HomeMy WebLinkAboutP-46-80 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-46-80
SUBJECT: Application for Rezoning Number Z-A-2-1-6
Part Lot 13, Concession 2, former Town of Bowmanville
(Pete's Esso Service)
BACKGROUND:
An application has been submitted requesting an amendment to
the Restricted Area (Zoning) By-law of the former Town of Bowmanville
in respect of two existing lots, fronting on Scugog Street, totalling
15,634 square feet in area. The application requests the rezoning of
this site:
1. to recognize the existing legally non-conforming service
station (Pete's Esso) and to permit an expansion of this
use to include the display and sale of up to three cars; and
2. to permit the display and sale of up to five cars in the
front yard of the single family dwelling to the north of
Pete's Esso.
The site is designated "Residential Areas" in the Durham Official
Plan. Neither a service station nor a new and used car lot is a per-
mitted use on lands with this designation. However, Section 16.6.5 of
the Durham Official Plan permits the Council of an area municipality to zone
c�
to permit the continuation, expansion or enlargement of existing uses, ' ro-
vided that such existing uses have no adverse effect on the present uses
of the surrounding lands. . . .". It is noted that the subject site is sit-
uated in an established residential area.
The site is zoned "General Residential" in the Bowmanville Zoning
By-law, and commercial uses are not permitted by this zone designation.
The service station on the lot was established before the By-law was passed
in 1959, and is, therefore, legally non-conforming. However, the sale of
new and used cars does not enjoy the status of a legal non-conforming use
and, in fact, the owner has been charged with a contravention of the By-law
in this regard. The Court Hearing of this charge is schedule for March 28,
19 80.
If Council chooses to approve the subject application for rezoning,
a Special Condition to the By-law, which would limit the commercial uses
permitted on the lot to a service station and car lot, would be appropriate.
The application was circulated to the following agencies for com-
ments:
Durham Planning and Works Departments
Newcastle Works Department
Newcastle Fire Department.
All of these agencies replied.
The Newcastle Works and Planning Departments advised that the
site is designated "Residential" in the Durham Official Plan, and that
the use of land for an automobile garage and sales outlet is not permitted
by this designation. They pointed out, however, that Section 16.6.5 per-
mits local Council, at its discretion, to zone to permit the continuation
3 -
or expansion of existing uses, provided such existing uses have no
adverse effect on the present uses of the surrounding lands. It is
the Region's interpretation that the term "existing" refers to both legal
and illegal non-conforming uses.
The Newcastle Fire Department indicated that access to two
sides of a building is required for fire fighting purposes, and that
the optimal width for an access route is 20 feet to allow for proper
manoeuvering of fire equipment. The Department expressed concern that,
because of the size of the lot, parking of cars in the front yard of the
Service Station would block the required access to the building.
The Newcastle Works Department advised that they had no objection
to the approval of the application, but requested an eight foot road wid-
ening along Sturrock Street as a condition of rezoning.
COMMENTS:
The Durham Official Plan would permit Council to approve the sub-
ject application for rezoning if, in the opinion of Council, the use of
this land as a service station and new and used car lot "would not have
any adverse effect on the present uses of the surrounding lands". It is
the opinion of staff that the establishment of a car sales outlet and the
entrenchment of the existing service station in this location would nega-
tively impact the surrounding land uses, for the following reasons:
1. The subject site is located at the south-west corner of
Sturrock Street and Scugog Street, in a well-established
stable residential neighbourhood, and is bounded by resi-
dential uses to the north, south and east. There is an
existing industrial area to the west of the subject land,
comprising Sturrock Heating Supplies, the Bowmanville Foundry
— 4 —
and the R.M. Hollingshed Corporation plant; however, those
uses front on Sturrock Street and do not intrude into the
residential area fronting on Scugog Street.
The approval of this application for rezoning would intensify
and perpetuate the commercial use of the service station lot,
and could by allowing the expansion of this commercial use
to an abutting residential lot, create a precedent for similar
conversion of the residential properties south of the subject
lands for Commercial uses. It is noted that the service station
on the lot has the status of a legal non-conforming use; and
Council's refusal of this application for rezoning would not
change the status of the service station, but rather would
protect the surrounding residential uses from further dis-
ruption.
2. An inspection of the attached site plan will reveal the limited
amount of space available for the proposed uses. The front lot
line of the service station lot lies one foot south of the ex-
isting gas pumps, and cars obtaining gas from the east side of
these pumps must encroach on the Scugog Street road allowance.
