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Home My WebLink AboutPD-143-82 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.Edwards M.C.I.P.,Director HAMPTON, ONTARIO LOB 1J0 AL. (416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF SEPTEMBER 27, 1982 REPORT NO. : PD-143-82 SUBJECT: APPLICATION FOR REZONING Z-A-1 -7-1 PART OF LOT 32, CONCESSION 1 , FORMER TOWNSHIP OF DARLINGTON DOM'S AUTO PARTS LIMITED RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-143-82 be received; and 2. That application for rezoning Z-A-1 -7-1 be approved; and 3. That the attached By-law rezoning the subject lands be forwarded to Council for approval at such time as the Applicant has entered into a Development Agreement with the Town of Newcastle. BACKGROUND: On the 14th of April , 1982, Dom's Auto Parts Limited submitted an application to amend By-law 2111 of the former Township of Darlington. IV , LLD) Report No: PD-143-82 /3 The Durham Health Unit "no objection" The Ministry of the Environment "We note that the application is to change the zoning of the property from "Agriculture" to "Industrial ". This will change the legal status of the present operation from "Legal Non-Conforming" to "Conforming" use. In addition, this change will permit the construction of various buildings and auxilliary facilities on the site to permit the operation to include more internal functions and thereby reduce the amount of outside storage. On this basis, we have no objections to the approval of this rezoning." The Ministry of Agriculture and Food "no objection" Newcastle Fire Department "In regards to fire protection emergency service, over the years we have responded to fires involving considerable piles of scrap vehicles and tires requiring water tankers and pumpers for control purposes. I would recommend that the owner be requested to install a 22,500 litre underground water supply reservoir in accordance with policy in respect of fire protection standards in rural areas. In regards to the building, any operation that will improve the present situation would be desirable. The salvage yard storage can be improved in regards to piling and Fire Department access roads. Authority would be under the Ontario Statutes and Regulations Fire Marshal 's Act, O.R. 730/81 Fire Code. Parking facilities should be taken into consideration as there is considerable parking on the road allowance which, during adverse weather conditions, affects the response of emergency vehicles." Report No: PD-143-82 . ../2 The lands subject to this application are zoned "A-Agriculture" by Restricted Area (Zoning) By-law 2111 , as amended, of the former Township of Darlington. The requested zoning is "Industrial ". The subject site is designated "Industrial " by the Region of Durham Official Plan. Under the provisions of the Regional Official Plan, uses such as reclaiming and/or recycling, and open storage type uses are permitted. In that regard, the proposed rezoning of the southerly portion of Dom's Auto Parts Ltd. to recognize the existing use would be in conformity with the Official Plan. In accordance with Departmental procedures, the subject application for rezoning had been circulated to various departments and agencies for comments. The following comments were received: The Region of Durham Planning Department "We note that in the Durham Regional Official Plan, that portion of the site south of the C.P.R. line is designated "Industrial " and the portion to the north "General Agricultural ". The proposal to rezone the southerly portion of the site to an industrial category conforms. With respect to the northerly portion of the site, Section 11 .2.9 of the Durham Plan states that " . salvage yards may be allowed in specific locations in all Agricultural Areas at the discretion of the respective area municipality provided that such use: a) will not become an eyesore in the general landscape; b) will not create a nuisance to the surrounding uses; c) is not located in highly productive agricultural land; and d) is zoned in the zoning by-law in a special zoning category for that use."" Report No: PD-143-82 .../4 Newcastle Public Works Department "l . That the Applicant enter into a Development Agreement with the Town. 2. That the Applicant submit a Lot Grading and Drainage Plan indicating existing and proposed runoff patterns. 3. That a 1.0 foot road widening be dedicated to the Town as a road allowance. 4. That the existing entrance be upgraded and paved to an Industrial Standard. 