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P-182-80
CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1.10 TEL. (416)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF OCTOBER 27, 1980. REPORT NO. : P-182-80 SUBJECT: Application for Rezoning Number Z-A-3-6-7 Part of Lot 33, Concession 10, former Township of Clarke - Horatio Timoll BACKGROUND: The subject application requests an amendment to the Clarke Zoning By-law to rezone a 10.84 hectare (4.39 acre) parcel of land fronting on the road allowance between Concessions 9 and 10, directly across from the Mosport Park Race Track in the Township of Clarke. The applicant has been operating a snack bar on this site in conjunction with events taking place at Mosport Park. The applicant is now requesting that the site be rezoned in order to permit the continued operation of the snack bar, in addition to permitting the establishment of a campsite and parking area. The site is designated "Major Open Space - Oak Ridges Moraine" in the Durham Regional Official Plan. Section 12.2.2 of the Plan would permit campgrounds within this designation. In addition, as for the con- tinued operation of the snack bar, Section 16.6.5 of the Plan would allow Councils of the area municipality to zone to permit the continuation, expan- sion or enlargement of existing uses. Therefore, the proposal would appear to conform with the policies of the Regional Plan. J .. - 2 - The site is presently zoned "Agriculture" 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. The application was circulated to the Durham Planning and Works Department, the Durham Health Unit, Ministry of Agriculture and Food, Ganaraska Conservation Authority, Newcastle Public Works Department, and the Long Range Planner for the Town of Newcastle for comment. The following comments were received: The Durham Planning Department "Please be advised that the subject site is designated "Major Open Space - Oak Ridges Moraine" in the Durham Regional Official Plan. Policies under Major Open Space areas would allow the establishment of the campground component of the proposal but would not permit snack bar and vehicle parking facilities. How- ever, since the latter uses appear to be existing uses, we would like to draw your attention to Section 16.6.5 of the Durham Plan which in part states that: "At their discretion, the Councils of the area munici- palities may zone to permit the continuation, expansion or enlargement of existing uses provided that such existing uses have no adverse effect on the present uses of the surrounding lands or the implementation of the provisions of this Plan. Each case will be considered on its own merits by the Council of the respective area municipality or authority having jurisdiction." The Durham Works Department "The proposal would have no implication on Regional services." The Durham Health Unit "No objection." The Ministry of Agriculture and Food "No objection." The Ganaraska Conservation Authority "No objection." V 3 - The Newcastle Public Works Department "l. As a condition of the rezoning, a One-Foot Reserve be placed on the lands abutting the road allowance between Concession 9 and 10, this with the exception of two access points, for entrance and exit, respectively. 2. A fence be erected on the property line adjacent to the road allowance between Concessions 9 and 10." The Long Range Planner for the Town of Newcastle "The subject lands are designated "Major Open Space-Oak Ridges Moraine" by the Durham Regional Official Plan; campgrounds are a permitted use under that designation. Buildings and structures incidental to the campground would also be permitted. It is also Regional policy to preserve the rural character and environmental features of the Oak Ridges Moraine; in that regard, it would be desireable to have the applicant enter into a site plan agreement with specific provisions included respecting the preservation of as many trees as possible." COMMENTS: Staff have reviewed the proposal submitted by Mr. Timoll in light of the comments received from the circulation of the appli- cation and in respect of the conformity of the proposal with. the Regional Official Plan. Staff have no objection to the proposal on the basis of i this review. Staff note that the proposed campsite is for seasonal use only and would permit tents only, trailers and/or recreational vehicles are not included. The proposed use will require a licence under By-law 75-34, the "Tourist Camp" By-law. The proponent will also be required to enter into a site plan agreement with the Town under By-law 79-151. RECOMMENDATIONS: It is respectfully recommended: 1. That application for rezoning Z-A-3-6-7 be approved; and - 4 - 2. That the attached By-law be forwarded to Council for approval at such time as the applicant has executed a Site Plan Agreement, said Agreement to be forwarded to Council with the attached By-law. Respectfully submitted, J EP:lb D. N. Smith, M.C.I.P. October 20, 1980 Director of Planning V 0, 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. Schedule "A" to By-law 1592, as amended, is hereby further amended by changing to "A-9" the zone designation of the lands indicated as "ZONE CHANGE TO A-9" on the attached Schedule "X" hereto. 2. Section 10, subsection 10.3 of By-law 1592, as amended, is hereby further amended by adding the following: "(h) "A-9" - Lot 33, Concession 10 Notwithstanding any provisions of this By-law to the con- trary, that portion of Lot 33 designated "A-9" on the attached Schedule "A" hereto shall be used only in accord- ance with the following provisions. 1. Definitions (i) "Campground" means any parcel of land which is used to provide accommodation for the public or members of an organization in tents, whether or not a fee is charged or paid for such accommodation. (ii) "Camp Lot" means a parcel of land within a campground occupied by a tent. 2 - 2. Permitted Uses (i) a campground (ii) a snack bar (iii) a parking lot. 3. Zone Provisions (i) Minimum Lot Frontage 166.0 metres (ii) Minimum Lot Area 1.8 hectares (iii) Minimum Front Yard 5.9 metres (iv) Minimum Interior Sideyard 18. 3 metres (v) Minimum Camp Lot Area 185.8 square metres (vi) Maximum Number of Camp Lots 46 camp lots (vii) Location of Camp Lots No part of any camp lot shall be located closer than 15.0 metres to any public road, nor 30.0 metres from any resi- dental use on another property. (viii) Parking Spaces per Camp Lot 1 parking space for each. camp lot. 4. This By-law shall come into effect 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) THIS IS SCHEDULE 1)(a TO BY—LAW 80® GASSED I ISIS DAY OF — A D. 1980. M M 'ct c LOT 33 N CONCESSION 10 o Ld `'J 1 N7201930 E 168.0m >wk W CD E 0 O ul OD Z O O f Q f rip O 1 :w ................................,......,a::.,.:::ct`.t•':.o�::it.:����'4£i%::�ii:�.`:�"::n::t:.»::.�:,a J . <t 0 o> Q M O O O 0 Q - z Z N 730 16 40 E 166.0 m N 73 16 40 E V 236.4 m ROAD ALLOWANCE BETWEEN CONCESSIONS 9 and 10 ZONE CHANGE TO 'A-9' SCALE I: 200m 50 40 30 20 10 0 50 100 150 m C.D.Riclaird M©yor (SEAL) J.M.Mcllroy,Clerk �� 35 I 34 I 33 0 32 1 31 30 i 2g8 ( 27 i I a I I 0 I I I I (SUBJECT LA S I 1 I I I I I TENTH I I mospoRr PARK I I I I i I I I I o I I I I I I o I I I i I I I I I I I I I I ( I i I I I I I I I I 1 I i I I I ( I I I I I I I I I I I I I I I I I i I I I I I I I I I ( I I I I I , I I I I I I I I i i I I i I I I _ I I ► I 1---- 1 i I (LESKARD SCALE 1:25000 KEY MAP for BY-LAS!/ 80-- .