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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 NASH ROAD i A HiGHyyAy SUBJEC C( No SITE 2 ....- ..�.�; .i i ::... D �� G D W Z : o P LOCATION z 1:50 000 . Q Z 1 i I I o a 1 I o D w o NASHI I RD. 0 HWY, 2 = 1 w I z 3 35 34 ( 33 32 31 ,°G � I 1 G EXISTING LAND USE EXISTING ZONING-DARLINGTON ;� RESIDENTIAL R2— SECOND DENSITY RESIDENTIAL KEY MAP i R3 — THIRD DENSITY RESIDENTIAL OFFICES Cl — LOCAL COMMERCIAL 0 200 400ft, COMMERCIAL C2— HIGHWAY COMMERCIAL G — GREENBELT A — AGRICULTURAL 100 D — DEFERRED DEVELOPMENT