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Home My WebLink AboutPD-48-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: PD -48 -97 REPORT Meeting: General Purpose and Administration Committee File # •� --v, `IQ, D`jo Date: Monday, April 7, 1997 Res. d'� Report #: PD -48 -97 File #: DEV 92 -050 By -law # Subject: REZONING APPLICATION - APPLICANT: GEORGE BILISSIS PART LOT 27, CONCESSION 1, FORMER VILLAGE OF NEWCASTLE FILE: DEV 92 -050 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -48 -97 be received; 2. THAT Report PD -49 -93 be lifted from the table and the recommendations contained therein APPROVED; and, 3. THAT the interested parties listed in this report and any delegation be advised of Committee's and Council's decision. 1. BACKGROUND 1.1 In November of 1992, the Planning and Development Department received an application filed by Ken Pappas on behalf of George Bilissis. The application proposed to amend By -law 84 -63 in order to add a 169.1 square metre car wash as a permitted use. This would have allowed the development of the .13 hectare (.32 acre) parcel of land with the car wash as well as a 166.3 square metre donut shop, which was already listed as a permitted use under the regulations of the existing General Commercial (Cl) zone category. The location of the subject property and the proposed site plan are detailed on Attachment #1 and #2 respectively. 681 REPORT NO. PD -48 -97 PAGE 2 1.2 The application was subsequently circulated to the Ministry of Transportation, who at the time acted as the road authority with jurisdiction over that portion of Highway #2. The Ministry objected to the proposal since the subject site had only 22.86 metres of frontage. Ministry of Transportation regulations required a minimum frontage of 31.5 metres for commercial entrance permits off of that portion of Highway #2. 1.3 Report PD -49 -93 was forwarded to the General Purpose and Administration Committee in March of 1993 with a recommendation of denial based upon the unfavourable comments of the Ministry of Transportation. The Committee resolved to table the application to allow the applicant an opportunity to hold further discussions with the Ministry of Transportation. This resolution was subsequently endorsed by Council. 2. STAFF COMMENTS 2.1 In the time which has lapsed since the tabling of the application, the authority over that portion of Highway #2 was passed from the Ministry of Transportation to the Region of Durham. However, by this time the applicant had already proposed to use the site as a Day Care facility. 2.2 Since a Day Care is a permitted use under the regulations of the existing General Commercial (Cl) zone category, an application to amend the zoning by -law was not required. The applicant was subsequently issued site plan approval for the day care facility. As a result, the zoning amendment application for a car wash and a donut shop is no longer appropriate and the file should be closed. However, staff cannot close the file without the proper authorization of Council since the report for the rezoning application (PD- 49 -93) was tabled by the General Purpose and Administration Committee. 682 REPORT NO. PD -48 -97 PAGE 3 3.1 As the zoning amendment application is no longer appropriate, staff recommend that Report PD -49 -93 be lifted from the table and the recommendations contained therein approved. A copy of Report PD -49 -93 is attached as Attachment #3 to this report. Respectfully submitted, r Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development NUITIOWIT211711 Attachment #1 - Key Map Attachment #2 - Proposed Site Plan Attachment #3 - Report PD -49 -93 March 21, 1997 Reviewed by, `` W. H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: George Bilissis 296 Baldwin Street OSHAWA, Ontario L1 H 6H4 Ken Pappas 16 Belinda Square SCARBOROUGH, Ontario M1W 3M2 6€33 ATTACHMENT #1 684 ATTACHMENT #2 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: BILISSIS.GPA REPORT Meeting: General Purpose and Administration Committee Date: Monday, March 15, 1993 PD -49 -93 DEV 92 -050 Report #: File #: ATTACHMENT #3 File # _ Res. # _ By -Law # Subject: REZONING APPLICATION - GEORGE BILISSIS PART LOT 27, CONCESSION 21 FORMER VILLAGE OF NEWCASTLE` FILE: DEV 92 -050 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following:. 1. THAT Report PD -49 -93 be received; 2. THAT the application to amend the Town of Newcastle Comprehensive Zoning By -law 84 -63, as amended, submitted by Ken Pappas on behalf of George Bilissis, be DENIED; and 3. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Owner: George Bilissis 1.2 Agent: Ken Pappas 1.3 Rezoning: from General Commercial (Cl) to an appropriate zone or zones in order to permit a 169.1 square metre car wash in addition to a 166.3 square metre donut shop already permitted in the General Commercial (Cl) zone. 1.4 Area: .13 hectares (_i�) 686 ....2 REPORT NO. PD -49 -93 PAGE 2 2. BACKGROUND 2.1 In November of 1992, the Town of Newcastle Planning and Development Department received an application filed, by Ken Pappas on behalf of George Bilissis to amend the Town of Newcastle Comprehensive Zoning By -law in order to permit a 169.1 square metre car wash in addition to a 166.3 square metre donut shop already permitted in the current zone category. 