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HomeMy WebLinkAboutPD-211-89DN o KIY REPORT File Res. # By-Law # MEETING: General Purpose and Administration Committee DATE: Tuesday September 5, 1989 ROUT #e PD- 211 -89 FILE #: DEV 88 -60 SUBJECT: REZONING AND SITE PLAN APPLICATION - SANDRA KIY PART LOT 19, CONCESSION 51 FORMER TOWNSHIP OF DARLINGTON (HAMLET OF HAMPTON) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 211 -89 be received; 2. THAT the rezoning application submitted by Mrs. Sandra Kiy to rezone a parcel of land to permit the restoration and sale of automobiles be approved and the amending by -law be forwarded to Council at such time as the site plan agreement has been executed; and 3. THAT the applicant and persons listed be so advised. 1. BACKGROUND 1.1 On September 6, 1988, Committee considered Staff Report PD- 176 -88 (Attached hereto) in consideration of an application to amend the Town of Newcastle Zoning By -law 84 -63. The application would permit the restoration and sale of automobiles, in particular, antique automobiles, in the Hamlet of Hampton. ...2 587 REPORT NO.: PD- 211 -89 PAGE 2 1.2 Staff had recommended approval of the Zoning By -law Amendment and intended to forward the amending by -law to Council at such time as a site plan agreement had been executed. 2 PUBLIC MEETING 2.1 At the Public Meeting held September 6, 1988, a number of residents spoke in opposition to the amendment. 2.2 Mr. Joe Guest, R. R. 1, Bowmanville, L1C 3K2, indicated that the residents in the area did not want a used car lot in their neighbourhood. He indicated that the property has become an eyesore. Mr. Guest filed with the Deputy Clerk, a petition of neighbours in opposition to the development. 2.3 Mr. Harold Potter, 170 Windsor Street, Oshawa, Ontario, indicated that he is developing a subdivision across the road from the subject property. He stated that he must build estate homes in his subdivision and that he will not be able to sell homes with such an operation going on across the road. 2.4 Mrs. Rosevear, R.R. 1, Bowmanville, Ontario, L1C 3K2, indicated that the service station was a clean thriving business until it changed hands two years ago. She stated that now there is constantly a row of used cars that sit outside the fence and she indicated that property values in the areas are depreciating. 2.5 Mr. Duff Brown, Box 178, Hampton, Ontario, LOB 1JO, stated that the applicant has erected a new fence, however, he does not feel that the fence adequately protects all of the residents in the area. Mr. Brown also has concerns over the hours of operation and he stated that this business is definitely not a benefit to the community. 2.6 Resulting from the public meeting, Committee resolved to table the application to allow the Director of Planning and Development an opportunity to meet with the applicant and area residents to discuss their concerns. J ...3 3 RESIDENTS MEETING 1 I 3.1 Pursuant to Committee and Council Resolution, Staff held a residents meeting on December 19, 1988. 3.2 The residents noted that the site had a number of cars and /or car parts which were located in the side yard and behind the buildings. Although the applicants had provided fencing along the front of the property, the wrecks can be seen, if travelling south on Old Scugog Road. 3.3 The building itself had deteriorated over the past number of years and requires restoration, as well. 3.4 One area resident noted that the hours of operation also varied throughout the week and weekend. 3.5 The applicant noted that the car parts were required for refurbishing other cars. He also noted that he usually has five cars at any given time that are totally restored and are for sale. In addition, the applicant is intending to renovate and paint the existing building, and landscape the site in the future. 4. STAFF COMMENTS 4.1 As noted within Staff Report PD- 176 -88 the subject lands are located within the Hamlet of Hampton. Policies and land use schedules for Hampton have been established and in that regard the subject property has been designated as commercial. Section 9.6 of the Town of Newcastle Official Plan states that commercial uses shall be developed that are of size, character and complementary to the character of the Hamlet. Inasmuch as the use has existed in Hampton either in the form of selling gas, a garage and /or selling automobiles, for a number of years, Staff is of the opinion that the use could be considered complementary and in character in the Hamlet provided that the site appearance and the hours of operation were addressed. ...4 I� H 4.2 Through the implementation of a Site Plan Agreement, Staff would require the applicants to provide landscaping and fencing, particularly along the north property line. In addition, the number of automobiles used for restoration purposes would be limited as well as the number of vehicles to be sold and the location thereof. 4.3 The Conservation Authority offered no objection to the proposal provided the site will not be used for the storage or use of paints, thinners or other refinishing materials, since the Bowmanville Creek traverses the subject property to the rear. The use and storage of these such materials shall also be recognized within the site plan agreement in consideration of their concerns of seepage into the creek. 