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Home My WebLink AboutPD-58-85 III CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB iJO TEL.(416)263.2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF APRIL 15, 1985 REPORT NO. : PD-58-85 SUBJECT: APPLICATION FOR REZONING - G. GRAY PART LOT 6, CONCESSION 2, CLARKE GENERAL AMENDMENT REGARDING COMMERCIAL MOTOR VEHICLES IN RURAL AREAS - OUR FILE: DEV 85-4 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-58-85 be received; and 2. That the rezoning application submitted by Mr. G. Gray to permit the parking of two commercial motor vehicles on his lot in Part of Lot 6, Concession 2, be denied. . . .2,� REPORT NO. : PD-58-85 Page 2 BACKGROUND: On February 26, 1985, Mr. Gregory Gray submitted an application to rezone a 4.0 ha parcel of land in Part of Lot 6, Concession 2, * Clarke (see attached key map) to allow him to continue to park two tractor trailers in an accessory building on his property. Subsequently, on March 4, 1985, the General Purpose and Administration Committee directed Staff (Resolution #GPA-160-85) to bring forward a report to Committee on a general amendment to the Comprehensive Zoning By-law to consider the location of Transport Vehicles in rural areas. A building permit for the accessory building which is used to house the two motor vehicles was issued to Mr. Gray in June, 1984. The intended use of the building was indicated to Town Staff, at the time, as being residential accessory. The parking of commercial motor vehicles is not a permitted use on the subject property under the provisions of either By-law 1592 of the former Township of Clarke or the Comprehensive Zoning By-law. The By-law Enforcement Officer, acting on a complaint, initiated an investigation of the use of the property. This investigation has been put on hold pending a decision on the rezoning application. In accordance with Departmental policy, the rezoning application was circulated to various departments and agencies for comment. None of the agencies circulated indicated a concern with the proposed rezoning. In particular, the Region of Durham Planning Department stated that the Regional Official Plan does not address the issue of the parking of commercial vehicles, and that Regional Staff would have no concern if the proposed parking is accessory to the permitted residential use on the property. . . .3 REPORT NO. : PD-58-85 Page 3 COMMENT: The issue of whether to permit the parking and storage of commercial motor vehicles on lots in the rural area can only be addressed as either a permitted use in its own right or as accessory to a permitted use. The parking and storage of commercial motor vehicles is currently permitted by By-law 84-63 in the "M2-General Industrial " zone as a "Cartage or Transport Depot". Although two motor vehicles would be of a significantly smaller scale than a transport depot, it is Staff's opinion that such a use is inherently an industrial use and therefore could not be considered as compatible with the rural environment. As well , Staff refer to the Region's comments on this application that such a use must be considered accessory to a permitted use in order to conform with the Official Plan. With respect to whether or not the proposed use could be considered as accessory to a permitted use, Staff note that By-law 84-63 provides the following definition of accessory use: "Shall mean a use established during or after the establishment of the main use which is customarily incidental and subordinate to, and exclusively devoted to, the main use of the lot, and located on the same lot as such main use." Similarly, the definition of "Accessory Building or Structure" in the By-law states the use of the building or structure is to be "customarily incidental and subordinate to a principle use, building or structure located on the same lot therewith." Based on the above definitions, in order for a use to be considered as accessory to a main use, it must be shown to be customarily incidental and subordinate to, and exclusively devoted to the main use of the lot. This fundamental premise has been established through reported case law and Staff concur with it as a basic planning principle. . . .4 IV- REPORT NO. : PD-58-85 Page 4 In the Agricultural (A) zone in By-law 84-63, residential uses, a variety of agricultural operations, as well as existing cemeteries, places of worship and wayside pits and quarries, are listed as permitted uses. With the exception of farm operations and pits and quarries, the parking and storage of commercial motor vehicles cannot be considered as "customarily incidental and subordinate to" the uses permitted in the Agricultural zone. In Mr. Gray 's specific case, the lot is used for residential purposes and the commercial motor vehicles he currently parks on the property are used for business operations conducted off the lot. Thus, the parking and storage of commercial motor vehicles on Mr. Gray's lot is not a use "exclusively devoted" to the main use of the lot. Another issue to be considered with respect to the parking and storage of commercial motor vehicles in rural areas is the impact the use would have on other uses in the immediate area. The noise and fumes associated with the maneuvering of large motor vehicles could be unpleasant for residents on nearby lots. By-law 84-63 recognizes the obnoxious nature of such uses in that the M2 zone provides for greater side and rear yard requirements, and the provision of a planting strip where a permitted industrial use abuts a Residential zone. Based on the arguments stated above, in Staff's opinion, the parking and storage of commercial motor vehicles should not be allowed in the rural areas of the Town as either a use specifically permitted in the Agricultural zone or as an accessory to a permitted use. It is therefore recommended that the application submitted by Mr. Gray be denied. However, acting on Committee's instructions, Staff have prepared * for Committee's consideration, a draft by-law (attached) which would permit the parking and storage of commercial motor vehicles . . .5 REPORT NO. : PD-58-85 Page 5 as an accessory use in the Agricultural zone. The draft by-law prescribes a maximum height and floor area for accessory buildings being used for such a purpose, and establishes minimum side and rear yard requirements for the parking and storage of such vehicles. These latter requirements are consistent with the minimum yard requirements given for industrial uses in the M2 zone. Staff do not recommend approval of this By-law. Committee may also wish to consider granting Mr. Gray a partial refund of his rezoning application fee inasmuch as Staff was directed by Committee to review a general amendment to the By-law which would have the same effect as his application. If so, Staff would ask that an appropriate resolution be passed and would recommend that no more than a 50% refund be considered given notice expenses incurred. espectfu ed, T.T. Edwards, M.C.I.P. Director of Planning JAS*TTE*jip *Attach. March 27, 1985 Applicant: Mr. Gregory Gray R.R. #1 NEWTONVILLE, Ontario LOA WO I III i � I { l � � j � i � D ° ----- ---- - D - D ocrn m r,, rl ------ °° ell rn rn - ---- --- ------D- --- O i Z CONCESSION I CONCESSION 2 CONCESSION 3 � I �1 II THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 85- being a By-law to amend By-law 84-63, 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 By-law 84-63 is hereby amended as follows: 1) Section 3.1(d) of By-law 84-63, as amended, is hereby further amended by adding the following new paragraph: "In the case of an accessory building being used for the parking or storage of school buses or commercial motor vehicles on a non-farm related residential lot in an Agricultural Zone, the maximum height of such accessory building shall be 5 metres and the total floor area for all accessory buildings shall not exceed 150 square metres". 2) Section 3.14(f) of By-law 84-63, as amended, is hereby further amended by deleting the last paragraph in its entirety and by adding the following new paragraph: "In addition to the foregoing provisions, within any Agricultural Zone, a maximum of two (2) commercial motor vehicles, as defined under the Highway Traffic Act, as amended, or two (2) school buses may be parked or stored on any lot provided that any such vehicle shall not be parked or stored within 5 metres of any interior side or rear lot line, and provided that where such lot line abuts a Residential Zone, or a lot which has a residential use thereon within 15 metres of such common lot line the minimum setback from the common lot line shall be 10 metres." 3) This By-law shall come into effect on the date of passing hereof subject to the provisions of Section 34 of the Planning Act, 1983. BY-LAW read a first time this day of 1985 BY-LAW read a second time this day of 1985 BY-LAW read a third time and finally passed this day of 1985. MAYOR CLERK ^ I