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Home My WebLink AboutPD-70-91 V/ THE CORPORATION OF THE TOWN OF NEWCASTLE DN: DEV89027.GPA REPORT Meeting: General Purpose and Administration Committee File# LL L I Date: Monday, April 8, 1991 Res. # By-Law# Report#: File #: __DEV__R9-_027 Subject: REZONING APPLICATION - GLYN JENKINS PART LOT 29 CONCESSION 3 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-70-91 be received; 2 . THAT rezoning application DEV 89-027 submitted by Glyn Jenkins on behalf of Camsport Truck Cap Sales, to permit the storage, display and sale of truck accessories be APPROVED; 3 . THAT the amending by-law be passed at such time as the applicant has entered into a site plan agreement with the Town of Newcastle; and 4 . THAT the Region of Durham Planning Department and those 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 outdoor storage, display and sales of truck accessories 1 .4 Area: 0 .25 hectares (0 . 6 acres) . . . 2 r REPORT NO. : PD-70-91 PAGE 2 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 just north of the Third Concession Road on the west side of Highway 35/115 . 2 .2 Presently sited on the lands is an OLCO Motor Vehicle Service Station and Camsport Truck Cap Sales . 3. BACKGROUND 3 . 1 Mr. Jenkins owns and operates Camsport Truck Cap Sales . This business has been located on the above-noted site since May 1988 to present. These lands are zoned "Service Station Commercial (C6) " . It was since noted that Mr. Jenkins was operating a use which was not permitted in the "C6 " zone. 3 . 2 When Mr. Jenkins was made aware of this infraction, he submitted a site plan application for Camsport Truck Cap Sales to operate on property zoned "Special Purpose Commercial (C- 4 ) " located on the east side of Highway 35/115 in Part of Lot 28, Concession 3, former Township of Clarke. The "C4 " zone permits the establishment of retail sales activities for motor vehicle equipment and accessories . Although he made application to permit his business on different lands, Mr. Jenkins never moved from his original site on the west side of Highway 35/115 . 3 . 3 Mr. Jenkins decided not to move his business to the east side of the highway. Thus, in addition to the existing site plan application (on November 22, 1990) , he submitted a rezoning application to permit the Truck Cap Sales business where he is currently located. . . . in Part of Lot 28, Concession . . .3 i I REPORT NO. : PD-70-91 PAGE 3 3, former Township of Clarke, on the west side of Highway 35/115 . 3 .4 With the submission of a rezoning application, a Public Meeting was required as per Section 34 (12) of the Planning Act. This meeting was held on January 21, 1991. During this meeting, no one spoke in opposition to this application. 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 3 and farmland North - Farmland 5. OFFICIAL PLAN POLICIES 5 . 1 According to the Durham Region Official Plan, the subject lands are designated "Permanent Agricultural Reserve" with indications of "Hazard Land" . Lands designated "Permanent Agricultural Reserve" shall be used for predominantly farm and farm-related uses . Determination of where "Hazard Lands" lie is the responsibility of the respective area municipality and conservation authority. The Ganaraska Flood Plain Mapping and Schedule 2 of By-law 84-63 support that the hazard lands specified on Schedule A5 of the Durham Region Official Plan are situated south of the subject lands . 5 .2 Existing and new motor vehicle service stations may be recognized without amendment to the Durham Region Official Plan subject to the provisions as outlined in Section 8 .3 . 3. 3 a) b) c) , and provided the lands are zoned for this use. It . . .4 REPORT NO. : PD-70-91 PAGE 4 is through this provision that the OLCO Station is recognized and conformity with the Official Plan exists . 5 . 3 Section 16 . 6 . 5 of the Durham Region Official Plan permits the continuation of existing uses provided that the use does not have any adverse effect on surrounding uses or the implementation of provisions in the Regional Plan, that regard is given with respect to the Agricultural Code of Practice, that the site is accessible by an opened and maintained road, and that the use be subject to any conditions that are applicable in a district plan. In response, the use will be accessory to the service station and will not have any negative impacts on it. The Ministry of Agriculture and Food did not object to the application, and the site is accessible by Highway No. 35/115 . There is no secondary or district plan for this area, and Staff believe that this application will not impact any provisions of the Durham Regional Official Plan. 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 . Inasmuch as this property is presently zoned to permit the Service Station, the applicant is wishing to revise the zone to permit the storage and sale of truck accessories . 6 . 2 This use, if approved, will be accessory to the existing service station. This will be reflected in the fact that, if approved, the zoning will be "Service Station Commercial - . . .5 REPORT NO. : PD-70-91 PAGE 5 Special Exception" , thus having minimal impact on the existing service station. 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. 7 .2 The only correspondence received with respect to this application has been that of the applicant. 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 Ganaraska Region Conservation Authority Ministry of Transportation 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. The Community Services Department asked that 2% cash-in-lieu of land be paid to the parklands reserve account. . . .6 Ft 7 REPORT NO. : PD-70-91 PAGE 6 8 .3 The Durham Region Planning Department stated that the existing service station is permitted under Section 8 . 3 . 3 . 3 of the Regional Official Plan. It was also noted that "if the existing use is truck cap sales along with a gas station, then the Town may wish to consider allowing the use to continue in accordance with Section 16 . 6 .5" of the Durham Region Official Plan. 9. STAFF COMMENTS 9 . 1 The OLCO Service Station has existed on this site for approximately 20 years . The Township of Clarke Zoning By- law No. 1592, being the predecessor to the Town of Newcastle By-law 84-63, included the site within the "Highway Commercial (HC) " zone. In addition to permitting service stations, this zone also allowed the establishment of a retail travel trailer sales outlet. When the Town of Newcastle Comprehensive Zoning By-law 84-63 was adopted, only the service station was recognized and the lands were zoned "Service Station Commercial (C6) " . 9 .2 The lands presently zoned "Service Station Commercial (C6) " permit the present "Motor Vehicle Service Station" . If approved, the applicant will be permitted to have an outdoor display area for the purposes of selling motor vehicle equipment and accessories . The new zoning forwarded to Staff for Council's approval will be a "Special Exception to the C6 zone" hence permitting Mr. Jenkins business as being accessory to the existing service station. 9 . 3 Staff note that if this application is approved, a by-law will not be passed until such time as Mr. Jenkins has entered into a site plan agreement with the Town. . . .7 REPORT NO. : PD-70-91 PAGE 7 10. CONCLUSION 10 . 1 Staff recommend that this application (DEV 89-027) be approved and that the amending by-law be forwarded to Council at such time as the Site Plan Agreement has been entered into. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. La rence E. Kotseff Director of Planning Chief A istrative and Development Officer HM*FW*jip *Attach 14 March 1991 INTERESTED PARTIES TO BE NOTIFIED OF COUNCIL AND COMMITTEE'S DECISION: Glyn Jenkins R. R. #2 Newcastle, Ontario LOA 1H0 SUBJECT SITE LOT30 29 28 LOT 27 CONCESSION ROAD 4 i ! E,p t . i a Q: I M ! 1- Z cr 6 C6 ° o C., -f C4 w . -' C6-4' u Z • C4 EP ° C6 C4 CONCESS ION ROAD 3 KEY MAP 0 100200 4°�°m � 200 100 0 Dev. 89-027