HomeMy WebLinkAboutPD-53-88 DN: 53-88 `���
TOWN OF NEWCASTLE
REPORT File # , 'V/j
Res.
8y-Law #
MEETING: General Purpose and Administration Committee
DATE: Monday, March 7, 1988
REPORT #: PD-53-88 _ FILE #: DEV 88-1
SUBJECT: REZONING APPLICATION - TERRY KLAWITTER
PART LOT 24, CONCESSION 8, FORMER TWP. OF DARLINGTON
OUR FILE: DEV 88-1
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-53-88 be received; and
2. THAT the Rezoning Application submitted by Mr. Terry Klawitter to rezone a
parcel of land in Part of Lot 24, Concesiion 8, former Township of Clarke
to permit the addition of a fuel bar to an existing motel and restaurant 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 December 31, 1987 the Town of Newcastle Planning Department received an
application for rezoning submitted by Terry Klawitter to rezone a 0.37 ha parcel of
land in Part of Lot 24, Concession 8, in the former Township of Clarke. The
amendment would allow a fuel bar to be added to the existing eight (8) unit motel
and a licensed restaurant.
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REPORT 00. ; PD-53-88 PAGE 2 ^
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The subject site is designated as "Permanent Agricultural Reserve', in the
Durham Regional official Plan. The existing motel and restaurant and the
proposed gas bar are ooeo that are not generally permitted in lands so
designated. However, the Regional Planning Staff noted that the existing motel
and restaurant are recognized in the Zoning By-law and therefore are permitted
uses. Staff would note that the motel has not been operable for the past two
(2) years, however, it is n permitted use within the zoning category.
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 aiguage was installed on the subject lands.
'
In accordance with departmental procedures the application was circulated to
obtain comments from other departments/agencies. Staff would note the
following department/agencies offered no objection to the application as filed:
- Town of Newcastle Building Department
- Region of Durham Health Unit
- Ministry of Agriculture and Food
- Gaoazanka Region Conservation Authority
The Ministry of Transportation, in reviewing the application, offered no
objection to the proposal, however, indicated that all aomeeo be restricted to
the existing entrances, noting that no additional entrances to the highway will
be permitted. The Ministry also requires all buildings be set back a minimum
distance of 32m (I05 ft.) from the highway centre line or 14m (45 ft.) from the
Ministry's property line, whichever is greater. The ministry also requires
permits of any signs and buildings.
The Newcastle Public Works Department has requested the Owner enter into a Site
Plan Agreement with the Town and that all the standard requirements be
included, financial and otherwise.
The Newcastle Fire Department offered no objection to the proposal, however,
the applicant will be required to comply with the requirements of Gasoline
Handling Act for Ontario and the Ontario Hotel Fire Safety Act. Staff would
REPORT 00. : PD-53-88 PAGE 3
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note that the motel is not in operation and requires Fire Code upgrading and
approval from the Ontario Fire Marshall Hotel and Fire Safety Inspection
Branch.
Staff would note for the Committee's information that the concerns/conditions
of each agency will be addressed in a Site Plan Agreement.
As previously noted, the Regional Planning Staff indicated that the existing
motels and restaurant are permitted ooeo within the "Permanent Agricultural
Reserve" designation, provided the uses are recognized in the Zoning By-law.
Staff would note that the subject lauds are zoned as "Special Purpose
Commercial (C4)" xmoe in the Town of Newcastle Comprehensive Zoning By-law
`
84-63' as amended, noting that the existing uses are permitted xdtbio said
zone. However, in order to permit a fuel bar to the existing uses, the lands
must be rezoned to recognize the proposed use. In that regard, Regional
Planning Staff suggest that Section 8.3.3.3 of the Regional Official Plan would
olImv for new and existing service stations and obaII be permitted with a
special zoning category provided that the location of such uses do not create a
uuiauuoe to the adjacent residential uses, that such uses are not adjacent or
opposite to schools, and that such ooeo are located abutting an arterial road
or collector and have access from these roads, subject to the approval of the
authority having jurisdiction. In addition to the above referenced section,
the use would also be permitted under Section 16,6.5 of the Regional Official
'
Plan which states that the continuation, expansion or enlargement of existing
uses may be permitted provided there will be no adverse effect on surrounding
laud uses, provided it has proper access, and provided that the proposal has
regard for the Agricultural Code of Practice.
Given that the motel and restaurant is existing, and given that the lands to
the north and west are vacant, Staff is of the opinion that the uses comply
with Section 8.3.3.3 and Section 16.6,5 of the Regional official Plan.
In addition, an application for rezoning has been made on the lands to the
onotb, (File: DEV 88-2' Hynes) . Staff would note for the Committee's
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REPORT NO. : PD-53-88 PAGE 4
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information that Mc. Klawittec and Mr. Hynes submitted each application at the
same time and wished the applications to be heard by Committee in oVu 'uuutiou;
each applicant indicating that the competition created would be beneficial.
Staff would note, however, that the service station owner on the east aide of
the highway has couoeCoa regarding more competition being created within the
vicinity. In that regard, Staff would note that the proposed service stations
are on the west side of the highway, and since Highway 35/115 is o divided
highway, only vehicles travelling southbound would be able to take advantage of
proposed service stations. Similarly, only those veblolaa travelling
northbound will be able to take advantage of the service station on the east
side.
In consideration of the above-noted comments, Staff would respectfully
recommend that the application submitted to permit a fuel bar to be added to
the existing motel and restaurant be approved.
Respectfully submitted, Recommended for presentation
to the Committee
_ ----------------
T.T. Edwards, ��.�.I.�. ��vvreu 0zteeff
Director of Planning Chief ��mi iatrative Officer
' | /
{5RV*TT0* 'ip '
*Attach.
February 25, 1988
APPLICANT: Mc. Terry KIawittec
R Macyleah Court
8OWM&0VILL8x Ontario
LlC 3K2
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 88-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law 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.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Town of Newcastle enacts as follows;
1. Notwithstanding Section 19.1, those lands zoned "C4-10" on the
Schedules to this by-law, in addition to the other uses permitted in the
11C4" zone, be used for a motor vehicle fuel bar in accordance with the
provisions in Section 21.3 of this By-law.
2. Schedule 112" to By-law 84-63, as amended, is hereby further amended
by changing the zone designation from "Special Purpose Commercial (C4)"
to "Special Purpose Commercial Exception (C4-10)" Zone, as indicated on the
attached Schedule "X" hereto.
3. Schedule "X" attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of passing hereof,
subject to the provisions of Section 35 of the Planning Act.
BY-LAW read a first time this day of 1988
BY-LAW read a second time this day of 1988
BY-LAW read a third time and finally passed this day of
1988.
MAYOR
CLERK
This is Schedule X to By-law 88--, t-
passed this day of , 1988 A.D.
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CONCESSION ROAD 8
Former Township of CLARKE 0"�""000m
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