HomeMy WebLinkAboutPD-104-93 I~f COROHA°TkO~ O~ IFS °COi£VtV F ~ICAS°C~
DN: SOTIRIADIS.GPA
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Meeting' General Purpose and Administration Committee Fele ~ ~ ~
Date. Res. -~ •/~~°~/ham 9.3
Monday, July 5, 1993
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ReptSrt ,-~^r-v_~~i-om~~.®._ File ~~-042
Subject:
REZONING APPLICATION - PETER, MATINA AND ANASTASIO3 SOTIRIADIS
PART LOT 28, CONCESSION 3, FORMER TOWNSHIP OF CLARKS
FILE: DEV 91-042
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It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-104-93 be received;
2. THAT application to amend the Town of Newcastle Comprehensive
Zoning By-law 84-63, as amended, submitted by Peter Sotiriadis
on behalf of Peter, Matina and Anastasios Sotiriadis, be
APPROVED and the by-law be forwarded to Council pending site
plan execution; and
3. THAT the interested parties listed in this report and any
delegation be advised of Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: Peter, Matina &Anastasios Sotiriadis
1.2 Agent: Peter Sotiriadis
1.3 Rezoning Application: From Special Purpose Commercial (C4)
and Agricultural Exception (A-1) to
an appropriate zone to permit a
248.6m2 (2676.4 sq.ft.) convenience
store extension to an existing
restaurant.
1.4 Area: 1.23 ha (3.04 acres)
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REPORT NO. PD-104-93 PAGE 2
2. LOCATION
2.1 The subject property is located in Part Lot 28, Concession 3,
former Township of Clarke. This parcel is further defined as
being located at 3211 Highway No. 35/115. The applicant owns
an additional larger parcel of land directly east and south of
the lands subject to application.
3. BACKGROUND
3.1 On July 25, 1991 the Town of Newcastle Planning Department
received an application to amend the Town of Newcastle
Comprehensive Zoning By-law 84-63, as amended, to permit a
247.8mZ (2667.5 sq.ft.) convenience store extension to an
existing restaurant.
3.2 Since the original submission the proposal has been changed
several times both in terms of the dimensions of the structure
and proposed use of the lot. A final decision has been made
to add a 248.6m2 (2676.4 sq.ft.) convenience store extension
to an existing restaurant on a lot with a total area of 1.23
ha (3.04 acres).
4. EXISTING AND SURROUNDING USES
4.1 Existing Uses: Restaurant with living quarters above.
4.2 Surrounding Uses:
East - vacant Agricultural, owned by applicant
West - Olco Station, surrounded by vacant lands
South - Existing Residential, owned by applicant
North - Recreation Vehicle Sales establishment.
5. OFFICIAL PLAN POLICIES
5.1 Under the current Durham Region Official Plan the subject
property appears to be designated "Permanent Agricultural
Reserve". The predominant use of lands in areas so designated
shall be for agriculture and farm-related uses. However,
<...3_
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REPORT NO. PD-104-93 PAGE 3
Section 16.6.5 permits; at the discretion of local Council,
the continuation, expansion and enlargement of uses which do
not conform to the Durham Region Official Plan or the
variations to similar uses.
5.2 Under the Durham Region Official Plan, as adopted by Regional
Council on June 5, 1991, the subject property is designated
as Permanent Agricultural Reserve. Lands so designated shall
be restricted to agricultural and farm-related uses. However,
Section 20.4.4 permits, again at the discretion of local
Council, the continuation, expansion or enlargement of uses
which do not conform to the Durham Region Official Plan or the
variations to similar uses. The application would appear to
conform.
6. ZONING
6.1 The subject property is currently zoned "Special Purpose
Commercial (C4)" and "Agricultural Exception A-1)", neither of
which permit a convenience store.
7. PUBLIC NOTICE AND SUBMISSIONS
7.1 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. As of the writing
of this report, one written submission, which was in favour of
the development, has been received.
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N.~~~3
REPORT NO. PD-104-93 PAGE 4
7.2 When the applicant was considering changing the use of the
addition from a convenience store to a donut shop staff
received an inquiry from a nearby property owner who had been
verbally informed by other neighbours. The individual was
concerned as he was hoping to open a similar facility in the
area. As the donut shop proposal was eventually reverted back
to a convenience store, no further concerns were raised from
any of the neighbouring property owners or residents.
