HomeMy WebLinkAboutPD-181-83 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 GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF DECEMBER 5, 1983
REPORT NO. : PD-181-83
SUBJECT: APPLICATION FOR REZONING - TURBO RESOURCES LTD.
PART LOT 14, CONCESSION 1
FORMER TOWN OF BOWMANVILLE
FILE NO. : DEV. 83-28
RECOMMENDATION:
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It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following:
1 . That Report PD-181-83 be received; and
2. That Application for Rezoning DEV 83-28 be
approved; and
3. That the attached By-law amending By-law 1587,
as amended, be forwarded to Council for
approval .
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REPORT NO. : PD-181-83 Page 2
BACKGROUND:
On October 19, 1983 Planning Staff received the subject
application for rezoning submitted by Mr. Brett Zufelt on
behalf of Turbo Resources Limited requesting an amendment to
Zoning By-law 1587, as amended, of the former Town of
Bowmanville. The requested By-law amendment would change
the zoning of a 0.4 hectare (1 .0 acre) parcel of land
fronting on the northwest corner of Baseline Road and
Waverley Road (Regional Road No. 57), Bowmanville, in order
to permit the applicant to sell cigarettes, confectionary
items, sundry foods and promotional items from the office of
the existing "Turbo" automobile gas bar being deemed an
accessory use to the gasbar facilities.
The subject lands are designated "Industrial " by both the
Region of Durham Official Plan and the Bowmanville Urban
Area Official Plan. Section 8.3.3.3 of the Regional
Official Plan states that existing and new automobile
service stations shall be zoned by Council of the respective
area municipality within a special zoning category subject
to certain provisions regarding the location of service
stations. In that regard, the Town of Newcastle Council
rezoned the subject lands in 1982 through By-law 82-160,
permitting the establishment of a new motor vehicle gasoline
bar. Therefore, the proposed amendment to further amend ,the
Bowmanville Zoning By-law to allow additional items to be
sold from this motor vehicle gasoline bar would not offend
the policies of the Official Plan.
The subject site is presently zoned subject to "Special
Condition 26" by Zoning By-law 1587, as amended, of the
former Town of Bowmanville. The existing motor vehicle
gasoline bar is a permitted use. The proposed Zoning By-law
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REPORT NO. : PD-181-83 Page 3
Amendment would amend the "Special Condition ?_Fi" zoning
classification in order to allow the sale of cigarettes,
confectionary items, sundry foods, and promotional items.
However, the By-law will restrict the applicants from
preparing such foods from the existing building on this
site.
In accordance with departmental procedures staff circulated
the subject application to various departments and agencies
for comment. The following is a list of the comments
received:
Durham Regional Planning Department
"We understand that the proposal is to permit retail sale of
cigarettes , confectionary and other items from the office of
an existing gas bar. The proposed accessory use conforms to
the Durham Regional Official Plan and the Bowmanville Urban
Area Official Plan."
Region of Durham Health Unit
"No objection."
Newcastle Public Works Department
"No objection."
Newcastle Fire Department
"No objection."
Newcastle Building Department
"If the sundry food requires on site prepartion prior to
consumption , the occupancy could become a restaurant.
Should this occur, compliance with the building and fire
codes will be necessary."
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REPORT NO. : PO-181-83 Page 4
COMMENTS:
Staff have reviewed the request submitted by Turbo Resources
Limited and note that there were no major objections
received through the circulation of this application.
Furthermore, the proposal would not appear to offend the
intent of the Official Plan. Staff therefore, would have no
objection to the approval of the subject application for
rezoning in order to allow the sale of additional items from
the existing motor vehicle gasoline bar.
As noted within the circulation comments, staff would concur
to the restricting of any food preparation on site, as this
would constitute a change in occupancy, and thereby
requiring additional consideration be given to fire and
building regulations.
Therefore, in consideration of the above comments, it would
be appropriate to forward the attached By-law amendment to
Council for their consideration and subsequent
recommendation.
Respectfu s ed,
T.T. Edwards, M.C. I.P.
Director of Planning
EP*TTE*jip
November 16, 1983
Applicant : Turbo Resources Limited
725 Bloor Street West
OSHAWA, Ontario
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NOT TO SALE I I I
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER R3- 166
being a By-law to amend By-law Number 1587, as amended, of the former
Town of Bovmianville, now in the Town of Newcastle.
WHEREAS the Council of the Corporation of the Town of Newcastle deeris
it advisable to amend By-law Number 1587, as amended, of the former
Town of Bowmanvi l l e, now in the Town of Newcastle.
NOW THEREFORE, the Council of the Corporation of the Town of
Newcastle enacts as follows :
1 . Special Condition 26 of By-law 1587, as amended, is hereby
further amended by adding to Subsection 1 .3 entitled "Permitted
Uses" the following :
"(ii ) the sale of cigarettes , confectionary items, sundry
foods, and promotional items; but not to include
facilities for the preparation of foods."
2. 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 12th day of December 1983
BY-LAW read a second time this 12th day of December 1983
BY LAW read a third time and finally passed this 12th day of
December 1983
MAYOR
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CLERK