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Home My WebLink AboutPD-212-91 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: DEV91030 .GPA REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File # LLIL 'k Date: Monday, September 23, 1991 Res. # By-Law Report#:P.D_-_212_-9_1_ File #: DEV 91-030 Subject. REZONING APPLICATION RANDY HENRY ON 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-212-91 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 referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; and 3 . 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 Temporary Zoning to permit the 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. REPORT NO. PD-212-91 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 applicants intention to operate a flee 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 flea market. 4 EXISTING AND SURROUNDING USES 4 . 1 Existing Uses : vacant - previously was "Henry Buildall" 4 .2 Surrounding Uses: East - Farmland West - Farmland South - Farmland & 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 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. " 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" . I r . . . .3 REPORT NO. PD-212-91 PAGE 3 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) " , permitting a building supply outlet. 16 .2 The applicant has applied to have a flea market and auction centre operate, temporarily, on the subject lands . Section 38 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. 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. 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 Agriculture and Food i 8.2 A number of agencies have no objection to this application, provided that the applicant has satisfied any concerns they might have. .4 REPORT NO. PD-212-91 PAGE 4 8 . 3 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 that will be required for the proposed renovations . 8 .4 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 .5 The Town of Newcastle Community Services Department has requested that the Bloor Street road frontage be appropriately landscaped and that 2% cash-in-lieu of parkland be paid. 8. 6 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 a cash contribution for future sidewalk and illumination on Bloor Street be made ( 134 . Om X $118 . 00/m = $15, 812 . 00) , 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. 7 The Durham Region Health Unit has requested the following: a site plan showing all tile bed locations and sizes; the proposed attendance; the number of washroom fixtures; and whether there will be any food outlets . The applicant is aware of these comments and is presently working on satisfying the Health Unit. 8 . 8 The Durham Region Works Department have requested that a 5. 18m road widening along Bloor Street be conveyed to the Region free and clear of all encumbrances . Additionally, they have stated that only two access points be approved. The applicant is aware of these comments . . . . .5 REPORT NO. PD-212-91 PAGE 5 8. 9 The Central Lake Ontario Conservation Authority note that a small unmapped tributary of the Tooley Creek abuts the eastern boundary jof the property. The Conservation Authority is concerned about potential increase in flows being generated on the site, and the water quality problems which may result from private sewage disposal systems. They also request that if the parking area is to be paved, that an assessment of flows be carried out. If septic systems are to be installed, the impact they may have on groundwater sources and the adjacent watercourse must be assessed. Also, the appropriate permits must be obtained from the Conservation Authority prior to any works taking place on the site. 8. 10 The Ministry of Natural Resources have no objection to this application, provided that their concerns and conditions are adhered with. The applicant has been notified as to the extent of these conditions. 8. 11 The Northumberland and Newcastle Public School Board note that 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. 8. 12 Comments have yet to be received from The Region of Durham Planning Department, Ontario Hydro, and the Ministry of the Environment. 9 CONCLUSION 9. 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 issues or areas of concern regarding the subject 1 j� . . . . 6 REPORT NO. PD-212-91 PAGE 6 application. It is recommended the application be referred back to Staff for further processing and subsequent report upon resolution of the above issues and receipt of all outstanding comments and required revisions . Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. Lawrence E Kotseff DIrector of Planning Chief A i istrative and Development Officer HM*FW*cc *Attach 13 September 1991 Interested parties to be notified of Council and Committee's decision: Randy Henry Russ Gibson Box 368 172 King Street East Oshawa, Ontario Suite 303 L1H 7L5 Oshawa, Ontario L1H 1B7 I ® SUBJECT SITE LOT 31 LOT 30 LOT 29 (H)Rl EP R-2 , R3-S I � R2-2 i I o Z0 (H)R1 I �n I � I v of ° I o RC J Q= � r � r � r REGIONAL ROAD 22 I BLOOR STREET KEY MAP 500 Om 100 200 300m Dev. 91 -030 KEY PLAN PERTINANT INFORMATION E,CI^T(lUG LO�]�Jr:, G4-2 WOPO ..p 2Ga«-,1ti1G. � Tas.�1Pb.-wi.l' U•ao To nt.ce..r - � •'16�--�'•6T/OCJG-110J 1"foL1. - � - 'SlTG-. m-Ea 4Z�429-GSnz . - 1..,OT GovFia�yC,p . bU1t..0uJC. A GYS-4e..• bUILOr.Y.. 'C - T4.67 n+ - pLIIL_p1�1G'G' 222.�IC^• _ •r.YaYe �� ' .w "'�"• �T4/.. X07-11 (q.12(� �'� i .Q'--"F-tea o1• �:/C�+..ie� � I 1^�1^I.ti I n� MST. .. Goo r_ OF OUTOGV� l trawl - �^• 1�.�0-.��=/tw�r opc..a m.po - X11,'rlI-ao n• t - - . I I 1 . `a+rsa 1 blow. I IX6T. t ?�� F'Y.w.c..L^. ►-CCi VIa.Ed DI2S-`74 n• eu�pwcr " I ((1 I � .-� 57li'�.S n+- !/+aj.,• Ig2.l 1 4saa< > (•.STL'ws►7 4t a�va) ^•. 6-20 oP.caS 1 Bu .1-I11 j` 1 'w irSat j� fl c II ( I - ...1.) • � Zb r r...l Ca�.T-.L •«lOr.l lu-Ttro" BkI1T .'-_ � 11 O..J-T�a..l o Zl�taT �1 �7D• UIIOwG A OUILpwG D - I+vw.1 S abbot# IK.� " draftlnq L d�slgn PR POSED FLEA MARKET BLOOR STREET AUCTION HALL S/TE DEVELOPMENT PLAN S PLAN