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Home My WebLink AboutPD-49-93 T°ki COi~POR~41~1 CJF ~°Fi 7°Ot~ OF C~ST~ DN: BILISSIS.GPA C~eeting: General Purpose and Administration Committee File~~ ~ ' Monday, March 15, 1993 Rey ~ Cate: PD-49-93 DEV 92-050 Ry®~e~ Report File : Subject: REZONING APPLICATION - GEORGE BILISSIS PART LOT 27, CONCESSION 2, FORMER VILLAGE OF NEWCASTLE FILE: DEV 92-050 Recornrner~citl~o It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-49-93 be received; 2. THAT the application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Ken Pappas: on behalf of George Bilissis, be DENIED; and 3. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Owner: George Bilissis 1.2 Agent: Ken Pappas 1.3 Rezoning: from General Commercial (C1) to an appropriate zone or zones in order to permit a 169.1 square metre car wash in addition to a 166.3 square metre donut shop already permitted in the General Commercial (C1) zone. 1.4 Area: .13 hectares ....2 ~ ~P 1iV1515 PRINiEl~ lECYCLED PAPEfI REPORT NO. PD-49-93 PAGE 2 2. BACKGROUND 2.1 In November of 1992, the Town of Newcastle Planning and Development Department received an application filed by Ken Pappas on behalf of George Bilissis to amend the Town of Newcastle Comprehensive Zoning By-law in order to permit a 169.1 square metre car wash in addition to a 166.3 square metre donut shop already permitted in the current zone category. 2.2 The subject property is a .13 hectare parcel of land located on the north side of Highway # 2, approximately 133 metres to the west of Arthur Street but is more formally described as Part Lot 27, Concession 2, in the former Village of Newcastle. 3. PUBLIC NOTICE AND SUBMISSIONS 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 A Public Meeting was held on January 18, 1993 at which time the applicant's agent appeared before the Committee in order to provide ,information and respond to questions. Although no other area resident appeared before Committee, Staff have received one (1) letter from an abutting property owner requesting that the applicant be required, as a condition of approval, to provide privacy fencing. 4. OFFICIAL PLAN CONFORMITY 4.1 Within the Town of Newcastle Official Plan, the subject property is located within the Main Central Area for Newcastle Village. Schedule 8-2 designates the subject property as ....3 - X55 REPORT NO. PD-49-93 PAGE 3 Mixed Commercial - Residential. Section 8.2.5.2 (i)(e)(iii) of the Town of Newcastle Official Plan states that the predominant use of land under the Mixed Commercial - Residential designation shall be for retail, office and mixed use commercial - residential buildings. Therefore, the application appears to conform with the intent of the Town of Newcastle Official Plan. 5 ZONING BY-LAW COMPLIANCE 5.1 Within the Town of Newcastle Comprehensive Zoning By-law 84- 63, as amended, the subject property is zoned General Commercial (C1). The applicant intends to develop the subject property with a 169.1 square metre car wash and a 166.3 square metre donut shop. However, the proposed car wash is not a permitted use within the General Commercial (C1) zone category. Therefore the applicant has applied to appropriately amend the Town of Newcastle Comprehensive Zoning By-law 84-63. 6 AGENCY COMMENTS 6.1 In order to obtain comments from other agencies and departments the Planning and Development Department has undertaken a circulation of the proposal. The following provides a brief synopsis of the comments received. 6.2 The Ministry of Transportation. has reviewed the application and advises that the minimum frontage for a commercial entrance permit is 31.5 metres. Since the subject property has only 22.86 metres of frontage along King Street in Newcastle Village, the Ministry has objected to the zoning amendment application. 6.3 The Community Services Department has reviewed the application ....4 JJ~ REPORT NO. PD-49-93 PAGE 4 and have advised that they have no objection to the proposal subject to the 2% parkland dedication requirement being accepted as cash-in-lieu with the funds realized being credited to the Parks Reserve account. 6.4 The Public Works Department have advised that they have no objection to the proposal subject to several regulatory conditions which would be imposed through the site plan approval process. 6.5 The balance of the circulated agencies which have provided comments are the Ganaraska Region Conservation Authority, Regional Planning Department, Regional Works Department and Town of Newcastle Fire Department. None of the aforementioned agencies have provided objectionable comments with respect to the proposal. 7 STAFF COMMENTS 7.1 Staff have reviewed the merits of the application in relation to both the Town's Official Plan and Zoning By-law as well as with regard for planning rationale. 7.2 The subject property has only 22.86 metres of frontage along King Street in Newcastle Village. King Street is the main thoroughfare in Newcastle Village and commercial development along it should proceed in an orderly and comprehensive • pattern. Staff are concerned that the application may promote the fragmented and piecemeal development of the remaining undeveloped parcels in the Main Central Area, particularly the easterly abutting parcel. In addition, Staff are of the opinion that the comments from the Ministry of Transportation corroborate these concerns. ....5 J`.)I~ REPORT NO. PD-49-93 PAGE 5 7.3 Moreover, as previously noted, the Ministry of Transportation has advised that the property has insufficient frontage to qualify for a commercial entrance. Therefore, even if the application were to be approved by Council, a municipal building permit could not be issued. Staff advise, for the applicant's information, that developing in conjunction with the abutting properties would both alleviate the Planning Department's concerns regarding piecemeal development and facilitate the issue of a commercial entrance permit by the Ministry of Transportation. 8. CONCLUSION 8.1 In consideration_of the comments contained within this report, Staff respectfully recommend that the application be DENIED. Respectfully submitted, Recommended for presentation to the Committee its f ~ E ~ 9,; ~ Franklin Wu, M.C.I.P. Lawrence E. Kota `ff Director of Planning Chief Adminis~r ~ve and Development Officer WM*FW*CC 4 March 1993 Attachment # 1 - Key Map Attachment # 2 - Proposed Site Plan Interested parties to be notified of Council and Committee's decision: George Bilissis 296 Baldwin Street Oshawa, Ontario L1H 6H4 Ken Pappas 16 Belinda Square Scarborough, Ontario M1W 3M2 . J`~ ATTACH # 1 SUBJECT SITE r LOT 28 LOT 27 LOT 26 - 0 a RI-33 W R1-1 M1-~ q~'F%-.• N MONROE ST I-~/ \ i f- i I sr-__ E P ~ AC1pHEYY V ~ v 2 ~ W ~ I ~ R 1-1 PF - ''~qi y, W W- RGE ~ ~ ~51 ` ~4Y 4 1- 9 .RI"r-+ I~ i ~ Z /RI"I ~ ~ GRAHAMO CT I = WIIMOT CT, z _ C~ Q O ~--~ ~ ~ y'9R R E~ N I K U R V Z J.. C ~ C 1 cv C ~ C _ _ _ ~r._ i ~ C1 ~ KING STREET E. - f /~1 tIGHWAY Nt 2)"~~~ ~h I C, ~ . u l~ I KUNG ~~ST. IR2 ! Mt•2 N ~ R1 ~ ~ R 1 ~ ~ ~1 EMILY - ST. - R2 ~ C H) R 1 _ ~ I v~R1-1 I ~ r C4-2 CAROLINE I ST. . ~ I V ~ J ~ ! I~ EP ~ EDWARD ~ g I P~ JAMES i ST. Y I ~ P~ O 100 200 300 m 5Om ~ ~e~ . 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