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HomeMy WebLinkAboutP-167-80 IV_ l �/ I G 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 OCTOBER 9, 1980. REPORT NO. : P-167-80 SUBJECT: Application for Rezoning Number Z-A-1-16-2 Part Lot 31, Concession 5, former Township of Darlington - Geraldine Balint BACKGROUND: The subject application requests an amendment to the Darlington Zoning By-law to rezone a 3380.0 square metre (36,381 square feet) parcel of land fronting on Taunton Road (Regional Road #4) and Regional Road #34, in the Hamlet of Mitchell's Corners. The applicant intends to rezone the subject lands in order to permit the establishment of a hairdressing salon and a single family dwelling including "studio space". The site is designated "Hamlet" in the Region of Durham Official Plan. Residential uses are permitted within Hamlet Areas, in addition, the establishment of a hairdressing salon may be considered a convenience commercial use in the Region of Durham Official Plan. Therefore, the proposal would appear to conform with the policies of the Durham Official Plan. The site is presently zoned 'Cl' Local Commercial in the Darlington Zoning By-law. The proposed By-law would apply a "Special Provision" to V - 2 - this site in order to allow the applicant to establish the uses proposed. The application was circulated to the Durham Planning and Works Department, Durham Health Unit, Newcastle Works Department, Newcastle Fire Department, and the Long Range Planner for the Town of Newcastle for comment. The Durham Planning Department submitted the following comments: "The subject site is located within Mitchell's Corners, a designated Hamlet in the Durham Regional Official Plan. Limited convenience commercial uses intended to serve the Hamlet and its immediate surrounding agricultural community may be allowed. The proposed hairdressing salon appears to conform. We note, however, that instead of allowing all permitted uses under the "Cl" zone, the proposed by-law amendment should include only convenience commercial uses in accordance with the Durham Regional Official Plan. Residential uses are permitted in hamlets designated by the Durham Plan. The conversion of the existing structure to a single family dwelling would appear to conform. The studio, which we assume will be the continuation of the existing pottery shop, is not considered to be convenience commercial use but may be zoned as a continuation of an existing use in terms of Section 16.6.5 of the Durham Plan. With respect to the Darlington Plan, the "Commercial" designation permits dwelling units over stores or offices. We interpret that the conversion of the schoolhouse to a single family dwelling would conform. The pottery shop is also permitted in this designation." The Durham Works Department stated the following: "Piped water and sanitary sewer services are not available to the subject site and the Region has no plan to extend services into this area. However, the Durham Regional Health Unit has indicated that it has no objection to the subject application. With respect to the abutting Regional road, an agreement between the Regional Municipality of Durham and the applicant requires that the present access to Taunton Road (Regional Road #4) be closed. Access to the subject land will be permitted from Regional Road #34 but the appli- cant is responsible for reconstructing the access in accordance with Regional standards. We request that the following conditions of approval be imposed by the Town of Newcastle on the above noted application for rezoning. (a) That a 3.05 m (10'0") road allowance widening abutting the subject land on Taunton Road (Regional Road #4), be conveyed free and clear of all encumbrances to the Regional Municipality of Durham. 3 - (b) That a 0.305 m (1'0") reserve abutting the subject land on Taunton Road (Regional Road #4) as widened, be conveyed free and clear of all encumbrances to the Regional Munici- pality of Durham. (c) That the entrance design and location must conform to the Regional Municipality of Durham design standards." The Durham Health Unit - no objection. The Newcastle Works Department - no objection. The Newcastle Fire Department stated the following: "1. A fire separation would be required between the Pottery Shop and the dwelling area. 2. All requirements in conjunction with CGA-B149.2 Installation Code for Propane Burning Equipment in regards to the pottery kiln and residential dwellings are to be complied with." The Long Range Planner for the Town of Newcastle stated the following: "The site is located within the Hamlet of Mitchell's Corners. The Durham Regional Official Plan presently permits only limited convenience commercial uses, however, the Town previously requested an amendment to delete the word convenience. It is my understand- ing that this amendment is acceptable to Regional staff and should be dealt with by Regional Planning Committee and Council in September of this year. The proposed use would conform with the intent of that amendment. The Darlington Official Plan designates the site as "commercial", and as such, the proposed use generally conforms to the intent of that plan. The only concern with this proposal is the fact that it will be served by a private drilled well and private waste disposal sytem. Since a hairdressing salon appears to have a potential for using large volumes of water, which is eventually discharged into the septic tank system, the comments of the Durham Health Unit should be obtained in respect to the adequacy of the present system." COMMENTS: Staff have reviewed the proposed rezoning and have no objection to the proposed hairdressing salon, single family dwelling and studio. Staff note that the proposed rezoning will have the affect of recognizing the existing uses of the property without adversely affecting abutting land uses. Staff further note that the Resident Survey recently conducted .V,r - 4 - in Mitchell's Corners indicates people within that community appear to want additional commercial facilities in the Hamlet. As a condition of the rezoning, the Regional Works Department has requested that certain road widenings be provided to the Region. It is suggested, therefore, that upon notification of the receipt of the required road widenings, that the attached by-law be forwarded to Town Council for approval. Staff note that as a condition of receiving approval, the applicants will be required to enter into a Site Plan Agreement under By-law 79-151. RECOMMENDATION: It is recommended that the attached by-law be forwarded to the Town Council for approval at such time as the Town has been notified by the Durham Regional Works Department that their requested road widenings have been received. Respectfully submitted, DNS:lb D. N. Smith, M.C.I.P. October 1, 1980 Director of Planning s THE CORPORATION OF THE TOWN OF NEWCASTLE By-law Number 80- 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 Corporation of the Town of Newcastle ENACTS as follows: 1. Section 6, Subsection (d) of By-law 2111, as amended, is hereby further amended by adding thereto the following subsection 2 as follows: "2 C1-2; Lot 31, Concession 5 Notwithstanding any provisions of Section 6 (a) (i) to the contrary, the land designated "Cl-2" on Schedule "A" hereto shall be used only for the purpose of a convenience retail store, a hairdressing salon, a single family dwelling with studio space therein, provided that no building or structure may be erected or used except in accordance with the "Cl" Zone Provisions as set out in Section 12 hereto." 2. Schedule "A" to By-law Number 2111, as amended, is hereby further amended by changing to Cl-2 the zone designation of the lands indi- cated as "ZONE CHANGE TO C1-2" on the attached Schedule "X" hereto. i - 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. G. B. RICKARD, Mayor (seal) J. M. McILROY, Clerk