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Home My WebLink AboutPD-307-87DN: 307-87 ,,,N~ •..,..i~~i w,„~„ ~, ~'~ . ~~ TOWN OF NEWCASTLE REPORT P'~-TII~: General Purpose and Administration Committee DATE: Monday, December 7, 1987 f ~ cL~ -~ /, ~~~ ` ~ `° ~~ ~ ,, File # ' ~ ~~~~C~ Or rr Res. # By-Law # T #: PD-307-87 FILF #: DEV 87-75, DEV 87-76 & DEV 87-77 ~~.~:~,~ ~~-35'0 .3~'`l ~c>•.~~., ~` SU~CT: REZONING APPLICATIONS - HARTWIG, HENDERSON & SPRACKLIN PART LOT 28, CONCESSION 5, FORMER TWP. OF CLARKE OUR FILES: DEV 87-75 (HARTWIG), DEV 87-76 (HENDERSON) & DEV 87-77 (SPRACKLIN) RECOMPh1ENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-307-87 be received; and 2. THAT the applications for rezoning of Part Lot 28, Concession 5, former Township of Clarke submitted by Mr. & Mrs. Hartwig, Mr. & Mrs. Henderson, and Mr. & Mrs. Spracklin to permit the parking of a commercial vehicle on each respective property be denied as the applications do not conform with the intent and policies of the Town of Newcastle Official Plan and the Durham Regional Official Plan nor the intent of Zoning By-law 84-63, as amended, being the Town of Newcastle's Comprehensive Zoning By-law; and 3. THAT a copy of said Report be forwarded to each applicant. BACKGROUND AND COMMENT: On September 29, 1987 the Planning Department received three (3) separate rezoning applications to rezone three (3) parcels of land located within Part of Lot 28, Concession 5, in the former Township of Clarke to permit each applicant to park a commercial vehicle over 4 tonnes on their respective properties. Staff would note ...2 C~-> REPORT NO.: PD-307-87 PAGE 2 for the Committee's information that File: DEV 87-75 (Hartwig) stated, within the Rezoning Application form, that the proposed use of the property would involve the parking of trucks and equipment with no outdoor storage. Files: DEV 87-76 (Henderson) and DEV 87-77 (Spracklin) respectfully noted within their rezoning applications, a request for permission to park one (1) commercial vehicle over 4 tonnes on their properties. The subject lands are designated as "Hamlet" in the Durham Regional Official Plan and the Town of Newcastle Official Plan. Within the Regional Official Plan, Section 10.4.1.1 states that the predominant landuse in Hamlets shall be for residential development. Within the Town of Newcastle Comprehensive Zoning By-law 84-63, the subject lands are located within the "Urban Residential Exception (R1-2) and (R1-13)" and "Environmental Protection (EP)" zones. With the exception of the "EP" zone which prohibits residential uses, the principle use of lands zoned "(R1-2)" and "(R1-13)" is residential and uses accessory thereto. Staff would note for the Committee's information that pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage acknowledging each application was installed on each subject property. In accordance with departmental procedures, the applications were circulated to obtain comments from other departments and agencies. Staff would note the following departments and agencies, in commenting, offered no objection to the applications as filed: - Town of Newcastle Building Department - Town of Newcastle Public Works Department - Town of Newcastle Fire Department - .Ministry of Natural Resources - Newcastle Hydro Electric Commission - Ganaraska Region Conservation Authority - Regional Health Unit ...3 ~c~~ REPORT NO.: PD-307-87 PAGE 3 Staff would note that the Regional Planning Department, in responding, noted: "In response to your notice of the above rezoning applications, we wish to provide the following comments on Official Plan conformity. The subject lands are located in the vicinity of Orono which is designated as a Hamlet in the Regional Official Plan and the Town of Newcastle Official Plan. The proposals may be permitted provided that the proposed use is accessory to the existing residential use." The Regional Works Department requested as conditions of approval, a seventeen (17) foot road widening along the total frontage of the three (3) lots. Additionally, the existing driveways must be upgraded to comply with Regional entranceway policy. zt is noted for Committee's information that in consideration of the applications, three (3) petitions supporting same have been filed with Town Staff (see attached) by the applicants. In addition, Staff have received one (1) letter offering no objection to the proposal (see attached). In consideration of the applications as filed, Staff have reviewed each with regards to the policies and provisions of the Durham Regional Official