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Home My WebLink AboutPD-7-98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN:DEV87069.GPA REPORT Meeting: General Purpose and Administration Committee File # ~,~7. ~~~ Date: Monday, January 5, 1998 Res. # ~~ P~ -2 1 g Report #: PD-7-98 File #: DEV 97-069 By-law # Subject: REZONING APPLICATION APPLICANT: ROBERT FU PART LOT 35, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 97-069 Recommendations: 1. 2. 3. 1. 1.1 1.2 1.3 It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PD-7-98 be received; THAT the application to amend Zoning By-law 84-63 to permit the development of an eating establishment be DENIED; and THAT all interested parties listed in this report and any delegation be forwarded a copy of this report and be advised of Council's decision. APPLICATION DETAILS Applicant: Owner: Zoning Amendment: 1.4 Area: Robert Fu 1205386 Ontario Ltd. To rezone the existing plaza in order to permit the development of an eating establishment in addition to the other permitted uses within the zone (Attachment #1) existing plaza - 832.6 m2 (8962 sq ft) proposed eating establishment -159.5 m2 (1717 sq ft) ~~3 REPORT NO.: PD-7-98 2. LOCATION 2.1 Legal description 3. LAND USES 3.1 Surrounding Uses: 4. BACKGROUND PAGE 2 Part Lot 35, Concession 2, Former Township of Darlington, 2 Glenabbey Drive, Courtice North -residential South -residential East -residential West - childrens centre and private school (City of Oshawa) 4.1 In December of 1996 Mr. Fu approached planning staff with a proposal to develop a vacant unit in the Glenabbey Drive neighbourhood plaza into an eating establishment, take- out. Said use was confirmed as a permitted use under the Zoning By-law and therefore, a building permit application was filed and approved. 4.2 In August of 1997 the applicant inquired as to the procedure to obtain a liquor license for the establishment. It was brought to his attention that the issuance of a liquor license was under the jurisdiction of the Ministry of Consumer and Commercial Relations. The key difference between an "Eating Establishment" and an "Eating Establishment -Take Out", as the terms would apply, is the location of the consumption of food that has been prepared. Staff advised Mr. Fu that if it was his intention to change the principle use from an eating establishment, take-out to an eating establishment in contemplation of his obtaining a liquor license, a rezoning would be required. Mr. Fu subsequently filed an application for rezoning on August 20, 1997. J~~r REPORT NO.: PD-7-98 5. PUBLIC NOTICE PAGE 3 5.1 In accordance with the Municipality's procedures and the requirements of the Planning Act, written notice was given as follows: • the appropriate signage acknowledging the Public Meeting was installed on the subject property; and • written notice was circulated to all assessed property owners within a 120 metre radius of the area subject to rezoning. 5.2 Prior to a Public Meeting on the application staff received two inquiries into the proposed rezoning, the first from a resident of Pinedale Crescent and the second from a resident of Glenabbey Drive. The first inquirer raised concerns which included cooking odours coming from the existing take-out and an overflowing garbage container. He was concerned about these odours and sights increasing should the take-out be given a full eating establishment zoning. 