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Home My WebLink AboutPD-143-97Ll DN: PD- 143.97 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT PUBLIC MEETING r� Meeting: General Purpose and Administration Committee File #I s' ` Date: Monday, October 20, 1997 Res. Report #: PD- 143 -97 File #: DEV 97 -069 By -law # Subject: REZONING APPLICATION APPLICANT: ROBERT FU PART LOT 35, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 97 -069 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 143 -97 be received; 2. THAT the application to amend the Zoning by -law to permit the development of an eating establishment in addition to the other permitted uses, be referred back to staff for further processing and the preparation of a subsequent report; and 3. THAT all interested parties listed in this report and any delegation be forwarded a copy of this report and be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Robert Fu 1.2 Owner: 1205386 Ontario Limited 1.3 Zoning Amendment: To rezone the existing plaza in order to permit the development of an eating establishment in addition to the other permitted uses within the zone (Attachment #1) 1.4 Area: existing plaza - 832.6 m2 (8,962 sq.ft.) proposed eating establishment -159.5 m2 (1717 sq.ft.) 6 IJ REPORT NO.: PD- 143 -97 2.1 Legal Description: Part Lot 35, Concession 2, former Township of Darlington - 2 Glenabbey Drive, Courtice 3. LAND USES: 3.1 Surrounding Uses: North - Residential South - Residential East - Residential West - children's centre and private school (City of Oshawa 4. BACKGROUND 4.1 In December of 1996 Mr. Fu approached planning staff with a proposal to develop a vacant unit in the Glennabbey Drive neighbourhood plaza into an eating establishment, take -out. A building permit application was filed and approved. 4.2 In August of this year the applicant inquired as to the procedure to obtain a liquor license for the establishment. It was brought to his attention that the issuance of a liquor licence was under the jurisdiction of the Ministry of Consumer and Commercial Relations. The key difference between an "Eating Establishment" and an "Eating Establishment - Take Out ", as the terms would imply, is the location of the consumption of the food that has been prepared. Staff advised Mr. Fu that if it was his intention to change the principle use from an eating establishment - take out to an eating establishment in contemplation of his obtaining a liquor licence, a rezoning would be required. Mr. Fu subsequently filed an application on August 20, 1997. bbl ;J:4W61;V 5. PUBLIC NOTICE: 5.1 In accordance with the Municipality's procedures and the requirements of the Planning Act, written notice was given as follows: • the appropriate signage acknowledging the Public Meeting was installed on the subject property; and • written notice was circulated to all assessed property owners within a 120 metre radius of the area subject to rezoning. 5.2 As of the writing of this report staff have received two inquiries into the proposed rezoning, the first from a resident of Pinedale Crescent and the second from a resident of Glenabbey Drive. The first inquirer raised concerns which included cooking odours coming from the existing take -out and an overflowing garbage container. He was concerned about these odours and sights increasing should the take -out be given a full eating establishment zoning. 5.3 The second resident questioned why it was necessary to rezone the property when an eating establishment was presently operating on site. Staff informed the resident that a take -out was the only type of permitted eating establishment under the current zoning. The possibility of the applicant obtaining a liquor licence was discussed and the resident noted strong opposition to license approval. She questioned why the notice of Public Meeting did not state that the applicant wished to pursue a liquor license. The caller was informed that the approval of • liquor licence was not a land use issue that the Municipality can control through • zoning by -law. It was noted for the caller's information that the issuance of a liquor licence was under the jurisdiction of the Ministry of Consumer and Commercial Relations. Furthermore, it was noted that the Ministry advertises licence applications within the local newspapers giving area residents the opportunity to voice their concerns. 663 REPORT NO.: PD- 143 -97 PAGE 4 5.4 Both callers questioned if the applicant intended to expand the eating establishment into a vacant adjacent unit. Staff have not been informed if this is the applicant's intention. This application for rezoning only addresses the current floor space of 159.5 m2 utilized by the eating establishment, take -out. 6. OFFICIAL PLAN POLICIES: 6.1 Durham Region Official Plan The subject property is designated "Living Area" within the Durham Region Official Plan. The predominate use within this designation is for residential purposes. Limited commercial uses and the retailing of goods and services are also permitted on the condition that the uses are compatible with their surroundings. 6.2 Clarington Official Plan Within the Clarington Official Plan the subject property is designated "Neighbourhood Commercial ". This designation permits commercial establishments up to a maximum size of 1000 square metres. The application conforms to the Clarington Official Plan. 7. ZONING BY -LAW: 7.1 The subject property is zoned "Neighbourhood Commercial Exception (C2 -1) under the Former Town of Newcastle Comprehensive Zoning By -law 84 -63, as amended. The C2 -1 zone permits a limited number of commercial uses, including an eating establishment, take -out, but it does not permit an eating establishment. The By -law definitions of both are as follows: Eating Establishment Shall mean a building or part of a building where food is offered for sale or sold to the public for immediate consumption primarily on premises, and includes a restaurant, dining room, cafe,.... REPORT NO.: PD- 143 -97 PAGE 5 Eating Establishment, Take -out Shall mean a building or part of a building where food is offered. for sale or sold to the public for consumption primarily off the premises. 8. AGENCY COMMENTS: 8.1 A request for comments was circulated to the applicable departments and agencies. All agencies, which include the Regional Planning and Public Works Departments, and the Clarington Public Works and Fire Departments, have responded with no objection. 9. STAFF COMMENTS: 9.1 This neighbourhood plaza currently contains a convenience store, a video store, a hair salon, a dry cleaning distribution centre, one vacant unit and the eating establishment take -out, which initiated this application (Attachment #2). 9.2 A building permit was issued under BP 96.0938 for an eating establishment, take- out. The permit was approved as it complied with the 'by -law definition of eating establishment, take -out. 10. CONCLUSION: 10.1 As the purpose of this report is to give the status of the application for the Public Meeting, it is appropriate to have the application referred back to staff for further processing. REPORT NO.: PD- 143 -97 PAGE 6 Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development IL *FW *jip Attach. October 9, 1997 Attachment #1 - Key Map Attachment #2 - Site Plan W. H. Stockwell Chief Administrative Officer Interested parties to be notified of Committee's and Council's decision: Mr. Robert Fu #401, 3601 Victoria Park Ave. Scarborough, Ontario M 1 W 3Y3 1205386 Ontario Ltd. Unit #8 2 Glenabbey Drive Courtice, Ontario L1 E 1139 Mr. Mark Hanley 77 Pinedale Cres. Courtice, Ontario L1 E 1C7 Ms. Sheri Krajnc 14 Glenabbey Drive Courtice, Ontario L1 E 1139 0 J LOT 3 5 LOT 3 4 s D 0 V) Nw z I z O • 33 N z 0 cn w U z 0 0 II a ii RE 10 LRAD22 A COURTICE KEY MAP DEV. 97 -069 ATTA HM ENT #2 Q:) L IM L6 Q) 00 < w w 0 law 0bW8 0 px 2mvm Z<o HAIR SALON PROPOSED EATTING ESTABLISHMENT VACANT UNIT aIi DRY CLEANING I III CENTRE L0 .w VIDEO PTORE cv (ax CONVENIENCE In STORE m m co < z 9 m.OZ,6Z -L IN z c&vl,.3lnOg SSY&D 11 W Hinos (NMA INI�NMOI