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HomeMy WebLinkAboutPD-193-87.,.~..~,~„~ w., ~~ ~',,,1 ~-(I~; General Purpose and Administration Committee ~-~~ Monday, July 20, 1987 T #: PD-193-87 TOWN OF NEt~'CASTLE C~ REPORT File # ~-~`~~~~ Res . #, ~ f ~ ~%.~,,~'-d By-Law # FILE #: PLN 4.1 Sl CT: CONVENIENCE COMMERCIAL USES BY-LAW 84-63 FILE: PLN 4.1 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-193-87 be received for information; and 2. THAT Staff be authorized to proceed with the necessary public notices in respect of the proposed amendment to By-law 84-63, included herein as Attachment 1. BACKGOUNn AND COMMENT: At the April 6, 1987 meeting of the General Purpose and Administration Committee, the Committee resolved (Resolution #GPA-313-87) to request Staff to review By-law 84-63 with respect to convenience stores in "C1" zones and submit a subsequent report to General Purpose and Administration Committee. This direction arose following consideration of an application submitted by Southland 7-11 for rezoning of a parcel of land located at the north-west corner of the intersection of Highway Two and Liberty Street to permit development of a convenience store. Within the Durham Regional Official Plan consideration is given to convenience stores by Sections 8.1.2.1 and 8. ?_.2.1. In the case of the former, the Regional Plan permits limited retail and personal service uses inosa2 ~J C~> REPORT NO.: PD-193-87 Page 2 residential areas as an exception subject to the inclusion of appropriate provisions in the respective district plan and/or the respective restricted area zoning by-law. In the case of the latter, the Regional Plan states that central areas are intended to provide a fully integrated array of shopping for personal and business services, office, institutional, community, recreational and residential uses. In addition, Section 8.2.3.7 of the Durham Regional Official Plan provides that Council may, prior to passing an implementing restricted area zoning by-law for new development require a retail analysis to justify the additional retail or personal service floor space being proposed. Reference is also made to the intent of Section 8.?_.3.3 which provides that the viability of any central area proposal should not be based on the assumption that the surrounding central areas shall experience an undue economic decline. Council has previously directed Staff to require a market analysis in respect of convenience commercial development where concern exists about possible impacts. Within the Town's Official Plan convenience commercial facilities may be permitted by Council in residential areas and are intended to provide items of daily household necessity for the residents of the immediately surrounding neighbourhoods. As with the Regional Official Plan, the Town's Official Plan identifies as an objective, the provision of a fully integrated array of shopping for personal and business services within main central areas. Accordingly, this has been interpreted as allowing Council to zone to permit convenience commercial facilities within main central areas or within designated residential neighbourhoods, subject to Council being satisfied that there would be no adverse impacts arising from such zoning. During the preparation of By-law 84-63, consideration was given to these policies resulting in the present By-law which permits convenience commercial stores, specifically within the "Neighbourhood Commercial (C2)" zone. Convenience stores have not been identified as a permitted use within the "General Commercial (C1)" zone, however there are a number of existing convenience commercial stores within "C1" zones which ...3 - - Pa e 3 ~ ~~~ REPORT NO.: PD 193 87 9 /' predate the Zoning By-law and consequently are considered legally non-conforming. I would note however that Staff have not in the past made a specific distinction between a retail commercial establishment as permitted in the "C1" zone and a convenience store as permitted in the "C2" zone due to the fact that the definition of a convenience store means a retail commercial establishment which supplies groceries or other daily household conveniences to the residents in the immediately surrounding area. If, however, Council wishes to take a very rigid and strict interpretation of the Zoning By-law, it can be argued that due to the differentiation, by definition, of a convenience store from other types of retail/commercial establishments and due to the specific inclusion of convenience stores within the "C2" zone and their exclusion within the "C1" zone, a convenience store is not permitted within the "General Commercial (C1)" zone. To Staff's knowledge there is only one convenience store which has been established in the "General Commercial (C1)" zone since the approval of By-law 84-63. Given the intent expressed by Council, relative to restricting the number of convenience stores located within the Municipality, Staff feel it would be appropriate to amend By-law 84-63 to provide further assistance in its interpretation and a clarification of Council's intent. It is proposed to do so by amending the definition of retail/commercial establishment to read as follows: "Retail/Commercial Establishment shall mean a building or part of a building in which goods, wares, merchandise, substances, articles or services are offered or kept for sale at retail or on a rental basis but shall not include any class of commercial establishment otherwise defined herein". In add ition, we would propose an amendment to the definition of convenience store to delete the word "retail" so that the definition now reads: "Convenience Store shall mean a commercial establishment which supplies groceries or other daily household conveniences to the residents in the immediately surrounding area". Staff would like to point out that by further narrowing the definition of Retail/Commercial Establishment and Convenience Store a rezoning will now be required for any person to establish a convenience store unless said store is located within a "Neighbourhood Commercial (C2)" zone. ...4 v C~~ REPORT NO.: PO-193-87 Page 4 If Council is in concurrence with this approach, we would recommend that the necessary public notices be proceeded with and that the by-law to amend By-law 84-63, included as Attachment 1 hereto, be tabled until the necessary public meetings have been held. Respectfully submitted, Recommended for presentation to the Committee ~Wrence~ /1~COtsetr Chief Ad i i trative Officer THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 87- being a 8y-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 adviseable 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 2 of By-law 84-63, as amended definitions, is hereby further amended by changing the definition of "Convenience Store" to read as follows: "CONVENIENCE STORE" Shall mean a commercial establishment which supplies groceries or other daily household conveniences to the residents in the immediately surrounding area". 2. Section 2 to By-law 84-63, as amended, definitions, is hereby further amended by changing the definition of "Retail/Commercial Establishment" to read as follows: "Retail/Commercial Establishment shall mean a building or part of a building in which goods, wares, merchandise, substances, articles or services are offered or kept for sale at retail or on a rental basis but shall not include any class of commercial establishment otherwise defined herein". 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 1987 BY-LAW read a third time and finally passed this day of 1987. ~~ ~~> R