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CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT
HAMPTON, ONTARIO LOB 1 JO i tL. (416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF MAY 17th, 1982
REPORT NO.: PD-78-82
SUBJECT: APPLICATION FOR REZONING Z-A-1-12-5
PART OF LOT 17, CONC. 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-78-82 be received; and
2. That staff Report PD-34(a)-82 be lifted from
the table and dealt with at this time (copy
* attached).
BACKGROUND:
On March 22nd, 1982 the General Purpose and Administration
Committee considered staff Report PD-34(a)-82 in respect of
_ the above-referenced application for rezoning.
As a result of the Committee's consideration, Resolution
GPA-384-82 was passed recommending that staff Report
PD-34(a)-82 be tabled pending staff circulation of the
rezoning to all land owners within four hundred feet
(400' ).
Report: PD-78-82 .. ./2
Following therefrom, on April 6th, 1982, staff circulated a
Notice to property owners as prescribed by the Committee
Resolution, and as of the date of writing no objections have
been received.
COMMENTS:
In view of the foregoing, it would be appropriate for the
General Purpose and Administration Committee to now lift
staff Report PD-34(a)-82 from the table and consider the
recommendations contained therein.
Respec ,full.-V submitted,
T. T. Edwards, M.C.I.P.
Director of Planning
j µ TTE*mjc
May 11 , 1982
CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT
HAMPTON, ONTARIO L081J0 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
R@.port No. ; PD-34(a)-02
. . ./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.
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.
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 4y-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.
7�
Report No. : PD-34(a)-82 . . .�q
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 ,
Bowmanville."
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
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
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
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
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
the by-law be approved conditional upon the dedication of
the required road widening with the understanding that the
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.
Report No. : PD-34(a)-82 . . .A
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
the Town's Administrator, it would be appropriate to forward
the attached By-law to Council for approval at such time as
the applicant has dedicated the required road widening along
the Ormiston Street frontage of the subject lands.
Respettf y submitted,
T. T. Edwards, M.C.I.P.
Director of Planning
TTE*mjc
March 16, 1982
THE CORPORATION OF THE TOWN OF NEWCASTLE 441-
BY-LAW NUMBER 82-
being a By-law to amend Restricted Area By-law 2111 , as amended, of
the former Township of Darlington, now in the Town of Newcastle.
WHEREAS the Council of the Corporation of the Town of Newcastle deems
it advisable to amend Restricted Area By-law No. 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 (11 ) as follows:
"(11 ) Part of Lot 17, Concession 5
Notwithstanding any provision of this By-law to the contrary,
that portion of Lot 17, Concession 5 designated "SPECIAL
PROVISION BY-LAW NO. 82- " 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 an implement storage shed used in conjunction with a home
occupation involving a snow removal and grounds maintenance
business, provided that no person other than those residing on
the lands subject to this "SPECIAL PROVISION" shall be
employed in the said home occupation and provided further,
that no building or structure may be erected, altered or used
on the lands except in accordance with the following
provisions:
a) Definitions
For the purpose of this Special Provision,
(i ) "Implement Shed" shall mean a building where snow
removal and garden or grounds maintenance
equipment such as a tractor, plow, cultivator,
mower, disc harrows, snow blower, snow blade and
loader shall be stored. In addition to the fore-
going equipment, a diesel-fuel storage tank, not
exceeding a capacity of 1 ,004 litres would also
be permitted.
THIS IS SCHEDULE 'X' TO 8Y- LAW 82-.- ,
t
PASSED THIS DAY OF r2
A.D. 1982.
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( SEAL ) ZONE CHANGE TO
SPECIAL PROVISION
BY—LAW 82- -.
G.B. Rickard Mayor
0 25 50m
D.W. Ookes,Clerk 20 5 I
KEY MAP
FORMER TOWNSHIP OF DARLINGTON
1:25 000
LOT I LOT LOT ' LOT LOT 1 LOT LOT 1 LOT J LOT 1 LOT OT
22 1 21 20 I 19 18 I IT 1 16 1 15 1 14 1 13 12
I 1 1 ( I 1
J 1 I J
SUBJECT
1 SITE I I
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1 1
REGIONA l ROAD N°- 41 I 1 TAUNTON ROAD
b) Zone Provisions
M Residential uses and uses accessory thereto, in
accordance with the provisions o this By-law for
the R-3 (Residential ) zone.
(ii ) Non-residential uses
(a) Lot Frontage, minimum 30 metres
(b) Lot Area, minimum .30 hectares
(c) Front Yard, minimum 80.0 metres
(d) Side Yard, minimum 2.5 metres
(e) Rear Yard, minimum 7.5 metres
(f) Gross floor area, maximum 82.0 square metres ,
(g) Building Height, maximum 4.5 metres
2. Schedule "A" to By-law No. 2111 , as amended, is hereby further
amended by changing to Special Provision By-law No. 82- the zone
designation of the lands indicated as "SPECIAL PROVISION BY-LAW
82- " on the attached Schedule "X" hereto.
3. This By-law shall become effective on the date hereof, subject
to the provisions of Section 35(10) of the Planning Act, R.S.O.
1970.
BY-LAW read a first time this day of 1982
BY-LAW read a second time this day of 1982
BY-LAW read a third time and finally passed this day of
1982.
MAYOR
CLERK