Plan, the Town of Newcastle Official Plan, and the provisions of the Town of Newcastle Zoning By-law. It is noted that within each Planning document, the principle use for the subject lands is residential. Accessory uses thereto are permitted provided they are carried out in accordance with the provisions within each document. Staff would note that within the Town of Newcastle Zoning By-law, an accessory use is defined as a use established during or after the establishment of the main use which is customarily incidental and subordinate and exclusively devoted to the main use of the lot. It is Staff's opinion that the parking of commercial vehicles is contrary to the intent of the accessory use provisions as defined within By-law 84-63. Furthermore, it is noted within By-law 84-63, provision is made within the "Agricultural" and "Industrial" zones for the parking or storage of commercial/transport vehicles. Staff would note that within the "Light Industrial (ML)" and "General Industrial (M2)" zones a transport or cartage depot is a permitted use. By definition, a transport or cartage depot shall mean a building or structure or lot where transport vehicles are kept for hire, rented, or leased, or stored, or parked for ...4 ~~c~ REPORT NO.: PD-307-87 PAGE 4 renumeration. Additionally, it is noted within the "Agricultural" zone, a maximum of two (2) commercial motor vehicles is defined under the Highway Traffic Act, as amended, may be parked or stored on any lot provided that such vehicle shall not be parked or stored within five (5) metres of an interior side or rear lot line and provided that, where such lot line abuts a residential zone or a lot which has a residential use thereon within 15 metres of such common lot line, the minimum setback from the common lot line shall be 10 metres. Staff would note that the subject properties are located within a "Residential" zone. The increased setback requirement to 15 metres from an interior lot line is in consideration of the residential usage of the lands. Staff would note that the subject lands, being residentially zoned and having frontages of 90 feet (27 metres) could not comply to the increased setback i.f they were located within an "Agricultural" zone. It is Staff's opinion that by permitting the parking of commercial vehicles only in either an "Agricultural" or "Industrial" zone, the potential of conflicts/incompatibility with residential uses is minimized. Staff would support this position by noting that, within the "Residential" zone, a home occupation is permitted provided that the home occupation is clearly secondary to the main accessory use and shall not change the residential character of the dwelling unit nor create or become a public nuisance due to traffic, noise and hours of operation. The Town of Newcastle Official Plan additionally notes that home occupations which do not create a nuisance through noise, smell, unsightly storage, or traffic may also be permitted. Within By-law 84-63, Section 3.10 entitled "Home Occupation" requires that several regulations are to apply to dwelling units wherein a home occupation is permitted. As noted above, the home occupation is to be clearly secondary to the main residential use and shall not change the residential character of the dwelling unit or create or become a public nuisance due to traffic, noise, and hours of operation. Secondly, there is to be no outdoor storage of goods or materials associated with a home occupational use. It is Staff's opinion that, if the applications were considered a home occupation, they would not comply to the above-noted provisions. ...5 ~ ~`~ REPORT NO.: PD-307-87 PAGE 5 __-__-~__®_______________________®---®-®_®___®___--_®®®_®___®®__®-®_.~~._-_e_--m- The intent of restricting certain home occupations from establishing within "Residential" zones is to protect the residential character of the area. 1t is Staff's opinion that the parking of commercial vehicles within a residential zone, would not support this objection and would not represent good planning. 1n consideration of the above comments and provisions within the Durham Region Official Plan, Town of Newcastle Official Plan, and Town of Newcastle Zoning By-law, Staff are not in a position to support the applications as filed. CRV*TTE*jip *Attach. November 27, 1987 CC: Mr. & Mrs. Hartwig R.R. #2 ORONO, Ontario LOB 1M0 Mr. & Mrs. Henderson P.O. Box 333 ORONO, Ontario LOB 1M0 Mr. & Mrs. Spracklin P.O. Box 384 ORONO, Ontario LOB 1M0 Recommended for presentation to the Committee r ~ wrence E otseff Chief Adm'~i ~irative Officer