HomeMy WebLinkAboutPD-21-91 TOWN OF NEWCASTLE
REPORT �
DN: DEV89-27 .GPA File #
Res. #
By-Law #
PUBLIC MEETING
MEETING: General Purpose and Administration Committee
DATE: Monday, January 21, 1991
REPORT #: PD-21-91 FILE #: DEV 89-027
SUBJECT: REZONING APPLICATION - GLYN JENKINS
PART LOT 29, CONCESSION 3, FORMER TOWNSHIP OF CLARKE
FILE: DEV 89-027
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1 . THAT Report PD-21-91 be received;
2 . THAT application to amend the Town of Newcastle Comprehensive
Zoning By-law 84-63, as amended, submitted by Glyn Jenkins on
behalf of Camsport Truck Cap Sales, be referred back to Staff for
further processing and the preparation of a subsequent report upon
receipt of all outstanding comments; and
3 . THAT the interested parties listed in this report and any
delegation be advised of Council's decision.
1. APPLICATION DETAILS
1 . 1 Applicant: Glyn Jenkins
1 .2 Owner: Ken Haines on behalf of OLCO Service Stations
1 . 3 Rezoning: From - "Service Station Commercial (C6) "
To - a zone appropriate to permit the storage and
sale of car and truck accessories
1 . 5 Area: 0. 25 hectares (0. 6 acres)
2 . LOCATION
2 . 1 The subject property is located in part of lot 29 Concession 3
former Township of Clarke. More specifically, the site is situated
north of the 3rd Concession Road on the west side of Highway
35/115 . . . . .2
REPORT NO. PD-21-91 PAGE 2
3 BACKGROUND
3 . 1 In 1989, the Town Planning and Development Department received a
complaint that Camsport Trucks had started a business on this site.
Upon being notified that he was not operating in compliance with
the zoning by-law, the applicant submitted a site plan application
for lands located within Part of Lot 28, Concession 3 former
Township of Clarke which were zoned to permit such a use. Mr.
Jenkins has since indicated that he wishes to situate his business
on the OLCO lands in Part of Lot 29, Concession 3 former Township
of Clarke . As these lands are zoned "Service Station Commercial
(C6) " , on November 22, 1990 Mr. Jenkins submitted this application
requesting that the lands be rezoned to permit the storage and sale
of car and truck accessories .
4 EXISTING AND SURROUNDING USES
4 . 1 Existing Uses: OLCO Service Station & Camsport Truck Sales
4 . 2 Surrounding Uses : East - Highway 35/115
West - Farmland
South - Concession Road Three and farmland
North - Farmland
5 OFFICIAL PLAN POLICIES
5 . 1 The subject lands are designated "Permanent Agricultural Reserve"
with indications of Hazard Land. Section 16 . 6 .5 of the Durham
Region Official Plan states that:
"this Plan is not intended necessarily to prevent the continuation,
expansion, or enlargement of uses which do not conform to the
designations and provisions of this Plan. At their sole
discretion, the Councils of the area municipalities may zone to
permit the continuation, expansion or enlargement of existing uses,
or the variations to similar uses . "
Inasmuch as this property is presently zoned to permit the Service
Station, the applicant is wishing to revise the zone thus
permitting the sale of trucks and car accessories .
6 ZONING BY-LAW PROVISIONS
6 . 1 The property in question is currently zoned "Service Station
Commercial (C6) " . This zone permits Motor Vehicle Fuel Bars and
Motor Vehicle Service Stations . . . . . 3
REPORT NO. PD-21-91 PAGE 3
6 .2 It is stated within the Durham Region Official Plan that the
determination of where Hazard Lands lie is left to each
municipality's comprehensive zoning by-law, Schedule 2 of By-law
84-63 shows the "Environmental Protection (EP) " area as being south
of the subject lands . This has been confirmed using the Ganaraska
Flood Plan Mapping.
7 PUBLIC MEETING AND SUBMISSION
7 . 1 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.
In addition, the appropriate notice was mailed to each landowner
within the prescribed distance.
8 AGENCY COMMENTS
8 . 1 In accordance with departmental procedures, the application was
circulated to obtain comments from other departments and agencies .
The following departments/agencies in providing comments, offered
no objection to the application as filed:
Town of Newcastle Fire Department
Durham Region Health Department
Durham Region Works Department
Ministry of Agriculture and Food
Ministry of Natural Resources
Ontario Hydro
8. 2 Both the Town of Newcastle Public Works Department and the
Community Services Department had no objection to the application
provided that their requirements are met. The Public Works
Department requested that the grading not be altered and the
Community Services Department asked that 2% cash-in-lieu of land
be paid to the parklands reserve account.
. . . .4
REPORT NO. PD-21-91 PAGE 4
8. 3 The following agencies have yet to respond to the Town's
circulation of this application:
Durham Region Planning Department
Ganaraska Region Conservation Authority
Ministry Transportation Ontario
9 STAFF COMMENTS
9 . 1 Staff note that notwithstanding that Camsport Truck Sales operation
has been established on site, if the rezoning application is
approved, an amending by-law will not be passed until such time as
a site plan agreement has been completed.
10 CONCLUSION
10 . 1 Staff recommend that this report be referred back to staff until
such time as comments have been received from all the circulated
agencies .
Respectfully submitted, Recommended for presentation
to the Committee
1 ��
'Fran li�n u;f 1� C. I .P. Lawrence Kotseff
DIrector of Planning Chief A i istrative
and Development Officer
HM*FW*cc
*Attach
11 January 1991
Interested parties to be notified of Council and Committee's decision:
Glyn Jenkins
R.R.#2
NEWCASTLE, Ontario LOA 1HO
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