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HomeMy WebLinkAboutP-153-80 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 SEPTEMBER 29, 1980. REPORT NO. : P-153-80 SUBJECT: Application for Rezoning Number Z-A-3-3-5 Part of Lot 29, Concession 3, former Township of Clarke - 394256 Ontario Limited - Mr. H. Zosik BACKGROUND: The subject application requests an amendment to the Clarke Zoning By-law to rezone a .83 hectare (2.06 acre) parcel of land fronting on the Provincial Highway 35/115 in the former Clarke Township. The applicant intends to rezone a portion of this site in order to provide for additional parking for the existing restaurant on this site, known as the "Forum Restaurant". The site is designated "Permanent Agricultural Reserve" in the Region of Durham Official Plan. Section 16.6.5 of the Plan would permit Council to zone to permit the continuation, expansion, or enlarge- ment of existing uses, provided that such existing uses have no adverse effect on the present uses of the surrounding lands. In this regard, the proposal would appear to conform with the policies of the Regional Plan. The site is presently zoned "Agriculture" in the Clarke Zoning By-law. The proposed By-law would apply a "special provision" to PIP 2 - this site in order to permit the proposed parking area. In addition, staff note that the remaining portion of this site, in which the restaurant is located, is zoned "Highway Commercial" in the Zoning By-law, therefore, in conformity with the Zoning By-law. The application was circulated to the Durham Planning and Works Department, Durham Health Unit, Ministry of Transportation and Communications, Newcastle Fire Department, Newcastle Public Works Depart- ment and the Long Range Planner of the Town of Newcastle, for comment. The Durham Planning Department submitted the following comments: "The subject lands are designated "Permanent Agricultural Reserve" in the Durham Regional Official Plan. Commercial uses are not permitted. In addition, Section 8.3.2.2 specifi- cally states that Special. Purpose Commercial areas shall not be permitted to create or extend an existing strip of commercial development. Furthermore, Highway 35/115 is designated Type A arterial road in the Durham Plan. According to the site plan submitted, the new additional entrance would not be permitted as the Plan stipulates no more than 2 access points per mile unless the Minister of Transportation and Communications determines other- wise." The Durham Works Department stated the following: i "Be advised that municipal services are not available to the subject land. Furthermore, due to the fact that the proposal would permit only the extension of parking facilities for the existing restaurant, servicing would not appear to be a factor in reviewing this application. In addition, due to the commercial nature of this proposal, there are no financial planning implications with respect to our current development policies." The Ministry of Transportation and Communications stated the following: "We note there is an existing commercial access to this property and advise the most southerly entrance shown as "proposed" is not recommended for approval. This Ministry will not issue an entrance permit for access to the parking lot and we recommend deletion from the plan." 3 - The Long Range Planner of the Town of Newcastle stated the following: "Section 16.6.5 of the Durham Official Plan would permit Council to zone to permit the continuation, expansion or enlargement of existing uses which do not conform to the Official Plan designation. Section 8.3.3.2 of the Regional Official Plan permits an existing commercial strip to consolidate into a node subject to good urban design, common internal circulation, common ingress and egress. In that regard, there would be no objection to the proposal, but would suggest designating the site by by-law as a Special Purpose Commercial node and attempt to consolidate access points of this and the adjacent use to the north in order to minimize turning movements from and to the highway." The following Departments had no objection to the proposed rezoning: The Durham Health Unit The Ministry of Agriculture and Food The Newcastle Fire Department The Newcastle Public Works Department. COMMENT: Staff have reviewed the application submitted by 394256 Ontario Limited and note that the application allows for the provision of additional parking for an existing zoned Highway Commercial use. The application will allow for additional parking spaces to serve the existing use and does not appear to adversely affect adjacent uses. Staff, therefore, have no objection to this application. Staff note that the Regional Planning Department and the Ministry of Transportation and Communication are concerned about the location of the proposed southerly entrance to the parking lot. The Ministry notes that an entrance permit will not be available for the subject access point. The Region notes that the additional entrance - 4 - would not be permitted under the Regional Official Plan as access points are limited to two per mile on Type 'A' arterials. It is recommended, therefore, that the applicant be requested to revise the submitted plans in accordance with the above-noted comments. Staff note that the applicant will be required to enter into a Site Plan Agreement with the Town under By-law 79-151. RECOMMENDATION: It is recommended that the Planning and Development Com- mittee request the applicant to submit revised plans. Respectfully submitted, 1�i - EP:lb D. N. Smith, M.C.I.P. September 11, 1980 Director of Planning. I LOT ,\�� LOT KEY MAP 29 28 SHOWING LOCATION OF FOURTt1 LINE THE' FORUM RESTAURANT. ON HWY. 35 B 115 � �l(IMBEf? J I A r I i CONC. 3 HC SERVICE STATI FORU CLARKS G.N NI ' 00 fiC - FTAURA SUBJECT I LANDS - In Ct HC EXISTING LAND to SE V STATIO RESIDENTIA1_.. HC i ,�\�� COMMERCIAL- �� INSTITUTION THIRD LINE INDUSTRIAL UTILITIES .-A A STORAGE OPEN SPACE, LOT S LOT KEY MAP - 29 28 SHOWING LOCATION OF FOUR-11-11 LINE THE, FORUM RESTAURANT. ON HWY. 35 Ss 115 pri'll A CONC. 3 1 '71 71171-1111­1 SERVICE STATI F4FORU TAURA SUBJECT LANDS EXISTING LAND USE Lo SE Fy IfF tf-,Ss 10 RESIDENTIA COMMERCIAI,- 1-1 C TI ON T INISTI U T 1-1 R D I LINE ff 12 ME INDUSTRIAL, 7 7 77,": UTILITIES S -OR ACS E OPEN SPACE