HomeMy WebLinkAboutPD-104-88 DN: 104-88
TOWN OF NEWCASTLE
REPORT File I/L o5- �
Res. # dot ;-
_�_��. By-Law #
MEETING: General Purpose and Administration Committee
DATE: Monday, May 2, 1988
REPORT #: PD-1014-88 FILE #: DEV 88-18
SUBJECT: REZONING APPLICATION - 674695 ONTARIO LIMITED
PART LOT 24, CONCESSION 8, FORMER TOWNSHIP OF CLARKE
OUR FILE: DEV 88-18
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-1014-88 be received; and
2. THAT the rezoning application submitted by Mr. Roger Carr of Carr & Coleman
on behalf of 674695 Ontario Limited to rezone a parcel of land within Part
of Lot 24, Concession 8, former Township of Clarke to permit the expansion
of the existing commercial use be approved and that the attached by-law to
amend By--law 84-63 be forwarded to Council for approval, and
3. THAT the applicant be so advised.
BACKGROUND AND COMMENTS:
On February 15, 1988 the Planning Department received an application submitted by
Roger Carr of Carr_ & Coleman; Barristers & Solicitors on behalf of 674695 Ontario
Limited to rezone a parcel of land within Part of Lot 24, Concession 8, former
Township of Clarke to permit the expansion of the existing uses. The applicant has
indicated that an eating establishment and associated parking facilities accessory
to the service station is being contemplated; however the timing of the development
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I v 60
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I REPORT NO. : PD-104-88 PAGE 2
has not been determined.
The subject lands are designated as "Major Open Space" by the Region of Durham
Official Plan. The Regional Plan stipulates that the predominant use of lands
under this designation shall be for agricultural and farm-related uses.
However, Section 16.6.5 of the Regional Official Plan permits Council to rezone
a parcel of land to permit the continuation, expansion or enlargement of the
existing uses or variations to similar uses.
By-law 84-63, as amended, shows the subject lands currently within the
"Agricultural (A) " zone, while the abutting property which the subject lands are
proposed to meld with, are within the "Service Station Commercial Exception
(C6-4)" zone. Within the "C6-4" zone a motor vehicle fuel bar, a motor vehicle
service station and an eating establishment accessory to one of the other
permitted uses, are listed as permitted uses.
In accordance with approved policy, the subject application was circulated to
various agencies and departments for comments. The following is a summary of
comments which have been received. The following departments/agencies had no
objections:
- Town of Newcastle Fire Department
- Town of Newcastle Building Department
- Ministry of Agriculture and Food
Region of Durham Health Unit
"Please be advised that this department has no objection to the above rezoning.
The suitable area for on-site sewage disposal will be determined when the Site
Plan is circulated to this Department along with other pertinent information."
Newcastle Public Works Department
"We have reviewed the above-noted application and have no objections, subject to
the following comments:
1. That the Owner enter into a Site Plan Agreement with the Town and that
this department be kept informed of the status of the same, at all times;
and
2. All of the other standard requirements re: lot grading, performance
guarantees, etc. should be included in the agreement;
. . .3
REPORT NO. : PD-104-88 PAGE 3
3. That the Owner meet all of the requirements of the Public Works
Department, financial or otherwise.
Regional Planning Department
"The subject property is designated "Major Open Space" in the Durham Regional
Official Plan.
Our understanding is that the existing use of the land is for an automobile
service station. Section 8.3.3.3. of the Development Plan permits, subject to
the detailed provisions of this same Section, existing and new automobile
service stations within any land use designation without amendment to the
Regional Official Plan. The existing use is therefore, a permitted use.
Regarding the above-noted proposal, and following your confirmation that the
existing zoning permits a service station with an accessory eating
I
establishment, it would appear that Section 16.6.5 of the Regional Official Plan
does apply.
This Section permits the expansion of existing non-conforming uses. Since a
restaurant is a non-conforming use within the major Open Space designation, the
proposed expansion may be permitted providing the detailed provisions of Section
16.6.5 can be satisfied."
I,
Town Staff have reviewed the application in regard to the provisions of the
Regional Official Plan. Section 16.6.5 permits Council to zone to permit the
expansion or enlargement of existing uses, provided that such uses:
a) have no adverse effect on the present uses of the surrounding lands or
the implementation of the provisions of this Plan;
b) have regard for the Agricultural Code of Practice as amended from time to
time, if applicable;
C) are accessible by a public road which is maintained by the appropriate
authority as open to traffic on a year-round basis and is of a standard
construction adequate to provide for the additional traffic generated by
the proposed use; and
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B8P0BT 0O. : PD-104-88 PAGE 4
d) are subject to any conditions that may be contained in a district plan.
Staff would further note that prior to o building permit being issued, the
applicant would be required to enter into a Site Plan Agreement.
Inasmuch as the subject lands are to meld with the present holdings fronting
Bigboxav 1I5 and 35, Staff are of the opinion that the approval of the Zoning
By-law amendment may proceed prior to the approval of a site plan agreement as
the question of direct access to Highway I15 and 35 is not changing.
Accordingly and in consideration of the above-noted comments and provisions,
Staff would have no objections to the approval of the application as submitted
and attached by-law amendment hereto.
Respectfully submitted, Recommended for presentation
to the Committee
L. b. Tay�q� &a�6renqc Kotsef f
Deputy Director of Planning Chief strative Officer
P80*Q]T*bb w
*Attach. |
' April 25' 1988 '
cc 674695 Ontario Limited /
c/o Carr & Coleman �
Barristers 6 Solicitors
50 Walton Street |
PORT HOPE, Ontario '
LlA lNI �
|
|
THE CORPORATION OF THE TOWN OF NU CASTLE
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 in
order to permit the expansion of the commercial use pursuant to the provisions of
Section 16.6.5 of the Durham Regional Official Plan.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of
Newcastle enacts as follows:
1. Schedule 112" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from "Agricultural (A)" to "Service Station Commercial
Exception (C6-4)" as indicated on the attached Schedule "X" hereto.
2. Schedule "X" attached hereto shall form part of this By-law.
3. This By-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 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
i
I
This is Schedule X to By-law 88-
passed this day , of—. 51988 A.D.
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passed this day of 51988 A.D.
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