HomeMy WebLinkAboutP-5-81 VV,1 S/
CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH, M.C.I,P,, Director
HAMPTON,ONTARIO LOB 1 JO TEL.(416)263-2231
REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF JANUARY
5, 1981.
REPORT NO. : P-5-81
SUBJECT: By-law 78-117 - Mr. William Henderson
File: Z-A-1-15-7
BACKGROUND:
On December 20, 1979 Planning and Development Committee
considered staff report P-227-79 regarding the denial of By-law
78-117 by the Ontario Municipal Board. At that time, Planning
Committee adopted the following resolution PD-581-79:
"It was recommended to Council that when written con-
firmation is received from the Solicitor allowing Mr.
Henderson to operate a butcher shop, staff is hereby
directed as follows:
1. The By-law Enforcement Officer shall take no
further action regarding any prosecution of
Mr. Henderson's operation of a butcher shop
at this time.
2. Planning staff shall include the necessary
changes and land use designations on the
Enniskillen Development Plan to allow the
operation of a butcher shop on Mr. Henerson's
property, and
3. The necessary document be prepared by the Plan-
ning Staff and brought forward to this Committee."
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This resolution was forwarded to Council and adopted as
resolution #C-80-260, which reads as follows:
"That items 1, 2 and 3 of Item #6 of the Planning and
Development report dated December 20, 1979 be adopted
subject to the approval of the Town Solicitor."
On June 6, 1980 Staff received a letter from the Town
Solicitor commenting on Council Resolution #C-80-260 to the effect
that Council's resolution was legal.
COMMENT:
As noted at the meeting of December 20, 1979 staff have
included policies within the Enniskillen Hamlet Development Plan
(an amendment to the Regional Official Plan) which would allow the
development of "limited" commercial uses in Enniskillen including a
butcher shop. In addition, staff note that Section 10.4.1.1 of the
Region of Durham Official Plan is currently being amended to include
"limited commercial" uses, which would imply that Mr. Henderson's
butcher shop conforms to the policies of the Durham Official Plan.
Therefore, staff have prepared the attached By-law amend-
ment for Planning Committee's consideration and note staff would have
no objection to the approval of this rezoning.
Staff note that Mr. Henderson will be required to enter
into a site plan agreement with the Town pursuant to By-law 79-151.
RECOMMENDATION:
It is respectfully recommended:
1. That the subject application Z-A-1-15-7 be approved;
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2. That the attached By-law 81- 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,
r r ,,x
EP:lb D. N. Smith, M.C.I.P.
November 7, 1980 Director of Planning
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THE CORPORATION OF THE
TOW14 OF NEWCASTLE
By-law No. 81-
being a By-law to amend Restricted Area By-law
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
ENACTS as follows:
1. Section 2 of By-law 2111, as amended, is hereby further
amended by adding thereto the following subsection (y) (2)
entitled "SHOP, BUTCHER".
(y)(2) "SHOP,_ BUTCHER - means a building or part of a
building where meat and poultry only are cut,
processed, wrapped and offered or kept for sale
to the public. For the purposes of this definition,
processing shall include the curing, as well as the
manufacture of cold cuts, but not smoking of meat."
2. Section 6 of By-law 2111, as amended, is hereby further amen-
ded by adding to paragraph (d) the following further paragraph
numbered "2":
"2. Cl-2; Lot 18, Concession 7
(i) Notwithstanding any provision of Section 6(a) to
the contrary, the lot designated "Cl-2" on Schedule
"A" shall be used only for the purpose of a single
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family dwelling and a butcher shop, not to exceed
800 square feet in total floor area".
(ii) The lands referred to in Paragraph (i) are described
as follows:
ALL AND SINGULAR that certain parcel or tract of land
and premises situate, lying and being in the Town of
Newcastle, in the Regional Municipality of Durham
(formerly the County of Durham) and being composed
of part of Lot 18 in the 7th Concession of the Geo-
graphic Township of Darlington, and being a part of
what is known as the Village of Enniskillen, said
parcel or tract being more particularly described
as follows:
COMMENCING at a point in the line of a fence running
southerly, said point being in the northerly limit
of said Lot 18 and being distant south 74 degrees west
in said northerly limit 659 feet from a stone monument
marking the north-east angle of said Lot 18;
THENCE South 15 degrees 26 minutes east in and along
said fence 224 feet 9 inches to a point in the line of
a fence running westerly;
THENCE South 75 degrees 25 minutes west in and along said
last mentioned fence 353 feet to a point in the line of
a fence running northerly;
THENCE North 15 degrees 43 minutes west in and along
said last mentioned fence, 80 feet 3 inches to a point
in line with a fence running easterly;
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THENCE North 73 degrees 02 minutes east in and
along fence 82 feet 9 inches to a point in line
with a fence running northerly;
THENCE North 15 degrees 32 minutes west in and
along said fence 135 feet to a point in the northerly
limit of said Lot 18, said point being distant wes-
terly 270 feet 9 inches from the place of beginning;
THENCE North 74 degrees east in and along said nor-
therly limit of Lot 18, a distance of 270 feet 9
inches more or less to the place of beginning.
3. Map 8 of Schedule "A" to By-law 2111, as amended, is hereby
further amended by changing to "Cl-2" the zone designation
of lands indicated as "ZONE CHANGE TO Cl-2" on the attached
Schedule "X" hereto.
4. This By-law shall come into effect on the date hereof subject
to the approval of the Ontario Municipal Board.
BY-LAW READ a first time this day of A.D. 1981.
BY-LAW READ a second time this day of , A.D. 1981.
BY-LAW READ a third time and finally passed this day of
A.D. 1981.
(seal)
Mayor
Clerk
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