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HomeMy WebLinkAbout75-137I� REPORT ON ZONING APPLICATION FOR MARGARET BEAUPF� E - HIGHWl'iY i'll _ AND AT THE CLARKS 8TH LINEs- 1. Purpose of Applications On March 139 19759 an application was received regarding Lot 249 Concession 89 Clarke Township. This application requested the rezoning of this site to Highway Commercial in conformity with the existing boat, motor and snowmobile retail outlet. 2. Official Plan Provisions: The site is designated "Commercial" in the Interim District Plan. Since this designation permits "vehicle sales or rental est- ablishments"9 in Commercial Areas adjacent to Provincial Highways, it would appear that this proposal conforms with the Plan. 3. Zoning Provisions: The subject site is zoned "Agricultural" in the Clarke Zoning By-law. However, since the existing use preceeds the passing of this By-law, it is considered a legal non -conforming use. The applicant wishes to rezone the site "Highway Commercial". The Clarke Zoning By-law permits "a sporting goods service centre" in this zone. Because no indication is given of what exactly con- stitutes a sporting goods service centre, it is difficult to deter- mine if this proposal conforms to these zone provisions. 4. C' c at.on of Applications This application was circulated to the following agencies for comments* - 2 - 4. (continued)....... (1) Ontario Provincial Police (2) Ministry of the Environment (3) Durham Health Unit (4) Ministry of Transportation and Communication (5) Newcastle Works Department (6) Newcastle Building Department (7) Newcastle Fire Department The Ministry of the Environment did not reply and it was assumed that they had no comment. 5. Resume of Comments. (1) The Ontario_ Provincial Police - stated that they had no objections to this proposal. (2) The Durham Health Unit - stated that they had no objections to this application for rezoning. (3) The Ministry of Transportation_and Gommun- ic ti 11—s - stating that proposal would not affect Highway #115 and #35 since entrance to the property is from a Township Road. They stipulated that a Building Application be requested for any building within 150 feet of the property line. (4) The Newcastle Works DeUartment - stated that they had no objections to the application since the proposed use is for a Highway Commercial Retail Sales outlet. (5) The Newcastle Building Department - stated that they had no objection to this proposal. (6) The Newcastle Fire Department - states that TR—ey--Ea-dno o•Jec ions, provided that the following requirements were met. 1. A fire safe building design9 as it pertains to fire safety. 3 - - (6)(continued)....... 2. Provide necessary fire exting- uishers of the type and number as to occupancy. 3. Fire access routes to and from all buildings. 6. Recommendations: (1) Since this application attempts to change a legal non -conforming use to a conforming use, there would be no great harm in grant- ing the rezoning. For this reason, it is recommended that one acre surrounding the land presently used for the existing com- mercial outlet be zoned Highway Commercial with a special con- dition permitting the sale and servicing of boats, motors and. snowmobiles. The area to be zoned commercial should be the min- imum required by the zone provisions. The zone provisions of the Highway Commercial zone in the present by-law are summarized in the attached table. (2) Since we are now well. into the preparation of a new zoning by-law for the whole town, it is recommended that this development be recognized in the new by-law rather than proceeding with an amendment to the existing by-law. (3) In order to ensure that, there will never be a direct entrance onto or adjacent to the highway, the applicant should be required to convey a one foot reserve to the town along the high- way frontage and along Concession Road 8 up to the present entrance. Respectfully submitted, !/ 1 Go ge F. Howden, ` Planning Director. - 4 - HIGHWAY COMERCIAL ZONE PROVISIONS 1. LOT FRONTAGE 2. LOT AREA 3. LOT COVERAGE 4. FRONT YARD DEPTH 5. REAR YARD DEPTH 6. SIDE YARD 7. SETBACK 8. PARKING 150 feet 1 acre 30% 50 feet 30 feet 25 feet 110 feet 1 space for every 200 feet of com- mercial floorspace