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HomeMy WebLinkAboutPD-103-87,,,~,, x.~„~,,~, TOWN OF NEWCASTLE /' ~'~} R E P O R T F i l e #~ ,.., 4" ~_~ Res. # , ~rF Y , `~~' By-Law # Imo: General Purpose and Administration Committee ~~~ Monday, April 6, 1987 T #: PU-103-87 FILE #~ DEV 87-4 CT: REZONING APPLICATION - O'DONNELL PART LOT 23, CONCESSION 8, FORMER TWP. OF DARLINGTON OUR FILE: DEV 87-4 CLERK'S FILE: 60.35.341 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PU-103-87 be received; and 2. THAT the application submitted by Mr. L. Trotter on behalf of Michael and Ann O'Donnell to rezone a 0.83 hectare parcel of land located in Part of Lot 23, * Concession 8, former Township of Clarke, be approved in principle and the attached by-law be forwarded to Council after the Site Plan Agreement has been finalized. BACKGROUND AND COMMENT: On January 15, 1987 the Planning Department received an application submitted by Mr. L. Trotter on behalf of Michael and Ann U'Donne1l to rezone a 0.83 hectare (2.29 acre) parcel * of land in Part Lot 23, Concession 8, former Township of Clarke (see attached map). The purpose of the rezoning would be to permit the development of a Gas Bar in addition to the existing restaurant. ...2 u ~ a~ ,~. REPORT NO.: PD-103-87 Page 2 The subject lands fall within the Durham Regional Official Plan's "Oak Ridges Niajor Open Space System" designation. The establishment of new automobile service stations within this designation may be permitted in accordance with the policies set out in Section 8.3.3.3 of the Regional Official Plan. The subject lands are currently zoned as "Special Purpose Commercial (C4)" within the Town of Newcastle's Comprehensive Zoning By-law 84-63, as amended. This zoning category only permits existing motor vehicle fuel bars. Staff would note for the Committee's information that pursuant to Council's resolution of July 26, 1982 and the req uirements of the Planning Act, the appropriate signage acknowledging the application was instal 1 ed on the subject 1 ands. Staf f woul d note that no objections to the principle of the proposal were received at the writing of this Report with respect to the amendment requested. In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies as noted within Staff Report PD-47-87. Staff would note the following departments/agencies, in providing comments, offered no objections to the application as revised: - Newcastle Community Services Department - Newcastle Building Department - Newcastle Fire Department - Ganaraska Region Conservation Authority - Regional Works Department - Ministry of Natural Resources - Ministry of Agriculture and Food The application was submitted showing a convenience store to be constructed on the north-east corner of the site. After review of the Official Plan and consultation with the Regional Planning Staff it was ...3 g'~ ~t. ~` REPORT NO.: PD-103-87 Page 3 determined that such a retail store did not conform 'to the "Speci a1 Purpose Commercial" designation of the Plan. The decision was made to proceed with the application for the motor vehicle fuel bar considering the use conforms to the Official Plan. The idea of the convenience store is not being pursued at this time. A number of agencies have provided responses which deal with concerns which shall be addressed through the Site Plan Control approval process. Staff are assembling all of the pertinent comments and will be working towards resolution of the concerns. The issues raised by the various agencies are outlined below. Newcastle Public Works Department "We have reviewed the above-noted rezoning application and have no objections in principle. A lot grading plan, however, is required fo r our review showing existing and proposed elevations and site drainage." Regional Health Services Department "The above application for rezoning has been investigated by this Health Department, and cannot be approved at this time as the site plan submitted does not inicate the location of the sewage disposal system to service the store and gas bar. In addi tion, the revised site plan must designate a replacement area for the sewage disposal system servicing the restaurant and motel. In preparing a new site plan, it is highly recommended that an Engineer with experience in private sewage disposal, be consulted." Staff have reviewed the revised application with the Health Department and there is no objection to the principle of the gas bar. 1~here is a great deal of concern regarding the replacement disposal system which may be necessary. The consultant has been informed of this concern and appropriate action is being undertaken. The Health Department wishes to have their concerns addressed prior to the By-law being approved and Staff supports this position. It appears that the concerns can be dealt with and, on this basis, we are proce eeing with the Site Plan. ...4 ~~~ ,{ REPURT NU.: PD-103-87 Page 4 Ministry of Transportation and Communications "Although this Ministry has no objection to the proposed rezoning, we have definite concerns with the access points as shown on the attached site plan. This Ministry is not prepared to allow these entrances as shown onto Highway 115 & 34 (sic). Instead, we suggest the existing entrance to the restaurant be modified by closing the southerly access and redesigning the middle point of access. The northerly entrance would be constructed to meet the commercial entrance standards of this Ministry. We suggest the applicant contact our district office located at P.U. Box 150, Port Hope, Untario, L1A 3W3 (885-6381) to obtain design details for commercial entrances. This Ministry will require all commercial buildings to be setback a minimum distance of 14m (45 ft.) from our highway property line. Permit s will be required for all buildings, signs and illumination prior to any construction being undertaken." It is clear that the issues raised by the various agencies can all be addressed through the Site Plan approval process. Staff have reviewed the zoning aspects of the proposal and have no objection to the concept; therefore, it is recommended that the rezoning be approved in principle and be taken to Council for approval after the Site Plan Control Agreement has been entered into. TFC*TTE*jip *Attach. March 24, 1887 CC: Mr. L. Trotter Suite 3U5 172 King Street East OSHAWA, Untario L1H 167 Recommended for presentation to the Committee Lawrence Kotsett Chi of A ' ~i~~strati ve Uf ficer THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 87- being a By-law to amend By-law 84-63, as amended, of 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 in order to permit the construction of a Motor Vehicle Gas Bar pursuant to Section 8.3:3.3 of the Durham Regional Official Plan; ' NUW THEREFORE BE IT RESOLVED THAT By-law 84-63 is hereby amended as follows: 1. Schedule "2" to By-law 84-63, as amended, is hereby further'1 amended by changing the zone designation from "Special Purpose Commercial (C4)" Zone to "Service Station Commercial Excep.ti.on (C6-4)" Zone as indicated on the attached Schedule "X" hereto. 2. Schedule "X" attached hereto shall form part of this by-law.~'~ 3. This By-law shall come into effect on the date of passing .•~ hereof, subject to the provisions of Section 34 of the Planning Act.. BY-LAW read a first time this day of 1987 BY-LAW read a second time this day of 19$7 BY-LAW read a third time and finally passed this day of 1987. MAYOR CLERK ~' ~..' .. ~ p .I -- ' ~ '•---~ 6' ' ~ i • ~ I i . I u' iq ~ I . i I~ I t ~ 'A i i i = ~I I A~~ IC4 I i i ~A.) ~ j ca•14 CON. ROAD 8 • I I I ~ I I E~ A• ' .. ,: . ~,.~o.'rm~r`~Township of CLARKE ~..