HomeMy WebLinkAboutPD-47-92 THE CORPORATION OF THE TOWN OF NEWCASTLE
DN: DEV91030.GPA REPORT
Meeting: General Purpose and Administration Committee File# PL±°p
Date: Monday, February 17, 1992 Res. #L, L.L
By-Law#
Report#: PD-47-92 - File#: DEV 91-030
Subject: REZONING APPLICATION
RANDY HENRY OF BEHALF OF OSHAWA WOOD PRODUCTS
PART LOT 29 & 30, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON
FILE: DEV 91-030
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-47-92 be received;
2 . THAT application to amend the Town of Newcastle Comprehensive
Zoning By-law 84-63, as amended, submitted by Randy Henry on
behalf of Oshawa Wood Products be APPROVED
3 . THAT the amending by-law be forwarded to Council at such time as
the applicant has entered into a site plan agreement with the
Town.
4. THAT the Durham Region Planning Department, and all interested
parties listed in this report and any delegation be advised of
Council's decision.
1. APPLICATION DETAILS
1. 1 Applicant: Randy Henry
1. 2 Owner: Oshawa Wood Products
1. 3 Rezoning: From "Special Purpose Commercial (C4-2) " to a
zone appropriate to permit the temporary
establishment of a flea market and auction centre.
1.4 Area: 4 . 24 hectares
2 . LOCATION
2 . 1 The lands are situated on the north side of Bloor Street, just
west of Courtice Road. The municipal address being 1696 Bloor
Street. The property straddles lots 29 and 30 in Concession 2 ,
former Township of Darlington.
4 2
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REPORT NO. PD-47-92 PAGE 2
3 BACKGROUND
3 . 1 A rezoning application to establish a temporary use bylaw on the
subject lands was received on June 21, 1991. The previous use,
known as "Henry Buildall" ceased operations in the spring of
1991. It is the applicant's intention to operate a flea market
and auction centre from the site. Presently there exists nine
(9) buildings on the site. Two of these structures will be
demolished, three will be used for storage, and the remaining
four will be used for retail purposes. The indoor sales area
will have approximately 3125 square metres of floor area. There
will also be an outdoor sales area of approximately 5763 square
metres in size.
The applicant's consultant has advised the Region that they are
anticipating a maximum attendance of 2500 people and that they
intend to have food vendors on the site.
4 EXISTING AND SURROUNDING USES
4. 1 Existing Uses: vacant - previously was "Henry Buildall"
4. 2 Surrounding Uses: East - Farmland
West - Farmland
South - Farmland and Courtice South Public
School
North - Farmland
5 OFFICIAL PLAN POLICIES
5. 1 According to the 1976 Durham Region Official Plan, the subject
lands are designated "General Agricultural Area" . Lands
designated as such shall be primarily used for agricultural
purposes.
Within the Regionally Approved 1991 Durham Region Official Plan,
the lands appear to be designated "Living Area" . Lands so
designated shall be for residential purposes.
However, both Official Plans state 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 . . . provided that such uses: " . . . 3
REPORT NO. PD-47-92 PAGE 3
a) have no adverse effect on the present uses of the
surrounding lands or the implementation of the provisions of
this Plan;
b) have regard for the Agricultural Code of Practice as amended
from time to time, if applicable;
C) are accessible by a public road which is maintained by the
appropriate authority as open to traffic on a year-round
basis and is of a standard construction adequate to provide
for the additional traffic generated by the proposed use;
and
d) are subject to any conditions that may be contained in a
district plan.
This section goes on to state: "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. "
6 ZONING BY-LAW PROVISIONS
6. 1 According to the Town of Newcastle Comprehensive Zoning By-law
84-63 , as amended, the site is presently zoned "Special Purpose
Commercial Exception (C4-2) 11 , permitting a building supply
outlet.
6.2 The applicant has applied to have a flea market and auction
centre operate, temporarily, on the subject lands. Section 39 of
the Planning Act states that council may pass a by-law
authorizing the temporary use of land, building, or structures
for a purpose or use that is otherwise prohibited by the
Comprehensive Zoning By-law. The adopting by-law must state a
period of time for which the by-law shall be in effect, and it
shall not exceed three years from the day of passage of the
temporary use by-law. Upon expiry of the time period as set out
in the adopting by-law, Council may grant the temporary use by-
law to be extended for periods of not more than three years.
4
D 0 . . .
REPORT NO. PD-47-92 PAGE 4
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 A letter has been received from a concerned neighbour. The
letter states that they oppose the request to change the use from
a lumber yard, to a flea market and auction barn. They believe
that if approved, it would have a detrimental effect on their
property value, increase traffic and noise levels, require extra
police patrol, and they are concerned about the safety and
protection of their property. They also questioned if the
sanitary facilities would meet health standards. And, lastly
they recognize that the proposal is temporary, but once approved,
they believe it would be easy to obtain an extension to continue
the use in perpetuity.
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:
Ministry of Natural Resources
Ministry of Agriculture and Food
Ministry of the Environment
Ontario Hydro
8 . 2 A number of agencies have no objection to this application,
provided that the applicant has satisfied any concerns they might
have. The Town of Newcastle Building Department has noted that a
"change of occupancy permit" will be required prior to the
issuance of any building permits required for the proposed
renovations.
