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HomeMy WebLinkAboutPD-78-91 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: DEV90056 REPORT General Purpose and Administration Committee Meeting: File# Date: Monday, April 8, 1991 Res. # PD- 78 -91 DEV 90-056 By-Law# Report#: File #: Subject: REZONING AND SITE PLAN APPLICATION - SUSAN AND FRANK SHANE PART LOT 12, CONCESSION 1, FORMER TOWN OF BOWMANVILLE FILE: DEV 90-056 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 78 -91 be received; 2 . THAT application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Susan and Frank Shane be approved and that a zoning by-law amendment be brought forward for Council's approval at such time the applicant has entered into a Site Plan Agreement to the Town's satisfaction; 3 . THAT the interested parties listed in this report and any delegation be advised of Council 's decision. 1. APPLICATION DETAILS 1. 1 Applicant: Susan and Frank Shane 1 .2 Rezoning Application: from "General Commercial (Cl) to an appropriate zone to recognize an existing motor vehicle sales establishment and accessory apartment unit. 1. 3 Land Area: 513. 7 m2 (5530 sq. ft. ) 2. LOCATION 2 . 1 The subject property is located in Part Lot 12, Conc. 1, former Town of Bowmanville. The lands are on the south west corner of Church Street and Silver Street, north of King Street (Highway No. 2) and east of Scugog Street. The subject property is municipally known as 18 and 22 Silver Street. 1`49 REPORT NO. PD- 78 -91 PAGE 2 3 . BACKGROUND 3 . 1 An application was received by the Town of Newcastle Planning and Development Department on June 22, 1990, proposing to rezone 18 and 22 Silver Street to legalize an existing motor vehicle sales establishment (Darlington Auto Sales) and allow for an expansion of same on adjacent lands to the south. The expansion would introduce administrative offices within the existing building while maintaining an accessory apartment unit on the second floor. In addition, the applicant proposes to store and display vehicles in the front and rear of the existing building in conjunction with the existing motor vehicle dealership. 3 . 2 At the Public Meeting for the subject application concerns were expressed from neighbouring land owners with respect to drainage problems stemming from the subject property. As a result in dealing with the application, Committee and Council referred the matter back to Staff and directed Staff to investigate the drainage problems identified with the site relative to impact on abutting property owners. 4 EXISTING AND SURROUNDING USES 4 . 1 The subject lands are comprised of 18 and 22 Silver Street. Darlington Auto Sales has been in existence at 18 Silver Street for approximately 13 years, previously the site was used by Roy Nichols as an automobile sales establishment since 1942 . The balance of the lands have been used for a commercial retail sales outlet until recently. Presently the site is been utilized for the uses proposed. 4.2 Surrounding land uses include: South: retail commercial including Trams Tailor and the McCabes Cheez-Nook as well as residential uses . East: Akers Auto Glass, Pineridge Automotive Supply and the Liquor Store. North: St. Paul's United Church and residential dwellings . REPORT NO. : PD- 78 -91 PAGE 3 West: mix of residential and commercial uses including Grant's Soft Laser Inc . ; VanDyk Real Estate Limited; and Television Service Co. 5 . PUBLIC MEETING AND RESPONSE 5 . 1 Pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage acknowledging the application and advising of the September Public Meeting was installed on the subject lands. In addition the notice was mailed to each landowner and tenant within the distance as prescribed by the Planning Act. 5 .2 Two neighbours appeared at the Public Meeting expressing concern with the proposed development. Mr VanDyk, a neighbour to the west of the subject lands advised that the applicants have removed fences without notifying adjoining property owners . He indicated that the applicants have no respect for property boundaries and park their cars encroaching onto neighbouring yards . As well he noted a concern of numerous vehicles being parked on the street, utilizing on-street parking required for other businesses in the area. 5. 3 Florence Nadean an adjacent land owner advised the Committee of drainage problems with the site, including water running into her basement when vehicles were washed on the subject property. 6 OFFICIAL PLAN POLICIES 6 . 1 Within the Durham Regional Official Plan the subject property is identified within the Bowmanville Main Central Area. Main Central Areas are to be planned and developed as the focal point of activity, providing an integrated array of commercial, community, recreational and residential uses . Section 16 . 6 .5 of the Regional Official Plan contains policies with regards to expansion of non- conforming uses . The application would appear to comply. REPORT NO. : PD- 78 -91 PAGE 4 6 .2 Within the Town of Newcastle Official Plan the subject property is located within the Bowmanville Main Central Area and further identified as being within the "Commercial Predominant Use Area" . The Official Plan policies for the Main Central Area state the area shall serve as the main focal point of economic and social activities within the Town. Section 7 .4 .2 of the Town's Official Plan also contains provisions for the expansion of non-conforming uses . This shall be discussed further in Section 9 of the Report, Staff Comments . 7 ZONING 7 . 1 The subject lands are zone "General Commercial (C1) " which permits numerous retail establishments traditionally found within a downtown or 'main central area' . An automobile dealership is not recognized as a permitted use within said zone. The existing automobile sales operation at 22 Silver Street is considered a legal non-conforming use. The lands at 18 Silver Street have recently been converted from a permitted retail sales establishment to the uses proposed by this application and require a zoning by- law amendment in order to be considered legal and permitted to continue. 8 AGENCY COMMENTS 8 . 