5.3 The second resident questioned why it was necessary to rezone the property when an eating establishment was presently operating on site . Staff informed the resident that atake-out was the only type of permitted eating establishment under the current zoning. The possibility of the applicant obtaining a liquor license was discussed and the resident voiced strong opposition to license approval. She questioned why the notice of Public Meeting did not state that the applicant wished to pursue a liquor license. The caller was informed that the approval of a liquor license was not a land use issue that the Municipality can control through a zoning by-law. It was noted for the caller's information that the issuance of a liquor license was under the jurisdiction of the Ministry of Consumer and Commercial Relations. Furthermore, it was noted that the Ministry advertises U~J REPORT NO.: PD-7-98 PAGE 4 license applications within the local newspapers giving area residents the opportunity to voice their concerns. 5.4 Both callers questioned if the applicant intended to expand the eating establishment into a vacant adjacent unit. Staff had not been informed if this was the applicant's intension. This application for rezoning only addresses the current floor space of 159.5 m2 utilized by the eating establishment, take-out. 5.5 The Public Meeting for the application was held on October 20, 1997. One neighbourhood resident spoke in opposition to the application noting that the exhaust fans on the plaza emit undesired fumes and grease, and iwo spot lights affixed to the side of the building light up the neighbour residents' rear yards. 5.6 On October 22, 1997, a petition signed byfifteen neighbourhood households was submitted to the Planning Department and the Clerks Department, stating that they "formally object" to the proposed rezoning (Attachment #2). 6. OFFICIAL PLAN POLICIES 6.1 Durham Region Official Plan The subject property is designated "Living Area" within the Durham Region Official Plan. The predominate use within this designation is for residential purposes. Limited commercial uses and the retailing of goods and services are also permitted on the condition that the uses are compatible with their surroundings. 6.2 Clarington Official Plan Within the Clarington Official Plan the subject property is designated "Neighbourhood Commercial". This designation permits commercial establishments up to a maximum size of 1000 square metres, which are to provide items or services of daily necessity for the residents of the surrounding neighbourhood. U~t~J REPORT NO.: PD-7-98 PAGE 5 7. ZONING BY-LAW 7.1 The subject property is zoned "Neighbourhood Commercial Exception (C2-1) under the Former Town of Newcastle Comprehensive Zoning By-law 84-63, as amended. The C2-1 zone permits a limited number of commercial uses, including an eating establishment, take-out, but it does not permit an eating establishment. The By-law definitions of both are as follows: Eating Establishment Shall mean a building or part of a building where food is offered for sale or sold to the public for immediate consumption primarily on premises, and includes a restaurant, dining room, cafe,.... Eating Establishment, Take-out Shall mean a building or part of a building where food is offered for sale or sold to the public for consumption primarily off the premises. 8. AGENCY COMMENTS 8.1 A request for comments was circulated to the applicable departments and agencies. All agencies, which include the Regional Planning and Public Works Departments, and the Clarington Public Works and Fire Departments, have responded with no objection. 9. STAFF COMMENTS 9.1 Previous Approval This neighbourhood plaza currently contains a convenience store, a video store, a hair salon, a dry cleaning distribution centre, one vacant unit and the eating establishment take-out which initiated this application (Attachment #3). A building permit was issued under BP 96.0938 for the existing eating establishment, take-out. The by-law definition of eating establishment, take-out i; ~~ .