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Home My WebLink AboutPD-147-92 THE CORPORATION OF THE TOWN OF NEWCASTLE DN:HYNES.GPA Meeting: General Purpose and Administration Committee File # 1) \ ~ '\)f:::' . q;l, a I Res.#bP8- #~ -~.:2J # 7'??'-/5;0 Date: Monday, June 15, 1992 #: PD-14 7-9~ile #: FILE #: DEV 92-015 REZONING APPLICATION CHARLES HYNES & TERRY KLAWITTER PART LOT 14, CONCESSION 1, FORMER TOWN OF BOWMANVILLE FILE: DEV 92-015 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-147-92 be received; 2. THAT the application to amend the Town of Newcastle Comprehensive Zoning By-Law 84-63 submitted by Charles Hynes and Terry Klawitter be APPROVED; 3. THAT the amending by-law attached hereto be forwarded to Council for approval; 4. THAT a copy of this report and the amending by-law be forwarded to the Region of Durham Planning Department; and, 5. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: 1.2 Agent 1.2 Rezoning: Charles Hynes & Terry Klawitter Same as applicant From "Light Industrial Exception (Ml-5)" to a "Special Purpose Commercial Exception" recognizing the existing donut shop, car wash facility and ancillary office space 1. 3 site Area: 0.36 hectares (0.89 acres) I flECYCLED PAPEI1 nJ~~r~lg~E 1)1~ IS PRiN1EDON flECYClfD PAPER REPORT NO.: PD-147-92 PAGE 2 2 . LOCATION 2.1 The 0.36 hectare (0.89 acre) property is located on the north side of Baseline Road west of Durham Regional Road #57. The site is adjacent to a gas station and drive- through donut shop also owned by the applicant located at the northwest corner of the intersection. In legal terms, this property is referred to as Part Lot 14, Concession 1 in the former Town of Bowmanville. 3. BACKGROUND 3.1 On February 13, 1992, Messrs. Charles Hynes and Terry Klawitter submitted an application with the Town of Newcastle to amend the Town's Comprehensive Zoning By-Law 84-63 for the afore-mentioned property. The purpose of the application is to change the present "Light Industrial Exception (Ml-5)" to an appropriate "Special Purpose Commercial Exception" zoning recognizing the existing on- site uses which consist of a donut shop, car wash facility and ancillary office space. 3.2 The owners have submitted the rezoning application for a number of reasons: . Although the property is zoned for industrial uses, the property is being assessed and taxed at commercial use rates. The owners feel that a commercial zoning more accurately reflects the site's uses than the current "Light Industrial Exception (Ml-5)" does; · The owners argue that although their uses are commercial, the current zoning undervalues their property as it is always compared to cheaper industrial lands; and, . 7 () ]J() REPORT NO.: PD-147-92 PAGE 3 . Some of the owners' motivations are financial in nature. The owners would realize a reduction in insurance premiums if the property's zoning corresponded with its use. In addition, the bank providing the financing considers the present zoning inappropriate. 4. 4.1 EXISTING AND SURROUNDING USES Existing Uses: Donut shop, car wash facility and ancillary office space 4.2 Surrounding Uses: East: North: West: South: Gas station and drive-through donut shop single family residential Preston Transport truck storage and container depot Tree farm 5. OFFICIAL PLAN POLICIES 5.1 within the existing 1976 Durham Region Official Plan, the subject lands are designated "Industrial". The predominant use of these lands shall be for manufacturing, warehousing, assembly, processing including reclaiming and/or recycling, storage of goods or materials, utility functions and transportation terminals and similar uses. In addition, certain commercial, community and recreational uses, such as banks, professional offices, restaurants, fraternal organizations and athletic clubs, may be permitted provided that such uses are compatible with the industrial uses in the area. 5.2 In the 1991 Durham Regional Official Plan as adopted by Regional council, the subject lands are designated as "Living Area". The predominant use in this area shall be J n 'J REPORT NO.: PD-147-92 PAGE 4 for housing purposes. However, special purpose commercial uses serving the specialized needs on an occasional basis with services and facilities which consume larger parcels of land and require exposure to traffic such as automotive sales and services, drive-in restaurants, motels, hotels, lumber yards, furniture and major appliance sales. 5.3 Under the Town of Newcastle Official Plan, the subject lands are designated "Industrial". General industrial uses refer to such uses as industries, warehouses or industrial services whose operations are of a manufacturing assembly, repair, storage or wholesaling nature, substantially enclosed in buildings, without offensive characteristics and compatible with the amenity of other uses of the Urban Area. Uses which are complimentary to and serve the basic industrial uses may also be permitted. 5.4 The land uses existing on this site would appear to conform to these various Official Plan policies. 