HomeMy WebLinkAboutP-112-80 %
CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director
HAMPTON,ONTARIO LOB IJO TEL. (416)263-2231
REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF JUNE 23, 1980.
REPORT NO. : P-112-80
SUBJECT: Ontario Municipal Board Hearing of an Appeal against
By-law 79-106 of the Corporation of the Town of Newcastle
(Our File: Z-A-3-2-3 -- Schweizer)
BACKGROUND:
By-law 79-106 amends Restricted Area By-law Number 1592,
as amended, of the former Township of Clarke, by changing to "HC-311
the zone designation of a 3.96 acre parcel of land located in part of
Lot 15, Concession 2, former Township of Clarke. The amending By-law
would permit the use of the site for a single family dwelling, a commercial
nursery, an accessory landscaping business, and a sales and service outlet
for small engines and snowmobiles; but requires that all goods, materials
or equipment stored or displayed for sale on the lot be kept inside a
building. By-law 79-14 was passed by Council on October 9, 1979, and
was circulated to affected property owners in accordance with the Ontario
Municipal Board's Revised Rules of Procedure. Two objections to the By-law
were received within the twenty-one day appeal period, and a hearing of the
Ontario Municipal Board has been scheduled for July 11, 1980. Both objections
rj5
2
to the By-law are based on the assumption that the business proposed
for the subject site will have a negative impact on similar commercial
uses in the immediate area.
COMMENTS:
We have been advised by the applicant that she will be present
at the subject Ontario Municipal Board Hearing, and will be represented
by legal counsel.
In light of this fact, it is recommended that Planning staff
be authorized to attend the hearing to give evidence in support of the
subject by-law, but that the presence of the Town's solicitor is not
required in this case.
RECOMMENDATION:
It is respectfully recommended:
1. That this Report be received for information; and
2. That Planning staff be authorized to attend the sub-
ject Ontario Municipal Board Hearing in support of
By-law 79-10b.
Respectfully submitted,
NJF:lb D. N. Smith, M.C.I.P.
June 16, 1980 Director of Planning
19 18 17 16 15 14 12 1 1 10
SUBJECT
SITE
H-WY N2
KEY MAP for BY- LAW 79--106
CLARKE 0 200 400 600m
CORPORATION OF THE TOWN OF NEWCASTLE
�
XOFFICE OF THE 'TOWN CLERK 40 TEMPERANCE STREET TELEPHONE 623.3379
BOWMANVILLE, ONTARIO
L1C3A6
May 16 .1 980
IN '111E MA'1'MU OF Section :35 or P 1.1.111]i nI; Act,
R.S.0. 1970, c.349,
- -------u-
-ancl-
IN '1111.1 NIXY ER OF an App l.i ca t i on by Lhe Corpora L.i o 1
of the Town of Newcastle for approval of its
Restricted Area By-law 79-IOG
API-'OIN11Il,,N'1' MR IilsAli.1NG
'ME ONTARIO MUNICIPAL 130AR.D herchy appoi_llts 1�'riday, the 11tH day
of July 1980 at the hour of ten o'clock (local time) in the forenoon
at the Court Building, 132 Church Street, Bowmanville, for the
hearing of all parties interested in supporting or opposing this
application.
If you do not attend and are not represented aL -this heating, the
Board may proceed in your absence and you will not be entitled to
any further notice of the proceedings.
In the event the decision is reserved, persons taking part in the
hearing may request a copy or the decision from the presiding Board Member.
Such decision will be mailed to you when ava..ilahle.
Drtted at Newcastle this 16th day of May 19(10.
I;)PLANA'IORY NO'fl
PURhOSL AND LITEU1' OF 13Y-1,AIV NO. 79-106
The purpose and effect of By-Law 79-106 is to wiend the Restricted Area
(Zoning) By-Law of the former Township of Clar1w by applying a Special
Provision to the zone designation of the lands so indicated on the
attached Schedule "Y" hereto. This Special Provision would permit the usu
of the lands for a single family dwelling, colmlercial nursery and
accessory landscaping, business and a sales and service outlet for -I)lall
engines and snoNNmobiles; but would prohibit the outside storage of goods,
materials or equilxment on the lot.
The By-Law also designates the site a Site Plan Control Area under the-
provisions of Section 35 (a) of Lhe Planning Act, and one 01, more develop-nent
agreement will be required as a condition of tale d0ve101�11e11t of this site.