~ REPORT NO.: PD-7-98 PAGE 6 states that food is offered for sale "for consumption primarily off the premises". It does not prohibit consumption on the premises. The word "primarily" has been interpreted by staff that not more than 50% of the total floor area can be accessible to the public in order to qualify to have a take-out eating establishment. The building permit for the existing take-out eating establishment was approved on this basis. 9.2 Area Residents' Concerns Staff spoke with the applicant on October 21, 1997, to discuss the concerns raised by the area residents. On November 3, 1997, staff meet with both Mr. Fu and the owner. The issues of possible expansion of the eating establishment, the fumes from the exhaust system and the overflowing garbage container were discussed. Staff was informed that the owner did not wish to expand and the unit adjacent to the take-out has been advertised for lease. As to the fumes and grease, the owner had installed the exhaust system in accordance with the approved building drawings and staff have confirmed with the Building Department that the installation met the requirements of the Ontario Building Code, and also passed the fire safety inspection. The same exhaust system would be required whether itwas to be utilized for an eating establishment or an eating establishment, take-out. The owner had approached the tenant of the convenience store within the plaza, with whom she shares a garage disposal bin, to see if a second bin could be obtained. Staff suggested that, as overflow is a concern to the residents, more frequent collection may be a better solution. The applicant has agreed to pursue this route. Staff understand the concerns raised by the residents. However, it should be noted that the existing zone permits an eating establishment, take-out, and with b~0 REPORT NO.: PD-7-98 PAGE 7 that will come exhaust emissions and garbage generation. The applicant has complied with all applicable regulations and is willing to address the residents' concerns where possible. 9.3 Parking Issues This plaza is restricted by the number of available on site parking spaces. In June of 1997, a minor variance was granted under application number A97/039 to reduce the required number of parking spaces for the plaza from 34 to 30. The uses at that time were the existing eating establishment, take-out, the video store, the hair salon, the convenience store, one vacant retail commercial unit and a proposed dry cleaning distribution centre. A change in the zoning to permit an eating establishment will allow the restaurant owner to increase seating which in turn will require additional parking. The existing plaza is constrained by surrounding development with no opportunity for additional parking on site. Further reduction, either by way of another variance through the Committee of Adjustment or rezoning would pose a parking problem for the immediate vicinity. 9.4 Suitabilit~of Use The current plaza is designated in the Official Plan as "Neighbourhood Commercial" which is intended to provide items or services of daily necessity for residents of the surrounding neighbourhoods. A full scale sit-down eating establishment can not be considered as meeting this Official Plan objective as such use will draw patrons from a radius beyond the immediate neighbourhood. A sit down eating establishment is more suited to a larger commercial area which would have access to an arterial road network, where there would be sufficient on site parking, and where residential developments are generally set back some distance away. U~~~ REPORT NO.: PD-7-98 10. CONCLUSION PAGE 8 10.1 Based on the above comments, Staff conclude that the proposed sit down eating establishment is not appropriate for the location. 