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Home My WebLink AboutPD-176-88 DN: 176-88 TOWN OF NEWCASTLE .� }Jyt t � REPORT File #60 , s � Res. By-Law # MEETING: General Purpose and Administration Committee DATE: Tuesday, September 6, 1988 REPORT #: PD-176-88 FILE #: DEV 88-60 SUBJECT: REZONING APPLICATION - SANDRA KIY PART LOT 19, CONCESSION 51 FORMER TOWNSHIP OF DARLINGTON DEV 88-60 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-176-88 be received; and I 2. THAT the rezoning application submitted by Mrs. Sandra Kiy to rezone a parcel of land to permit the restoration and sale of automobiles be approved and the amending by-law be forwarded to Council at such time as the site plan agreement has been executed; and I 3. THAT the applicant be so advised. I 1. BACKGROUND: 1.1 On June 2, 1988, the Planning Department received an application to amend By-law 84-63 submitted by Mrs. Sandra Kiy. The application would allow the restoration and sales of automobiles, particularly antique automobiles, in i the Hamlet of Hampton. . . .2 REPORT NO. : PD-176-88 PAGE 2 ------------------------------------------------------------------------------- 1.2 Staff would note for the Committee's information that the application was submitted as a result of an application to Ministry of Consumer and Commercial Relations for License Renewal under the Motor Vehicle Dealers Act to permit the sale of automobiles. The Ministry requires confirmation from the local municipality that the sale of automobiles is a permitted use. Planning Staff in response noted, that the subject lands were presently zoned as "Special Purpose Commercial (C6)" and "Environmental Protection (EP)" by By-law 84-63. The 1106" zone would only permit motor vehicle fuel bar, motor vehicle service station and sale of confectionary items accessory to the primary use, noting that the sale of automobiles is not a permitted use. The Ministry, therefore could not renew the license and subsequently staff was approached by the applicant. 1.3 The applicant had recently purchased the property with the understanding that the sale of cars was a permitted use, noting that the previous owner had also sold cars. In that regard, the applicant presented a copy of a license to sell cars issued in 1977 to Greenaways Garage. Given this, the use has been considered as legal non-conforming. However, this application considers the use to be legal under By-law 84-63 as well as determine specific details through site plan agreement. 2. LOCATION: 2.1 The subject property is located on the west side of Old Scugog Road, approximately 2.5 km north of Taunton Road, in the Hamlet of Hampton, being Part of Lot 19, Concession 5, in the former Township of Darlington. 3. SURROUNDING LAND USE: 3.1 The general land uses surrounding the subject lands indicate residential uses are predominant to the east, and south of the subject lands. Directly to the north is a pasture for grazing livestock as well as a small barn. Directly to the west or actually behind the garage is a tributory of the Bowmanville Creek, surrounded by primarily decidous trees. .. .3 j i REPORT 0O. : PD-176-88 PAGE 3 _______________________________________________________________________________ 4. PUBLIC NOTICE: 4.1 Staff would note for the Committee's information that pursuant to Council's resolution of July 26' 1982 and the requirements of the Planning Act, the appropriate oiguage acknowledging the application was installed on the subject lands. 5. OFFICIAL PLAN CONFORMITY: 5.1 The subject lands are designated as "Hamlet" in the Durham Regional Official Plan. Section 18.4.I.1 notes that the predominant use of lands within the Hamlet would be for residential purposes. However, limited commercial uses may be permitted under this Section. Staff would note that a study for a Hamlet Plan for Hampton has currently been undertaken by a consulting firm and since the service station has been established for quite sometime the use will be recognized by the new Hamlet Plan. 6. CIRCULATION: 6.1 In aconcdmuoe with departmental procedures, the application was circulated to obtain comments from other departments and agencies. Staff would note the tnllwv«iog departments/agencies in providing ooxxneoto, offered no objections to the application as filed. Town of Newcastle Fire Department Town of Newcastle Public Works Department Durham Regional 8eoItb Services The Ministry of Natural Resources offered no objection to the rezoning, however noted that the 8mvmauville Creek is a significant onldwater creek for trout species, and requested that the "Environmental Protection" zoning be retained as ouch. REPORT 00. : IgD-176-88 PAGE 4 _______________________________________________________________________________ 7. STAFF COMMENTS: 7.1 In reviewing the application, staff noted that existing service station building has two (2) bays for the restoration of antique cars. The building also has office facilities and a resident above. In addition, a detached three (3) car garage would be retained. The applicant had stated that this use has been existing. Staff have further noted, that there are approximately fifteen to twenty cars and/or parts of zucov obviously to be refurbished in the subject lands. Staff, through the site plan agreement would require these cars to be screened, by way of fencing and landscaping. 7.2 The applicants have indicated that they are not interested in the sale of fuel, but only interested in the restoration and sale of aBpzozimateIy five antique cars at one given time. 7.3 Given the above noted comments, Staff would respectfully recommend that the by-law be approved and would be forwarded to Council at such time as the site plan agreement has been executed. Respectfully submitted, Recommended for presentation to the Committee 0 vaz _�� - ' / -------------------------- /-7=- -- --------------- Franklin Wu /��mr en E. Kotoeff Director of Planning 6 Development Chief mi istrative officer [VaFV*bh *Attach. August 12, 1988 'SUBJECT SITE LOT 20 LOT 19 L LOT 18 CONC.RD.6 M Mjj ' EP • I II u,)RH Z �o � 0 A-1 +� s W KING STREET II - ERR 0 \ t�p P 0 ,. C3 v H Ad yam. v RH 0 50 100 200 300" KEY �► Dev. 88-60