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Home My WebLink AboutPD-214-91 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: SOTIRIADIS.GPA REPORT P U B L I C M E E T I N G Meeting: General Purpose and Administration Committee File # Date: Monday, September 23, 1991 Res. # Report#:PD-214-91 File #: DEV 91-042 By-Law# Subject: REZONING APPLICATION - PETER, MATINA AND ANASTASIOS SOTIRIADIS PART LOT 28, CONCESSION 3, FORMER TOWNSHIP OF CLARKE FILE: DEV 91-042 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PD-214-91 be received; 2 . THAT application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Peter Sotiriadis on behalf of Peter, Matina and Anastasios Sotiriadis, be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; and 3 . THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1 . APPLICATION DETAILS 1. 1 Applicant: Peter, Matina & Anastasios Sotiriadis 1 .2 Agent: Peter Sotiriadis 1 . 3 Rezoning Application: From Special Purpose Commercial (C4) and Agricultural Exception (A-1) to an appropriate zone to permit a 247 . 8 m 2 (2667 .5 sq. ft. ) convenience store extension to an existing restaurant. 1 .4 Area: 0 . 77 ha ( 1 . 90 acres) 1 � il . . . .2 , REPORT NO. PD-214-91 PAGE 2 2 . LOCATION 2 . 1 The subject property is located in Part Lot 28, Concession 3, former Township of Clarke. This parcel is further defined as being located at 3211 Highway No. 35/115 . The applicant owns an additional 14 . 16 ha parcel of land directly east and south of the lands subject to application. 3 . BACKGROUND 3. 1 On July 25, 1991 the Town of Newcastle Planning Department received an application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, to permit a 247 . 8 m2 (2667 . 5 sq. ft. ) convenience store extension to an existing restaurant. 4 . EXISTING AND SURROUNDING USES 4 . 1 Existing Uses : Restaurant with living quarters above. 4 .2 Surrounding Uses : East - vacant Agricultural, owned by applicant West - Olco Station, surrounded by vacant lands South - Existing Residential, owned by applicant North - Recreation Vehicle Sales establishment. 5 . OFFICIAL PLAN POLICIES 5 . 1 Under the current Durham Region Official Plan the subject property appears to be designated "Permanent Agricultural Reserve" . The predominant use of lands in areas so designated shall be for agriculture and farm-related uses . However, Section 16 . 6 .5 permits, at the discretion of the municipality, the continuation, expansion and enlargement of uses which do not conform to the Durham Region Official Plan, or the variations to similar uses,. 5 .2 Under the Durham Region Official Plan, as adopted by Regional Council on June 5, 1991, the subject property is designated REPORT NO. PD-214-91 PAGE 3 as Permanent Agricultural Reserve. Lands so designated shall be restricted to agricultural and farm-related uses . However, Section 20 .4 .4 permits, again at the discretion of the municipality, the continuation, expansion or enlargement of uses which do not conform to the Durham Region Official Plan, or the variations to similar uses . 6 . ZONING 6 . 1 The property is currently zoned "Special Purpose Commercial (C4) " and "Agricultural Exception A-1) " , neither of which permit a convenience store. 7 . PUBLIC NOTICE AND SUBMISSIONS 7 . 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. As of the writing of this report, one written submission, which was in favour of the development, has been received. 8 AGENCY COMMENTS 8 . 1 In accordance with departmental procedures, the application was circulated -to obtain comments from other departments and agencies . To date comments remain outstanding from the Regional Planning Department, the Ministry of Agriculture and Food and the Ministry of Transportation. The following departments/agencies in providing comments offered no objection to the application as filed: - Town of Newcastle Fire Department - Ganaraska Region Conservation Authority - Region of Durham Works Department - Ontario Hydro As of the writing of this report the following agencies have the comments noted below: . . . .4 REPORT NO. PD-214-91 PAGE 4 8 . 2 The Town of Newcastle Community Services Department has no objection to the application subject to a 2% dedication requirement being provided as cash-in-lieu of parkland. 8 . 3 The Town of Newcastle Public Works Department has no objection to the proposal subject to the applicant/owner providing a Site Grading Plan satisfactory to the Director of Public Works, that any easements required by the Town be granted free and clear of any encumbrances and that all works be completed in accordance with the Town of Newcastle's Design Guidelines and Standard Drawings . 8 .4 The Regional Health Unit has imposed a condition of approval. The convenience store addition will be built over the existing sewage disposal system for the restaurant thereby leaving insufficient land to relocate a sewage system. As the applicant has applied for a land division (LD 237/91) to meld lands with this site this problem should be addressed. Consequently, the Regional Health Unit has stated that it must withhold comments until the severance is completed and it is determined that sufficient land will be added to the property to support a sewage disposal system for all uses . 9 . STAFF COMMENTS 9 . 1 Through land division application LD 237/91 the applicant is proposing to sever a 0 .48 ha parcel of land to be melded with the existing 0 .29 ha restaurant site to the west. The lot to be retained will be 14 . 16 ha. Under the Town of Newcastle Comprehensive Zoning By-law 84-63, as .amended, a lot in the Agricultural Exception (A-1) zone must be 40 ha. Consequently, the applicant has filed an application to the Committee of Adjustment (A 91/029) to be given a minor variance for an undersized lot. . . . .5 REPORT NO. PD-214-91 PAGE 5 10 . CONCLUSION 10. 1 The purpose of this report is to facilitate the Public Meeting as required by the Planning Act, to provide Committee and Council with some background on the application submitted and for Staff to indicate issues or areas of concern regarding the subject application. It is recommended that the application be referred back to Staff for further processing and a subsequent report be presented upon the completion of the above mentioned related applications and the receipt of all outstanding comments . Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. Lawrence ` Kotseff Director of Planning Chief A nistrative and Development Officer IW*FW*cc Attachment No. 1 - Key Map Attachment No. 2 - Proposed Plan 16 September 1991 q Attachment Nos 1 ® SUBJECT SITE 32 31 30 29 28 27 26 25 24 ORONO I A I -) t I I V ' Z tp 0 CONCESSION RD.4V I � I RC i M I p I i O � � I I I z 0 o , cn a = CI i w t C4 I E I w' V °o- EP I ° k cs 0 4 WNCESSI RQ 3' V I i A'' �, I I N I I A-1 EP 4 i i I Z t~ I ' 1 0 a , I V 10 HWY N° 2 NEWCASTLE VILLAGE P � V Formerly Clarke Twp. ° 5 00 1000 KEY MAP 500m Dev® 91 -04 2 Attachment No. N 6 f)° 45 344f- i 50.oil i 1 ( ^' i 1, riF• ?2,G,�� F.+ldb�.tL . � v S v � m h + Lb �1 t 2e,r4'• t h.�d ( rr v�^ .{�,' ?c t-• 24'.x.14' . ¢Flx�rrc rxf=7,r.r at f