of access to the site and the need for a 4.03 metre (13.21 feet) road widening along the frontage of Ormiston Street. As indicated by their comments, Ormiston Street is i presently a substandard road allowance and is only 39 feet wide adjacent to the subject lands. Dedication of the requested road widening would permit the Town to improve storm drainage along Ormiston Street and to generally I improve the safety for vehicles and pedestrians using the said road allowance. This request was discussed with Mr. Weston on February 16th, 1982, at which time he indicated he was not willing to grant the required road widening as a condition of the Town's approval of the requested rezoning. Inasmuch as improvements to Ormiston Street are a desirable objective, staff have discussed, amongst themselves and with Mr. Weston, the possibility of recommending to Council that I the by-law be approved conditional upon the dedication of the required road widening with the understanding that the i Town would bear the legal , survey and fence relocation costs associated with the road widening. Mr. Weston has indicated that although he is not in favour of dedicating a road widening under any circumstances, if he must do so, it would be under those terms only. i Report No. : PD-34(a)-82 . . ./6 With respect to the Works Department's comments on access, staff note that it was our intention to limit access to and from the property to the Temperance Street frontage to avoid any possible conflicts with school children using Ormiston Street and to restrict the use of municipal property for access to and from the rear of his lot, unless otherwise agreed to by the Municipality. On March 1 , 1982, Mr. Weston met with Mr. Smith, the Town Administrator, to discuss Staff Report PD-34-82 and to express concerns relative to staff's original recommendations. As a result of said meeting, staff were requested to further revise our Report and recommendations to reflect the further considerations discussed with Mr. Smith. These included permission to construct an 82 square metre building, as originally proposed, replacement of the Ormiston access at the Town's expense and a formal agreement with the Town to allow continued access over Municipally owned lands. These, plus the other considerations staff were recommending, would be given in exchange for the required road widening on Ormiston Street. Planning staff do not endorse these latter three concessions. In view of the foregoing and the requests of Mr. Weston to j the Town's Administrator, it would be appropriate to forward the attached By-law to Council for approval at such time as i the applicant has dedicated the required road widening along the Ormiston Street frontage of the subject lands. j Respectfy submitted, T. T. Edwards, M.C.I.P. Director of Planning TTE*mjc March 16, 1982 j i` " I