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Home My WebLink AboutPD-138-90 j,,�.-" ,�.,, ;_� TOWN OF NEWCASTLE r , �S ` r [ARMAR REPORT File # Res. # r-�• By-Law # Q MEETING: General Purpose and Administration Committee DATE: April 23, 1990 REPORT #: PD-138 -90 FILE #: DEV 89-144 a ECT: REZONING APPLICATION - PART LOT 31, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON HARMAN INVESTMENTS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PD- -90 be received; 2 . THAT rezoning application DEV 89-144 submitted by Wyndland Consultants on behalf of Harmax Investments to permit a commercial use which does not include an "eating establishment" , "eating establishment drive-in" and "eating establishment take-out" be APPROVED; 3 . THAT the amending by-law attached hereto be forwarded to Council for approval; 4 . THAT a copy of this report and the amending by-law be forwarded to the Region of Durham Planning Department; 5 . THAT the amending by-law be circulated in accordance with regulations made under the Planning Act; 6 . THAT the interested parties listed in this report and any delegation be advised of Council 's decision. 1. APPLICATION DETAILS 1. 1 Applicant: Wyndland Consultants Limited 1.2 Owner: Harmax Investments Limited . . .2 REPORT NO. : PD-138 -90 PAGE 2 1. 3 Rezoning: From: "Neighbourhood Commercial (C2) " To: permit a commercial use which does not include an "eating establishment" as requested by the Ministry of the Environment as a condition of Draft approval of Plan of Subdivision ( 18T-77041) . 1.4 Area: 0 .26 ha (0 .509 acres) 2. LOCATION 2 . 1 The subject property is situated within Part Lot 31, Concession 3, former Township of Darlington. This parcel is further defined as being Block 72 on Plan 1OM-823 and 171 George Reynolds Drive. 3. BACKGROUND 3 . 1 This application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, was submitted on December 21, 1989 . The purpose of this amendment is to comply with a condition of draft plan approval for subdivision 18T-77041 as requested by the Ministry of the Environment. This condition required the zoning to be changed on Block 72 of Plan 1OM-823 to not permit any eating establishments take-out food businesses, or similar uses on this particular parcel of land. 3 .2 On March 19, 1990 a public meeting was held. No one spoke in opposition of support of this development at that time. There has been a few enquiries about this application but they were for clarification purposes only. 4. AGENCY C014MENTS 4 . 1 . In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies . All of the agencies circulated had no objection with this 5 79 BUJ . . . 3 REPORT NO. : PD- 138-90 PAGE 3 application. However, the Town of Newcastle Public Works Department noted that they would provide comments upon submission of a site plan application. 5 . STAFF COMMENTS 5. 1 Staff note that the subject parcel is presently zoned "Neighbourhood Commercial (C2) " . This zone permits eating establishments and take-out restaurants. In order to comply with a condition of draft plan approval as requested by the Minister of the Environment, the applicant has made an application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended. The above noted condition of approval was that the zoning of the subject property be amended in such a way that an eating establishment and/or take-out restaurant would not be permitted to locate on the parcel of land. 5.2 According to the Town of Newcastle Official Plan, the subject property is designated "Residential" with an indication of "Hazard Lands" . Section 7 .2 . 1.2 ii) d) of the Town of Newcastle Official Plan states that convenience commercial facilities which service the day-to-day needs of the residents, may be permitted in residential areas . The proposed by-law amendment conforms to the Official Plan. 9. CONCLUSION In consideration of the above noted comments, Staff respectfully recommend that the attached By-law and Schedule be APPROVED. �) . . .4 5n� .0 REPORT NO. : PD- 138-90 PAGE 4 Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. Lawrenc Kotseff Director of Planning Chief nistrative and Development Office HM*FW*cc *Attach 2 April 1990 Interested parties to be notified of Council and Committee's decision: Harmax Investments Ltd. 39 Pleasant Blvd. Toronto, Ontario. M4T 1K2 Wyndland Consultants Limited 5 Lavington Drive, Suite 7, Weston, Ontario. M9R 2H1 SUBJECT SITE LOT 32 LOT 31 LOT 30 H � 1 � A-8 I � I A A M A _ �Q (H)RI Z 2 4 lo A_8 0 Q - RI R2 w I ° RI ' E A W K ,� R2-2 (H)R4 p R R2 DEV - C R2_4 0 Q EP -EP (H)R2 EP �► _ R2 ++ RI EP R2.2 ! R1, £P R2 R2 NASH ROAD 1 o so a0 zoo 300m BEY MAP � � Dev. 89- 144 599 06 DN: HARMAX.BL THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 90 being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for 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,to implement a condition of Draft Approval for Plan of Subdivision 18T-77041 (10M 823); NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Section 17.6 "Special Exception- Neighbourhood Commercial (C2)"zone is hereby amended by adding thereto,the following new Special Exception 17.6.2 as follows: "17.6.2 NEIGHBOURHOOD COMMERCIAL EXCEPTION(C2-2) ZONE Notwithstanding Section 17.1.b those lands zoned(C2-2) on the Schedules to this By-law shall only be used in accordance with the following zone regulations. 1) NON-RESIDENTIAL USES i) business, professional or administration office; ii) day nursery; iii) dry cleaners distribution centre; iv) laundry; coin operated; V) convenience store; vi) medical or dental clinic; vii) private club; viii) retail commercial establishment; ix) service shop; personal " 2. Schedule "4" to By-law 84-63 as,amended, is hereby further amended by changing the zone designation from "Neighbourhood Commercial (C2)"to"Neighbourhood Commercial Exception (C2-2)" as shown on the attached Schedule "A" hereto 3. Schedule "A" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof,subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 1990. BY-LAW read a second time this day of 1990. BY-LAW read a third time and finally passed this day of 1990. MAYOR CLERK 599 V This is Schedule "A" to By-law 90 passed this day of , 1990 A.D. GEORGE REYNOLDS DRIVE hC N 70°26'20 E 45.675 Y-I 30 a 2 0 z Q BLOCK 72 IOM-823 3 3 p N tf �l1 OD J M t0 0 0 N a J J z N 72°00 30 E 51.405 ~ LOT 31 , CONCESSION 3 1 ® ZONING CHANGE FROM ' C21 TO I C2-2 ' 0 5 10 20 30M Mayor 1086420 Glen( LOT 32 LOT 31 LOT 30 j A-8 I) SUBJECT SITE I) Al C44 M 2- � (H)RI A'8 O R2 E R2-2 (H)R4 p R1 R2 I v R2 2 ►�- �,, S (H)R3 •E R2-4 EP P I (H)R2 EP )RI EP R2.2 I RI EP f 0 60100 200 300m COURTICE NASH ROAD 60m UL