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Home My WebLink AboutPD-179-82 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1,10 TEL.(416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF OCTOBER 25, 1982 REPORT NO. : PD-179-82 SUBJECT: REZONING APPLICATION BY E. TSICHLAS AND S. PSORAS - PART OF TOWN LOT 8, BLOCK 2, BOWMANVILLE - OUR FILE: Z-A-2-8-5 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-179-82 be received; and * 2. That the By-law attached to this Report be forwarded to Council for approval at such time as the applicants have entered into a Site Plan Agreement. BACKGROUND: On September 1st, 1982, the Planning Department received from Mr. E. Tsichlas and Mr. S. Psoras of Bowmanville, an application for rezoning. 1V-20 Report No: PD-179-82 .. ./2 The applicants wish to modify an existing residential structure to accomodate a restaurant and pizzeria with both dining-in and take-out facilities. The subject lands are designated "Main Central Area" by the Durham Region Official Plan and are shown as a predominantly commercial area in the Official Plan of the Bowmanville Urban Area. In accordance with our standard Departmental procedures , the application was circulated to a number of agencies for comments. The following is a summary of the comments received. Region of Durham Planning Department "Further to your request for comments, we note the site is designated "Main Central Area" in the Durham Regional Official Plan, and the Official Plan of the Bowmanville Area (adopted by Regional Council on July 7th, 1982). The proposed restaurant conforms. The proposal also conforms to the Official Plan of the Former Bowmanville Planning Area. Full municipal services are available to the site, and we assume that the proposed restaurant will use the existing service connections. However, if new connections are required, we would request that the owner be notified to file an application with our Works Department." Newcastle Building Department "Without a floor plan, it cannot be determined whether parking requirements of the present Zoning By-law will be met. It seems unlikely that sufficient parking will be provided for future expansion. " Newcastle Works Department "In response to your recent submission I wish to advise that we do not object to the rezoning in question. On approval of the rezoning, and prior to any construction, we must approve a site plan dealing with such matters as access, configuration and standards, drainage, etc." Report No: PD-179-82 .. ./3 Newcastle Fire Department "The Fire Department has no objection to the proposed application. Water supply for fire protection and fire emergency response time are acceptable to the Fire Department Station 1 , Bowmanville. Alterations and renovations in conformance with Ontario Statutes and Regulations respecting fire safety." COMMENTS: As outlined above, the proposed rezoning is generally in conformity with Official Plan designations and policies and there do not appear to be any servicing or major limitations related to the development of this site. In accordance with By-law 79-151 , the owners are required to enter into a Site Plan Agreement with the Town to deal with site development concerns. Said agreement will address such matters as site grading and drainage, storm sewer connections and site access, among other things. We would note at this time, for the information of the applicant, that the submitted proposal may require revisions in respect of access and storm sewer connections. However, these matters shall be further reviewed during the site plan approval process. Staff are therefore recommending that the draft By-law attached to this Report be forwarded to Council for approval at such time as the applicants have entered into a Site Plan Agreement. Res pectf y ed, T. T. Edwards, M.C.I.P. Director of Planning FA*TTE*mjc October 13, 1982 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 82- being a By-law to amend Restricted Area By-law Number 1587, as amended, of the former Town of Bowmanville, 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 1587, as amended, of the former Town of Bowmanville. NOW THEREFORE, the Council of the Town of Newcastle enacts as follows: 1 . Schedule "A" to By-law 1587, as amended, is hereby further amended by adding the designation "SPECIAL CONDITION 27" to the zoning designation of the lands indicated as "ZONE CHANGE TO SPECIAL CONDITION 27" on the attached Schedule 'X' hereto, and by adding to the lands so indicated cross-hatching and the figure 27 encircled. 2. Schedule "B" to By-law 1587, as amended, is hereby further amended by adding hereto the following SPECIAL CONDITION 27: SPECIAL CONDITION 27 The lands as shown on Schedule "A" cross-hatched and marked "SPECIAL CONDITION 27" shall be subject to the special regulations hereinafter contained and where there is any conflict between the regulations hereinafter set out and any provision of By-law 1587, then the provisions of this SPECIAL CONDITON shall apply, but in all other respects the provisions of By-law 1587, as amended, shall apply. 1 .1 DEFINED AREA The area subject to this SPECIAL CONDITION is shown cross-hatched with the figure 27 encircled on the attached Schedule "A" hereto. 1 .2 DEFINITIONS 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 parlour, tea or lunch room, dairy bar, coffee shop, snack bar or refreshment room or stand; but does not include a boarding or lodging home. 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. 2 - 1 .3 PERMITTED USES No person shall use any of the lands or erect, alter or use any building or structure on such land for any purpose except for one or more of the following uses : (i ) Eating Establishment (ii ) Eating Establishment, Take Out 1 .4 ZONE PROVISIONS (i ) Minimum Lot Area 900 square metres (ii ) Minimum Lot Frontage 15.0 metres (iii ) Minimum Front Yard 2.0 metres (iv) Minimum Side Yard 4.5 metres (v) Minimum Rear Yard 30.0 metres (vi ) Maximum Building Height 10.5 metres (vii ) Maximum Lot Coverage 20 Per Cent 3. This By-law shall come into effect on the date hereof, subject to the provisions of Section 39(11 ) of the Planning Act. BY-LAW read a first time this day of 1982 BY-LAW read a second time this day of 1982 BY-LAW read a third time and finally passed this day of 1982 MAYOR CLERK µ'\_ THIS 1S SCHEDULE 'X' TO BY-LAW 82--, PASSED THIS_DAY OF _ A.D. 1982. N74042'30"E 19.92m j E 0) E M It ol LLI W o W o L L_ O oll O CV L0 z N � O tC) Z Z N74033'30"E 20.12m N74033'30° 40.23m HIGHWAY No 2 — KING STREET EAST SEAL ) ZONE CHANGE TO SPECIAL CONDITION No 27 G.B. Rickard, Mayor 0 25 50 100 150 250m D.W. Oakes,Clerk 50 KEY MAP BOWMANVILLE 1 :25 000 — —I— — ❑ J( oC�DaW I 1 I F 0_1 m I 1 I D. 00000� BOWMA�VILL E I 1 Oa SUBJECT SITE ❑ HWY. N_ 2 o 0 0❑0� � I ❑ 1 0�0a�==� , I y 5 i