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Home My WebLink AboutPD-90-92 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: HYNES.GPA REPORT P U B L I C M E E T I N G Meeting: General Purpose and Administration Committee File # Res. Date: Tuesday, April 21, 1992 # By-Law# Report#: PD-90-92 File#: -DEV 92-015 Subject: REZONING APPLICATION - CHARLES HYNES & TERRY KLAWITTER PART LOT 14, CONCESSION 1, FORMER TOWN OF BOWMANVILLE FILE: DEV 92-015 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-90-92 be received; 2 . THAT the application to amend the Town of Newcastle Comprehensive Zoning By-Law 84-63 submitted by Charles Hynes and Terry Klawitter be referred back to Staff for further processing and preparation of a report subsequent pending 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: Charles Hynes & Terry Klawitter 1. 2 Agent Same as applicant 1. 2 Rezoning: From "Light Industrial Exception (M1-5) " to a "Special Purpose Commercial Exception" recognizing the existing donut shop, car wash facilities and ancillary office space 1. 3 Site Area: 0. 36 hectares (0. 89 acres) 2. LOCATION 2 . 1 The 0. 36 hectare (0. 89 acre) property is located on the north side of Baseline Road west of Durham Regional Road #57 . The site is adjacent to a gas station and drive-through doughnut shop REPORT PD-90-92 PAGE 2 also owned by the applicant located at the northwest corner of the intersection. In legal terms, this property is referred to as Part Lot 14, Concession 1 in the former Town of Bowmanville. 3. BACKGROUND 3 . 1 On February 13 , 1992 , Messrs. Charles Hynes and Terry Klawitter submitted an application with the Town of Newcastle to amend the Town's Comprehensive Zoning By-Law 84-63 for the afore-mentioned property. The purpose of the application is to change the present "Light Industrial Exception (M1-5) " to an appropriate "Special Purpose Commercial Exception" zoning recognizing the existing on- site uses which consist of a doughnut shop, car wash facility and ancillary office space. 3 . 2 The owners have submitted the rezoning application for a number of reasons. The property is being assessed and taxed at commercial use rates. A commercial zoning more accurately reflects the site's uses than the current "Light Industrial Exception (M1-5) " does. The owners argue that although their uses are commercial, the current zoning undervalues their property as it is always compared to cheaper industrial lands. Finally, some of the considerations are financial in nature. The owners would receive cheaper insurance coverage if the property's zoning corresponded with its use. In addition, the bank providing the financing considers the present zoning inappropriate. 4. EXISTING AND SURROUNDING USES 4 . 1 Existing Uses: Doughnut shop, car wash facility and ancillary office space 4 . 2 Surrounding Uses: East: Gas station and drive-through doughnut shop North: Single family residential West: Preston Transport truck storage and container depot South: gTree farm �.J I REPORT PD-90-92 PAGE 3 5. OFFICIAL PLAN POLICIES 5. 1 Within the existing 1976 Durham Region Official Plan, the subject lands are designated "Industrial" . The predominant use of these lands shall be for manufacturing, warehousing, assembly, processing including reclaiming and/or recycling, storage of goods or materials, utility functions and transportation terminals and similar uses. In addition, certain commercial, community and recreational uses,. such as banks, ' professional offices, restaurants, fraternal organizations and athletic clubs, may be permitted provided that such uses are compatible with the industrial uses in the area. 5. 2 The 1991 Durham Regional Official Plan as adopted by Regional Council, the subject lands are designated as "Living Area" . The predominant use in this area shall be for housing purposes. However, special purpose commercial uses serving the specialized needs on an occasional basis with services and facilities which consume larger parcels of land and require exposure to traffic such as automotive sales and services, drive- in restaurants, motels, hotels, lumber yards, furniture and major appliance sales. 5. 3 Under the Town of Newcastle Official Plan, the subject lands are designated "Industrial" . General industrial uses refer to such uses as industries, warehouses or industrial services whose operations are of a manufacturing assembly, repair, storage or wholesaling nature, substantially enclosed in buildings, without offensive characteristics and compatible with the amenity of other uses of the Urban Area. Uses which are complimentary to and serve the basis industrial uses may also be permitted. 5. 4 The land uses existing on this site would appear to conform to these various Official Plan policies. REPORT PD-90-92 PAGE 4 6. ZONING BY-LAW CONFORMITY 6. 1 The subject lands are currently zoned "Light Industrial Exception (M1-5) " by the Town of Newcastle Comprehensive Zoning By-Law 84- 63 . This zone permits the existing car wash facility, donut shop, and office space. 6. 2 From a planning viewpoint, there is no need to rezone the property as all the existing uses are permitted within the current "M1-5" zone. The applicant is filing the rezoning application for the reasons stated in Paragraph 3 . 2 and the zoning change would involve changing the alphabet from "M" to nCn . 7. PUBLIC NOTICE AND SUBMISSION 7 . 1 Pursuant to Council's resolution of July 26, 1982 and requirements of the Planning Act, R.S.O. 1990, the appropriate signage acknowledging the application was erected on the subject lands. The required notice was mailed to each landowner within the prescribed distance. 7 .2 As of the writing of this report, no written submissions have been received. One adjacent resident inquired about the uses that the proposed rezoning would permit. 8. AGENCY COMMENTS 8 . 1 The application has been circulated to the Town of Newcastle Public Works Department and the Durham Region Planning Department. No comments have been received to date. 9. STAFF COMMENTS 9 . 1 As the purpose of this report is to satisfy the requirements for the Public Meeting under the Planning Act, R. S.O. 1990, and considering the number of outstanding comments, it is respectfully requested that this report be referred back to Staff for further processing and the preparation of a subsequent report. REPORT PD-90-92 PAGE 5 Respectfully submitted, Recommended for presentation to the ommittee r Franklin Wu, M.C. I.P. Lawrence E. �Kotseff Director of Planning Chief Administrative and Development Officer RH*FW*ld *Attach Interested parties to be notified of Council and Committee's decision: Charles Hynes & Terry Klawitter 1 Maryleah Court Bowmanville, Ontario L1C 4H4 r14 ® SUBJECT SITE LOT 15 LOT 14 LOT 13 (H) R1 (H)R4 > EP m J LIT LE AVE, A � W IAWERE E AVE, R3 H)R2 I i H) Rl �rF R1 R2 O cl MR v r� R1 R ` ROSALYNNE ` Dip Rl 1 . 0 RI tn I 0 R 3 W v a wz R3 W R2 A s ( Z R2 R1 ROS R `` 0: SPRY AV 0 N R I cp�� ` CARRUTHERS OR. 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