1 In accordance with departmental procedure the subject application was circulated to a number of agencies and departments for comment. Newcastle Community Services Department, Newcastle Fire Department and the Newcastle Hydro Electric Commission have all responded they have no objection to further processing the Rezoning and Site Plan application. 8 .2 The Town of Newcastle Public Works Department advised that they have no objection to the application in principle subject to the applicant satisfying various conditions . The applicant will be required to maintain positive drainage towards the road at all times; the applicant shall grant free and clear of any encumbrance any easements required by the Town. REPORT NO. : PD- 78 -91 PAGE 5 8 . 3 The Region of Durham Planning Department has provided comments as follows . The site is located within the Bowmanville Urban Area "Main Central Area" designation of the Regional Official Plan. Said designation permits an array of shopping, personal and business services, office, institutional, community, recreational and residential uses . In the Town's Official Plan, the site falls within the "Commercial Predominant Use Area" of the main Central Area designation. Full municipal service are available to the site. Section 16 . 6 .5 of the Durham Regional Official Plan contains provisions for the expansion of existing non-conforming uses. The application would appear to comply. 9 STAFF COIIlMNTS 9 . 1 The subject lands are within the "Main Central Area" designation in both the Durham Regional Official Plan and the Town of Newcastle Official Plan. Said designation encourages a full integrated array of shopping, personal and business service, office, institutional, community, recreational and residential uses . However, an automobile establishment is not encouraged to be located within the Main Central Area. Such use should be located on lands designated as "Special Purpose Commercial" and located in areas exposed to higher traffic volume and occupying larger tracts of land. 9 .2 Both Official Plans allow Council to consider a rezoning application of existing non-conforming uses or expansions thereto on its own merits . The subject proposal must not create an adverse effect on the present use of surrounding lands or unduly aggravate the situation created by the existence of the use. In addition, any extension/enlargement shall be in an appropriate proportion to the size of the non-conforming use. Furthermore, the non- conforming use/or the expansion should not be a nuisance to or incompatible with the surrounding areas . The surrounding areas should be protected where necessary by the appropriate landscaping, buffering or screening to be imposed through site plan approval. In consideration of the above criteria and recognizing the motor vehicle sales use has been in existence for a long time. Staff are i 1 REPORT NO. : PD- 78 -91 PAGE 6 satisfied that approval of the proposed rezoning application is in compliance with both Official Plans . 9 . 3 In reviewing the rezoning and site plan application, issues have arisen which will be detailed through the site plan agreement. The site plan as proposed indicated the applicant intends to display vehicles immediately in front of the dwelling (18 Silver Street) . This in fact has been the practice of the applicant since those lands were purchased. The front yard setback of the dwelling at 18 Silver Street is 4 . 64 ft. ( 1.4 m) which means that the vehicles parked in this area are encroaching on the Town's road allowance. The Town's Comprehensive Zoning By-law requires all parking spaces to be a minimum 2 . 75 m x 5.7 m (9 . 0 x 18. 7 ft) . There is clearly insufficient front yard setback to permit the continued display of motor vehicles in this location. Staff would suggest that this area should be landscaped in an appropriate manner. The amending Zoning By-law will reflect this prohibition. 9 .4 The drainage issue, raised as a concern by neighbouring land owners has been reviewed by Planning Staff in conjunction with Public Works Staff. Public Work's Staff have advised that positive drainage from the subject site to the road must be maintained. Staff have concluded that a curb (paved) bordering the perimeter of the vehicle display area would be appropriate. The curb would reduce if not eliminate water run-off from the subject site to adjacent lands and would assist in maintaining positive drainage towards the road. 9 .5 Fencing was also raised as a controversial issue with neighbouring land owners . The applicant has proposed to construct a fence on the perimeter of the subject lands . This will ensure that encroachment of vehicles on neighbouring lands is no longer an issue. 9 . 6 Should Committee/Council deem it appropriate to approve the rezoning application, the site plan details must be finalized to REPORT NO. : PD- 78 -91 PAGE 7 the Town's satisfaction and in accordance with the design criteria of the Town prior to a zoning by-law amendment being forwarded to Council. 10 CONCLUSION 10 . 1 In consideration of the comments contained in this report, staff have no objection to the proposed rezoning application subject to conditions in the recommendation. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. Lawrence E otseff DIrector of Planning Chief Admi i trative and Development Officer CP*FW*cc *Attach 14 March 1991 Interested parties to be notified of Council and Committee's decision: Susan and Frank Shane R.R. # 1, Box 16 HAMPTON, Ontario LOB 1J0 George VanDyk 181 Church Street BOWMANVILLE, Ontario L1C 1T8 Florence Nadean 16 Silver Street BOWMANVILLE, Ontario L1C 3C3 I . i J TO _ -T- LL r _ 1 �, ! � SJ'tS'j 48808 MF f-�^__ -= t•n...^-.�. 10 k)R �wn CI 9 f. ' 79 B3 r.j T 951679 SEi �. v -OCKK v ~`ILOCK K 1 v \� A 951!;7 I i� G 5? A N' .; et , 00 Got. PL N73049'50'W 9125lnst95x678set PL. o J Posr A'C WIRE FENCE o ! L_ PART. '1 L-X821 i � Gb I .. 116.23' EW uj A 1'` 'ry TrC7ri IW2 STY l,vJ I 1 V- •/3 JJ J INSUC.- CRICK OwELL1NG W METAL SHED I 18 SILVEi Sr N Y,4C` V N74�H'20�'W 83.58' .,tow - °T --�(�° 67.35 EDGE cr EAVE PL.WIt. 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