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HomeMy WebLinkAboutP-44-80 xN�'A IE K2 1• l�� CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL. (416)263.2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF MARCH 17, 1980. REPORT NO. : P-44-80 SUBJECT: Application for Rezoning Number Z-A-2-11-2 Lots 10, 11, Part Lot 12, Part Lot 20; Lots 21, 31, Part Lot 32, Block 'C' , Hanning's Plan, former Town. of Bowmanville - MacDonald Ford Sales BACKGROUND: The subject application requests an amendment to the Bowmanville Zoning By-law for a 5211.8 square metre (56,100 square feet) parcel of land fronting on King Street and George Street in the former Town of Bowmanville. The applicant intends to continue the use of the property for the sales and servicing of cars and trucks. The site is designated "Main Central Area" in the Region of Durham Official Plan. The continued use of the property as a car and truck sales and service operation is not permitted under this designation. However, Section 16.6.5 of the Regional Plan would allow, "at their discre- tion, the Councils of the area municipalities, to zone to permit the con- tinuation, expansion or enlargement of existing uses provided that such existing uses have no adverse effect on the present uses of the surrounding lands." The site is presently zoned "Commercial" in the Bowmanville Zoning By-law. Permitted uses in this zone do not specifically include the operation r 2 - of a car and truck sales and service outlet, although unspecified retail stores may be permitted. It should be noted that the existing use does not predate the approval of the Bowmanville Zoning By-law. Staff, therefore, do not interpret the use as "legal non-conforming." The application was circulated to the following agencies for comment: The Durham Planning and Works Department: "The subject parcel is designated "Main Central Area" in the Durham Regional Official Plan. Automobile sales and service operations are not permitted. Newcastle Council, however, may, at their discretion zone to permit the continuation, expansion or enlargement of existing uses provided that such existing uses have no adverse effect on the present uses of the surrounding lands or the implementation of the provisions of the Durham Plan. Each such case is to be considered on its own merits by local Council. With respect to the provision of Regional services, municipal sanitary sewer and water supply facilities are available to the subject site. In addition, adequate capacity for additional service connections is available if required. In view of the proposal being commercial, there are no financial planning implications with respect to the current development policies of the Regional Municipality of Durham." Newcastle Fire Department: "The Fire Department has no objection to the proposed Zoning Amend- ment provided that: 1) Access to the property at all times from the travelled portion of a road or driveway. 2) Survey indicates Queen Street and Frank Street closed. At present there is access to rear of apartment building and commercial building n Frank Street via closed g Queen Street. 3) Future structural development to comply with standards for fire safety and prevention." Newcastle Public Works Department: "The Works Department would have no objections to the Application for Rezoning provided that the Applicant controls any storm drainage and directs same to King Street, if future construction is to take place. This would, of course, have to be done to the satisfaction of the Town." 11_�,M) - 3 - The Newcastle Building Department: had no objection to the rezoning of the subject property. COMMENT: As noted, the site is currently zoned "Commercial" in the Bowmanville Zoning By-law. Permitted uses in this zone do not specif- ically include the operation of a car and truck sales and service out- let, although unspecified retail stores may be permitted. As noted, the Regional Official Plan does not permit automobile sales and service operations in designated "Main Central Areas" but Town Council may zone to permit the continuation, expansion or enlarge- ment of existing uses. As MacDonald Ford Sales was reportedly established in 1960, staff would have no objection to recognizing the existing use. It should be noted that prior to the issuance of any building permits for future possible expansions of the use, the owners will be required to enter into a site plan agreement with the Town as required under By-law 79-151. RECOMMENDATION: It is respectfully recommended: 1. That application for rezoning number Z-A-2-11-2 be approved; and 2. That the attached By-law Number 80- be forwarded to Council for approval. Respectfully submitted, EP:lb D. N. Smith, M.C.I.P. March 4, 1980 Director of Planning THE CORPORATION OF THE TOWN OF NEWCASTLE By-law Number 80- being a By-law to amend Zoning By-law 1587, as amended, of the former Town of Bowmanville. