HomeMy WebLinkAboutPD-98-93
THE CORPORATION OF THE TOWN OF NEWCASTLE
DN: MCDONALDS.GPA
PD-98-93
DEV 92-051 (X-REF: OPA 92-012jN)
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Meeting: General Purpose and Administration Committee
Date:
Monday, June 21, 1993
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Subject: REZONING AND OFFICIAL PLAN AMENDMENT APPLICATION
MCDONALD'S RESTAURANTS OF CANADA LTD.
PART LOT 15, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON
FILE: DEV 92-051 (X-REF: OPA 92-012jN)
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-98-93 be received;
2. THAT Official Plan Amendment Application OPA 92-012jN be
deemed unnecessary and that the file be CLOSED;
3. THAT the application to amend the Town of Newcastle
Comprehensive Zoning By-law 84-63, in order to permit a 273.16
m2 freestanding restaurant with a drive-through facility be
APPROVED;
4. THAT the amending By-law be passed with a Holding (H) symbol
which will be removed upon Council being satisfied that the
use will be adequately serviced, will have adequate access and
a site plan agreement is executed; and
5. THAT the interested parties listed in this report and any
delegation be advised of Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: McDonald's Restaurants of Canada Ltd.
1 . 2 Owner:
894756 Ontario Ltd. (Ghods Builders)
1.4 Area:
From Agricultural (A) to an appropriate zone
or zones in order to permit the development of
a 273.16 m2 freestanding restaurant with a
drive-through facility.
.26 hectare (.65 acre) ....2
1. 3 Rezoning:
U8
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lHlS IS Pl\iNTED eN nEcYCLED PAPEn
REPORT NO. PD-98-93 PAGE 2
2 . BACKGROUND
2.1 In December of 1992, the applicant filed applications with the
municipality to amend the Town of Newcastle Official Plan and
the Town of Newcastle Comprehensive Zoning By-law 84-63 in
order to permit this proposal.
2.2 The subject property is a .26 hectare (.65 acre) parcel
located at the south-west corner of the intersection of
Highway # 2 and Regional Road # 57, but is more formally
described as Part of Lot 15, Concession 1, in the former
Township of Darlington.
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 Monday, February 15, 1993 at
which time a representative of the westerly abutting property
owner addressed the Committee. The westerly abutting property
is owned by The Church of Jesus Christ of Latter Day Saints
and the Branch President of the Church expressed concerns
regarding access, traffic, garbage and the land use conflict
which would be created by the introduction of a restaurant.
4. OFFICIAL PLAN CONFORMITY
4.1 The subject property is designated "Residential" in the 1976
Durham Plan. Under this designation, limited retail and
personal service uses may be permitted as an exception subject
to inclusion in the local official plan and/or zoning by-law.
The proposal appears to conform particularly due to the fact
that Council on June 14, 1993, has made such an exception.
....3
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REPORT NO. PD-98-93
PAGE 3
Verbal comments from the Regional Commissioner of Planning
indicated that the proposal conforms to the 1976 Durham Plan
and that a zoning by-law can be passed under this Plan.
5. ZONING BY-LAW COMPLIANCE
5.1 within the Town of Newcastle comprehensive Zoning By-law 84-
63, the subject property is zoned AgriCUlture (A) .
Agricultural and agriculturally related uses are intended to
be the predominant use of land so zoned. As the applicant
intends to develop the property with a 273.16 m2 freestanding
restaurant with a drive-through facility, the applicant has
applied to appropriately amend the zoning by-law.
6. AGENCY COMMENTS
6.1 In accordance with departmental procedures, the application
was circulated to obtain comments from other departments and
agencies. The following provides a brief synopsis of the
comments received.
6.2
The Community services Department has advised that
no objections to the proposal subject to the
providing 2% cash-in-lieu of parkland dedication
funds realized being credited to the Parks Reserve
they have
applicant
wi th the
Account.
6.3 The Public Works Department has advised that they have no
objection to the zoning amendment application but conclude
that site plan approval cannot proceed until the applicant has
satisfied the following:
a) That the applicant's engineer prepares a Lot Grading and
Drainage Plan that details the conveyance of storm
drainage, both major and minor systems from this site.
In addition, this Lot Grading and Drainage Plan should
specify the location of the storm connection and to which
existing storm sewer system the applicant proposes to
connect. It is not clear from the plan provided where
storm drainage is being conveyed;
....4
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REPORT NO. PD-98-93
PAGE 4
b) That the applicant's engineer prepares a Servicing Report;.
that details the locations of all storm sanitary, wat~r
distribution services, roads, sidewalks and walkways;
6.4 The Regional Works Department has advised that they have no
objection to the application but note that access to Regional
Road # 57 will be a restricted entrance allowing right-in and
right-out as well as left-in movements from Martin Road.
