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HomeMy WebLinkAboutPD-149-85 TV h> Q x0'35.,2 Ll9 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL.(416)263.2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF OCTOBER 21, 1985 REPORT NO. : PD-149-85 SUBJECT: REZONING APPLICATION - WALTER REBOT PART LOT 31, CONCESSION 5, FORMER TWP. OF DARLINGTON OUR FILE: DEV 85-14 (FARM IMPLEMENT DEALERSHIP) RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-149-85 be received; and 2. That application for rezoning in respect of Part of Lot 31, Concession 5, former Township of Darlington to permit the establishment of a Farm Implement * Dealership be approved and that the attached by-law to amend By-law 84-63 be forwarded to Council for approval . . . .2 REPORT NO. : PD-149-85 Page 2 BACKGROUND AND COMMENT: On May 8, 1985 the Planning Department received an application, submitted by Mr. Walter Reobt, to rezone a parcel of land located in Part of Lot 31, Concession 5, within the former Township of Darlington. The submission of the rezoning application was to permit the development of a Farm Implement Dealership. Within the Durham Regional Official Plan, the subject property is within the "Permanent Agricultural Reserve" designation. A farm implement dealership may be permitted within this designation, by local Council , if it is deemed that the proposed facility is compatible with surrounding uses, is not located on productive agricultural lands and is appropriately zoned. Staff would note for the Committee' s information that the public informational sign, as required pursuant to Council 's resolution of July 26, 1982 and the requirements of the Planning Act, were installed on the subject lands. It is noted for the Committee's information that, in addition to the rezoning application, a site plan application was jointly filed. Staff would note accordingly, that should Council deem the application for rezoning as appropriate and compatible with surrounding uses, site plan approval would be required prior to the use of the said lands for a farm implement dealership. In accordance with departmental procedures, the subject application was circulated to obtain comments from other departments and agencies. The following would summarize the comments as received. Central Lake Ontario Conservation Authority "The Authority Staff have no objections to the approval of the above application." . . .3 i� Chi REPORT NO. : PD-149-85 Page 3 Ministry of Agriculture and Food "Staff of the Ontario Ministry of Agriculture and Food have reviewed the above development proposal . Consideration has been given to the proposal in terms of the goals and objective of the Ministry and of the criteria and policies outlined in the Food Land guidelines. The Food Land Guidelines make provisions for Farm Implement Dealerships in Agricultural areas. Although the guidelines suggest this use be on lower priority soils, the site of the proposed use is on a 10-acre lot, therefore, we would not object to a Farm Implement Dealership that will serve the farm community." TransCanada Pipelines "Thank you for your notice concerning the subject proposal . We apologize for the delay in our response and hope you will give our comments some consideration. TransCanada has no objections to the proposed zoning amendment. We would, however, like to make the following comments: 1) We recommend that all permanent structures be set back at least ten metres from TransCanada's right-of-way. 2) In accordance with Section 77 of the National Energy Board (NEB) Act, all crossings of the pipeline by roads and above and below ground services must first be authorized by the NEB. 3) No equipment or materials may be stored on TransCanada's right-of-way. 4) TransCanada' s prior written authorization is necessary if heavy equipment must cross the right-of-way." Interprovincial Pipeline Limited "Our Company has a 60-foot wide easement across Lot 31, Concession 5, Township of Darlington. This easement designated Part 4 on Plan 10R-487 contains a 30-inch oil pipeline which runs from Sarnia to Montreal . No building is permitted on our right-of-way as the landowner, Mr. Rebot, is no doubt aware." .. .4 REPORT NO. : PD-149-85 Page 4 Town of Newcastle Fire Department "This Department has no objection to the application, as above-headed. Emergency fire protection would be from Fire Station #4, which is within an acceptable travel distance. Building