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend Zoning By-law Number 1587, as amended, of the former Town of Bowmanville. NOW THEREFORE the Corporation of the Town of Newcastle ENACTS as follows: 1. Schedule "B" to By-law 1587, as amended, is hereby further amended by adding thereto the following: "Special Condition 10 A parcel of land on the south-east corner of King Street and St. George Street as shown on "Schedule A" cross-hatched and marked "Special Condition 10" shall be subject to the special regulations hereinafter contained, and where there is any conflict between the regulations hereinafter set out and any other provisions of this By-law, as amended, the provisions of these special regulations shall apply but in the event that this special condition is silent on any matter, then the provis- ions applicable to a C zone will apply. 1.1 Defined Area The area subject to this Special Condition is as shown on Schedule A "cross-hatched and marked "Special Condition 10". 1.2 Permitted Uses In addition to the uses normally permitted in the C zone, the lands described on "Schedule A' as "Special Condition 10", may be used for the purposes of a car and truck sales and service i outlet. 2. Map 4 of Schedule "A" to By-law 1587, as amended, is hereby further amended by adding cross-hatching and the words "Special Condition 10" to the zone designation of the lands so indicated on the attached Schedule "K" hereto. 3. This By-law shall come into effect on the date hereof, subject to the provisions of Section 35 (10) of the Planning Act. BY-LAW READ a first time this ,,:,/ day of f. ' , A.D. 1980. BY-LAW READ a second time this <7/ day of rr t F A.D. 1980. BY-LAW READ a third time and finally passed this ,;�! day of A.D. 1980. G. B. RICKARD, Mayor (seal) - J. M. McILROY, Clerk THIS - IS SCHEDULE IXI TO BY-LAW 80- PASSED THIS___L_( _ DAY OF IA. D, (980 . KI NG STREET 51.79m z _-4 I I 1 Q) 4 • a) w > w E Ltj OD U) uj w (D 0 cr V) w 0 0 I z 6) RIGHT OF WAY E 55-36m co :rM, 1....... SUBJECT TO SPECIAL CONDITION 10 0 10 20 50m G.O.Rickard,Mayor 10 J-M.Mcllroy,Clerl( t 14 1 13 � 12 1 11 � 10 I 9 8 I 7 6 ca I zv�yll 41 is I � n I I I 0 �► ix 0 a o aaa 0 O 1 BO MA VILL E OO 0 SUBJE i � I Sao _ 11 0 EJ CC LL I KEG' MAC' for BY-LAW 80- . TOWN �` 3OWMANVILLE o 250 500m 200 VA CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P., Director HAMPTON,ONTARIO LOB 1JO TEL. (416)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF MARCH 17, 1980. REPORT NO. : P-44-80 SUBJECT: Application for Rezoning Number Z-A-2-11-2 Lots 10, 11, Part Lot 12, Part Lot 20; Lots 21, 31, Part Lot 32, Blocl, 'C' , Hanning's Plan, former Town of Bowmanville - MacDonald Ford Sales , BACKGROUND: The subject application requests an amendment to the Bowmanville Zoning By-law for a 5211. 8 square metre (56,100 square feet) parcel of land fronting on King Street and George Street in the former Town of Bowmanville. The applicant intends to continue the use of the property for the sales and servicing of cars and trucks. The site is designated "Main Central Area" in the Region of Durham Official Plan. The continued use of the property as a car and truck sales and service operation is not permitted under this designation. However, Section 16.6.5 of the Regional Plan would allow, "at their discre- tion, the Councils of the area municipalities, to zone to permit the con- tinuation, expansion or enlargement of existing uses provided that such existing uses have no adverse effect on the present uses of the surrounding lands." The site is presently zoned "Commercial" in the Bowmanville Zoning By-law. Permitted uses in this zone do not specifically include the operation � I of a car and truck sales and service outlet, although unspecified retail stores may be permitted. It should be noted that the existing use does not predate the approval of the Bowmanville Zoning By-law. Staff, therefore, do not interpret the use as "legal non-conforming." The application was circulated to the following agencies for comment: The Durham Planning and Works Department: "The subject parcel is designated "Main Central Area" in the Durham Regional Official Plan. Automobile sales and service operations are not permitted. Newcastle Council, however, may, at their discretion zone to permit the continuation, expansion or enlargement of existing uses provided that such existing uses have no adverse effect on the present uses of the surrounding lands or the implementation of the provisions of the Durham Plan. Each such case is Lo be considered on its own merits by local Council. With respect to the provision of Regional services, municipal sanitary sewer and water supply facilities are available to the subject site. In addition, adequate capacity for additional service connections is available if required. In view of the proposal being commercial, there are no financial planning implications with res*pect to the current development policies of the Regional Municipality of Durham." Newcastle Fire Department: "The Fire Department has no objection to the proposed Zoning Amend- ment provided that: 1) Access to the property at all times from the travelled portion of a road or driveway. 