6.5 The Ministry of Transportation has provided the following
comments:
a) The Highway 2 - Eastbound to Regional Road 57 -Southbound
channelization lane should be removed and replaced with
a right turn lane. The cost of these changes will be the
developer's responsibility.
b) The proposed entrance to the development from Highway 2
should be relocated to the west end of the property to
facilitate the above-noted change. This entrance will be
a right-injright-out entrance only.
c) The centre median on Highway 2 will have to be extended
to prohibit left turn movement into the site from Highway
2. The extension of the centre median will be at the
developers expense.
6.6 The Central Lake Ontario Conservation Authority notes that the
subject lands are within the study area of the Wests ide Creek
Master Drainage Plan and that it will be necessary to
demonstrate how site drainage conforms to the requirements of
the study. However, the Authority has no objection to the
proposal.
6.7 The Ministry of Natural Resources advises that Wests ide Creek
has been identified as supporting a warm water fisheries
resource and a provincially significant wetland. The Ministry
is therefore concerned with storm water management techniques,
erosion control measures and sedimentation control measures.
However, the Ministry has no objection to the proposal subject
to the following: ....5
\ I
REPORT NO. PD-98-93
PAGE 5
a) That an erosion and sediment control plan for the
development site be prepared by and stamped by a
registered professional engineer and be submitted to the
District Manager, Ministry of Natural Resources, Maple
for their records. The plan must outline all actions to
be taken to prevent an increase in the concentration of
suspended solids in any water body as a result of on site
or other related works. Any increase in concentration of
suspended solids or sediment loading may be in violation
of the Canada Fisheries Act. If warranted, charges under
this act may be applied to the proponent and their
agents.
b) That prior to site plan approval for this site, the
Ministry of Natural Resources must review and approve
preliminary storm water management/water quality control
plans to ensure adequate consideration has been given to
this concern and adequate land has been set aside for
these purposes. .
6.8 The balance of the circulated agencies which provided comments
were the Town of Newcastle Fire Department, Regional Health
Department and Canadian Pacific Railways. None of the
aforementioned agencies have provided objectionable comments.
7. STAFF COMMENTS
7.1 The applicant is intending to amend the zoning by-law in order
to permit the development of the subject lands with a 273.16
m2 freestanding restaurant with a drive-through facility.
7.2 The circulation process undertaken by the Planning and
Development Department has revealed some issues which are
expanded upon in the following. The southwest corner of
Regional Road 57 and Highway 2 will be a prominent
intersection in Bowmanville in future years. In this regard,
issues such as building height, building mass, architectural
treatment and landscaping will need to be examined in detail
to ensure that the structure maintains the character and
prominence of the surrounding area.
....6
REPORT NO. PD-98-93
PAGE 6
7.3 Several agencies have indicated various requirements
pertaining to the development of the site. These requirements
will be incorporated in the subsequent site plan approval
process.
7.4 Staff note that the amending by-law, if approved, will place
the subject property in a special exception zone which would
permit only a restaurant, as per Council's direction.
Moreover, Staff recommend a "Holding (H)" symbol be imposed
and not be removed until the applicant enters into a site plan
agreement with the municipality. A rezoning application to
remove the holding symbol will be required at a later date.
Respectfully submitted,
Recommended for presentation
to the Committee
d f' fJ~((j)~~) C~J)1v
Franklin Wu, M.C.I.P.
Director of Planning
and Development
Lawrence E. Kots
Chief Administra
Officer
FW*cc
Attachment # 1 -
Attachment # 2 -
Attachment # 3 -
site Plan
Elevations
Key Map
11 June 1993
Interested parties to be notified of Council and Committee's
decision:
George Kizoff
333 Sheppard Ave. E.
suite 300
Willowdale, Ont M2N 3B3
McDonald's Restaurant of Canada
McDonalds Place
Toronto, Ontario M3C 3L4
3
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 93-_
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation
of the Town of Newcastle.
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.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town
of Newcastle enacts as follows:
1. Section 17.5 "Special Exception - Neighbourhood Commercial (C2)" zone is hereby
amended by adding thereto the following new Special Exception 17.5.4 as follows:
"17.5.4 NEIGHBOURHOOD COMMERCIAL (C2-4) ZONE
Notwithstanding Section 17.1, those lands zoned "C2-4" on the schedules to this By-law,
may only be used for the following purposes:
a) restaurant"
2. Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing the
zone designation from:
"Agricultural (A)" to "Holding - Neighbourhood Commercial Special Exception ((H)C2-4)"
3. Schedule "A" attached hereto shall fonn part of this By-law.
4. 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 first time this
day of
1993.
BY-LAW read a second time this
day of
1993.
BY-LAW read a third time and finally passed this
day of
1993.
MAYOR
CLERK
17
This is Schedule "A" to
passed this_day of
By-law 93-_,
, 1993A.D.
LOT 15
CONCESSION 1
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