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Home My WebLink AboutP-4-81 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH, M.C.I.P., Director HAMPTON. ONTARIO LOB 1 JO TEL.(416)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF JANUARY 5, 1981. REPORT NO. : P-4-81 SUBJECT: Application for Rezoning Number Z-A-1-13-4 Part of Lot 30, Concession 4, former Township of Darlington - Sylvia and Robert Laycoe BACKGROUND: The subject application requests an amendment to the Darlington Zoning By-law to rezone a .36 hectare (.88 acres) parcel of land fronting on Taunton Road (Regional Road #4) and Regional Road 434, in the Hamlet of Mitchell's Corners. The applicant intends to rezone the subject lands in order to permit an automobile service station, retail store, one attached dwelling unit, restaurant and snack bar. The site is designated "Hamlet" in the Region of Durham Official Plan. Amendment No. 41 to the Region of Durham Official Plan would permit limited commercial uses within Hamlets. Therefore, the proposal would conform to the policies of the Region of Durham Official Plan. The site is presently zoned 'R2' Residential with Special Provision By-law 2300 in effect. Special Provision By-law 2300 permitted - 2 - the use of the property as an automobile service station and retail store with one attached dwelling unit. The proposed By-law would delete By-law 2300 from this site and it would be replaced by a revised Special Provision By-law with the inclusion of the proposed restaurant and snack bar. The application was circulated to the following agencies for comment: The Durham Planning and Works Department "Please be advised that the subject site is located within Mitchell's Corners, a designated Hamlet in the Durham Regional Official Plan. Regional Council on October 1, 1980, adopted Amendment No. 41 to the Durham Plan which would, among other things, allow limited commercial uses within Hamlets. The proposal conforms to the Durham Plan as amended. The subject site is designated "Suburban Residential" in the Darlington Official Plan. Neighbourhood commercial uses are permitted within this land use designation but the proposed restaurant is not construed to be a neighbourhood commercial use. However, Section 16.3.2 of the Durham Plan stipulates that in the event of a conflict between the provisions of an existing official plan and the Durham Plan, the policies of the latter shall prevail. With respect to Regional services, please be advised that municipal water and sanitary sewer services are not available to the subject land and the Region has no plans to introduce services into the Hamlet of Mitchell's Corners. The Durham Regional Health Unit has indicated that it has no objection to the proposal. The proposed restaurant, in conjunction with the existing dwelling and service station would not appear to have any significant effect on the abutting Regional Road No. 4. In view of the commercial nature of the proposal, there are no financial planning implications with respect to the Region's current development policies." On December 11, 1980 the Region submitted the following revised comments: "Further to our comments dated October 8, 1980 on the above application, we wish to request that the following Regional requirement be specified as a condition of approval in the event that your Council is favourably disposed to the subject application. iv - - 3 - That a 10' wide road widening on the frontage of the subject land abutting Regional Road #4 (marked in red on the attached plan) be conveyed free and clear of all encumbrances to the Regional Municipality of Durham." The Durham Health Unit "The Durham Regional Health Unit offers no objection to the above mentioned application." The Newcastle Fire Department "The Fire Department has no objection to the application for rezoning. Comments: 1. The existing building has been inspected for fire safety requirements. 