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Home My WebLink AboutP-18-81 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 19, 1981. REPORT NO. : P-18-81 SUBJECT: Application for Rezoning Number Z-A-3-7-5 Part Lot 24, Concession 6, former Township of Clarke - Stuart Irwin BACKGROUND: Report Number P-15-80, which dealt with the subject application for rezoning, was presented to the Planning and Develop- ment Committee meeting of February 18, 1980. The report, a copy of which is attached for your information, recommended that the application to rezone the subject lands to "Highway Commercial" be denied, and that the use of the property as a restaurant retain its legal, non-conforming status. The Committee had then received information from Mr. Charles Ewert, the applicant's solicitor, stating that the property had been used for commercial purposes for approximately 20 years and further advised that in 1976 permission was granted by the Committee of Adjustment to change the use of the property from a farm machinery operation to a restaurant. The Committee had then referred Report Number P-15-80 back to the Director of Planning for further input regarding the implications of the rezoning. '" V40 - 2 - COMMENTS: Staff have reviewed the subject application and note that the predominant land use in this area, as well as this particular section of Highway 35/115 consists of agricultural uses, which in our opinion are in conformity with the intent of the "Permanent Agricultural Reserve" policies of the Region of Durham Official Plan. Under this Official Plan designation, commercial uses are not permitted, however, staff note that under Section 16.6.5 of the Regional Plan, Council have the right to zone to permit the continuation, expansion or enlargement of existing uses provided that such uses have no adverse effect on the present uses in the area. Based on a land use study of this area, it is staff's opinion that a restaurant could not be considered as being compatible with the existing residential and agricultural uses in this area and therefore the rezoning would not be appropriate. The decision of the Committee of Adjustment in 1976, a copy of which is attached, allowed the previous owner of this property to change a legal non-conforming use of a farm equipment sales outlet to a restaurant operation, which has remained a legal non-conforming use. As stated in the previous report submitted by staff, the site is presently zoned in conformity with the land use designation of the Regional Plan and that the existing use should not be recognized in the By-law but should retain its legal non-con- forming status. As a legal non-coforming use, the present use of the property may continue but may only be changed or expanded with permission of the Com- mittee of Adjustment. Once this use has discontinued, the use of the property would revert to one permitted by the provisions of the Restricted Area (Zoning) By-law and the Official Plan. - 3 - RECOMiENDATION: It is respectfully recommended: 1. That this Report be received for information; and / r 2. That the recommendations of Report P-27--80 be adopted. Respectf ly submitted, � F EP:lb D. N. Smith, M.C.I.P. January 2, 1981 Director of Planning 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 FEBRUARY 18, 1980. k REPORT NO. P-15-80 SUBJECT: Application for Rezoning Number Z-A-3-7-5 Part of Lot 24, Concession 6, former Township of Clarke - Stuart Irwin BACKGROUND: The subject application requests an amendment to the Restricted Area (Zoning) By-law of the former Township of Clarke to recognize an existing restaurant and a detached single family dwelling. The existing uses are legal non-conforming under the "existing" agricultural zoning on ' the site. The applicant is requesting that the property be rezoned to "Highway Commercial" to allow for a possible future extension to the restaurant and to remove the legal non-conforming status from the property. The site is designated "Permanent Agricultural Reserve" in the Region of Durham Official Plan. Section 16.6.5 of the Plan would allow municipalities to zone to permit the continuation, expansion or enlargement of existing uses. Therefore, the proposal would appear to conform with the policies of the Regional Plan. The application was circulated to the Durham Planning and Works Department, Durham Health Unit, Ministry of Transportation and Communications, the Newcastle Public Works Department and the Long Range Planner for the Town of Newcastle. 2 - The Durham Planning and Works Department submitted the following comments: "The subject site is designated "Permanent Agricultural Reserve" in the Durham Regional Official Plan. Restaurants and non-farm residential uses are not permitted in this designation. Newcastle Council, however, may at their discretion, zone to permit the continuation 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 the Durham Regional Official Plan. Municipal water and sanitary services are not available to the subject site and the Region has no plans to extend services to this area. In addition, because the proposed rezoning is com- mercial in nature, there are no financial planning implications with respect to the current development policies of the Region." The Newcastle Long Range Planner stated the following: "The subject site is designated as "Permanent Agricultural Reserve" by the Durham Regional Official Plan; in that regard the existing use is not permitted. However, Section 16.6.5 of the Plan provides for the rezoning of legally non-conforming uses provided that such use has no adverse effect on the present uses of the surrounding lands or the implementation of the pro- visions of the Plan. It would, therefore, appear that the subject site does not require an Official Plan Amendment, however, reference should be had to the Region's comments in that regard. Notwithstanding the fact that such a rezoning may be permitted by the Durham Regional Official Plan, unless this is presently an illegal non-conforming use, being rezoned to make it legally conforming, we should not approve a rezoning. Retaining this use as -legally non-conforming would preserve the Town's rights to site plan controls in respect of any future enlargement, expansion or alteration of use, on this site, which otherwise would be circumvented by a rezoning at this time." The following agencies had no objection to the proposed rezoning: Newcastle Public Works Department Durham Regional Health Unit Ministry of Transportation and Communications COMMENTS: Staff note that the site is currently designated "Permanent Agricultural Reserve" in the Durham Regional Official Plan which sets out the futnr�_- use of the subject property. The site is zoned in conformity L,a 3 - with that land use designation as is required by the Regional Official Plan and the "Act to Establish the Regional Municipality of Durham." Under the Regional Official Plan designation, it is intended that existing uses remain or become "legal non-conforming" and, therefore, should - - cease to exist in the fullness of time. Staff feel that as the applicant is not proposing any enlargement to the existing uses at this time and as the surrounding uses are generally agricultural in nature that the requested rezoning would not be appropriate. RECOMMENDATION: That the Planning and Development Committee recommend to Council that the application be denied. Respectfully submitted, DNS:lb D. N. Smith, M.C.I.P. January 17, 1980 Director of Planning ALLOWANCE.—, BETWEEN CONC. 6 and 7 27 26 25 24 23 22 21 = _ M® ,j. TAUNTON RD. 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