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Home My WebLink AboutPD-59-84 p . S )` REPORT #2 4 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB UO TEL.(416)263-2231 REPORT TO THE COUNCIL MEETING OF FEBRUARY 27, 1984 REPORT NO. : PD-59-84 SUBJECT: REZONING APPLICATION - FILE: DEV 83-36 T. KLAWITTER PART OF LOT 15, B.F.C. , FORMER TOWNSHIP OF DARLINGTON, NOW IN THE TOWN OF NEWCASTLE PROPOSED TAKE-OUT RESTAURANT RECOMMENDATION: It is respectfully recommended to Council the following : 1 . That Report PD-59-84 be received; and * 2, That the attached By-law to amend By-law 2111 , as amended, be approved. . . .2 i i i Page 2 REPORT NO. : PD-59-84 I i i BACKGROUND: � purpose and Administration Committee at their , The General i 1984 endorsed the following meeting of February 65 resolution: Ill . That Report PD-31 -84 be received; and Township to of Darling Zoning By-law 21119 of the 2. That a ton , as amended, be former Township forwarded to Council for approval at such time as the applicant has satisfied the requirement of the Central Lake Ontario Conservation Authority and the Regional Municipality of Durham." Council subsequent thereto, at their meeting of February 135 1984 approved the recommendation in Report PD-31 -84 and directed that a by-law be forwarded to Council for approval at such time as the applicant has satisfied the appropriate parties. By letter dated February 14, 1984, the Region of Durham advised us that pursuant to their previous request for the submission of an Engineering Report pertaining to the soil conditions of the site, the "Soil Assessment Report" as prepared by Gibson and Associates has been submitted , reviewed and deemed acceptable thereby satisfying gional requirements of Section 8.4.3.2 of the Durham Official Plan. Furthermore, it is noted that the Central Lake Ontario 21 � Conservation Authority, at a hearing held 1984 approved of Mr. Klawitter' s request ao theoplacement of fill material and the conairStormnFloodplain of Westside Restaurant within the Region Creek. . . .3 REPORT NO. : PD-59-84 Page 3 Confirmation in writing has been received by staff pursuant to the decision of the Conservation Authority. In consideration of the above-noted comments, staff would * have no objection to the approval of the by-law attached hereto. Respectfu u , r J T.T. Edwards, M.C.I.P. Director of Planning LDT*TTE*j i p *Attach. February 20, 1984 Applicant: Mr. T. Klawitter 13 Roser Crescent BOWMANVILLE, Ontario L1 C 3N7 THE CORPORATION OF THE TOWN OF NEWCASTLE ; �1 BY-LAW NUMBER 84- ';;•' being a By-law to amend By-law Number 2111 , as amended, of the former i1 Township of Darlington, now in the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend Restricted Area By-law Number 2111, as amended, of the former Township of Darlington, now in the Town of Newcastle. ! NOW, THEREFORE, the Council of the Corporation of the Town of ! Newcastle enacts as follows: f' 1 . Section 13 of By-law 2111, as amended, is hereby further amended •:a by adding thereto the following subsection (aaa): s "(aaa) Part of Lot 15.,_Broken Front Concession i Notwithstanding any provision of this By-law to the contrary that Part of Lot 15, Broken Front Concession, designated as "SPECIAL PROVISION BY-LAW 84- on the attached Schedule "A" hereto shall only be used n accordance with the following provisions. In the event that there is any conflict between the provisions of this Special Provision and any other provisions of this By-law 2111, as amended, then the provisions of this Special Provision shall apply. , But in the event that this Special Provision is silent on fq any matter, then the provisions of By-law 2111 , as amended, i. shall apply. +' The zone designations cited herein refer to the zone , designations identified on Schedule "X-1" hereto. (i) Definitions (a) Building: - shall mean a structure temporary or permanent having a roof supported by columns or one or more walls which is used for the shelter, accommodation, or enclosure of persons, animals, equipment, goods or materials. Any tent, canopy, bin, bunk, or platform, vessel , vehicle or trailer used for any of the said purposes shall be deemed � . a building. Sr (b) Eating Establishment: - shall mean a building or part of a building where food is offered for sale or sold to the public for immediate ; consumption primarily on premises and includes a restaurant, dining room, cafe, cafeteria, ice cream parlor, tea or lunch room, dairy bar, coffee shop, snack bar, or refreshment roan or stand. (c) Eating Establishment Take-out: - shall mean a building or part of a building where food is offered for sale or sold to the public for consumption primarily off the premises. (d) Golfcourse: - shall mean a public or private area operated for the purpose of playing golf and shall include a Par 3 ; Golfcourse, driving ranges, miniature golfcourses, a club ; ! . house, dining room, lounge and similar uses, ' - (e) Park, Greenbelt: - shall mean a lot or block of land, the main purpose of I which shall be the protection of open space areas and natural watercourses, and which may also be used for recreational activities including playing and athletic fields, but excluding any buildings or structures. (ii) Permitted Uses (a) Commercial C4 Zone - Eating Establishment s - Eating Establishment, Take-out (b) Environmental Protection (EP) Zone - Conservation Area - Greenbelt, Park } - Storm Water Flood and Erosion Control Facilities - Golfcourses and Driving Ranges exclusive of buildings. (iii) Zone Provisions (a) Commercial C4 Zone - Lot Area (minimum) 3250 square metres - Lot Frontage (minimum) 30 metres +j - Yard Requirements (minimum) (i) Front Yard 10 metres (ii) Interior Side Yard 5 metres (iii) Exterior Side Yard 10 metres t ,r,F•• (iv) Rear Yard 5 metres - Landscaped Area (minimum) 15 percent - Lot Coverage (maximum) 40 percent - Building Height (maximum) 10 metres fi'j•. - Building Setback from any Environmental ;{ ! Protection (EP) Zone 3 metres - Floor Area (maximum) 300 square metres ' - Parking - Offstreet (minimum) - 1 space for each 5 square } metres of floor area accessible to the public 2. Map 27 of Schedule "A", By-law 2111 , as amended, is hereby further amended by changing to "SPECIAL PROVISION BY-LAW 84- the zone designation of the lands designated zone change to "SPECIAL a}� PROVISION BY-LAW 84- on the attached Schedule "X" hereto. • 4 3. Schedule "X-l" to By-law 84- shall form part of this ` Special Provision. ' rr 4. This By-law shall come into effect on the date hereof, subject +` to the provisions of Section 34 of the Planning Act. + BY-LAW read a first time this day of 1984 BY-LAW read a second time this day of 1984 BY LAW read a third time and finally passed this day of 1984 , ' MAYOR 4 CLERK j I i This is Schedule X to By-law 84 passed this day of A.D. 19841. ' :r N70 050'30"W 18-21 L0✓ ', N` O N J 0 o ro AA\,g3 Q ci 0 NAB°A$3°Pp\PN (SEAL) ZONE CHANGE TO SPECIAL E PROVISION BY-LAW 84- . G.B. Rickard, Mayor '',,; 0 50 15 D.W. Oakes, Clerk 50 10 ; 0 250 500. Key Map -Former Township of Darlington200 I I, H LOT L I LOT LOT L "UL� I_U.-U LOT u ' 19 I8 I 17 16 15 U 'I 12 O I BASE LINE I RD. U i E I li i SUBJECT SITE I L I I� I I I I •- 1� I + � ,t I It I i This is Schedule "X- 1 " to By-law 84- passed this day of—A.D. 1984. N70050'30'W 18.21 C5 40\ N 19 C-4 �,A \Ce ko 0 R, A' CO 0 z E P OD < 0 t- A z C, (SEAL) A. G.B. Rickard, Mayor 4 F'I 0 50 15 ,O k D.W. Oak** Clark D.W.� 50 10 0 250 500. Key Map -Former Township of Darllngtonj!�� 00 LOT u LOT L LOT LOT u LOT 17 16 12 19 18 u Z ELINE RD. d 4'' z 0 A0 PAS SUBJECT SITE