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Home My WebLink AboutPD-54-88 DN: 54-88 TOWN OF NEWCASTLE J REPORT File # - 7 Res. #ear By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, March 7, 1988 REPORT #: PD-54-88 _ FILE #: DEV 88-2 SUBJECT: REZONING APPLICATION - CHARLES HYNES PART LOT 24, CONCESSION 8, FORMER TWP. OF CLARKE OUR FILE: DEV 88-2 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-54-88 be received; and 2. THAT the rezoning application submitted by Charles Hynes to rezone a parcel of land in Part of Lot 24, Concession 8, former Township of Clarke to permit the re-establishment of a motor vehicle service station, be approved; and 3. THAT the attached by-law be forwarded to Council for approval at such time as a Site Plan Agreement has been executed; and 4. THAT the applicant be so advised. BACKGROUND AND COMMENTS: On December 31, 1987, the Town of Newcastle Planning Department received an application for rezoning, submitted by Mr. Charles Hynes, to rezone a parcel of land in Part of Lot 24, Concession 8, in the former Township of Clarke. The amendment would allow the re-opening of a Motor Vehicle Service Station. . . .2 REPORT N0. : PD-54-88 I9V]E 2 _______________________________________________________________________________ The subject site is designated as "Permanent Agricultural Reserve" in the Durham Regional official Plan. The Plan states that the predominant use of lands under this designation abaII be for agricultural and farm-related uses. The proposed use is generally not permitted in lands so designated unless it is recognized within a special zuuim] category in the local municipality's Ommiug By-law. The subject lands are currently zoned as "Special Purpose Commercial (C4)" in the Town of Newcastle's Comprehensive Zoning 8y-law 84-63, as amended. This zone permits "existing" motor vehicle service stations and motor vehicle fuel bars. Staff would note for the Committee's information that, at one time, / presumably prior to approval of By-law 84-63, a service station did exist on the site, however, the use has ceased although the building and island for the gas pumps still remain. In order for the applicant to use the site for m motor vehicle fuel bar, it moot be rezoned. Staff would note for the Committee's information that, pocaoaot to Council's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate aigoage was installed on the subject lauds. In accordance with departmental procedures, the application was circulated to obtain comments from other departments/agencies. Staff would note the \ following departments/agencies, in providing comments, offered no objection to the application as filed: - Town of Newcastle Building Department - Region of Durham Health Unit - Ministry of Agriculture and Food - Qauacaaka Region O000ecvotinu Authority The Ministry of Transportation, in reviewing the application, offered no objection, however, requested that all accesses be restricted to the existing entrances with no additional entrances provided. In addition, the Ministry requires any new buildings be set back a minimum of 14/n (45 ft.) from the highway centreline or 32m (105 ft.) from an highway centreline, whichever is the greater. All buildings, signs and illuminations must also have Ministry permits. REPORT NO. : PD-54-88 PAGE 3 ------------------------------------------------------------------------------- The Town of Newcastle Fire Department offered no objection, however, noted that the site must comply with the Ontario Gasoline Handling Act and, since the site is not in use at the present time, all systems should be tested to ensure they are safe and functional prior to re-opening. The Town of Newcastle Public Works Department has requested that the owner enter into a Site Plan Agreement with the Town of Newcastle and that all the standard requirements be included, financial and otherwise. Staff would note that the concerns/conditions of each agency will be addressed through the Site Plan Agreement. As previously noted, the subject site is designated as "Permanent Agriculture Reserve" in the Durham Regional official Plan. The proposed use is generally not permitted in lands so designated. However, Section 8.3.3.3 does allow for new and existing service stations provided they are recognized within a special zoning category and provided that the location of such uses do not create a nuisance to the adjacent residential uses, provided that such uses are not adjacent or opposite to schools and finally, that such uses are located abutting an arterial road or collector and have access from these roads are subject to approval of the authority having jurisdiction. Staff would note for the Committee's information that a site inspection indicated that the lands to the south and west are vacant, while the land to the north is subject to a rezoning application being File: DEV 88-1 (Klawitter) . Staff would note for the Committee's information that Mr. Hynes and Mr. Klawitter submitted each application at the same time and each wished the applications to be heard by Committee in conjunction; each applicant indicating that the competition would be favourable. Staff would note, however, that the service station owner on the east side of the highway has concerns regarding more competition being created in the vicinity. In that regard, Staff would note that the applications for the proposed service stations are on the west side of the highway, and since Highway 35/115 is a 4 d 1� ( p/ REPORT 00. : PD-54-88 PAGE 4 _______________________________________________________________________________ divided highway, only vehicles travelling southbound would be able to take advantage of the proposed service stations. Similarly, only those vehicles travelling northbound will be able to take advantage of the service station on the eaotoide. In consideration of the above-noted comments, Staff would respectfully recommend that the application submitted by Mr. Charles Hynes to re-open a service station, be approved and the by-law forwarded to Council. Respectfully submitted, Recommended for presentation to the Committee ------------------ T.T. Edwards, M.C.I.P. awrenc Kotueff Director of Planning Chief my iatcative officer CJIV*TTE+ 'ip *Attach. February 25, 1988 APPLICANT: Mr. Charles Hynes Group 2, Box 7 B.B. #1 B{WMA0VILLE' Ontario LDC 3K% DN: hynes THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 88- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law of the Corporation of the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Town of Newcastle, NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Schedule 112" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Special Purpose Commercial (C4)" to "Special Purpose Commercial (C6)" Zone, as indicated on the attached Schedule "X" hereto. 2. Schedule "X" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Section 35 of the Planning Act. BY-LAW read a first time this day of 1988 BY-LAW read a second time this day of 1988 BY-LAW read a third time and finally passed this day of 1988. MAYOR CLERK This is Schedule 46V to By-law 8S- , passed this —. day of , 1988 A.D. N7101 1 X00"E 2.761 N71011'00°E 1-- 42.971 o �) n M \ v vl I ZONING CHANGE ;N FROM'C-4' TO 'Cam— 3 3�0 41 $I Q M I( ° �I z z zI 1---C 42.971 N71011 0 E i Ui I LOT 24, CONCESSION 8 I �N 1° 0 N Tz I I S.E.AngI I Lot 24,Cono.B I CONC. RD, 8 0 10 20 40m Mayor 20m15 10 s 0 Clerk 282-7g A r 2625 24 23 22 21 20 RE BOUNDARY RQAO�/ X:1 A 6/1 A- 24 o(, 0 I I f WILC X READ ' At N I , I W � I f ' I r OD Z 1 /� 1 I U 1 C4 I SUBJECT SITE CONCESSION ROAD 8 0 260 600 Former Township of CLARKE �? +"� W`I ,,