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HomeMy WebLinkAboutP-74-81 " 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 APRIL 27, 1981. REPORT NO. : P-74-81 SUBJECT: Application for Rezoning Number Z-A-1-9-2 Part of Lot 25, Concession 3, former Township of Darlington - G Gerrits RECOMMENDATIONS: It is respectfully recommended: 1. That Application for Rezoning Number Z-A-1-9-2 be approved; and 2. That the attached By-law 81- be forwarded to Council for approval; and that 3. The Region of Durham be advised of Council's actions. BACKGROUND: The subject application requests an amendment to Restricted Area Zoning By-law 2111 of the former Township of Darlington to rezone a 5.7 hectare (14.0 acre) parcel of land located in Lot 25, Concession 3, Darlington. The applicant intends to have this site rezoned in order to permit the expansion and continued use of a portion of the subject site for the owner's business. - 2 - The site is designated "Major Open Space" in the Region of Durham Official Plan. The storage of construction equipment is not under this Official Plan designation. However, Section 16.6.5 of the Plan would permit Council 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. In this regard, the proposal would appear to conform with the policies of the Regional Plan. The site is presently zoned "Agriculture" in the Darlington ----- ------Zoning By-law-. The pruned �y- aa Bald apply-� ''spee3al pvisi '-t©- this site in order to permit the continuation of the present uses. The application was circulated to the Durham Planning Depart- ment, Durham Health Unit, Newcastle Works Department, Newcastle Building Department, Newcastle Fire Department and the Ontario Ministry of Agri- culture and Food, for comment. The Durham Planning Department "Please be advised that the subject site is designated "Major Open Space" in the Durham Regional Official Plan. The storage of construction equipment is interpreted to be an industrial use and such is not permitted within this land use designation, however, Section 16.6.5 of the Durham Plan states that: "At their discretion, the Councils of the area municipalities 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 meyits by the, Council of the respective area municipality or the authority having juris- Durham Plan is contingent upon Council's consideration of this amendment taking into account the above-referenced provi-sions of Section 16.6.5. In the event that your Council is favourably disposed to this application, it is respectfully suggested that in the preamble to the by-law a clause be included to indicate that the permitted use allowed in the by-law is existing at the date of passing of the by-law." (5) r 3 - The Durham Health Unit "no objection" The Newcastle Public Works Department "no objection" The Newcastle Building Department "no objection" The Newcastle Fire Department "no objection" The Ontario Ministry of Agriculture and Food "The site of the proposed rezoning is presently used for construction equipment storage with gravel pit to the rear of the buildings. In view of its present uses and the lack of agricultural activity in the surrounding area, we would have no objections to the proposal at this time." COMMENT: Staff have reviewed the application submitted by Mr. Gerrits and note that the existing use of this property for the storage of construction equipment is generally considered as being an industrial use, which would not be appropriate for an agricultural area. However, the Ministry of Agriculture and Food has indicated that there is a limited amount of agricultural activity in this area, and, therefore, the proposed rezoning to allow the continuation of this existing indus- trial use would presumably have no adverse affect on abutting properties in this area. We are, therefore, satisfied that this rezoning may be approved pursuant to Section 16.6.5 of the Durham Regional Official Plan. Respectfully submitted, EP/TTE/LB D. .Smith, M.C.I.P. April 9, 1981 Director of Planning THE CORPORATION OF THE TOWN OF NEWCASTLE By-law No. 81-52 being a I3'y-law to amend Restricted Area By-law Number 2111, as amended, of the former Township of Darlington, now in the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend Restricted Area By-law 2111, as amended, of the former Township of Darlington. _�-- NOW-THEREPORE-the-Counc-i-.-o-f--the-C-o-rpe-ration--o�t-he-Town-o-f Newcas-tle ENACTS as follows: 1. Section 13 of By-law 2111, 'as amended, is hereby further amended by adding thereto subsection (ee) as follows: "(ee) Part of Lot 25, Concession 3 In addition to the uses permitted by Section 11 hereof, that portion of Lot 25, Concession 3 designated 'SPECIAL PROVISION BY-LAW 81-52 . on the attached Schedule "A" hereto may also be used in accordance with the following special provisions: (a) Permitted Uses an existing equipment storage building and a limited expansion thereto, not to exceed a combined gross floor area of 500 square metres. existing fuel tanks and pumps associated with i equipment storage facility. 2 (b) Zone Provisions (i) Lot Area (minimum) 5. 7 hectares (ii) Lot Frontage (minimum) 55.0 metres (iii) Front Yard (minimum) (a) equipment storage building 38.0 metres (b) existing gas tanks and pumps 48.0 metres (iv) ' Side Yard (minimum) (a) equipment storage building' 15.0 metres -- --------— (b) existing gas tanks and pumps 7.5 metres (v) Rear Yard (minimum) (a) equipment storage building 334.0 metres (b) existing gas tanks and pumps 350.0 metres (vi) Building Height (maximum) 10 metres (vii) Minimum Separation between equipment storage uses and other permitted uses. 3 metres 2. Key Map 17 of Schedule "A" to By-law 2111, as amended, is hereby further amended by changing to SPECIAL PROVISION BY-LAW 81-52 the zone designation of the lands designated "ZONE CHANGE TO.SPECIAL PROVISION BY-LAW 81- 5211 on the attached Schedule "X" hereto. 3 - i 3. , 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 4th day of May A.D. 1981. BY-LAW READ a second time this 4th day of May A.D. 1981. BY-LAW READ a third time and finally passed this 4th day of May A.D. 1981. C.--B, _RIC(ARD,- MAYOR (seal) J. M. McILROY, CLERK I KEY MAP - Showing the location of G. Gerrits property. PART OF LOT 25, CONCESSION 3 former Township of Darlington - , - . I I 1 A i I II I 1 I I. 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