The applicant proposes to display three cars for sale between
the gasoline pumps and the garage, as well as to continue to
sell gasoline from the pumps. In addition, although the appli-
cant proposes the provision of a customer parking area to the
rear of the garage, the poor access between this parking area
and the car display area will likely result in the use of the
front yard, and/or the road allowance, for customer parking,
producing further congestion in the front yard and possible
traffic safety problems on Scugog Street. The total area
of the front yard of the gas station is 1700 square feet.
The proposed display of five cars in the front yard of the
residential lot to the north of the service station would
create similar problems.
3. These congested conditions will not only create a negative
visual impact in the area, but could also create a fire hazard,
since it is highly unlikely that a 20 foot wide access route
will be available to provide sufficient access for fire fight-
ing equipment to two sides of the buildings.
4. On the date the site inspection was made, some 10 to 20 vehicles,
in various states of repair, were stored to the rear of the
buildings on the subject lands, even though the application
requests permission to store only eight vehicles for sale.
Staff is concerned that it would be exceedingly difficult to
restrict the scale of a car sales operation on the lot to even
the eight cars proposed.
Because the approval of this application would strongly recommend
that this application to rezone the subject lands to permit a gasoline
station and a new and used car lot be refused.
RECOMENDATION:
It is respectfully recommended:
1. That this report be received for information;
2. That application for rezoning Number Z-A-1-2-6 be refused;
and
3. That the Town of Newcastle By-law Enforcement Officer,
the applicant and the Region of Durham be advised of
the Town's action in this regard.
Respectfully submitted,
NJF:lb D. N. Smith, M.C.I.P.
March 11, 1950 Director of Planning
RAN SHOWING
Right - of - Way Inst. N® 8919) PART OF L 0 TS 2 AND 5,ALL OFLO T53 AND 4
STURROCK ROAD ACCORDING TO REGISTERED PLAN Ne 82
— "I ro, F AND PART OF TOWNSHIP L 0 T/,3,CONC ESSION 2
-�15 0
5 0 T-1 135 - 0
o 20
ALL W1 THIN THE L/M/TS OF THE
ID TOWN OF 80 WIVA N VIL L E
COUNTY OF DURHAM
C I
b �
Q, INST. a NQ 2 54 13
SCALE* inch = 30 feel
z�
�?Lj l L---—i --
Q: lcl
_0"— e , 20�
/V 74 0 00
7z—x-
PL
222 — 7 -3068
•
ocrc,e Pela""q wol/ 00 South
20
Cincrele Block
r
4 0
-.J C� 11 sorv/ce carage
1< cl Ld
0)
20'
N74009E n I Lor Ll&,, /50- 0'':o /0
I C0
1t N 74 0 00'� INST. N 9 7217 /5o, 0" 4,-2,•
Sp,*e
N 74° 00 E D,,,ewy
SURVEYORS CERTIFICATE
HFREHY 7H,47
Q)
I
2 Slory 30 71 ThIs survey and plan ore c0rfeCl and to OCCOrOonCe w,M Me.Surveys Cl 0 the
conc Block i9wellIng Reg 511-1 ACI and r6qUlOtI0n5 lno(7e 11?er0UodPr
The survey w05 comp Ieled 0/?1he9M JO/ qlkfcrch,1971
Q) /Vo r2 50,909 S/
V
INST. NQ 11316
30 6H
Lor LNE
71017
t, ID D Rwowlv--—————
:D MARCH /0, 1971 0/7/a/,�o Lo1?o`Surveyor
cli N 74 OOF
1106
00
z Den oles /too So/' 518'x518'x24Tong.
a Denoles plonled.
NOTE* PARKING SPACES ADDED FEB.5,1980.
V)
Fd. Denoles /ound.
R D n
Ar
jr
\ C 387.5
380 I --
f i Zvi p E
5g \
9 Ao _ i X-
J. /358 �- - % - - X - a
386
m
X
o�b I C
-
�I I /
0,}
/
lbo
,1 g /
� 360 _ x :=::•• �,
DOD
oX
\�-� 1✓- — \ ago 383.8
A, 3 8I
\�\ CD
o
IMPERIAL OIL
\ I II 11p 1 /g SUBJECT
n
10 W
0
0
EXISTING LAND USE i"=200'
ml RESIDENTIAL ® COMMERCIAL ® INDUSTRIAL