X51 . . .5
REPORT NO. PD-47-92 PAGE 5
8 . 3 The Town of Newcastle Fire Department requests that an occupancy
load be established in accordance with the building code. Also,
adequate exits must be in place to handle the proposed occupancy
load.
8.4 The Town of Newcastle Public Works Department has asked that
prior to site plan approval, engineering drawings must be
submitted to the satisfaction of the Works Department. They have
also requested that a Stormwater Management Report and Lot
Grading Plan be submitted, that any easements required by the
Town be granted free and clear of any encumbrances, and that the
Works Department be satisfied financially and/or otherwise.
8 . 5 The Durham Region Planning Department noted that provided the
Region's Health Services and Works Departments concerns are
resolved to their satisfaction, the Planning Department would
have no objection to this application. In their comments, they
did however note that "Section 16. 6. 5. of the 1976 Durham Region
Official Plan states, at their sole discretion, local Council may
determine whether the proposed change in zoning category is
appropriate, whether it meets the criteria set out therein and
whether it should be subject to site plan controls. "
8 . 6 The Durham Region Health Unit have no objection to this proposal
provided that compliance with the report submitted by Gibson and
Associates Ltd (no. F-878, November, 1991) regarding private
sewage disposal is maintained.
8 .7 The Durham Region Works Department have requested that a 5. 18 m
road widening along Bloor Street be conveyed to the Region free
and clear of all encumbrances. Additionally, they have requested
that the two access points are to be in line with the fire route.
The applicant has made these changes on the revised plan. The
Works Department have also asked that approval and permits be
obtained for the well and holding tank.
. . . 6
REPORT NO. PD-47-92 PAGE 6
8.8 The Central Lake Ontario Conservation Authority have concerns
about an increase in overland flow if the parking area is to be
paved. The applicant has indicated that the parking area will be
gravelled. They also requested that if a septic system is to be
installed, the potential impact on the groundwater and the
adjacent watercourse should be assessed. Since a holding tank
will be used rather than a septic system, this concern has been
dealt with. Lastly, the applicant must obtain written permission
from the Conservation Authority prior to any on-site grading.
8. 9 The Northumberland and Newcastle Public School Board note that
the Courtice South Public School is located just south of the
site. They have expressed concerns regarding the potential
traffic that could be generated by this proposal, and the safety
of the children. The Board noted that if the facility operated
on weekends and in the evenings, this would minimize their
concerns regarding safety of the children. The applicant has
confirmed with the Town and the School Board that the hours of
operation will be limited to weekends and evenings.
9 COMMENTS
9 . 1 It is staff's opinion that a building supply outlet and a auction
barn/flea market possess similar characteristics. For instance,
both activities are commercial in nature and require a larger
site for their activities to be carried on. The noise and
traffic generated by both activities are accompanying elements of
the uses. The building supply outlet required the use of
forklifts to move merchandise, while the auction barn/flea
market, during peak consumer activity, generates noise being of a
vehicular/pedestrian nature.
9. 2 In response to the neighbours concerns Staff can not assess
whether a change in use will have a negative impact on the value
of surrounding properties, or whether policing of the site will
be required. The proposed sanitary facilities have been accepted
. . . .7
REPORT NO. PD-47-92 PAGE 7
by Durham Region Health Services. With Bloor Street being a
Regional Road, the Regional Works Department did not highlight
any concerns they had regarding a potential increase in traffic.
9. 3 The applicant has requested that the Town of Newcastle
Comprehensive Zoning By-law be amended to permit a temporary use
on the site. In order to permit a temporary use, a by-law
authorizing a temporary use must be passed by Council. Section
39 of the Planning Act deals with Temporary Zoning, and Section
39 (2) states that the by-law must state the time for which the
authorization shall be in effect and shall not exceed three years
from the date of passing of the by-law. Section 39 (3) does
permit Council to extend the period of time in which the
temporary use is permitted. Any further extension(s) requires
the Council's approval. Council in reviewing such requests have
opportunity to assess whether the use has an adverse effect on
the surrounding lands.
10 CONCLUSION
10. 1 With respect to the above-noted comments, Staff recommend that
this application be approved, and that a by-law will be forwarded
to Council when the site plan agreement has been entered into by
the applicant.
Respectfully submitted, Recommended for presentation
to the Committee
p- r
Franklin Wu, M.C. I.P. Lawrence Kotseff
DIrector of Planning Chief AdYfti strative
and Development Officer y
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Attachment # 1 - Key Map
Attachment # 2 - Proposed Site Plan
6 February 1992
REPORT NO. PD-47-92 PAGE 8
Interested parties to be notified of Council and Committee's decision:
Randy Henry Mr. and Mrs. LeGros
Box 368 1678 Bloor Street
Oshawa, Ontario L1H 7L5 Courtice, Ontario L1E 2N1
Russ Gibson
172 King Street East
Suite 303
Oshawa, Ontario L1H 1B7
ATTACHMENT1
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