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HomeMy WebLinkAboutPD-105-88 DN: 105-88 TOWN OF NEWCASTLE f � u`s t REPORT File #� / Res. #(° 9 By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, May 2, 1988 REPORT #: PD-105-88 FILE #: DEV 88-17 SUBJECT: REZONING APPLICATION - FIORE CANCELLIERE PART LOT 29, CONCESSION 31 FORMER TWP. OF CLARKE OUR FILE: DEV 88-17 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-105-88 be received; and 2. THAT the application for rezoning submitted by Fiore Cancelliere on behalf of Harry Zosik, to rezone a 1.11 ha (2 acre) parcel located in Part of Lot 29, Concession 3, in the former Township of Clarke, to permit additional parking to the existing 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 COMMENTS: On February 8, 1988, the Planning Department received a rezoning application submitted by Fiore Cancelliere on behalf of Harry Zosik to rezone a parcel of land in Part of Lot 29, Concession 3, former Township of Clarke, to provide additional parking for the existing restaurant on a 1.11 ha (2 acre) parcel. . . .2 .\ 88P0IT 00. : PD-I05-88 P&Q8 3 _______________________________________________________________________________ The subject Imuda are designated as "Permanent Agricultural Reserve" in the Durham Regional Official Plan. Section 16.6.5 of the Plan would permit Council to zone to permit the continuation, expansion or enlargement of existing uses, provided that such existing uses have no adverse effects on the present use of the surrounding lands. In that regard, the proposal would appear to conform with the intent of the Official Plan. The lands subject to the rezoning are presently zoned as "Agricultural (&_l)o and the lands supporting the restaurant are zoned as "Special Purpose Commercial (C4)11, respectively by the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended. 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 oiguage acknowledging the application was installed no the subject lands. In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. Staff would note that the following departments/agencies, in providing comments, offered no objection to the application as filed: Town of Newcastle Fire Department ( ])own of Newcastle Building Department Qauacaoka Region Conservation Authority The Town of Newcastle Public Works Department requested, that provided the application is approved, that the Owner enter into a Site Plan Agreement with | | the Town, informing the Public Works Department at all times. In addition, all other standard requirements such as Lot Grading, Performance Guarantees etc., should be included in the Agreement. | ! Regional Health Services Department offered no objection to the proposal. ^ ^ ^3 REPORT NO. : PD-I05-88 PAGE 3 - ------------------------------------------------------------------------------- The Ministry of Transportation offered no objection to the proposal, however, restricting all access to the existing entrances, noting that no additional entrances are permitted. In addition, the Ministry notes that the minimum setback requirement is 14 metres (45 ft.) from the highway property line. Permits are also required for all buildings, signs and illumination. The Ministry of Agriculture and Food verbally offered no objection to the proposal, however, noted 1.11 ha (2 acres) was quite large for the purposes of additional parking spaces. The Durham Regional Planning Department states that Section 16.6.5 of the Durham Regional official Plan offers a degree of flexibility to local / municipalities to permit the expansion of existing uses under certain circumstances. In addition, Regional Staff noted, that abooId the application be approved, the zoning should be site specific to recognize the existing uses and any expansion. In reviewing the application, Staff noted that an application was submitted by the same applicant for the identical proposal in March, 1980. In February, I981, the application was approved subject to the execution of m Site Plan Agreement. However, a site plan was not submitted and after several attempts to contact the applicant, the file was closed September, 1981. ( Staff would note for the Committee's information that in both instances, the additional parking would accommodate the parking of approximately ten (10) truck trailers. It is Staff's opinion that 1.11 ha is rather large for the proposed use. However, the proposed use would have no adverse effects opnu the present use of surrounding lands or the implementation of the Regional Plan. In that regard, Staff would recommend that the restaurant be rezoned in conjunction with the parking lot to "Special Purpose Commercial Exception (C4-6)" which would only allow an eating establishment and the associated packing thereto. It is Staff's opinion that this would provide the necessary land use control under the terms of the Zoning By-law to satisfy the applicant's request and the concerns of the Regional Planning Staff. Staff would further recommend that, as o condition of the Laud Division application, \ D8P0BT N0. : PD-105-88 PAGE 4 _______________________________________________________________________________ the lands supporting the restaurant and proposed parking lot will meld. Both of these conditions would satisfy the criteria of Section 16.6.5 of the Regional official Plan. In consideration of the 0000eruo of the Ministry of Transportation, the implementation of a Site Plan Agreement would appropriately address their comments re: access, prior to the approval of any by-low amendment. In consideration of the above, Staff would respectfully recommend that the application for rezoning be approved, and the subject by-law be forwarded to Council at such time as a Site PImu Agreement is executed. Respectfully submitted, Recommended for presentation to the Committee ---------T-7--3r---------- 7__r----- --------------- L.D. Taylor� Lawrence taeff Deputy Director of Planning Chief & i i trative officer CRV*LDT*jip � *Attach. April 25' 1988 DC: Fiore CancelIiere | c/o Kay Dyoett Box 87 Maio Street OD00O, Ontario LOB IM0 y�fJ SUBJECT SITE 35134 33 32 ,31 30 29 28 27 26 25 1 CONC. RD. 4 RC M i � a i Ia o l o , Al I o Q , o I 1 1 I o a A-� Y I ° w U) I - v j I a j o A 1 i C4 i E I tai. z C6 EP I Lt I o O i I O C4 i N d I i CONC. RD. 3 p M 1 w Q f I i C4 I I N 0 i I i I A_1 EP I 1 I 0 I � I 0 uj I A-1 I w I i �� 1 I I 0 A 4 Z � O Aa I IGHWAY 2 O I M A EP c.V HIGHWAY 401 SEE Z SCHEDULE 'S' 0 i (NEWCASTLE VILLAGE) V 0 zso 500 10001" KEY M AP s°°T Dev. 88- 17 "IV l �f 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 in order to permit the provision of additional parking for the existing restaurant establishment 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 Torn 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 Exception (A-1)" and "Special Purpose Commercial (C4)" to "Special Purpose Commercial Exception (C4-6)" zone 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 This is Schedule "X" to By-law 88--, passed this day of 31988 A.D. -- N,E,Angle Lot 29,Conc.3 1262 91.44 Y ZONING CHANGE FROM i "C4 " TO "C4-611 ' j c °- 13 LOT 2 9 I CONC. 3 v I I N Co I. N � ZONING CHANGE FROM 11 A.1.1 TO " C4-6 1 91.44 1 0 25 50 loom, Mayor 25m 15 5 G Clerk I 35 34,33,3g .11 30 29 28 27 26 25 CONC. RD. 4 M ° I � .t 1 1 JA Z 1 � 1 ° 1 ° �1 1A1 ° Ala I 11, w I m_ 1 I Z A-11 4 1 E I Q V EP' 2 c I o 0 o 1 V N ,CONC. RD. 3 Al w i ,' x I 1 1 I A-1 E h 4 1 i 1 \V 1 E �'A l I. W i I N A.I 3 a 1 w z ' �oI IG"WAY 2 7-1`1 1 I A EP A-1 Q HIGHWAY 401 SEE Z SCHEDULE 51 (NEWCASTLE VILLAGE) 0 0 250500 I000m Former Township of CLARKE Q'�°r�� ,�,