5. That the Applicant provide adequate customer and employee parking, to eliminate parking on the shoulder of the road." The Newcastle Building Department "Should the rezoning be granted, perhaps the amendment could include a provision to require on-site parking for customers and staff, thus eliminating the roadside parking as it presently exists. Damaged motor vehicles are stored in the front yard and it would seem that this area could be utilized for the parking of customers ' cars." COMMENTS: In reviewing the subject application submitted by Dom's Auto Parts Ltd. and the comments received through the circulation, staff note that there were several concerns expressed with regards to the on-street parking which presently exists adjacent to Dom's. In response to this concern, staff will ensure that the required Site Plan Agreement provide for on-site parking for customers and employees and adequate fencing and buffering from adjacent uses. Staff are recommending that a development agreement be a condition of rezoning in order to ensure that all concerns related to the site development can be adequately addressed. Report No: PD-143-82 ... * The draft amendment attached to this Report would rezone the southerly portion of Dom's Auto Parts to an industrial type zoning category. The proposed zoning would allow the applicant to construct additional buildings to house automobile parts. This change in zoning would change the legal status of the subject lands to a conforming use. Staff are recommending that the attached By-law amendment be forwarded to Council for approval at such time as the applicant has entered into a site plan agreement with the Town of Newcastle. Respect tted, T. T. Edwards, M.C. I.P. Director of Planning EP*TTE*mjc August 4, 1982 Applicant: Dom's Auto Parts Ltd. R.R. # 2 BOWMANVILLE, Ontario L1 C 3K3 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER $2- being a By-law to amend Restricted Area By-law 2111 , as amended, of the former Township of Darlington, now in the Town of Newcastle. The Council of the Corporation of the Town of Newcastle deems it advisable to amend Restricted Area (Zoning) By-law 2111 , as amended, of the former Township of Darlington. NOVI, THEREFORE, the Council of the Corporation of the Town of Newcastle enacts as follows: 1 . Schedule "A" to By-law 2111 , as amended, is hereby further amended by changing to M2-4 the zone designation of the lands indicated as "ZONE CHANGE TO M2-4" on the attached Schedule "X" hereto. 2. By-law 2111 , as amended, is hereby further amended by adding to Section 9 the following subsection (4) :- "C12-4: Lot 32, Concession 1 , Darlington Notwithstanding any provision of this By-law to the contrary, those portions of Lot 32, designated "M2-4" on the attached Schedule "A" hereto, shall be used only in accordance with the provisions of this subsection. In the event that this subsection is silent on any matter, then the provisions of By-law 2111 , as amended, shall apply. (i ) Permitted Uses - a motor vehicle salvage yard, and buildings and structures accessory thereto. (ii ) Zone Provisions (a) Lot Area (minimum) 1 .5 hectares (b) Lot Frontage (minimum) 45 metres (c) Lot Coverage (maximum) 35 Per Cent 2 - (ii ) (d) Front Yard (minimum) 50.0 metres (e) Interior Sideyard (minimum) 7.5 metres, provided that where a side lot line abuts a lot having a residential use situated thereon within 30 metres , the minimum side yard shall be 9.0 metres (f) Rear Yard (minimum) 10.5 metres, provided that where a rear lot line abuts a residential zone, or abuts a lot having a residential use situated thereon within 30 metres, the minimum rear yard shall be 15.0 metres, and provided further that no rear yard shall be required from any portion of a rear lot .line which abuts a railroad right-of-way. (g) Landscaped Area (minimum) 10 Per Cent (h) Building Height (maximum) 10.5 metres (i ) Parking Spaces (minimum) 1 space per 90 square metres of building coverage. (iii ) Outside Storage Outside storage is permitted in side and rear yards only. 3. This By-law shall come into effect on the date hereof, subject to the provisions of Section 39(11 ) of the Planning Act, R.S.O. 1980. BY-LAW read a first time this day of 1982 BY-LAW read a second time this day of 1982 BY-LAW read a third time and finally passed this day of 1982 G. B. RICKARD, MAYOR D. W. OAKES, CLERK THIS IS SCHEDULE Y TO BY-LAW 82-___._, PASSED THIS___ DAY OF _______ A.D. 1982. R.O.W. C.P R. 201'5 2 m N67°5d 10"E E 00 IT E °0 0 O_ o N720 44'E o N _E ti z N 730 20 30°E ti � 3 22.86m N z N 0 o N 170274 Z T I 45.72m z N 73020'30'E 55.00m N73020'30"E 48.59m RD ALLOW. BTW. CON. B.F & I — BASELINE ROAD ( SEAL ) ZONE CHANGE TO M2-4 G.B. Rickard, Mayor 0 25 50 IOOm D.W. Oakes,Clerk 50 10 KEY MAP FORMER TOWNSHIP OF DARLINGTON 1:25 000 LOT LOT ° LOT LOT 1 LOT LOT LOT LOT LOT LOT 35 ; 34 33 I 32 ° 31 30 { 29 28 I 27 26 I SUBJECT I SITE I I `. HWY. INo Ail I I c I ° I