HomeMy WebLinkAboutP-40-78 CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING DEPARTMENT
TELEPHONE 263-2231 — HAMPTON, ONTARIO, LOB 1.10
TO: Chairman and Eembers of the 1EPORT NO. P-40-78
Planning and Development Committee DATE: 1,L,)zr 8, 1978
2T 13.7r:CT: Report on Application for 7onasZg Dy-1_a-r 1lr_iondrlent, IIo.7- -1-7-1,
Trot 32, Concession 1 , Darlington - Joseph H. Vetere (Don's Auto Parts)
1. Introduction
On September 114, 1977, an application was submitted for a chrnaige in zoni
to recognize a salva6e yard presently existing on ?-1,7.81 acves of land in Trot
32, Concession 1 , Darlington.
2. Official. Plan Provisions
The Durham Official Plan designates the portion of the subject lands lying
south of the V.P.R. tracks "Industrial Area" and designates the portion of the
subject lands lying north of the C.P.R.tracks "General Agricultural area".
The Industrial designation does not refer specificly to salvage yards, but
Section 8.4.2.1 does permit -warehousing, assembly, processing, end story-;e
of goods and raw materials. Lroadly interpreted these -words -would appeaa? to
cove-- most of the operations carried on in a salvage yard..
With reds to salvage yards located in the "Gencral Agricultural Arco,"
they are agnin not listed as a pe?°m*tted use. Imo-never, Section 11.2.9.
provides the following exception.
1111.2.9 Notwithstanding any provisions in this Plan to the
contrazy, salvage yards may be allowed in specific
locati oxis in all Agricultural Areas at the discretion
of the respective area mii cipal_ity provided that
such use:-
a) will not become an eyesore in the goneral.. Landscape;
b) will not create a, nuisance to the sure. ounding twos;
I
c) in not located. in hiChly pToductivo agricultural landn; ax-id
d) is zoned in the zoning Iry-la.,vt in a speciall zoning catego-.M.j
for that use."
The subject salvage yard, from our lmowle(18-c of the ope a tion, doers not
comply with the four provisions of the above section in that it is hip,,b3y
visible from the surrounding area including lli(;-=,y b,01 has created a
nuins-nee due to on street pax]-,ing, is located on iffiat are or were }At,,hly
y.coductive agricultural lands, and is not zoned for the specific purpose.
The matter of zoning is, of coitese, -the subject of the present application.
1-1hother or not the subject sallvaCp yard is p(-,=At1U(,,J in -the Industrial
and Goneral Agricultural designations, as an oxanlu-Ln: tine it is affected
by the following policy:
1116.6-5. Notwit1mtandin,,, Sections 8.3-3.3, 16.6.1t 16.6.2 and
16.6-39 this Plan is not intended noc000axily to prevent
the construction, expansion, or enlargement of existinC
uses iql-dch do not conform to the aen ionalu-ions and pro-
visions of this Plan. At their- 0.1-r-cretion, the Councils
of the area mmicipalities may zone to pornit the conti-
nuation, oxax,=ion or enlar&cment of exinting uses pro-
vided that such existinr; uses have no ail.verne effect on
the stwr=ndiaig lands or the implementat-ion of the pro-
visions of this Plan. Each ease trill be considered on
its oi.m merits by the Council of the ren-oactive axoa
rm=cipa,lity or the authority having' juxin diction".
It wo-ald appoar from thin, that, notwithstanding the actual deni,,�,nation
of the subject land, the existing, salvage yard nay be reco,�ized in the
Tot 's Zoning By-law if Council is satified that it h,-z no advers e 0 f f e CU
on the m=oundinC lands or the implementation of the provisions of the
Official. Plan. It should. be noted that existing uses M of Ju.1-Y 14, 1976
may be recognized in the Toirm's Zoning by-law whether or not they 11ferre law-
ful uses on the day the Official Plan eras at-IoDltod-
The Darlington Official Plan desipiiates the subject lend ar, AC;Lic-LJ_tt1x.)2.
Ifiie use of lend for the purposes of 0, f3alvar,,e yard in not pen-Tii•b•Ged in
Agric-0.tural Areas, however, Section 5.2.1 of the Durham Official Plan
provides tul-�)It whe3�o there is a conflict between the provisions of caly
exdstiW; Official. Plan and the Durham Official. Plea, the Aixhan Official
Plan rxovails. Therefore, if the subject salvage yg.rd were found to be
pexTaisvible undea? the provisions of the Duarhon Official PI'va-11 this would
prevail over tho provisions of the Dar.linr-,ton Official 1-U-n.
3. Present Zoe i= 1--Tovisions
The subject Imub sxc presently zoned IIACXiculturalll. A rjalvarro yord is not
a perriAtted use in the Aaricitltural Zone.
4. Circulation of the A22p
.1,ication
The application i.mcirculated to the followinC a,cncies for their
corraents.
