HomeMy WebLinkAboutP-89-81 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 MAY 11,
1981.
REPORT NO. : P-89-81
SUBJECT: Application for Rezoning Z-A-1-1-7
Part of Lot 6, Concession 1, former Township of
Darlington - Marwald Agricultural Resources Ltd.
RECOMMENDATION:
It is respectfully recommended:
1. That the subject application Z-A-1-1-7 be approved;
2. That the attached By-law 81- be forwarded to Council
for approval at such time as the applicant has executed
a Development Agreement, the said Agreement is to be
forwarded to Council with the attached By-law.
BACKGROUND: i
I
The subject application requests an amendment to Restricted
Area Zoning By-law 2111 of the former Township of Darlington to rezone
a 0.5 hectare (1.2 acre) parcel of land located in Lot 6, Concession 1,
Darlington. The applicant intends to have this site rezoned in order
to permit the expansion and continued use of the subject site for a custom
workshop involved in manufacturing, assembly, storage and shipping of
agricultural equipment. `� .4
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The site is designated "Permanent Agricultural Reserve"
in the Region of Durham Official Plan. The storage and assembly of
agricultural equipment is not permitted within this land use designation.
However, Section 16.6.5 of the Plan would permit Council to zone to per-
mit 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 "Cl-Local Commercial" by the Darl-
ington Zoning By-law and such designation does not conform with the
intent of the Official Plan. The proposed By-law would apply a special
provision to this site in order to permit the continuation of the present
legal uses and to permit the expansion of these uses.
The application was circulated to the Durham Planning Department,
Durham Health Unit, Central Lake Ontario Conservation Authority, Ontario
Ministry of Agriculture and Food and the Newcastle Public Works Department
for comment.
The Durham Planning Department
"Please be advised that the subject site is designated "Permanent
Agricultural Reserve" in the Durham Regional Official Plan. The
storage and assembly of agricultural equipment is not a permitted
use within this land use designation. However, Section 16.6.5
of the Durham Plan states:
'At- their di serati nn, tbo Councils of the area municipali.ti.es
may zone to permit the continuation, expansion or enlargement
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 the authority having
jurisdiction. '
The conformity of the subject 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.
1/
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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."
The Durham Health Unit
"no objection"
Central Lake Ontario Conservation Authority
"Authority staff have no objections to the above noted
rezoning. Please note that filling or grading on the site
is subject to the provisions of the Authority's fill, con-
struction and alteration to watercourse regulation."
Ontario Ministry of Agriculture and Food
"no objection"
The Newcastle Public Works Department
"l. That the Applicant make application for Property
Access prior to the paving of driveways, and that
the drainage of the proposed parking area be diverted
to the ditch by means of an asphalt gutter."
COMMENTS:
Staff have reviewed the application submitted by Marwald Agri-
cultural Resources Ltd. and note that the existing and proposed expan-
sion of this use is generally considered as being of an industrial nature,
which would not be appropriate for Agricultural Areas. However, staff
note that the continued storage and assembling of agricultural equipment
would presumably have no effect on abutting uses in the area. In addition,
the applicant has submitted site plans for this property and adequate
buffering to protect adjacent uses will be included in the final agreement.
We are, therefore, satisfied that this rezoning may be approved pursuant
to Section 16.6.5 of the Durham Regional Official Plan.
Respep, fulAy submitted,
f
EP:TTE:lb D. it
h, M.C.I.P.
May 4, 1981 Director of Planning
THE CORPORATION OF THE
TOWN OF NEWCASTLE
By-law Number 81-
being a by-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 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 Town of Newcastle ENACTS as
follows:
1. By-law 2111, as amended, is hereby further amended by adding
to Section 13 the following subsection:
Part of Lot 6, Concession 1
In addition to the uses permitted by Section 11 hereof, that
part of Lot 6, Concession 1, designated "SPECIAL PROVISION
I
BY-LAW ", on the attached Schedule "A" hereto may also
be used in accordance with the following provisions:
i) Permitted Uses
a) an existing custom workshop and a limited expansion
thereto, not to exceed a total combined gross floor
area of innn G�nara mPtraG� fnrahr�.ni�„rinePa of rnnrin�tinC
research into, developing, manufacturing, assembling,
storage and shipping of agricultural equipment in accord-
ance with the following provisions.
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ii) Zone Provisions
a) Lot Area (Minimum) 0.5 hectares
b) Lot Frontage (Minimum) 50.0 metres
c) Lot Coverage (Maximum) 20%
d) Front Yard (Minimum) 15.0 metres
e) Side Yard (Minimum) 10.0 metres
f) Rear Yard (Minimum) 15.0 metres
g) Building Height (Maximum) 10.0 metres
h) Landscaped Area (Minimum) 10%
i) Parking Spaces (Minimum)
a) offices 1 for each 15 square metres
of floor space or portion
thereof
b) other permitted uses 1 for each 100 square metres
of floor space or portion
thereof
j) Parking Space Location no parking space shall be
located closer than 3.0
metres to any street line
k) Loading Spaces 1
1) No open storage shall be permitted, save and except tem-
porary, rear yard storage of agricultural equipment prior
to shipping of said equipment.
further amended by changing to "SPECIAL PROVISION BY-LAW $1- If
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the zone designation of the lands designated "ZONE CHANGE
TO SPECIAL PROVISION BY-LAW 81- " 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.
MAYOR
(seal)
CLERK
T1 iis is seHEDIJEE BY-LAW 81--V
PASSED THIS DAY OE A.®. 1981 .
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