5. CONCLUSION AND RECOMMENDATION: 5.1 Staff would respectfully recommend that the application for rezoning be APPROVED and an amending by -law forwarded to Council once the completion and execution of a Site Plan Agreement. Respectfully submitted, Frankli , M.C.I.P. Director of Planning & Development CRV *FW *jip *Attach. August 28, 1989 Recommended for presentation to the Committee awrence E. Kotseff III-CL Administrative Officer 59 0 ...5 Uwogffin� Mr. & Mrs. F. Kiy R.R. #1 HAMPTON, Ontario LOB lJO Mr. & Mrs. J. Guest R.R. #1 BOWMANVILLE, Ontario LlC 3K2 Mr. Harold Potter 170 Windsor Street OSHAWA, Ontario LlH 6G3 Mrs. Rosevear R.R. #1 BOWMANVILLE, Ontario LlC 3K2 Mr. D. Brown Box 178 HAMPTON, Ontario LOB 1JO Mr. Timothy Jozkoski R.R. #1 HAMPTON, Ontario LOB lJO " yy`im �rMlo'u'�, •+ a :.,; T 0 W N; 0 F'.: NEWCASTLE �s REPORT METING: General Purpose and Administration Committee DATE: Tuesday, September 6, 1988 REPORT #: PD. 176 -88 FILE #: DEV 88 -60 SUBJECT: REZONING APPLICATION - SANDRA KIY PART LOT 19, CONCESSION 5, FORMER TOWNSHIP OF DARLINGTON DEV -88 -60 File # Res. # By -Law # RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 176 -88 be received; and 2. THAT the rezoning application submitted by'Mts. Sandra Kiy to zezone a parcel of land to permit the restoration and sale of automobiles be approved and the amending by -law be forwarded to Council at such time as the site plan agreement has been executed; and 3. THAT the applicant be so advised. 1, BACKGROUND: 1.1 On June 2, 1988, the Planning Department received an application to amend By -law 84 -63 submitted by Mrs. Sandra Kiy. The application would allow the restoration and sales of automobiles, particularly antique automobiles, in the Hamlet of Hampton. ...2 REPORT NO.: PD- 176 -88 PAGE 2 1.2 Staff would note for the Committee's information that the application was submitted as a result of an application to Ministry of Consumer and Commercial Relations for License Renewal under the Motor Vehicle Dealers Act to permit the sale of automobiles. The Ministry requires confirmation from the local municipality that the sale of automobiles is a permitted use. Planning Staff in response noted, that the subject lands were presently zoned as "Special Purpose Commercial (C6)" and "Environmental Protection (EP)" by By -law 84 -63. The 1106" zone would only permit motor vehicle fuel bar, motor vehicle service station and sale of confectionary items accessory to the primary use, noting that the sale of automobiles is not a permitted use. The Ministry, therefore could not renew the license and subsequently staff was approached by the applicant. 1.3 The applicant had recently purchased the property with the understanding that the sale of cars was a permitted use, noting that the previous owner had also sold cars. In that regard, the applicant presented a copy of a license to sell cats issued in 1977 to Greenaways Garage. Given this, the use has been considered as legal.-non-conforming. However, this application considers the use to be legal under By -law 84 -63 as well as determine specific details through site plan agreement. 2. LOCATION: 2.1 The subject property is located on the west side of Old Scugog Road, approximately 2.5 km north of Taunton Road, in the Hamlet of Hampton, being Part of Lot 19, Concession 5, in the former Township of Darlington. 3. SURROUNDING LAND USE: 3.1 The general land uses surrounding the subject lands indicate residential uses are predominant to the east, and south of the subject lands. Directly to the north is a pasture for grazing livestock as well as a small barn. Directly to the west or actually behind the garage is a tributory of the Bowmanville Creek, surrounded by primarily decidous trees. ...3 1 , PAGE 3 REPORT NO.: PD- 176 -88 4. PUBLIC NOTICE: 4.1 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 the application was installed on the subject lands. 5. OFFICIAL PLAN CONFORMITY: 5.1 The subject lands are designated as "Hamlet" in the Durham Regional Official Plan. Section 10.4.1.1 notes that the predominant use of lands within the Hamlet would be for residential purposes. However, limited commercial uses may be permitted under this Section. 1 f Staff would note that a study for a Hamlet Plan for Hampton has currently been undertaken by a consulting firm and since the service station has been established for quite sometime •the use will be recognized by the new Hamlet Plan. 6. CIRCULATION: 6.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. Staff would note the following departments /agencies in providing comments, offered no objections to the application as filed. Town of Newcastle Fire Department Town of Newcastle Public Works Department Durham Regional Health Services The Ministry of Natural Resources offered no objection to the rezoning, however noted that the Bowmanville Creek is a significant coldwater creek for trout species, and requested that the "Environmental Protection" zoning be retained as such. 594 ...4 PAGE 4 REPORT NO.: PD- 176 -88 7. STAFF COMMENTS: 7.1 In reviewing the application, staff noted that existing service station building has two (2) bays for the restoration of antique cars. The building also has office facilities and a resident above. In addition, a detached three (3) car garage would be retained. The applicant had stated that this use has been existing. Staff have further noted, that there are approximately fifteen to twenty cars and /or parts of cars, obviously to be refurbished in the subject lands. Staff, through the site plan agreement would require these cars to be screened, by way of fencing and landscaping. 7.2 The applicants have indicated that they are not interested in the sale of fuel, but only interested in the restoration and sale of approximately five antique cars at one given time. 7.3 Given the above noted comments, Staff would respectfully recommend that the by -law be approved and would be forwarded to Council at such time as the site plan agreement has been executed. Respectfully submitted, dvvll� Franklin Wu Director of Planning & Development cv*FW *bb *Attach. August 12, 1988 M Recommended for presentation to the Committee Lawrence E. Kotseff Chief Administrative Officer Dev. 88 -60 7 Z O_ W U Z O U Dj