HomeMy WebLinkAboutP-41-81 4
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
16, 1981.
REPORT NO. : P-41-81
SUBJECT: Application for Rezoning Number Z-A-3-5-7
Part of Lot 29, Concession 4, former Township Cyr`
of Clarke - Patricia Irwin CO
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BACKGROUND:
The subject application requests an amendment to the Clarke
Zoning By-law to rezone a 0.4 hectare (1.0 acre) parcel of land fronting
on Provincial Highway 35/115 in the former Township of Clarke. The appli-
cant intends to rezone this property in order to allow the retail operation
of an antique and gift shop.
The site is designated "Major Open Space" in the Region of
Durham Official Plan. Commercial uses are not permitted within this land use
designation. However, Section 16.6.5 of the Regional Plan would allow
the Council of the municipality to zone to permit the continuation, expan-
sion or enlargement of existing uses provided that such existing uses have
no adverse effect on the present uses of the surrounding lands.
The site is presently zoned "A" Agriculture in the Clarke Zoning
By-law. The proposed by-law would apply a special provision to this site
in order to allow the continuation of an existing home occupational use.
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The application was circulated to the Durham Planning and
Works Department, the Durham Health Unit, the Ministry of Transportation
and Communications, the Newcastle Fire Department, Newcastle Building
Department, Newcastle Public Works Department, and the Long Range
Planner for the Town of Newcastle for comment.
The Durham Planning and Works Department submitted the following comments:
"Please be advised that the subject site is designated "Major
Open Space" in the Region of Durham Official Plan. The pro-
posed highway commercial use is not permitted within this
land use designation. However, Section 16.6.5 of the Durham
Plan would allow the local municipality to "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 pro-
visions of this Plan. Each case should be considered on its
own merits by the Council of the area municipality." The con-
formity of this application to the Durham Plan is contingent
upon Council's consideration of this amendment taking into
account the above referenced provisions of Section 16.6.5.
With respect to Regional services, municipal water supply and
sanitary sewer facilities are not available to the subject
site and the Region has no plans to provide such facilities in
this area."
The Durham Health Unit
No objection.
The Ministry of Transportation and Communications stated the following:
"We note the existing use of the property is an antique business
and residential home. The change from Major Open Space to Highway
Commercial is acceptable to this Ministry. However, a proper
commercial entrance should be constructed by the owner; all costs
associated with reconstruction will be at the owner's expense.
The necessary permit and construction standards may be obtained
from our Port Hope District Office located at 138 Hope St. N. ,
P. 0. Box 150, Port Hope, Ontario, LlA 3W3, attention Mr. N. Kelly,
Signs and Permits Inspector."
The Long Range Planner for the Town of Newcastle stated the following:
"The subject site appears to be designated as Permanent Agri-
cultural Reserve by the Durham Regional Official Plan (scaled).
The proposed use is not permitted by this designation. However,
Section 16.6.5 of the Regional Plan would permit Council to zone
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to permit the continuation, expansion or enlargement of an
existing use. I interpret this as applying to the residential
use and home occupation considered together. While both of
these uses are presently permitted by Restricted Area By-law
1592, as amended, the By-law does not conform to the Official
Plan to the extent that it permits a home occupation within
the Agricultural zone, which use is not permitted by the
Regional Plan. In this case, I would suggest that the proposed
rezoning be denied on the basis of non-conformity with the
Durham Regional Official Plan, and that at most the subject
site should only be rezoned to recognize the existing use of
the property."
COMMENTS:
Staff have reviewed the proposal submitted by Patricia Irwin
and would have no objection to the approval of an amendment to the
By-law to permit the continued use of the property for a single family
dwelling and a home occupation (antique and gift shop) . The continued
use of this property for the existing uses is not likely to generate
additional noise or traffic congestion and, therefore, would not have
a serious effect on abutting uses in this area.
Staff note that the original request made by Ms. Irwin was to
rezone the entire property to a "commercial" classification in order
to permit a variety of commercial uses, however, to rezone this property
in such a manner would not be in conformity with the Region of Durham
Official Plan. Therefore, staff recommends that the subject property be
zoned to recognize an "existing home occupational use" in the Clarke
Zoning By-law and in this way avoid future conflicts with the policies
of the Regional Plan.
In addition, staff note that the applicant will be required to
construct a proper commercial entrance in accordance with the Ministry
of Transportation and Communications requirements.
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RECOMMENDATION:
That the Planning and Development Committee recommend to
Council the following:
1. That Report P-41-81 be received; and that
2. The applicants be advised that the Town of Newcastle
will consider approval of the attached Special Provision
By-law, recognizing the existing use of the property,
subject to compliance with the requirements of the Ministry
of Transporation and Communications in respect of access;
and that
3. The applicants be requested to advise Town staff of their
intentions in respect of the subject application.
Respectfull submitted,
EP:lb D. N. Smith, M.C.I.P.
February 10, 1981 Director of Planning
THE CORPORATION OF THE
TOWN OF NEWCASTLE
By-law No. 81-
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 10.3 of By-law 1592, as amended, is hereby further
amended by adding thereto the following subsection (i) :
"(i) A-10 Part Lot 29, Concession 4
Notwithstanding any provisions of this By-law to the
contrary, that part of Lot 29, Concession 4, designated
"A-10" 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;
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3) there shall be no advertising other than a non-
illuminated sign not more than 0.6 square metres
in area;
4) there shall be no external storage of goods or mat-
erials 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.
(ii) Zone Provisions
(a) Lot Frontage (minimum) 56.5 m
(b) Lot Area (minimum) 0.4 hectare
(c) Front Yard (minimum) 13.5 m
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(d) Side Yard (minimum) 6.0 m
(e) Rear Yard (minimum) 30.0 m
2. Schedule "A" to By-law Number 1592, as amended, is hereby
further amended by changing to A-10 the zone designation of
the lands indicated as "ZONE CHANGE TO A-10" on the attached
Schedule "X" hereto.
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) G. B. RICKARD, Mayor
.T_ M_ M( TT.Rny- ri,_rk
THIS IS SCHEDULE TO BY-LAW SI-
PASSE® THIS DAY OF A.D. I9SI .
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Zone change to 'A-10' (?
ROAD ALLOWANCE BETWEEN
CONCESSIONS 3 and 4
SCALE I:100m
10 5 0 10 20 30 40 50m G.9. Rickard ,Mayor
(SEAL)
J.M. Mcllroy , Clerk
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