construction to be in accordance with the Ontario Building Code and the Ontario Fire Code." Town of Newcastle Building Department "If approved, a building permit is required and complete plans, showing all dimensions, structural detail , floor plans of existing and proposed uses, must be submitted with the application." Town of Newcastle Works Department "Inasmuch as the application fronts onto Regional Road #34, Staff have no objections to the proposal ." Region of Durham Health Unit "The above application for rezoning has been investigated by this Health Department, and insofar as health matters are concerned, there are no objections to its approval . I would, however, stress that this letter is not to be taken as a permit to install a private sewage disposal system at the site involved. The required permit will be issued only after a proper inspection of the land area involved has been made and said inspection will be carried out upon receipt of a formal application." Region of Durham Planning Department A) "In response to your request for comments on the above proposal , we wish to advise that the comments in our letter dated April 29, 1985 to the applicant (as attached) are still applicable." ". . .. . .In response to your correspondence dated April 12, 1985, we wish to advise that your property is designated "Permanent Agricultural Reserve" in the Durham Regional Official Plan. A farm implement dealership may be permitted within this designation by local Council if it is determined that the proposed facility is compatible with surrounding uses, is not located on productive agriculture lands and is appropriately zoned. . . .5 REPORT NO. : PD-149-85 Page 5 Region of Durham Planning Department (cont'd) We have examined your proposal having regard to the information you provided as to the nature and type of equipment you intent to sell and service. On this basis, it appears that the proposal is not intended to serve primarily the surrounding agricultural community. Therefore, as such it would not conform to the Durham Regional Official Plan. However, if it is your proposal to establish a farm implement dealership within the intent of the Durham Regional Official Plan, we would suggest that an application to amend the zoning by-law be submitted to the Town of Newcastle Planning Department so that the Town will have an opportunity to evaluate the proposal . . . . ." B) "Further to our correspondence dated June 1, 1985, we request that the following Regional requirements pertaining to Regional Road No. 34 be included in the Town' s conditions of approval of the subject proposal . 1. A 7-foot road widening on the total frontage of the subject property as shown in red on the attached plan; Z. A 1-foot reserve as shown in green on the attached plan; and 3. All entrances from the subject property onto Regional Road No. 34 shall comply with the Region' s entranceway policy for commercial establishments." Durham Federation of Agricultural - Verbal Response "No major objections to proposal , however, would appreciate being made aware of the type of machinery proposed and distributor company. STAFF COMMENTS As noted within the comments submitted for Staff's review, no major objections to the principle of development were received, although, several concerns with respect to site planning matters were addressed. Staff would note for Committee's information that, should the rezoning be approved, the concerns of the various .. .6 REPORT NO. : PD-149-85 Page 6 9 departments and agencies, as outlined herein, would be included within the provisions of the site plan agreement. As Committee may recall , Staff noted within PD-84-85 that in consideration of the question of Official Plan conformity, the local municipality is to "deem the proposal compatible with the surrounding area". Accordingly, Staff requested of the applicant the following information for review: a) confirmation/information re: "Letter of Intent" of the business operation to be submitted in support of the proposed use from the distributor outlining the line of farm machinery to be offered through this dealership. b) proposed hours of operation, number of days/per week, evening hours if applicable. c) method of controlling "noise emission levels" from farm machinery through operating and repairing same on site. .. . where repairs will be carried out ie. inside or outside; design of structure may incorporate noise control