HomeMy WebLinkAboutP-39-80 CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P„Director
HAMPTON,ONTARIO LOB 1JO TEL. (416)263-2231
REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF MARCH 3, 1980
REPORT NO: P-39-80
SUBJECT: Application for Rezoning Number Z-A-1-6-5
Part of Lot 34, Concession 2, former
Township of Darlington - Texaco Canada Inc.
(Key Map)
BACKGROUND:
The subject application requests an amendment to the Restricted
Area (Zoning) By-law of the former Township of Darlington to rezone a
2156.5 square metre (23,214 sq. ft.) parcel of land located on the
south-east corner of Highway No. 2 and Darlington Boulevard. The subject
property is being used as a self-serve gas bar and the existing service
bays have been renovated to accommodate a retail commercial use known
as the "Pop Shoppe". However, this site is presently zoned "C2 Highway
Commercial" in the Darlington Zoning By-law, and retail commercial uses
are not permitted under this zoning category. As a result, the
applicant has submitted a rezoning application in order to seek approval
of the "retail commercial use".
The application was circulated to the Durham Planning and Works
Department, Ministry of Transportation and Communication, Newcastle Public
Works Department, Newcastle Fire Department and the Long Range Planner
for the Town of Newcastle.
The Durham Planning and Works Department submitted the following:-
"The additional commercial use to the existing gas station may also be
considered to be an expansion to an existing use. In this regard
Section 16.6.5 of the Durham Plan allows local Councils, at their
discretion, to zone to permit the expansion of existing uses provided
that such existing use has no adverse effect on the present uses of the
surrounding lands or the implementation of the provisions of the Durham
Regional Official Plan.
2/
2 - Report No. P-37-80
The Long Range Planner for the Town of Newcastle stated Lhe following:
"The Courtice Urban Area Plan designates the site as existing zoned;
commercial within a Commercial node restricted to special purpose
commercial uses. Section 16.6.5 of the Durham Official Plan permits
the continuation expansion or enlargement of existing uses through
local zoning, however, the Region's comments on whether or not the
proposed new use, in conjunction with the existing use, could be
considered an expansion will be the determining factor.
Since the Courtice Urban Area Plan has been approved by Town Council
then the Pop Shoppe would meet the Regional criteria for special
purpose commercial uses which serve specialized needs on an occassional
basis. Otherwise, the Region's comments and interpretation should
prevail."
The following agencies had no objection to the proposed rezoning:
(a) The Ministry of Transportation & Communications.
(b) The Newcastle Fire Department.
(c) The Newcastle Public Works Department.
COMMENTS:
Staff note that the subject site is designated as "Special
Purpose Commercial" under the Council approved Courtice Urban Area
Plan. Under the provisions of that document "existing zoned
commercial uses" such as this site, are to be zoned as part of a
commercial "node or cluster". The policies of the Urban Area Plan
are designed to encourage the development or redevelopment of existing
uses into larger commercial blocks. The Urban Area Plan indicates
that the Town will be considering rezoning all or part of the
designated "Special Purpose Commercial Area". Staff note that this
Town initiated rezoning is scheduled for the fall of 1980 under the
Departments 1980 Work Program. Staff feel that it would be appropriate
for the Town to recognize the existing commercial uses on the site in
the interim through a rezoning by-law prepared under Section 16.6.5
of the Durham Regional Official Plan which as noted, may be interpreted
to allow the "retail use". Staff note that a further rezoning of the
property may be recommended through the preparation of the Town initiated
rezoning by-law as specified under the provisions of the Urban Area
Plan.
Under Section 16.6.5 of the Durham Regional Official Plan the
Town must ensure that the expansion of existing uses will have no adverse
effect on surrounding lands. To this end staff feel that the
applicant should be requested to enter into a Site Plan Agreement with
the municipality which may address fencing, landscaping and access,
that may be of concern to neighbouring residents. Staff have no
objection to recognizing the commercial uses on the site, but feel
that it would be appropriate for the Town to enter into a Site Plan
Agreement with the Owners.
. . . . . 3/
3 - Report No. P-37-80
Staff recommend therefore that the site be rezoned to
permit an automobile service station and retail store limited to
the sale of soft drinks, and that the owner be requested to enter
into a site plan agreement with the Town to be executed in
conjunction with the rezoning.
RECOMMENDATIONS:
THAT the Planning and Development Committee recommend to
Council that the following resolution be adopted:-
"IMEREAS the Council of the Town of Newcastle is concerned about
the effect of the commercial uses on Part of Lot 34, Concession 2,
Township of Darlington (Texaco Canada Site) on surrounding lands;
AND WHEREAS the Council of the Town of Newcastle is not opposed to
recognizing the commercial uses on the site;
Council hereby requests the owner to enter into a Site Plan Agreement
with the Town to be considered in conjunction with a rezoning by-law
recognizing the commercial uses on the subject property.
Respectfully Submitted
rb� -
D.N. Smith, M.C.I.P.
Director of Planning
DNS:lf
February 21, 1980
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