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HomeMy WebLinkAboutPD-271-90 r�y TOWN OF NEWCASTLE DN: DEV90056 .GPA REPORT File # &' Res. # P U B L I C M E E T I N G By-Law # General Purpose and Administration Committee DATE: Monday, September 17, 1990 REPORT #: PD-271-90 FILE #: DEV 90-056 StRECT: 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-271-90 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 referred back to Staff for further processing. 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 (C1) " to an appropriate zone to permit the development of an administrative office and a motor vehicle sales establishment with an accessory residential apartment unit. 1.5 Land Area: 247 .5 m2 (2659 sq. ft. ) 2. LOCATION 2 . 1 The subject property is located in Pt Lt 12, Conc . 1, former Town of Bowmanville. The lands are on the south west corner of Church .2 REPORT NO. : PD-271-90 PAGE 2 Street and Silver Street, north of King Street (Highway No. 2) and east of Scugog Street. The property's municipal address is 18 and 22 Silver Street. 3 . BACKGROUND 3 . 1 An application was received by the Town of Newcastle Planning and Development Department on June 22, 1990, proposing to rezone the lands at 18 and 22 Silver Street. The application was submitted as a result of a change of use at 18 Silver Street. Until recently the property was used for a retail sales establishment as permitted under the current "General Commercial (Cl) " zoning. The applicants have renovated the existing structure to permit administrative offices, a motor vehicle sales establishment, including the storing and displaying of vehicles in the front and rear of the existing building, and an accessory apartment unit on the second floor. The recently established use of a motor vehicle sales establishment is not permitted in the 11C1" zone, therefore, an application for zoning by-law amendment was requested. The lands at 22 Silver Street have been used as a motor vehicle sales establishment (Darlington Auto Sales) for a number of years, and is considered a legal non-conforming use, as these lands are also zoned "Cl" . 3.2 The application as submitted therefore, intends to legalize the existing motor vehicle sales establishment (Darlington Auto Sales) located at 22 Silver Street, and permit administrative offices, a motor vehicle sales establishment and an accessory apartment unit in the existing structure at 18 Silver Street. 4 EXISTING AND SURROUNDING USES S G 4 . 1 The subject lands are comprised of 18 and 22 Silver Street. 18 Silver Street has been used as an automobile sales establishment for numerous years, the balance of the lands have been used for a commercial retail sales establishment until recently. Presently it is been utilized for the uses proposed. . . . .3 D 0 REPORT NO. : PD-271-90 PAGE 3 Surrounding land uses include: South: retail commercial including Trans Tailor and the McCabes Cheez-Nook as well as residential uses . East: Pineridge Automotive Supply, the Liquor Store and the Municipal Administrative Centre. North: St. Paul's United Church and residential dwellings. 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 was installed on the subject lands. In addition the appropriate notice was mailed to each landowner within the prescribed distance. As of the writing of this report, no written submissions have been received, although counter enquiries have been received. 6 OFFICIAL PLAN POLICIES 6 . 1 Within the Durham Regional Official Plan the subject property is designated to be 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. The proposed uses would appear to comply. 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" . The 'Commercial' Predominant Use Area 4 REPORT NO. : PD-271-90 PAGE 4 shall develop with lands being utilized for retail, business, office and personal service uses . The commercial component shall not exceed 46,500 square metres of gross retail and personal floor area, in addition, the overall average maximum floor space index shall be 2 .50 . 6 .3 The application is not proposing an increase in terms of floor space to the Main Central Area as the proposal is changing the use only while maintaining the existing structure. The proposal would appear to comply. 7 ZONING 7 . 1 The subject lands are zone "General Commercial (Cl) " 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 as it predates the Town's Comprehensive Zoning By-law. The lands at 18 Silver Street have recently been converted from a permitted retail sales establishment to the uses proposed by this application which includes a Motor Vehicle Sales Establishment, and require a zoning by-law amendment in order to be considered legal. i 8 AGENCY COI-MNTS 8. 1 In accordance with departmental procedure the subject application was circulated to a number of agencies and departments for comment. To date comments remain outstanding from three (3) of the circulated agencies . 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 applications . 8 .2 The Town of Newcastle Public Works Department advised that they have no objection to the application in principle subject to the REPORT NO. : PD-271-90 PAGE 5 applicant satisfying various conditions . The applicant will provide the Public Works Department with a lot grading plan satisfactory to the department; the applicant grant free and clear of any encumbrances all easements required by the Town; the applicant will bear the costs ( 100%) of any works on Silver Street and Church Street which are necessitated as a result of this development. 9 STAFF COMMENTS 9 . 1 The subject application appears to be in compliance with Regional and Town Official Plans as the lands are designated "Main Central Area" in both. 9 .2 Staff's preliminary review of the proposed application has identified concerns with the site plan as submitted. However, the applicant has been contacted to discuss the proposal. In addition, the Town's Public works Department has requested further information be provided on grading and drainage prior to Site Plan Approval. 10 CONCLUSION I 10 . 1 The purpose of this report is to facilitate the Public meeting as required by the Planning Act, to provide Committee and Council with some background on the application submitted and for Staff to indicate areas of concern regarding the subject application. Therefore, it is recommended the application be referred back to Staff. Respectfully submitted, Recommended for presentation to the Committee A Franklin Wu, M.C.I .P. L wrence E. Kotseff Director of Planning Chief A 'nistrative and Development Officer CP*FW*cc *Attach 6 September 1990 6 A , REPORT NO. : PD-271-90 PAGE 6 INTERESTED PARTIES TO BE NOTIFIED OF COUNCIL AND COMMITTEE'S DECISION: Susan and Frank Shane R.R. # 1, Box 16 HAMPTON, Ontario LOB 1J0 SUBJECT SITE LOT 13 LOT 12 LOT II CONCESSION (H)MI t R4-1 ' W � EPy �,. � E R, LI E TY I R1 ' t Ct h�� / �,/ R�/? •��/? CARLISLE pJE. Go�EMpH S ` yl• ,Q/y2 � I Rt- ( R ISTRIKE AVE. / E � W Rl 2 �� // z W Y EP 71 7 r ` Coll LIT LE AVE. W �FFr V LAWERENCE AVE �� .�.�g �H�CI W 1. 1 .Z 10 cl h c st U Rl Rl s4 W ; R 3 , M2-1 a, 0 room X00 3,00", imam KEY MAP s Dev. 90-056 i 111 ! 1 STALL !n _I�N71°0210`W PIG_ on IOR lIIS \ I Fd Wrt 501`-�NST�gBBOB MF.�^ AJUr�- � O 8 E. %9.83 INST 951678 SET w 9LOCK K" ! CIS to 111-1 Ir- 9516 7 , 2 u, M _ Ofd Gofe R JA a of PL. 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