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
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