measures in construction. To that end, in August, Staff was provided with a preliminary floor plan for the proposed dealership. Additionally, proposed hours of operation were noted as follows, six (6) days a week from 8:00 a.m. until 5:00 p.m. Monday through Friday, except holidays, and 8:00 a.m. until 1:00 p.m. on Saturdays. Staff would note that the operational hours of the operation could be defined and included within the site plan agreement. It was further proposed that noise emission levels would be controlled by repairing machinery and equipment inside the building. However, on occasions, it may be necessary to conduct repairs outside. It was noted that this would be done only and briefly during afternoon hours with due respect and consideration of local residents. Mr. Rebot acknowledged in his response that, in his opinion, the building was well insulated and would contain unanticipated high noise levels. . . .7 IuCh) REPORT NO. : PD-149-85 Page 7 The applicant provided a brief history as to the status of his application noting that dealership discussions and meetings were ongoing and have been held with John Deere Farm Equipment Limited located in Grimsby, Ontario, Mitsubishi Agricultural Machinery Co. Ltd. , Montreal , Quebec, Kubota Limited, Toronto, Ontario and Yanmar Limited, in Ackland, Ontario. Also dealership extension or sale discussions have been held with Utica Farm Equipment Limited, Hymet Farm Supply Limited, Robert C. Heron Limited and recently, with Bob Mark Ford Tractor Sales Limited in Lindsay, Ontario. Mr. Rebot further noted -that the Farm Implement - Equipment Business is still feeling the effects of the recent recession and that the manufacturers are protecting their existing dealerships by not allowing new dealerships to be established within a twenty- five (25) mile radius of themselves. These conditions or policies are subject to change depending on the current state of events within the farming community and with the changing economic conditions. The area dealership location, existing zoning by-laws and access or availability of investment capital are also important factors to be considered prior to the approval of a Farm Implement Dealership agreement and therefore, no concrete agreements may be reached until the rezoning is completed. It is noted for the Committee 's consideration, that the "Letter of Intent" which was provided from Eastern Farm Machinery Limited, in Staff's opinion, is but an acknowledgement of Mr. Rebot 's intent and interest in obtaining a dealership. It does not provide any commitment to the applicant and in fact notes that certain limitations may have to be imposed to protect existing dealers. . . .8 IU �h� REPORT NO. : PD-149-85 Page 8 . .As you no doubt realize, we might have stocking dealers of a specific product in your area in which case, we would have to honor them as dealers for that particular product. The amount of different types of equipment we handle would still give you much from which to choose and we certainly would be interested in having you and Mr. Ennis discuss it further." Staff, in reviewing the application , gave due consideration to the recommendation that the applicant was to provide further assurances as to the dealership and farm machinery before a by-law would be forwarded to Council . It would appear, however, that such a requirement may place the applicant in a position whereby a farm distributor, as Mr. Rebot has noted, may be somewhat reluctant to guarantee a dealership prior to the approval of a rezoning application. Accordingly, it is Staff's opinion that the major issue before Council , at this point in time, is not the name of -the distributor or line of machinery offered, but the principle of allowing a farm implement dealership to develop on the subject lands. As noted previously, Staff did not receive any unfavourable responses to the circulation of the application, nor were any responses of a negative nature received from abutting landowners as a result of the public informational signs and the notice of public meeting scheduled for October 21, 1985. Staff would note that the area, as designated in the Region of Durham Official Plan being within the "Permanent Agriculture Reserve", is predominantly of agricultural usage. With respect to the road widening and 0.3m reserve requested by the Region, the Town is under no obligation to obtain same prior to rezoning, however, staff will