HomeMy WebLinkAboutP-102-80 �c
CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1JO TEL. (416)263-2231
REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF JUNE 9, 1980.
REPORT NO. : P-102-80
SUBJECT: Application for Rezoning Number Z-A-1-15-9
Part of Lot 14, Concession 8, former Township
of Darlington - Clifford Pethick
BACKGROUND:
The subject application requests an amendment to the Darlington
Zoning By-law to rezone a 1011.7 square metre (10,890 square feet)
parcel of land fronting on the road allowance between Concessions 7
and 8, in the Village of Haydon. The applicant intends to rezone the
subject lands in order to continue the existing use of the property as
an auction barn.
The site is designated "Hamlet" in the Region of Durham Official
Plan. The existing commercial use is permitted under this land use
designation in the Regional Plan. In addition, Section 16.6.5 of the
Plan permits the continuation, expansion or enlargement of existing uses,
therefore, the proposal would appear to conform with the policies of the
Official Plan.
The site is presently zoned 'R3' Residential in the Darlington
Zoning By-law. The proposed By-law would apply a "Special Provision"
to this site in order to allow the applicant to continue the use of the
d
property as an "auction barn". ��
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The application was circulated to the Durham Planning and Works
Department, the Durham Health Unit, the Newcastle Public Works Depart-
ment, Building Department, Fire Department and the Long Range Planner
for the Town of Newcastle for comments.
The Durham Planning Department submitted the following:
"The subject lands are located in Haydon, a designated "Hamlet"
in the Durham Regional Official Plan. Limited convenience commer-
cial uses primarily intended to serve the hamlet and its immediate
surrounding agricultural community are permitted. In addition,
the existing auction barn may be allowed to continue, expand or
enlarge at the discretion of the area municipality provided there
are no adverse effects on the present uses of the surrounding lands
or the implementation of the provisions of the Durham Plan. It is
concluded, therefore, that the proposal to rezone the site for com-
mercial purposes would conform to the Durham Plan."
The Durham Works Department advised the following:
"With respect to Regional services, municipal water and sanitary
sewer services are not available to the subject lands and there
are no plans to introduce said services into the Village of Haydon."
The Durham Health Unit submitted the following:
"The Durham Regional Health Unit offers no objection to this appli-
cation. It should be noted, however, that should a private sewage
disposal system be required in future, only a Class 6 (aerobic)
system will be permitted."
The Newcastle Public Works Department stated the following:
"The subject application has been reviewed and you should be advised
that the 8th Concession and Church Street in the Village of Haydon
are prime parking areas. Although Church Street is narrow, it does
not present as great a problem as the 8th Concession, which has been
a major concern in the past. We will be proposing that parking be
prohibited on the 8th Concession, road, in the area of the applicant's
property and shall insist upon stringent enforcement of the appropriate
by-law."
The Newcastle Building Department submitted the following:
"Any future use of the church building as a local commercial store
would be a change of occupancy under The Ontario Building Code and
therefore be subject to occupancy requirements for fire safety. If
and when the owner decides to establish a store, , subject to rezoning,
the building department should be contacted."
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The Newcastle Fire Department stated the following:
"The Fire Department has no objection to this application for
rezoning. Access for fire department emergency vehicles shall
be provided to each building, taking into account such features
as:
a) connection with public thoroughfares
b) width of roadway or private yard
c) vehicle parking."
The Long Range Planner for the Town of Newcastle submitted the following:
"The draft Hamlet Development Plan designates this site commercial
and permits commercial development anywhere within the built-up
area subject to suitable site plan and zoning controls. The nature
of the use is compatible with the hamlet character and have no
objection to a rezoning subject to the applicant entering into a
site plan agreement."
COMMENTS:
Staff have reviewed the proposal submitted by Mr. Pethick and feel
that the use of the property for the purpose of an "auction barn" is
compatible with existing uses in the hamlet. Staff note that the appli-
cant is in the process of making the necessary changes to this building
to bring it into compliance with the Fire Marshall's regulations.
For these reasons, and the fact that the proposal would not conflict
with the policies of the Region of Durham Official Plan or the draft Hamlet
Development Plan for Haydon, we would have no objection to the approval of
the subject application for rezoning. Staff note that the Hamlet Develop-
ment Plan for Haydon is on the June 9th Committee Agenda.
RECOMMENDATION:
It is respectfully recommended:
1. That application for rezoning Number Z-A-1-15-9 be approved;
and
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2. That the attached By-law Number 80- be forwarded to Council
for approval; and
3. That the Region of Durham be advised of Council's action in
respect of the subject application.
Respectfully submitted,
,,
f `
EP:lb D. N. Smith, M.C.I.P.
May 23, 1980 Director of Planning
THE CORPORATION OF THE
TOWN OF NEWCASTLE
By-law Number 80-7$
a By-law to amend Restricted Area By-law Number
2111, as amended, of the former Township of
Darlington.
WHEREAS the Council of the Corporation of the Town of Newcastle deems
it advisable to amend Restricted Area By-law Number 2111, as amended,
of the former Township of Darlington.
NOW THEREFORE the Council of the Corporation of the Town of Newcastle
i
ENACTS as follows:
1. Section 13 of By-law 2111, as amended, is hereby further amen-
ded by adding thereto subsection (u) as follows:
"(u) Part of Lot 14, Concession 8
Notwithstanding any provision of this By-law to the contrary,
that part of Lot 14, Concession 8, designated "SPECIAL PROVISION
BY-LAW 80- " on the attached Schedule "A" hereto shall be used
only for the purpose of an "auction barn", provided that no build-
s
ings or structures shall be erected, altered or used on the sub-
ject lands except in accordance with the following provisions:
(1) Definitions:
For the purposes of this subsection (_i) "AUCTION BARN"
shall mean a building or structure used for the storage
of goods and materials of a household nature which are to
be sold on the premises by public auction, and for the sale
of the said goods and materials, by public auction, on an
occasional basis.
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(i) Lot Frontage (minimum) 20.0 metres
(ii) Lot Area (minimum) 1011.7 square metres
(iii) Front Yard (minimum) 29.0 metres
(iv) Side Yard (minimum) .76 metres
(v) Rear Yard (minimum) .43 metres
(vi) Building Height (maximum) 6.0 metres
(vii) Parking Spaces (minimum) 13 spaces
(viii) Lot Coverage (maximum) 30%"
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2. Schedule "A" to By-law Number 2111, as amended, is hereby
further amended by changing to SPECIAL PROVISION 80-
the zone designation of the lands indicated as "ZONE CHANGE
TO SPECIAL PROVISION 80- " 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.
BY-LAW READ a first time this day of , A.D. 1980.
BY-LAW READ a second time this day of A.D. 1980.
BY-LAW READ a third time and finally passed this day of
A.D. 1980.
(seal) G. B. RICKARD, Mayor
J. M. McILROY, Clerk