2. Requirements have been noted with the owner for the necessary fire safety installations in regards to Commercial Cooking appliances and restaurant area." The Newcastle Public Works Department "No Comment." The Long Range Planner for the Town of Newcastle "The subject lands are located within the hamlet of Mitchell's Corners as designated by the Durham Regional Official Plan. At the present time, the Regional Plan restricts commercial development within hamlets to "limited convenience commercial" uses. However, an amendment is presently being processed by the Region to delete the word "convenience" thus permitting limited commercial development. In addition, Section 16.6.5 of the Regional Plan permits the Town to zone for the continuation and expansion of existing uses provided such uses have no adverse affects upon the pre- sent uses of surrounding lands. The proposal, therefore, appears to conform to the intent of the Durham Regional Official Plan. Note that the draft hamlet development plan for Mitchell's Corners, which has yet to go to Council, recognizes the commercial use of the property. Based on the foregoing, I have no objection to the proposed rezoning." - 4 - COMMENTS: Staff have reviewed the proposed rezoning and have no objection to the addition of a restaurant and snack bar to the present uses for an automobile service station, retail store, and dwelling unit. Staff note that this property has been used for commercial purposes for several years and has had no adverse effect on the abutting properties. In addition, information obtained from residents within the Hamlet of Mitchell's Corners indicated that they would like to have additional commercial facilities within this area. Therefore, there would appear to be no foreseeable problems if the subject rezoning were to be approved, provided that the requested 3.048 metre road widening abutting Taunton Road is dedicated to the Region. RECOMMENDATION: It is respectfully recommended: 1. That this Report be received for information; 2. That Application for Rezoning Number Z-A-1-13-4 be approved; and 3. That the attached By-law be forwarded to Council for approval at such time as the Town has been notified by the Region of Durham Works Department that their reques 6 road widening has beer received. Respectfully submitted, 1r Pt EP:lb D. N. Smith, M.C.I.P. December 15, 1980 Director of Planning THE CORPORATION OF THE TOWN OF NEWCASTLE By-law Number 81- A By-law to amend Restricted Area By-law Number 2111, as amended, of the former Township of Darlington. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend Restricted Area By-law Number 2111, as amended, of the former Township of Darlington. NOW THEREFORE the Council of the Corporation of the Town of Newcastle ENACTS as follows: 1. Section 13 of By-law 2111, as amended, is hereby further amended by deleting subsection (e) . 2. Section 13 of By-law Number 2111, as amended, is hereby further amended by adding thereto the following subsection (z) : "(z) Part of Lot 30, Concession 4 Notwithstanding any provisions of this By-law to the con- trary, that portion of Lot 30 designated "Special Provision By-law 81- " on the attached Schedule "A" hereto shall be used only in accordance with the following provisions: (1) Permitted Uses (a) one dwelling unit, an automobile service station, a retail store, and a restaurant with take out facilities. (2) Zone Provisions (a) Lot Area (minimum) .36 hectares (b) Lot Frontage (minimum) 41.0 metres (c) Front Yard (minimum) 19.5 metres - 2 - (d) Interior Side Yard (minimum) 11.5 metres (e) Exterior Side Yard (minimum) 10.0 metres (f) Rear Yard (minimum) 381.0 metres (g) Parking Spaces (minimum) 12 3. Schedule "A" to By-law Number 2111, as amended, is hereby further amended by changing to SPECIAL PROVISION BY-LAW 81- the zone designation of the lands indicating as "ZONE CHANGE TO SPECIAL PROVISION BY-LAW 81- " on the attached Schedule "X" hereto. 4. This By-law shall become effective on the date hereof, subject to the provisions of Section 35(10) of the Planning Act. BY-LAW READ a first time this day of , A.D. 1981. BY-LAW READ a second time this day of , A.D. 1981. BY-LAW READ a third time and finally passed this day of A.D. 1981. Mayor (seal) Clerk THIS I S _ C H E D U L E 'X' TO BY-4W S( .-_____ PASSED THIS ____.-. DAY OF ,A. D. 1981 ROAD ALLOWANCE BETWEEN CONCESSIONS 4 and 5 (Taunton Rd.) �6.0m Z3.7,, �.,T,�„T 41,3 m I 1 E O I M i m0 I • M z• t7 i c 1 v O I— O W E LU v r� ti F- LIJ E M W U N tt :o ti O Z O N 710 17'E' TYLER S T. 48.4 m c;v ZONE CHANGE TO SPECIAL PROVISION BY-LAW al- SCALE 1:50m 10 1 20 30m G,B,Rlckar ,,Mayor << (SEAL) --•-. -- ----------- J.M,Mcllroy,Clerk I I � I LOT I I i 35 34 33 -3 31 30 29, 28 27 1 26 1 I �I I i • • I i I I 1 I I II I I I I i I I I I I I I I ii I I I I i I I I I I t I • i I I I I I I i I I I I Il I I I t I I I I I SUBJEC4 LANDS I ( I I R0A0 1AAM i i! itAITCMLL TYLER ST. t t I CORNIN BRADLEY ( I I I FIRN S I I o w I Z I o I d I I I I ON/ t w t O i I t i I i m I N I I I t a I t r t I l I I I i � I I :nccK I I t i I I I I I I I I i I t I i i I I i I i I 1 t I I I SCALE 1:25000 KEY MAP for BY- LAW 81 -- . 0.