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Home My WebLink AboutP-139-80 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director HAMPTON,ONTARIO LOB UO TEL. (416)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF SEPTEMBER 15, 1980. REPORT NO. : P-139-80 SUBJECT: Application for Rezoning Number Z-A-3-10-5 Part Lot 28, Concession 5, former Township of Clarke - Diane and Rodney Hamre BACKGROUND: The subject application requests an amendment to the Clarke Zoning By-law to rezone a 1246.5 square metre (13,417.8 square feet) parcel of land fronting on Church Street in the Village of Orono. The applicants intend to rezone their property in order to allow the retail operation of an antique and gift shop from their residence. The site is located within the "hamlet" of Orono as desig- nated by the Region of Durham Official Plan. Section 10.4.1.1 of the Plan would permit home occupation uses, subject to the inclusion of appropriate requirements in the zoning by-law. Therefore, the proposal would conform with the policies of the Official Plan. The site is presently zoned "Rl Residential" in the Clarke Zoning By-law. The proposed by-law would apply a special provision to this site in order to allow the proposed use. r D + I VC3>) 2 _ The application was circulated to the Durham Planning and Works Departments, the Orono Public Utilities Commission, Newcastle Public Works Department, Newcastle Building Department, Newcastle Fire Department and the Long Range Planner for the Town of Newcastle for comment. The Durham Planning and Works Department submitted the following com- ments: "The subject site is located in Orono, a designated "hamlet" in the Durham Regional Official Plan. Home occupation for commercial uses, as proposed, is per- mitted. Proposal conforms. With respect to Regional services, please be advised that municipal water service is available to the site. On view of the intention of the applicant to operate an antique shop in conjunction with the existing resi- dential dwelling, it would appear to have no significant effects on the existing water system. Sanitary sewer service is not available to the subject lands and the Region has no plans to introduce such ser- vices into the Village of Orono. We are advised that the Durham Regional Health Unit has no objection to the pro- posal on the basis of private sewage disposal systems. Due to the commercial nature of the proposal, there are no financial planning implications with respect to our current development policies." I Orono Public Utilities Commission - no objection. Newcastle Public Works Department - no objection. Newcastle Building Department stated the following: "If the request for rezoning is approved it will be nec- essary to comply with any applicable requirements of the Ontario Building Code for fire safety." Newcastle Fire Department stated the following: "The Fire Department has no objection to the proposed appli- cation. If a section of the residence is converted into an antique shop, that section would be classified as occupancy E requiring fire safety standards in accordance to the occupancy." 1 V(3) 3 - The Long Range Planner for the Town of Newcastle stated the following: "The subject lands are located within the hamlet of Orono as designated by the Durham Region Official Plan. Section 10.4.1.1 of the Regional Plan permits limited convenience commercial uses and home occupations subject to the inclusion of appropriate requirements within the zoning by-law. In this instance it is questionable whether or not this proposed use could be considered as convenience commercial. However, in view of the nature of the application, there would be no objection to amending the by-law to recognize this as a home occupation." COMMENTS: Staff have reviewed the proposal submitted by Diane and Rodney Hamre and consider the proposed antique and gift shop as a "home occupation" use, due to the size of retail operation proposed. In addition, planning staff feel that such a use would not detrimentally affect the surrounding uses in the area by generating additional traffic and noise. Because of these reasons and the fact that the proposal would not conflict with the policies of the Region of Durham Official Plan, we would have no objection to the subject application for rezoning. RECOMMENDATION: It is respectfully recommended: 1. That application for rezoning Number Z-A-3-10-5 be approved; 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. Respec 01JLIY submitted, EP:lb D. N. Smith, M.C.I.P. August 5, 1980 11V_ Director of Planning THE CORPORATION OF THE TOWN OF NEWCASTLE By-law Number 80-113 A By-law to amend Restricted Area By-law Number 1592, as amended, of the former Township of Clarke. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend Restricted Area Jay-law Number 1.592, as amended, of the former Township of Clarke. NOW THEREFORE the Council of the Corporation of the Town of Newcastle ENACTS as follows: 1. Section 4.3 of By-'law 1592, as amended, is hereby further amended by adding thereto the following subsection (b) : "(b) RI-2 - Part Lot 28, Concession 5 Notwithstanding any provisions of this By-law to the contrary, that part of Lot 28, Concession 5, designated "Rl-2" on Schedule "A" hereto shall be used only for the purpose of a single family dwelling and a retail store for the sale of antiques and gifts provided that: 1) no person other than persons residing in the single family dwelling on the lot shall be employed in the said retail store; 2) not more than 25% of the area of the dwelling unit shall be used for the said retail store; 3) there shall be no advertising other than a non-illuminated sign not more than 0.1 square metres in area; 2 - 4) there shall be no external storage of goods or materials on the lands so designated; 5) there shall be no mechanical or other equipment used except that which is customarily employed in dwellings for domestic or household purposes; and 6) the lands so designated shall be used in accordance with the provisions of this subsection. ZONE PROVISIONS (a) Lot Frontage (minimum) 26.5 metres i (b) Lot Area (minimum) 1246.5 square metres (c) Front Yard (minimum) 3.5 metres (d) Side Yard (minimum) 2.0 metres (e) Rear Yard (minimum) 22.0 metres" 2. Schedule "A" to By-law Number 1592, as amended, is hereby further amended by changing to Rl-2 the zone designation of the lands indicated as "ZONE CHANGE TO RI-2" on the attached Schedule "X" hereto. i 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 22 day of September , A.D. 1980. BY-LAW READ a second time this 22 day of September , A.D. 1980. BY-LAW READ a third time and finally passed this 22 day of September , A.D. 1980. G. B. RICKARD, Mayor (seal) J. M. McILROY, Clerk THIS IS SCHEDULE TO BY-LAW PASSED THIS --zziw- DAY D. 1980 . IV tu h) Q Q "N, O� N71 36 30 E 43.Om 0 0 z -r E CENTRE STREET ZONE CHANGE TO RI-2 (SEAL) G.B.Rickard Mayor J.M.Mcl I roy C lerk L � I r'� 1 ` I , i SUBJECT I LANDS LL / M � C J KEY MAP for BY-LAW 80- 113 M E M O R A N D U M ; TO: G. Gray, Secretary, Planning & Development Committee FROM: N. Forrest, Current Operations Planner DATE: September 8, 1980 SUBJECT: Staff Report P-139-80 - Diane & Rodney Hamre (Our File No. Z-A-3-10-5) It has come to our attention that the draft By-law attached to Report P-139-80 would not restrict the proposed antique and gift shop proposed for the subject site to the status of a home occupation use, and, therefore, would not comply with the provisions of the Durham Official Plan. The attached By-law has been prepared to replace the original draft By-law in the subject staff report. Schedule 'T' and the property location map have not been changed. NF:lb Encl. THE CORPORATION OF THE TOWN OF NEWCASTLE By-law Number 80- A By-law to amend Restricted Area By-law Number 1592, as amended, of the former Township of Clarke. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend Restricted Area By-law Number 1592, as amended, of the former Township of Clarke. NOW THEREFORE the Council of the Corporation of the Town of Newcastle ENACTS as follows: 1. Section 4.3 of By-law 1592, as amended, is hereby further amended by adding thereto the following subsection (b) : "(b) R1-2 - Part of Lot 28, Concession 5 In addition to the uses referred to in Section 4.1 i' hereof, that part of Lot 28, Concession 5, which is a.} a designated "Rl-2" on Schedule "A", may be used for the ( E purposes of a retail store for antiques and gifts in ;3 accordance with the following provisions: a) Lot Frontage (minimum) 26.5 metres b) Lot Area (minimum) 1246.5 square metres c) Front Yard (minimum) 3.5 metres i d) Side Yard (minimum) 2.0 metres e) Rear Yard (minimum) 22.0 metres 2. Schedule "A" to By-law Number 1592, as amended, is hereby further amended by changing to R1-2 the zone designation of the lands indicated as "ZONE CHANGE TO Rl-2" on the attached Schedule "X" hereto. — a - 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. i G. B. RICKARD, Mayor (seal) J. M. McILROY, Clerk