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HomeMy WebLinkAboutP-55-81 --f CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1J0 TEL. (416)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF MARCH 16, 1981. REPORT NO. : P-55-81 i SUBJECT: Application for Rezoning, Part Lot 33, Concession 10, former Township of Clarke - Horatio Timoll Our File: Z-A-3-6-7 BACKGROUND & COMMENT: On October 22, 1980 staff report P-182-80 (Attachment 1) was considered and approved by the Planning Committee. On November 3, 1980 Council endorsed Planning Committee resolution PD-356-80 which recommended approval of the rezoning at such time as the applicant has executed a Site Plan Agreement with the Town, applicable to the subject lands. By letter dated November 5, 1980, from the Committee Secretary, the applicant was advised of this requirement. By letter dated November 20, 1980, from this Department, the applicant was further advised of the Town's requirements and forwarded copies of the necessary application forms. On subsequent occasions the applicant, Mr. Timoll, attended at this office to discuss the Town's requirements, at which time, he indicated an unwill- ingness to comply with the Town's requirements. ,� �ti� 1 v - 2 - By letter of January 2, 1981, the applicant's solicitor, Mr. R. Kitchen, was advised of the status of the subject application. Inasmuch as there has been no positive indication from Mr. Timoll, or his solicitor, that they wish to proceed further with this application; and the fact that the requirements of the "Site Plan Approval By-law" and "Tourist Camp Licencing By-law" are both applicable to this application and must be complied with; we respectfully suggest that this file be closed and the application for rezoning denied. RECOMMENDATION: That the Planning and Development Committee recommend to Council the following: 1. That Report P-55-81 be received; and that 2. Application by Mr. H. Timoll for rezoning, file Z-A-3-6-7 affecting Part of Lot 33, Concession 10, former Township of Clarke be denied and the applicant so advised. Respectfully submitted, a TTE:lb D. N. Smith, M.C.I.P. March 9, 1981 Director of Planning Attachment 1 to RepAt P-55-81. CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH,M.C.I.P., Director HAMPTON,ONTARIO LOB 1J0 TEL. (416)263-2231 REPORT TO '1'tll PLANNING AND DEVELOPMENT COMMITTEE MELTING Or 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 Tlmoll 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 leas been operating a snack bar on this site in conjunction i 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- i slon or enlargement of existing uses. 'Therefore the Proposal would appear I I to conform w( ' " the policies of the Regional Plan. 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 Hint- r-11P gwb gy_. gi Ee is "IfajOL 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 hzvilIg jurisdLction. " The Durham Works Department "The proposal would have no implication on Regional services. " The Durham 11e<11th Unit "No objection. " TIZe Ministry of Agriculture and Food "No objection. " The Ganaraska Conservation Authority "No objection. " - ' ^' 110 N'`vcust }c Public Ho k Dc urtmu � _ "l . An o condition of the rezoning, a 0uo-yooL Reserve - be placed on the lands abutting the rood allowance between Cnuccaoiou 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 uJjaucut to die rood allooun6e between Concessions 9 and 10." The Lon.0 Range Planner for the Town of Newcastle . "Ihu subject luoJa are designated "Major Open Space-Oak RlJAeo Moraine" by the Durham Regional Official Plan; cnnq`gcouuJn are u permitted use under that designation. Buildings nnJ structures incidental to the campground woulJ_&___ai_11so e permitted. It is also Regional policy to preserve the rural character and environmental features of the 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: Scn[[ have reviewed the proposal submitted by Mc. T1moll 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. Stuff have no objection to the proposal on the basis of , this review. Staff note that the proposed campsite is for seasonal use only and would permit tents only, tcuilccx and/or recreational vehicles are not locloJuJ. The proposed use will require u licence vnJuz 8y-luw 75-24' the "Tourist Camp" By-law. The proponent will also be required to cutuc into u site nIao agreement with the Town under By-law 79-151. KECOM1,DlNDA?I00S: It is ccxpucc[vlly cuconomuudcJ: l. That application for rezoning Z-A-1-6-7 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 Lo Council with the attached By--law. Respectfully submitted, GP:lb D. N. Smith, M.C.I.P. October 20, 1980 Director of Planning �- ~� THE C0KY08Al10N OF ?}{E , TOWN 01' NEWASTI,X By-law Number 80- u 8y-luo to amend 8cotcioced Area By-law Number � 1592, as amended, of the former Township of Clarke. ' NDCREAS the Council of the Corporation of the Iono of Newcastle deems � it advisable to amend Restricted Area By-law Number 1592, as amended, of the former Township of Clarke. ' ENACTS as follows: l. Schedule '/6" to By-law 1592` as amended, is hereby further amended by changing to '^A-9° the zone designation of the lou6a ' indicated as "ZONE CHANCE TO A-9x on the attached Schedule "X" hereto. l. Section 10. aubaectlou 18. 3 of By-low 1592, as nmeu6cJ, is 6cro6y further amended by adding the following: "(|�) "A-911 - Lot 33 Concession-_10 ' Notwithstanding any provisions of this By-law to the con- tcary, that portion of Lot 33 deai&ouLe6 x&-9" on the ' attached Schedule "Ax 6creLn shall be used only in uococJ- ` l. Definitions (i) "Campground" means any parcel of laud 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. (1i) "Camp Lot" means a parcel of land within a campground occupied by a tent. r—� - �\ 2. Permitted Uses - (i) a campground (ii) o snack bur (iii) u parking lot. ' 2^ Zone Provisions cou�u�c O metres � l66 (i) Minimum Iu� ^ (ii) Minimum Lot Area 1. 8 hectares Yard � .d 9 ma�zea (iii) Minimum Front Y (iv) Minimum Interior Sideyurd 18. 1 metres (v) Minimum Gamp tot Area 185.8 square metres (vi) Maximum Number of Comp 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- dential use on another { yropercy . (viii) Parking Spaces per Camp Lot l parking spu�e for each camp lot. 4. This By-law shall come into effect on the 6uto hereof subject to the provisions of Section 35(10) of the Ylaouln& Act, 8Y-LAW READ u [1cat time this day o[ ' A.D. 1980. BY-LAW DEAD u second time this day of ` A.D. 1980. BY-LAW KLAD u third time and finally passed, this day of , A.D. 1988 (seal) -----�� X3 �W 0 - THIS IS -`* CHEDULF �X� TO DY-L , PASSED THIS DAY OF _ ,A. D. ( 950 . rn LOT 33 N hn CONCESSION 10 o _..1 z w L.ij N 720 19' 30"E 168.0 m L.0 N m E v E LLJ I S O„ 3 a M \ 0 Q O � Q O lD < Z Z W N 730 16 40'E 166.0m N73016'40TE 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 G.D.Rickard ,Mayor J.M.MCIlroy ,Clerl( 35 I 34' I 33 32 1 31 3, 1 29 2a 27 0 jSl)8,JFCT I A� cy nmospomr PARK ui dDDD LISKARD SCALE 1: 25000 KEY MAP for BY- LAW 80-- .