include these requirements as a condition of site plan approval . . . .9 i �U Chi REPORT NO. : PD-149-85 Page 9 In consideration of the above-noted comments and concerns as expressed by the various departments, Staff would have no * objections to the approval of the Zoning By-law attached hereto. Respectfull s itted, T.T. Edwards, M.C.I .P. Director of Planning LDT*TTE*jip *Attach. October 9, 1985 Applicant: Mr. Walter Rebot R.R. #1 HAMPTON, Ontario LOB 1JO TuChS THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 85- 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 "1" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural Exception (A-1)" to "Agricultural Exception (A-6)" zone as shown on the attached Schedule "X" hereto. 2. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Section 34 of the Planning Act. 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 I I i I I This is Schedule "X" to By-law 85- U h� passed this day of , 1985 A.D. I LOT 31 � I N 71-34'50"E I 396-795 1 0 CO 1z I I nm 1 I _— 10 I I ; I n 396-203 I N N 71035'00"E I ao 3.048-J 1 N 71°35'00"E � CONCESSION 5 Im I N I� I� I- 1 fi S.E.ANGLE I LOT 31,CON-5{I T ® ZONE CHANGE TO 11A-6 " 0 25 50 100 150. Mayor 25. s Clerk 135 34 33 32 31 30 29 28 27 26 25 24 23 22 21 1 I ' EP -- SEE I I SCHEDULE 'S' I I I EP I 1 1 I 1 (SOLINA) , � ;A�1 1 I I I � 1 ' I I SUBJE T, TE -, 1 U) A-I1 I I , Ep O A I I 1 U FE all SCHEDULE A (WTCH[LL'S CORNERS) 1 Z EP W A AI EP I z A.S EP A A(A __ Former Township of DARLINGTON c��1=°m R E V I S E D N O T I C E PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT TAKE NOTICE that the Council of the Corporation of the Town of Newcastle will hold a public meeting on October 21, 1985 at 9:3U a.m. at Courtroom #2, Bowmanville Courthouse, 132 Church Street, Bowmanville, Ontario to consider a proposed zoning by-law amendment under Section 34 of the Planning Act. The proposed zoning by-law amendment would change the zone category of a 4.02ha (9.94 acre) parcel of land located in Part of Lot 31, Concession 5, former Township of Darlington (as shown below) from "Agricultural (A-1)" to a "Agricultural (A-6)" zone. The proposed zoning change would permit the use of the subject lands for a farm implement dealership. ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposed zoning by-law amendment. ADDITIONAL INFORMATION relating to the proposed zoning by-law amendment is available for inspection between 8:30 am. and 4:3U p.m. at the Planning Department, Municipal Offices, Hampton, Ontario. M AREA OF PROPOSED REZONING LOT35 14 11 32 11 30 29 28 LOT 27 I 1 1 1 Elfin b ; 1 tp 10 2 1 t 1 2 A4, 1 e A-1; U ' 1 1 1 V 2 , 1 2 DATED AT THE TOWN OF 1 1 E► 1 , 1,�///.��� NEWCASTLE E► 1 f •- 1 f �1 Z THIS 13th DAY OF 0 ' ' = September 1985. V 1 1 1 1 10 1 1 I 1 1 U Iq-1 A REOMNAL ROAD Nt ♦ ' (TAUNT ON RD.1 V 1 scNEOULE (WTCNELL't 0ORN&AS1 /�-1 1 a oor�lov A1 Z w EP ; N CLERK Z: /; Town of Newcastle A, 40 Temperance Street E. Bowmanville, Ontario L1C 6A3 0 "ONO 1000w File: 60.35.249. KEY MAP �® (Walter Rebot) PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT TAKE NOTICE that the Council of the Corporation of the Town of Newcastle will hold a public meeting on October 7, 1985 at 9:30 a.m. at Courtroom #2, Bowmanville Courthouse, 132 Church Street, Bowmanville, Ontario to consider a proposed zoning by-law amendment under Section 34 of the Planning Act. The proposed zoning by-law amendment would change the zone category of a 4.O2ha (9.94 acre) parcel of land located in Part of Lot 31, Concession 5, former Township of Darlington (as shown below) from "Agricultural (A-1)" to a "Agricultural (A-6)" zone. The proposed zoning change would permit the use of the subject lands for a farm implement dealership. ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposed zoning by-law amendment. ADDITIONAL INFORMATION relating to the proposed zoning by-law amendment is available for inspection between 8:30 am. and 4:30 p.m. at the Planning Department, Municipal Offices, Hampton, Ontario. AREA OF PROPOSED REZONING LOT35 34 33 32 31 30 29 28 LOT 27 Z O 1 1 ; O ° DATED AT THE TOWN OF " NEWCASTLE / 1 I JEP'1E THIS 3rd DAY OF Z = September 1985. O 1 1 O 41 EA ' 1 'I NE010NAE ROAD N1. ' IrwSEEN R0.1 I 1 +t 1 SCHEOY" '4' 1 V 1 (u1TCHEEE's C011NEn3) I I"-�-1 1 1 AI z CLERK EP " W Town of Newcastle Z . " 0 . 1 1 A ; 0 40 Temperance Street "° n A E Bowmanville, Ontario L1C 6A3 D no)00 IOOOn KEY MAP File; 60.35.249.