6. ZONING BY-LAW CONFORMITY 6.1 The subject lands are currently zoned "Light Industrial Exception (Ml-5)" by the Town of Newcastle Comprehensive Zoning By-Law 84-63. This zone permits the existing donut shop, car wash facility and ancillary office space. 6.2 From a planning viewpoint, there is no need to rezone the property as all the existing uses are permitted within the current "Ml-5" zone. The applicant is filing the rezoning application for reasons stated in paragraph 3.2 and the zoning change would involve changing the alphabet from "M" to "C". 40 REPORT NO.: PD-147-92 PAGE 5 7. PUBLIC NOTICE AND SUBMISSION 7.1 Pursuant to Council's resolution of July 26, 1982 and requirements of the Planning Act, R.S.O. 1990, the appropriate signage acknowledging the application was erected on the subject lands. The required notice was mailed to each landowner within the prescribed distance. 7.2 As of the writing of this report, three counter inquiries have been fielded by Staff. In each case, individuals wanted general information regarding the application. A letter from Mrs. Bernadette McDonald of 92 Roser Court, jointly signed by four adjacent neighbours, was received by Staff. These residents live immediately to the north of the applicant's lands. They are concerned over noise from the car wash as well as light from the floodlamps Shining into their backyards at night. This residents' group has been assured by Staff that the proposed rezoning will not permit any additional uses or alterations to the site. 8. AGENCY COMMENTS 8.1 The application has been circulated to the Town of Newcastle Public Works Department and the Durham Region Planning Department. Neither body voiced any concerns regarding the proposed rezoning. 9. STAFF COMMENTS 9.1 The applicant is proposing to rezone the 0.36 hectare site from "Ml-5" to an appropriate "Special Purpose Commercial Exception" zone to recognize the existing uses. Although there is no need to rezone these lands from a planning viewpoint, Staff would support the proposed rezoning because it is consistent with the Durham Region and Town of Newcastle Official Plan policies. However, it is stressed that the rezoning will only recognize existing uses on site. ~) 41 REPORT NO.: PD-147-92 PAGE 6 Should additional uses at some future date be contemplated for the property, the applicants would require an amendment to the Town of Newcastle Zoning By-law 84-63. Respectfully submitted, Recommended for presentation to the Committee d~~k1., Franklin Wu, M.C.I.P. Director of Planning and Development RH*FW*df 4 June 1992 Attachment #1 Attachment #2 Attachment #3 Key Map site Plan Amending By-Law Interested parties to be notified of Council and Committee's decision: Charles Hynes & Terry Klawitter 1 Maryleah Court Bowmanville, ontario L1C 4H4 Bernadette McDonald 92 Roser Cresent Bowmanville, ontario L1C 3N9 fJ' ~.) . l.. ~ SUBJECT SITE LOT 15 LOT 14 ~/- ~H)R1 l...--..J. 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'-\ 'ill.t:;.t ~'iJ ?: ~~ ~~ ~ t,l' ~ ss '" ~ ~ ,~ <- ~ -. t r-,. !~ L'I ..Jt -t. THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 92- being a By-Law to amend By-Law 84-63, the Comprehensive By-Law for the Corporation of the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend By-Law 84-63, as amended, of the Corporation of the Town of Newcastle in accordance with Application DEV 92-015 to permit the existing uses which include a donut shop, car wash facility and ancillary office space. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: L section 20.4 "SPECIAL EXCEPTIONS - SPECIAL PURPOSE COMMERCIAL (C5) ZONE" of By-Law 84-63 is hereby amended by adding the following new subsection 20.4.11: "20.4.11 SPECIAL PURPOSE COMMERCIAL EXCEPTION (C5-11) ZONE Notwithstanding section 20.1(b), those lands zoned IC5-11" on the Schedules of this By-Law may only be used for an eating establishment - take-out, car wash establishment and business, professional or administrative offices, all of which are existing on the date of passing of this by-law." 2. Schedule "3" to By-Law 84-63, as amended, is hereby further amended by changing the zone designation from "Light Industrial Exception (Ml-5)" to a "Special Purpose Commercial Exception (C5-11)" zone as shown on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By- Law. 4. This By-Law shall come into effect on the date of the passing hereof, subject to the provisions of section 34 of the Planning Act, R.S.O. 1990. BY-LAW read a first time this day of BY-LAW read a second time this day of BY-LAW read a third time and finally passed 1992. 1992. 1992. this day of MAYOR CLERK " Ii f') J 1+, This is Schedule "A" to passed this~day of N72024'o0"E 36,58 s.w. Angle / Lot 14,Con.I J--< 306.455 By-law 92-_, , 1992A.D. LOT 14 CONCESSION I BASELINE ROAD WEST mZONING CHANGE FROM I Ml-5 I TO 'C5-111 Mayor o 10 20 1""""'- 10 5 0 BOWMANVILLE 40m . Clerk ... z o en en w () z o () SUBJECT SITE !;:_~oo 200 30~M . ~