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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 -) () 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 HM*FW*cc 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 ® SUBJECT SITE LOT 31 LOT 30 LOT 29 F.;M5 (H)Rl I EP I R" I i R2-2 I i (H)RI WI � I v = Z of V cr. I q NI 1 JI ' J � I � I i C4 ,I REGIONAL ROAD 22 6LOOR STREET KEY MAP 50 m° ° 2 00 300 m Dev. 91 -030 cly F-- W n- KEY PLAN PERTINENT INFORMATION r�� e E_)c i•yTl t.)G. 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