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.
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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
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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.
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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.
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a KEY MAP
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HWY. N°i 2
FORMER TOWNSHIP OF CLARKE
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0 500 1000M
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LOT 20 LOT 19 LOT 18 LOT 17 LOT 16
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SUBJECT
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EXISTING LAND USE
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RESIDENTIAL
COMMERCIAL
INDUSTRIAL
u: ` OPEN SPACE /RECREATIONAL 0 500 1000 2000ff,
VACANT/AGRICULTURAL
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