8. COMMENTS
8.1 In accordance with departmental procedures the original
application, and subsequent revisions, were circulated to
obtain comments from other departments and agencies. The
requested responses have all been received and the following
departments and agencies offered no objection to the
convenience store addition:
• Ministry of Agriculture and Food
• Region of Durham Planning Department
• Region of Durham Works Department
• Region of Durham Health Department
• Ganaraska Region Conservation Authority
• Ontario Hydro
8.2 In reviewing the proposal the Ministry of,Transportation
requests the following requirements be fulfilled:
• that all access to the subject lands be restricted to the
existing access only;
• that the addition be setback in accordance with the
existing building line;
• that both the outlet pipe and the entrance pipe be
replaced with 800mm CSP pipes, at the owner's costs and
that an entrance permit be obtained prior to this work
commencing; and
• that building/land use and sign permits be obtained
before any work is undertaken on the lot.
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4
REPORT NO. PD-104-93 PAGE 5
8.3 The Town of Newcastle Community Services Department has
no objection to the application subject to a 2%
dedication requirement being provided as cash-in-lieu of
parkland on the area of the lot which will accommodate
the convenience store addition.
8.4 Provided that the following conditions can be met, the
Town of Newcastle Public Works Department has no
objection:
• that all works and services are designed and
constructed in accordance with the Town of
Newcastle Design Criteria and Standard Drawings,
provisions of the Development Charges Act, 1989,
all applicable legislation and to the satisfaction
of the Director of Public Works;
• that written approval of all proposed collection
and conveyance of storm drainage to Highway 35/115
be obtained from the Ministry of Transportation and
submitted to the Director of Public Works;
• that the applicant's engineer prepares an updated
Lot Gradinq and Drainage Plan to the satisfaction
of the Director of Public Works;
• that the applicant meet all the requirements of the
Public Works Department, financial or otherwise.
9. STAFF COMMENTS
9.1 The applicant originally submitted a proposal to amend the
Town of Newcastle Comprehensive Zoning By-law 84-63, as
amended, on July 25, 1991, for a 247.8m2 (2667.5 sq.ft.)
convenience store extension to an existing restaurant. Aland
division application was also filed under application number
LD 237/91 to allow the applicant to sever a 0.48 ha parcel,
from his larger holdings to the south and east, to be melded
to the abutting restaurant site. Application was also made to
the Committee of Adjustment (A 91/029) on the larger property
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REPORT NO. PD-104-93 PAGE 6
to allow the creation of an undersized lot of 14.16 ha (35
acres) in the "Agricultural Exception (A-1)" zone.
9.2 The rezoning application was circulated and comments received
from the Regional Health Department stated that the lands to
be melded with the restaurant site would not make the lot of
sufficient size to accommodate the convenience store extension
and a required new septic system. As a consequence, both the
land division and minor variance applications were amended to
the satisfaction of the Health Department. The application
for minor variance has been approved without appeal and the
Land Division application has been tabled pending Council
decision on this rezoning.
9.3 Staff have reviewed the proposal for a convenience store based
on the analysis of current and proposed uses along the 35/115
Highway corridor, as conducted for the municipality's Official
Plan Review. Phase One of the review has identified that it
"may be prudent to cater to evolving consumer needs by
expanding the range of permitted uses to include convenience
commercial...." This judgement has been based on the
Highway's use as a "Gateway" to cottage country, as a major
commuter route, and the ability. of such a use to also serve
nearby area residents' needs. Phase Two has also highlighted
"convenience stores" as a preferred additional use.
10. CONCLUSION
10.1 The Region of Durham Planning Department has stated that if
Council "considers the proposed use to be compatible with
surrounding uses and the proposed addition of land to be
necessary to implement this development then Policy 16.6.5 of
the 1976 Plan and Policy 20.4.4 of the 1991 Plan are
applicable to this situation". Staff considers the final
proposal for a 248.6m2 (2676.4 sq.ft.) convenience store
__addtion__to_be a_compatible use., and based on the comments
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REPORT NO. PD- 10493 PAGE 7
contained within this report, thereby recommends that the
proposed zoning by-law amendment be approved and a by-law be
brought forward to Council once the site plan agreement has
been executed.
Respectfully submitted, Recommended for presentation
to the Committee
~ ~ ~
i
r_- ~ti
Franklin Wu, M.C.I.P. Lawrence E. K~~eff
Director of Planning Chief Adminis tive
and Development Officer
IW*FW*jip
*Attach
25 June 1993
Attachment # 1 - Key Map
Attachment # 2 - Site Plan
Interested parties to be notified of Council and Committee's
decision:
Peter, Matina and Anastasios Sotiriadis
Ace Submarine
RR # 8
Newcastle, Ontario
L1B 1L9
Mr. Barry Jones
New Castle Drafting
76 Baldwin Street
Newcastle, Ont.
L1B 1H1
U7
a ~ ~ Attachment No. 1
SUBJECT SITE
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