HomeMy WebLinkAboutPD-193-87.,.~..~,~„~ w.,
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~-(I~; General Purpose and Administration Committee
~-~~ Monday, July 20, 1987
T #: PD-193-87
TOWN OF NEt~'CASTLE
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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
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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
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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.
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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.
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