HomeMy WebLinkAboutP-58-80 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 31, 1980.
REPORT NO. : P-58-80
SUBJECT: Application for Rezoning Number Z-A-2-11-2
MacDonald Ford Sales Ltd.
BACKGROUND:
The attached report P-44-80 was presented to the Planning and
Development Committee Meeting of March 17, 1980 and was referred back
to staff for further clarification.
This action, which was requested by staff, was necessitated by
the discovery that the survey submitted by the applicant, as part of
the application for rezoning, was incorrect and that the proposed By-law,
based on this survey, included in the Special Condition lands which had
been severed from the subject site several years ago.
This error was brought to staff's attention by the owner, after
he had been sent a copy of Report P-44-80.
COMMENT:
Report P-44-80 has now been altered by revising Schedule "X" to
reflect the correct property limits of the MacDonald Ford Site.
2 -
RECOM�NDATION:
It is respectfully recommended:
1. That the attached Report P-44-80 be received for
information; and
2. That the attached By-law Number 80- be forwarded to
Council for approval.
Respectf lly submitted,
DNS:lb D. N. Smith, M.C.I.P.
March 25, 1980 Director of Planning
CORPORATION OF THE TOWN OF NEWCASTLE
►
PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director
HAMPTON,ONTAR 10 LOB UO 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. Tlie. applicant intends to continue the use of the property
for the sales and servicing of cars and trucks.
The ptLe 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. Perm►.tted uses in this zone do not specifically include the operation
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,
cto not inter°tarot the use as "'Legal non-conforming."
The application was circulated to the following agencies for
comrnen t:
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 sewn r 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 com(nercial, there are no financial
planning implications with respect to the current development
polivies of the Regional Municipality of Durham."
Newcastle Fire Department:
"The lire 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."
3 —
The Newcastle_Building Department:
had no objection to the rezoning of the subject property.
s
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 Mad)onald Ford Sales was reportedly established
in 1960, stuff 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.
4'
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 ehe 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`WoCher 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
':let.
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