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Home My WebLink AboutPD-4-93i THE CORPORATION OF THE TOWN OF NEWCASTLE DN: DREws.GPA REPORT Meeting: General Purpose and Administration Committee Date: Monday, January 4, 1993 Report #: PD-4-93 File #: DEV 92-044 File #Dt~~1~EtJ•Ga•04~ Res.# CPA--~-93 By-Law # 9 ~ _ a, Subject: REZONING APPLICATION - JOERGEN DRBWS PART LOT 15 6 16, CONC. 1, FORMER TOiPNSHIP OF DARLINGTON FILE: DEV 92-044 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-4-93 be received; 2. THAT the application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Juergen Drews, be APPROVED; 3. THAT the attached amending By-law be approved; and 4. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Juergen Drews 1.2 Owner: Canadian Tire Corporation Limited 1.3 Rezoning: From General Commercial - Special Exception (Ci-7) to an appropriate zone or zones in order to permit the establishment of a take- out eating establishment (hot dog vending cart) in addition to the existing retail commercial establishment. 1.4 Area: 2.28 hectares - 528 o.o. ~~. ~.<.E REPORT NO. PD-4-93 PAGE 2 2. BACRGROIIND 2.1 In September of 1992, .Development Department Juergen Drews to amend Zoning By-law 84-63 in establishment. the Town of Newcastle Planning and received an application filed by the Town of Newcastle Comprehensive order to permit a take-out eating 2.2 The subject property is a 2.28 hectare parcel of land located on the south side of Highway ~ 2 approximately 330 metres to the west of Regional Road # 57, but is more formally described as Part of Lots 15 and 16, Concession 2, in the former Township of Darlington. The proposed hot dog vending cart is to be located in front of the Canadian Tire Store. 3. PUBLIC NOTICE AND SIIBMZ88ION8 3.1 Pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. In addition the appropriate notice was mailed to each landowner within the prescribed distance. 3.2 As of the writing of this report, no written submissions have been received. In addition, a Public Meeting was held on November 16, 1992. The Public Meeting was not attended by any area resident or property owner. 4. OFFICIAL PLAN CONFORMITY 4.1 Within the existing Durham Regional Official Plan, the subject property as designated Residential while the recommended Regional Official Plan designates the subject property as a Living Area. Commercial uses are permitted under these designations provided that they are designated in the local Official Plan. The Town of Newcastle Official Plan indicates ....3 ~: REPORT NO. PD-4-93 PAGE 3 a Local Central Area symbol in the general vicinity of the subject lands. The application would therefore appear to conform with both the recommended and existing Regional Official Plans and with the Town of Newcastle Official Plan. 5. ZONING BY-LAW COMPLIANCE 5.1 Within the Town of Newcastle Comprehensive Zoning By-law 84- 63, the subject property is zoned General Commercial - Special Exception (C1-7) which permits only a Motor Fuel Bar and a Motor Vehicle Repair Garage as an accessory use to the retail commercial establishment. Since the applicant is seeking to add an eating establishment - take-out (hot dog vending cart) as a permitted use, an amendment to the Town of Newcastle Comprehensive Zoning By-law 84-63 is required. 6. AGENCY COMMENTS 6.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The Planning and Development Department has received submissions from the Regional Planning Department and the. Town's Public Works, Community Services and Fire Departments. None of the aforementioned agencies have provided objectionable comments. 7. STAFF COMMENTS 7.1 The applicant intends to amend the General Commercial - Special Exception (C1-7) zone in order to add an eating establishment - take out as a permitted accessory use. The C1-7 zone is a site specific zone category which was created for Canadian Tire and currently only allows the development of the lands with a Motor Vehicle Fuel Bar and a Motor Vehicle Repair Garage as accessory uses to a retail commercial establishment. ....4 _ X30 REPORT NO. PD-4-93 PAGE 4 7.2 Staff have reviewed the merits of the application and are of the opinion that the request is justifiable from a planning perspective since it would appear that there will be minimal, if any, impacts upon the municipality. 8. CONCLOSION 8.1 In view of the comments contained within this report, Staff would have no objection to the approval of the application and recommend that the attached amending by-law be APPROVED. 8.2 However, Staff approved, the a regulations and permitted use. the new zone establishment - the C1-7 zone. advise that, should the application be Wending By-law deletes the existing C1-7 zone adds the eating establishment - take out as a Therefore, for the Committee's information, regulations include not only the eating take out but also the existing regulations in Respectfully submitted, ~~ ranklin Wu, M.C.I.P. Director of Planning and Development WM*FW*CC *Attach 14 December 1992 Recommended for presentation to the Committee Chief AdministZa~ive Officer cc I Interested parties to be notified of Council and Committee's decision: Juergen Drews 2009 Bushmill Street PICKERING, Ontario L1X 1C8 531 T Attachment # t ~ A ~~ ,a i : -:.:.:. e.. 7... 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WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Town of Newcastle to add an eating establishment take-out as a permitted use in accordance with caning amendment application DEV P 92-U44. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Tovm of Newcastle enacts as follows: 1. Section 16.5.7 "General Commercial (Cl-7)" zone is deleted in its entirety and replaced by a new Section 16.5.7 as follows: "16.5.7 GENERAL COMMERCIAL EXCEPTION (Cl 71 ZONE Notwithstanding Section 3.1 (h) (f), 3.11 (a), 16.1, 16.3 and 21.3 (c) (i), those ]ands zoned Cl-7 on the schedules to this By-law may only be used for an eating establishment takeout, a Motor Fuel Bar and a Motor Vehicle Repair Garage as accessory uses, to a retail commercial establishment and shall be subject to the following zone regulations: a) Yard Requirements (minimum) i) Front Yard for Motor Vehicle Fuel Bar 10 metres b) Floor Area, Total (ma>jmum) i) Motor Vehicle Fuel Bar Shelter 28 square metres c) Lot Coverage (maximum) 35 percent d) Landscape Open Space (minimum) 12 percent e) Planting Strip Abutting Street Line (minimum) 3.0 metres f) Loading Spaces (minimum) 2 spaces 2. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a firs[ time this day of BY-LAW read a second time this day of BY-LAW read a third time and finally passed this 1993. 1993. day of 1993. MA CLERK ~S4