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.
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88P0IT 00. : PD-I05-88 P&Q8 3
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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 |
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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. |
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Regional Health Services Department offered no objection to the proposal.
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REPORT NO. : PD-I05-88 PAGE 3 -
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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,
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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
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L.D. Taylor� Lawrence taeff
Deputy Director of Planning Chief & i i trative officer
CRV*LDT*jip �
*Attach.
April 25' 1988
DC: Fiore CancelIiere
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c/o Kay Dyoett
Box 87
Maio Street
OD00O, Ontario
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SUBJECT SITE
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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.
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Lot 29,Conc.3
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Former Township of CLARKE Q'�°r�� ,�,