2.2 The subject property is a .13 hectare parcel of land located on the north side of Highway # 2, approximately 133 metres to the west of Arthur Street but is more formally described as Part Lot 27, Concession 2, in the former Village of Newcastle. 3. PUBLIC NOTICE AND SUBMISSIONS 3.1 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. 3.2 A Public Meeting was held on January 18, 1993 at which time the applicant's agent appeared before the Committee in order to provide information and respond to questions. Although no other area resident appeared before Committee, Staff have received one (1) letter from an abutting property owner requesting that the applicant be required, as a condition of approval, to provide privacy fencing. 4. OFFICIAL PLAN CONFORMITY 4.1 Within the Town of Newcastle Official Plan, the subject property is located within the Main Central Area for Newcastle Village. Schedule 8 -2 designates the subject property as ....3 687 REPORT NO. PD -49 -93 PAGE 3 Mixed Commercial - Residential. Section 8.2.5.2 (i)(e)(iii) of the Town of Newcastle Official Plan states that the predominant use of land under the Mixed Commercial - Residential designation shall be for retail, office and mixed use commercial - residential buildings. Therefore, the application appears to conform with the intent of the Town of Newcastle Official Plan. 5 ZONING BY -LAW COMPLIANCE 5.1 Within the Town of Newcastle Comprehensive Zoning By -law 84- 63, as amended, the subject property is zoned General Commercial (C1). The applicant intends to develop the subject property with a 169.1 square metre car wash and a 166.3 square metre donut shop. However, the proposed car wash is not a permitted use within the General Commercial (Cl) zone category. Therefore the applicant has applied to appropriately amend the Town of Newcastle Comprehensive Zoning By -law 84 -63. 6 AGENCY COMMENTS 6.1 In order to obtain comments from other agencies and departments the Planning and Development Department has undertaken a circulation of the proposal. The following provides a brief synopsis of the comments received. 6.2 The Ministry of Transportation has reviewed the application and advises that the minimum frontage for a commercial entrance,permit is 31.5 metres. Since the subject property has only 22.86 metres of frontage along King Street in Newcastle Village, the Ministry has objected to the zoning amendment application. 6.3 The Community Services Department has reviewed the application ....4 688 REPORT NO. PD -49 -93 PAGE 4 and have advised that they have no objection to the proposal subject to the 2% parkland dedication requirement being accepted as cash -in -lieu with the funds realized being credited to the Parks Reserve account. 6.4 The Public Works Department have advised that they have no objection to the proposal subject to several regulatory conditions which would be imposed through the site plan approval process. 6.5 The balance of the circulated agencies which have provided comments are the Ganaraska Region Conservation Authority, Regional Planning Department, Regional Works Department and Town of Newcastle Fire Department. None of the aforementioned agencies have provided objectionable comments with respect to the proposal. 7 STAFF COMMENTS 7.1 Staff have reviewed the merits of the application in relation to both the Town's Official Plan and Zoning By -law as well as with regard for planning rationale. 7.2 The subject property has only 22.86 metres of frontage along King Street in Newcastle Village. King Street is the main thoroughfare in Newcastle Village and commercial development along it should proceed in an orderly and comprehensive pattern. Staff are concerned that the application may promote the fragmented and piecemeal development of the remaining undeveloped parcels in the Main Central Area, particularly the easterly abutting parcel. In addition, Staff are of the opinion that the comments from the Ministry of Transportation corroborate these concerns. ....5 689 REPORT NO. PD -49 -93 PAGE 5 7.3 Moreover, as previously noted, the Ministry of Transportation has advised that the property has insufficient frontage to qualify for a commercial entrance. Therefore, even if the application were to be approved by Council, a municipal building permit could not be issued. Staff advise, for the applicant's information, that developing in conjunction with the abutting properties would both alleviate the Planning Department's concerns regarding piecemeal development and facilitate the issue of a commercial entrance permit by the Ministry of Transportation. 8. CONCLUSION 8.1 In consideration, of the comments contained within this report, Staff respectfully recommend that the application be DENIED. Respectfully submitted, Recommended for presentation to the Committee i Franklin Wu, M.C.I.P. Lawrence E. Kotseff Director of Planning Chief Administrative and Development Officer WM *FW *cc 4 March 1993 Attachment # 1 - Key Map Attachment # 2 - Proposed Site Plan Interested parties to be notified of Council and Committee's decision: George Bilissis 296 Baldwin Street Oshawa, Ontario L1H 6H4 Ken Pappas 16 Belinda Square Scarborough, Ontario M1W 3M2 690