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HomeMy WebLinkAboutP-32-80 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,KC.I,P., Director HAMPTON,ONTARIO LOB 1JO TEL, (416)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF MARCH 3, 1980. REPORT NO: P-32-80 SUBJECT: Application for Rezoning Number Z-A-3-12-8 Part of Lot 28, Concession 1, former Township of Clarke. "The Clay Pot" BACKGROUND: The subject application requests an amendment to the Clarke Restricted Area (Zoning) By-law to rezone a 2023.4 square metre (21,790 square ft.) parcel of land located on Part of Lot 28, Concession 1, in the former Township of Clarke. The applicant has been operating an "Antique Shop" from the residence on the property since July of 1979. Prior to that time several commercial/industrial uses have been in operation on the site. To the best. of Staffs ' knowledge these uses have not been continuous since the approval of the Clarke Restricted Area By-Law in 1969. Staff do not, therefore, consider the "Antique Shop" as a legal "Non-Conforming" use under the existing agricultural zoning on the property. The applicant is requesting that the property be rezoned to "commercial" to permit the Antique Shop. The site is designated "General Agricultural Area" in the Region of Durham Official Plan. The predominant land use in areas with this designation would be for agriculture and farm related uses. In this case, the commercial use is not related to a farming operation and would, therefore, not conform with the policies of the Regional Plan. . . . . . 2/ 2 - Report No. P-32-80 The application was circulated to the Durham Planning and Works Department, Durham Health Unit, Ministry of Agriculture and Food, Ministry of Transportation, The Newcastle Fire Department, Newcastle Public Works, and the Newcastle Long Range Planner. The Durham-Planning-and-Worics Department submitted the following comments:- "The subject lands are designated 'General Agricultural Area' in the Durham Regional Official Plan. The proposed commercial use is not permitted. Proposal does not conform. With respect to Regional services, please be advised that municipal water and sanitary services are not available to the subject property and the Region has no plans to extend services into this area." The Ministry-of-Agriculture-and-Food offered the following comments:- "Staff of the Ontario Ministry of Agriculture and Food have reviewed the above plan and consideration has been given to it in view of the present goals and objectives of the Ministry and the guidelines on land use which support these goals and objectives. The Food Land Guidelines, Section 4A.6 indicates that activites that are not related to agriculture should be located in a nearby hamlet or town or on lands of limited resource capability. As this commercial use is not related to agriculture we do not support its location in the General Agricultural designation." The Newcastle_Lon� Range-Planner stated the following:- "The subject site is designated 'General Agricultural' by the Durham Plan. Section 16.6.5 permits the zoning of existing uses which are compatible with their surroundings. In that regard, the existing use is a sanitation business which may be interpreted as an industrial use while the . . . . 3/ i a - 3 - Report No, P-32-80 proposed use is an antique shop, which is clearly commercial. I would, therefore, suggest that since a change in use is involved, an Official Plan amendment may be required. However, confirmation of this should be obtained from the Region." The Newcastle Fire Department stated that:- "The proposed use of the building - occupancies for the displaying or selling of retail goods wares or merchandise, must comply with Fire Safety regulations in regards to exists, portable fire extinguishers, emergency lighting and interior flame spread rating." The following agencies had no objections to, or no comment on the rezoning application:- (a) The Durham Health Unit (b) The Newcastle Public Works Department (c) The Ministry of Transportation and Communications. -COMMENTS: Staff note that the existing use of the property as an "Antique Shop" is not in conformity with the provisions of the Durham Regional Official Plan, nor is the use entirely compatible with the adjacent land uses. Staff note further that the requested rezoning does not meet Provincial policy as contained within the Ontario Foodland Guidelines. Staff recommend that the requested rezoning not be granted and that this report be forwarded to the By-Law Enforcement Officer for appropriate action. 4/ 4 - Report No P-32-80 RECOMMENDATION: THAT the Planning and Development Committee recommend to Council that; (l) Rezoning Application Z-A-3r-2-4 be denied, and (2) A copy of this report be forwarded to the By-Law Enforcement Officer for appropriate action. Respectfully Submitted, D.N. Smith, M.C.I.P. Director of Planning DNS:lf February 14th, 1980. i I I I I I I I 21 20 1 19 18 1 17 16 15 1 1 � a KEY MAP I HWY. N°i 2 FORMER TOWNSHIP OF CLARKE i 0 500 1000M I I 500 j ! HWY.. NN 401 ; 'r SUBJECT SITE I I I I � LOT 20 LOT 19 LOT 18 LOT 17 LOT 16 I I CONC. E HWY. N2 k-2 SUBJECT SITE CONC. I I s I EXISTING LAND USE i LEGEND RESIDENTIAL COMMERCIAL INDUSTRIAL u: ` OPEN SPACE /RECREATIONAL 0 500 1000 2000ff, VACANT/AGRICULTURAL 500 I I