2) Survey indicates Queen Street and Frank Street closed. At present there is access to rear of apartment building and commercial building on Frank Street via closed Queen Street. 3) Future structural development to comply with standards for fire safety and prevention." Newcastle Public Works Department: "The Works Department would have no objections to the Application for Rezoning provided that the Applicant controls any storm drainage and directs same to King Street, if future construction is to take place. This would, of course, have to be done to the satisfaction of the Town." r 3 The Newcastle Building Department: had no objection to the rezoning of the subject property. COMMENT: As noted, the site is currently zoned "Commercial" in the Bowmanville Zoning By-law. Permitted uses in this zone do not specif- ically include the operation of a car and truck sales and service out- let, although unspecified retail stores may be permitted. As noted, the Regional Official Plan does not permit automobile sales and service operations in designated "Main Central Areas" but Town Council may zone to permit the continuation, expansion or enlarge- ment of existing uses. As MacDonald Ford Sales was reportedly established in 1960, staff would have no objection to recognizing the existing use. It should be noted that prior to the issuance of any building permits for future possible expansions of the use, the owners will be required to enter into a site plan agreement with the Town as required under By-law 79-151, RECOMMENDATION: It is respectfully recommended: 1. That application for rezoning number Z-A-2-11-2 be approved; and 2. That the attached By-law Number 80- be forwarded to Council for approval. Respectfully submitted, EP:lb D. N. Smith, M.C.I.P. March 4, 1980 Director of Planning Tlli?, CORPORATION OF TIIHI 1'OWN OF NEWCASTLE' By-law Number 80- bcinl; a 13y-1,1w to ;niwnd Zoning By-1;iw 7.587, as amended, of the former Town of Bowmanville. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend Zoning By-law Number 1587, as amended, of the former Town of Bowmanville. NOW THEREFORE the Corporation of. the Tom of Newcastle ENACTS as follows: 1. Schedule "B" to By-law 1587, as amended, is hereby further amended by adding thereto the following: "Special Condition 10 A parcel of land on the south--east corner of King Street and St. George Street as shown on "Schedule A" cross-hatched and marked "Special Condition 10" shall be subject to the special regulations hereinafter contained, and where there is any conflict between the regulations hereinafter set out and any other provisions of this By-law, as amended, the provisions of these special regulations shall apply but in the event that this special condition is silent on any matter, then the provis- ions applicable to a C zone will apply. 1.1 Defined Area The area subject to this Special Condition is as shown on Schedule A "cross-hatched and marked "Special Condition 10". 1.2 Permitted Uses In addition to the uses normally permitted in the C zone, the lands described on "Schedule A' as "Special Condition 10", may be used for the purposes of a car and truck sales and service outlet. 2 - 2. Map 4 of Schedule "A" to By-law 1587, as amended, is hereby further amended by adding cross-hatching and the words "Special Condition 10" to the zone designation of the lands so indicated on the attached Schedule "X" hereto. 3. This By-law shall come into effect on the date hereof, subject to the provisions of Section 35 (10) of the Planning Act. BY-LAW READ a first time this day of A.D. 1980. BY-LAW READ a second time this day of , A.D. 1980. BY-LAW READ a third time and finally passed this day of A.D. 1980, G. B. RICKARD, Mayor (seal) J. M. McILROY, Clerk i i MIS IS SCHEDULL '>C' TO 13Y--LAW 80- q PASSED THIS DAY OF ,A. D. 1930. FLING STREET 51.79m i• � I I I I I � I . I L W rn O i I Ld W B I o 8 . I ---1------- I I Lij CD :°ii. I W 38-10 M W DIY rr I 93.46m ' I � SUBJECT TO SPECIAL CONDITION 10 f 0 10 20 50m G.B,RIckard ,Mayor --Y 10 5 J.M.McIIroy,Clerlt 1 14 13 12 1 11 10 9 8 1 6 4 C,' "/C X"I 0 LOP I I— O ui BOWMAKI pia LL E J ,� /SUBJEC 1--liSITE 0 /W — ---D - - � D� -J�- �� -A KEY MAP for BY- LAW 80-- 0 250 500m TOWN OF P' WMANVILLE 200