HomeMy WebLinkAboutPD-47-88 DN: 47--88
TOWN OF NEWCASTLE
REPORT
File # m3S �¢/
Res. , / ?
By-Law #
hEEfING: General Purpose and Administration Committee
DATE: Monday, March 7, 1988
REPORT #: PD-47-88 FILE #:DEv 87-4
SUBJECT: REZONING APPLICATION - MICHAEL and ANN O'DONNELL
PART LOT 23, CONCESSION 8, FORMER TOWNSHIP OF CLARKE
OUR FILE: DEV 87-4
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-47-88 be received; and
2. THAT the application submitted by Mr. L. Trotter on behalf of Michael and
Ann O'Donnell to rezone a 0.83 hectare parcel of land located in Part of Lot
23, Concession 8, former Township of Clarke, be approved; and
3. THAT the attached By-law be forwarded to Council for approval at such time
as a site plan agreement has been executed; and
4. THAT the applicant be so advised.
BACKGROUND AND COMMENT:
On January 15, 1987 the Planning Department received an application submitted by
Mr. L. Trotter on behalf of Michael and Ann O'Donnell to rezone a 0.83 hectare
(2.29 acre) parcel of land in Part Lot 23, Concession 8, former Township of Clarke
(see attached map) . The purpose of the rezoning would be to permit the development
of a Gas Bar in addition to the existing restaurant.
. ..2
REPORT NO. : PD-47-88 PAGE 2
The subject lands fall within the Durham Regional Official Plan's "Oak Ridges Major
Open Space System" designation. The establishment of new automobile service
stations within this designation may be permitted in accordance with the policies
set out in Section 8.3.3.3 of the Regional Official Plan.
The subject lands are currently zoned as "Special Purpose Commercial (C4) " within
the Town of Newcastle's Comprehensive Zoning By-law 84-63, as amended. This zoning
category only permits existing motor vehicle fuel bars.
Staff would note for the Committee's information that 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.
The application was originally submitted showing a convenience store to be
constructed on the north-east corner of the site. After review of the Official
Plan and consultation with the Regional Planning Staff it was determined that such
a retail store did not conform to the "Special Purpose Commercial" designation of
the Plan. The decision was made to proceed with the application for the motor
vehicle fuel bar considering the use conforms to the Official Plan. The idea of
the convenience store is not being pursued at this time.
On April 6, 1987, Report PD-113-87 was submitted to Committee recommending that the
rezoning be approved in principle and be taken to Council for approval after the
Site Plan Control Agreement has been entered into. The report noted issues raised
by various agencies which could be addressed through the Site Plan process (a copy
of PD-113-87 is appended for information) .
At the Public Meeting, Mr. Tom Hughes the owner of an abutting gas and snack bar,
voiced his objection to this proposal, stating that within an 11 1/2 km. stretch of
road, there are eight gas bars. Committee upon considering the information before
them, referred the report back to Staff for a market impact analysis and subsequent
report. On April 13, 1987 Council approved this recommendation.
In late January 1988 the applicant submitted information on the feasibility of
marketing gasoline from the above-noted property. The package of information is
-- -.1
REPORT 00.: DD-47-89 PAGE 3
enclosed for the Committee's information. Staff notes the data indicates that it is
financially feasible for gasoline to be sold on the subject site, that there is ample
traffic volume to warrant u tuaI bar and that the existing restaurant would act as an
additional benefit to selling of petroleum products.
Staff note the information presented is not in the form of a "market impact
noaIyoian, but rather a feasibility evaluation for the site. The information does
not give an indication of the effect, if any, an additional fuel bar will have upon
existing locations, but zmtbec it is limited to the viability of the proposed site.
Staff further notes that a recent Ontario Municipal Board Hearing involving the
/
Town of Newcastle and 7-Eleven, the applicant (7-Eleven) had been denied approval
for a rezoning at Committee and Council based on the potential for negative impact
on existing businesses. Upon appeal of the decision to the Ontario Municipal
Board, Council's denial was overturned and in a written decision the Board Members
stated;
the ''Board will not enter into the merits of regulating market
competition, but will only consider marketing evidence as it
affects land use planning."
Staff conclude from this statement that municipalities should not attempt to
regulate boaioeoa competition through 000lug 000tznIo uuIeao such competition will
seriously undermine planning objectives relative to IonetlouaI and land use
criteria. In this instance, locating a service station on this site will not
offend the intent of the Official Plan or be incompatible with surrounding laud
uses. The Official Plan does not attempt to regulate the number of service
stations in any given area. Similarly this area was originally zoned "Special
Purpose Commercial" under an exception provision of the Official Plan dealing with
consolidation of existing commercial nodes. Redevelopment of the site would
provide additional commercial assessment and would intensify and upgrade the use of
an existing commercial property.
Comments received from the circulation process indicated the majority of agencies
offered no objections to the application for a proposed fuel bar. The issues which
were raised by the agencies included those of Newcastle Public Works need for a lot
grading plan illustrating existing and proposed elevations and site drainage. The
-,f0
REPORT NO. : PD-47-88 PAGE 4
Health Department's concern for a sewage disposal system for the gas bar and
designating a replacement area for the sewage disposal system servicing the
restaurant and tavern.
The Health Department wishes to have their concerns addressed prior to the By-law
being approved and Staff supports this position. It appears that the concerns can
be dealt with and, on this basis, we are proceeding with the Site Plan.
The Ministry of Transportation and Communication has no objection to the proposed
rezoning, but have definite concerns with the proposed access points illustrated on
the site plan. Ministry Staff suggest closing the southerly access and redesigning
the middle access. The northerly entrance shall be constructed to commercial
standards. The applicant is requested to obtain design details from the ministry.
Further, all commercial buildings will require 14m (45 feet) setback, and permits
will be required for all buildings, signs and illumination prior to construction
being undertaken.
Staff believe the issues raised by the various agencies can be addressed through the
Site Plan approval process. Staff have reviewed the planning aspects of the proposal
and have no objection to the concept; therefore, it is recommended that the rezoning
be approved in principle and forwarded to Council for approval after a Site Plan
Control Agreement has been entered into.
s
11
Respectfully s mitted, Recommended for presentation
to the Committee
lol
2*�E�
T. Edwards, C.I.P. rence E Kotseff
f i is
w
Director of Planning 4ChiefA i istrative Officer
CP*TTE*bb
*Attach.
February 10, 1988
cc Mr. L. Trotter
Suite 305
172 King Street East
Oshawa, Ontario
LlH 1B7
cc Mr. & Mrs. O'Donnell
79 Amber Jack Blvd.
Scarborough, Ontario
i
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 87-
being a By-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 advisable to amend By-law 84-63, as amended, of the
Corporation of the Town of Newcastle in order to permit the
construction of a Motor Vehicle Gas Bar pursuant to Section 8.3.3.3
of;the Durham Regional Official Plan;
NOW THEREFORE BE IT RESOLVED THAT By-law 84-63 is hereby amended as
follows:
1. Schedule "2" to By-law 84-63, as amended, is hereby further
amended by changing the zone designation from "Special Purpose
'Commercial (CO" Zone to "Service Station Commercial Exception
(C6-4)" Zone as indicated on the attached Schedule "X" hereto.
2. ,' Schedule "X" attached hereto shall form part of this by-law.
3: This 8y-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.
MAYOR
CLERK
T-ihi8 is E-.chedule "X" t® By-law 87�- r
passed this day • of , 198.7 A.D.
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