10.2 Denial of this application will not affect the existing take-out business as it is being operated today. If the applicant still wishes to apply for a liquor license he should deal with the Ministry of Consumer and Commercial Relations. Respectfully submitted, ~ ~. y ~~... ~~ ~ ~ ~~: ~~ ~ Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development IL*LT*FW*df 17 December 1997 Attachment #1 -Key Map Attachment #2 -Public Submission Attachment #3 -Site Plan Reviewed by, W.H. Stockwell Chief Administrative Officer Interested parties to be notified of Committee's and Council's decision: Mr. Robert Fu #401, 3601 Victoria Park Ave. Scarborough, Ontario M 1 W 3Y3 1205386 Ontario Ltd. Unit #8 2 Glenabbey Drive Courtice, Ontario L1E 1B9 u~J REPORT NO.: PD-7-98 PAGE 9 Mr. Mark Hanley Mr. Wayne Cooper 77 Pinedale Cres. 75 Pinedale Cr. Courtice, Ontario Courtice, Ontario L1 E 1 C7 L1 E 1 C7 Ms. Sheri Krajnc Cathy and Rob Burke 14 Glenabbey Drive 79 Pinedale Cr. Courtice, Ontario Courtice, Ontario L1E iB9 L1E 1C7 Graham and Ann Marie Crabb Ms. Margaret Kawalcyk 10 Glenabbey dr. 81 Pinedale Cr. Courtice, Ontario Courtice, Ontario Li E 1 B9 Li E 1 C4 Ms. Vickey Caruana Mr. George Gaudet 11 Glenabbey Dr. 82 Pinedale Cr. Courtice, Ontario Courtice, Ontario L1E iCi L1E iC2 Rob and Karen Ure Bev and AI Wilde 12 Glenabbey, Drive 83 Pinedale Cr. Courtice, Ontario Courtice, Ontario L1E iB9 L1E iC4 Mr. Paul Wignall Steve and Susan Brown 13 Glenabbey Dr. 85 Pinedale Cres. Courtice, Ontario Courtice, Ontario L1E iCi L1E 1C4 Stephen and Mary Ann Barchard 16 Glenabbey. Dr. Courtice, Ontario Li E 1 B9 Garry and Millie Fitzpatrick 18 Glenabbey Dr. Courtice, Ontario L1 E 1 B9 Jennie and Bill Massie 20 Glenabbey Dr. Courtice, Ontario L1E iB9 U ,i I SUBJECT SITE O 0 a 0 ~w z J Z O H LOT 33 N Z 0 v~ w U Z U ~I II ~ RE ~ 10 AL R AD 22 ~ 0 COURTICE D EV. 9 7 - 0 69 KEY MAP :~ LOT 35 LOT 34 V ~~' sip .. .~ _ - '> - ./~~ ATTACHMENT #2 .~ ~, ~~~' _. ~ .__ , c-_, ~ ~ _ ~ ~- . ~ l r ,h ;.: - Qtr [2 Il o~ fli '91 -~ - - - ---a . ~_ \ t' ~ ~ c ~ ~t . c~ ti ~ ~ -mil <~.-~; \-~ o ~'-~ ~ ~ -_ "r \- L) C:C~ ~J Li'-~ ti ~--~ ~ -'~ F `i' \_ C, i ~~ '.7 ~. ~> tJ C_ ~ `S..-:~ l <_` N C, k'-O ter/\\ _- \'.- \ O vv ~Y `-~ ti'\ \ i <J \ ' - \ ~ f\ -~ L_ i IV ~=-.• -? cj p;\ ____ - ~ ~ -- ~ t c v~ ~ _ ,~ ~ ,_a _~ ~~~ ~ t~1 ,~ v~S l YJ - C~ ,c~; _~`-t° ~I ~`C-~ M ~ 1_. L \ ~; ~- , - : c _ a '~T- C _ ~ C' K 1 \ N ~._.---.ti. 7 c ~=i c'-r-~ r~ ~7 ~,.~, ~ 7 ~ ~ ~~ ~ tJ C..~ G - _.~~F`_ ~ ~~] 7~ ~' 1 C Z cCi CJ .,.J •~ N , ~ ~~ 7 cj - 73 7~ ~~ ~ __.~ ~~J ~~~L~~'t''~,~,~"j ~~. ~' ~-~ ~ ( p^ 1 l ~_ ~-~-~ e ~1YtQN '+" f f~~2i-•~ - ~na~ i~)c'~ fZ~~G~f c-~ ~' i C ~..: ~ >I t' \ !S rL ~ 4 ~t i~ C'am'. ~;'i 7 ~> ~` S,<j--~~ ~L-/ ,, (,~ l.~ ~'~ ~~)~ ~~- ~ CL-~,,...ti ~~/+ ~:n/.!.~,--- i ~ ~ ..mac=' j'Ci ,/7 "3 (~ ~I ~.3. ~, l/v..t%L CJA ~, ~`';~~ - .,.,~< i - c, ~- t-- ~~ %~ ~~ ' / 1 l .~? .7 ' CY ~,, ~I~,- _ ~~ `" <r L 1 O 7 0 J ,fi'tll lyp~ lp~gp M,9 ' paws ~ maxn -_ ATTACHMENT #3 A HAIR SALON ~4 - - g e _ __ -a , q r~ROPOSED ~ ~ _ FATTING ~ ~ ~' e _ a._ __~ ESTABLISRMENT ~ ~ ~'iII ~~ IL_ i ~. ~ ~ VACANT UNIT ~ ~ DRY CLEANING ~ ~ CENTRE I ,~ Ir- - - op w VIDEO TORE ~ ~ ~_ Z \ ll y Q le 1 , r 4 1 -. i~ a i CONVENIENCE ~~ - ._`" n i I STORE ~ I yY 8 a >-- s (` ~~ b alp 'e C~ ~~ alp i 8 I c f __ i Q ' ~ _ ~y_. ~'. ~-,~~~L ~ ~ -Q J z ri~~ I i~. ~ & ~ _ ~ ~ ~y i J ~ f ~ ' - ° d ~' ~ ~ I _ - J - -- f I \ ~~ , I~ =.--III' . q ~I~ -_ -_- ~ i _----J _.._----- " _.- ---- - -- -.__...---- - n ce...3inrn ss.ao .. r , ... 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