1. 11i nisti-j of the Environment
2. Durhan Plazlning Department
3. Airlien Health Unit
1�. Newcastle Works Department
5. Newcastle Building Department
G. 1,Tewcastle Fire De-
partraont
7. C.P.Rail
The Newcastle Pire Department did not reply and eras a�,%suncd to have
no comments.
5. Response to Circ-Lflation
The folloi,ting, responses were received to circiilation of the application.
1. The I-UnistT-, of the Environment advised that
a satisfactory operation has been maintained in the paclu- once.
the Hinist:iyy anticipates no probleTi-o with this site. Vile, haAre
no objection to the re-zoning.
2. The Dua?han I)I=inr,, Department advised as follows: (Dat-ed- ITovenber 25,1977)
"'Lie Daxlixigbon Official Plan desigiates the subject site pr.Lmarily
"A,gricultural". Proposal does riot appear to conform. hfowcvel-,
it is no-bed that, all exristinC Official Plans, when at variance
with the Doxham regional Plan, shall be deemed to conforn once
the Doxhan Regional Plan is approved by the Niniste:L�.
4
The subject site is designated "Industrial"" and "Gene-call
Agricultural &xcall in the Durham ller;ional Plan. Proposal
p=.tiaJ-ly conforms. Section 16.6.5 of the P-1-on pexy-A'Uri loc,,3,
council to rezone existing uses which do not conform to t-ho
provisions of this Plan, provided that such uses have no
adverse effect on the present uses of the su:r.,:roLmdinC lands
or the innlementation of the provisions of this PDan. 1,7ach
rezoning application will be considered on its oira merits by
the local council".
3- The Durham Health Unit advised -that
they hozI no objections to the application.
.11 , .plication.
1;.. �11,ie !Tc.,1•rc.aztle Works Department advised that
they do not recommend rezoning a,�Ticultural land for m7avaLp
yards; the present salv ,e yard is creating; a problem in the
-,ea of pc-ridne, supposedly due to the e:_panqion of business.
Customers now have to pail: on the Base Line, and this creats
a traffic hazard.
5- The Hei•Tcro•ble BuildLnDepartment advised that
tiro buildings on the site plan were constructed illegally
(approximately October 1976) and without a building permit.
A charge of building without a building permit is no,,•r before
the courts and Zoning By-law charges axe -pendinp, the outcome
of this application.
There is some doubt as to whether all the buildings shown on
the -plan of survey still exist or not.
6. Staff Comments
The present automobile wreck -minc
in,- yard appears to be a non-confoii
use located on the subject lands prior to the paosin,�:. of the
Darlington Zoning By-law. Although the use has e.:Damded in area
since the date of the zoning by-law, the c=ent ix- ep, has been
occupied and used. for at least ten yeaxs. In any prosecution
the intent for which the land was hold at the time of passing of
the zoning by-law would also be a relevant consideration. In
conclusion, we do not feel that aiV prosecution under exiotinr.
by-laws at this late date could be successful in either removing
or restricting the area of the present operation. 110ho lend on
which the ixecking, yard is located was at one tine hioilly prod-
uctive agricultural land, but some of the soil has undoubtedly
been contaminated during its use as a i-reecking ycxd. It would
-probably be difficult to restore the land to ar,7.icu_1t-wcal production.
The present irrecking yaxd employs approximately 30 neople.
- 5 -
'Tho topo;;Taphy of the site in nuch that it i.n hid, ly viciblo
from a. considerable distance, especia7.l,r from I:ai ,hway 1.01 to
the south. While fencing and screening located on the pro.,)erty
could reduce the visibility of the yard from adjacent lands,
the only way in wbi.ch screening from Hir hwity 101 could be a.-
chieved would be to plant appropriate screeni.n on the ve7°,;e
of the highway itself.
It is our conclusion that pom's Auto Parts is -on established,
viable enterprise which is likely to remain in operation for
many yea°os regardless of zoning, for as l onP F, time as auto-
mobile wrecking remains an economic activity in tlii s axxea.
P'coblems which exist with this business, including; insufficient
cuntomer parkin;, can only be resolved throW,h enactment of a
strong. salvage yard regulatory by-law under the 1hMicipal.Act.
They cannot be resolved through. zoning where n une has been
lon,; established as in this case.
7. Ile eomriendat ions
It is recommended that
(1 ) the Town enact a new by-law to license and rot- ate
salvage yards under the provisions of the 1-;vnicipal Act.
(2) the subject land be rezoned to an appxolrliate industrial
category to recognize the existing use.
(3) the Ministry of Transportation and Comr-ninications be
requested to provide ,landscaping and. screening of the
subject land if possible in conjunction with the re-
construction of HighwN7 101 in the adjacent area.
Respectfully submitted,
George F. Howden,
Toim Plannor.
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COURTICE
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