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HomeMy WebLinkAboutPSD-075-10Clarington Leadiagthe Way REPORT PLANNING SERVICES. PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 21, 2010 Resolution #: ~PH'3(~ f-!O By-law #: 0~0/0-075 Report #: PSD-075-10 File #: ZBA 2010-0010 Subject: PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT AFARM-RELATED COMMERCIAL USE - 2165 HIGHWAY 2, MAPLE GROVE APPLICANT: JIM HAMILTON -WELCOME FEEDS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-075-10 be received; 2. THAT the rezoning application submitted by Jim Hamilton continue to be processed including the preparation of a further recommendation report; and 3. THAT all interested parties listed in Report PSD-075-10 and any delegations be advised of Council's decision. Submitted by: ~ Reviewed by: a Langma~ FSCLA, MCIP lin Wu A ing Director, Planning Services ,ksr Chief Administrative Officer MM/COS/df _" UU June 16, 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT NO.: PSD-075-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: D.G. Biddle & Associates Limited 1.2 Owner: Jim Hamilton 1.3 Proposal: To permit a feed store use in addition to the residential use already permitted on the site. 1.4 Area: 0.32 hectares 1.5 Location: 2165 Highway 2, Maple Grove 2.0 BACKGROUND 2.1 On April 16, 2010, D.G. Biddle & Associates Limited on behalf of Jim Hamilton submitted an application for rezoning of the lands known as 2165 Highway 2 in Maple Grove. The purpose of the application is to permit afarm-related commercial use (retail feed store and warehouse) in addition to all uses already permitted on the site. The Applicant has submitted a Planning Justification Report and Phase I and II Environmental Site Assessment Reports in support of the application. These are reviewed in Section 7 of this report. 2.2 Historically the subject property was used as a service station and residence. The service station use is believed to have ceased prior to the early 1990's and it is not known when that use began. According to assessment records, the site was originally developed in the 1920's for residential purposes. The property was zoned Agricultural in the Darlington Zoning By-law and became zoned Residential Hamlet and Agricultural in Zoning By-law 84-63. Currently the property is being used exclusively as a hamlet residential property. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The property is 0.32 Hectares in size and contains a single detached dwelling, an old shed (proposed to be removed) and a former service station building (Photograph 1). There is a dug well and a drilled well on site. The dug well will be decommissioned and the drilled well will provide water to both the business and the dwelling on the subject property. 3.2 The surrounding uses are as follows North -Residential South -Residential and Agricultural East -Residential West -Residential REPORT NO.: PSD-075-10 Nnotograph 7: Former service station building to be renovated and expanded (August 78, 2009) 4.0 PROVINCIAL POLICY PAGE 3 4.1 Provincial Policy Statement (PPS) The 2005 PPS states that land must be carefully managed to accommodate appropriate development to meet the full range of current and future needs, while achieving efficient development patterns. It also requires that these development patterns optimize the use of land, resources and public investment in infrastructure by occurring adjacent to the existing built-up area and providing for a mix of uses. The use of existing infrastructure should be optimized, wherever feasible, before consideration is given to developing new infrastructure and public service facilities. This proposal will not require the extension or upgrade of Municipal services or roadways and is therefore consistent with the PPS. 4.2 Provincial Growth Plan The subject property is located within a rural settlement area. Rural settlement areas are key to the vitality and economic well-being of rural communities. Rural settlement areas should serve the needs of the rural residents. The proposed feed store will support the residents of the local hamlet as well as the needs of the broader agricultural and non-agricultural community in the surrounding area. This application conforms with the Provincial Growth Plan. 5.0 OFFICIAL PLANS 5.1 Durham Regional Official Plan The lands subject to this application are designated "Hamlet" in the Durham Regional Official Plan. Hamlets shall be developed in harmony with surrounding uses and may consist of single detached dwellings, community facilities, employment uses and REPORT NO.: PSD-075-10 PAGE 4 commercial uses that meet the needs of the residents of the hamlet and surrounding rural area. Development within hamlets shall preserve the cultural attributes and heritage of the community. This application conforms to the policies of the Durham Region Official Plan by retaining the single detached dwelling and permitting a new commercial use which will serve the needs of the residents of the hamlet and surrounding rural area. 5.2 Clarinoton Official Plan The Clarington Official Plan designates the subject property "Hamlet Residential". The predominant use of lands shall be single detached residential dwellings. Other uses such as farm-related commercial uses are also permitted provided such uses are compatible with surrounding uses and do not detract from the character of the hamlet. Development within the hamlet shall complement and enhance the historic character of the hamlet and provide buildings designed to complement the architecture of the existing buildings. Chapter three of the Clarington Official Plan speaks to the principles of healthy communities and growth management. A competitive, adaptable economic environment will be promoted to encourage investment and diversity of employment opportunities. Hamlet growth will take place in the context of clear boundaries to prevent urban sprawl. The application conforms to the Clarington Official Plan Policies. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands Hamlet Residential (RH) and Agricultural (A). The zoning permits single detached dwellings, home occupations and places of worship. Since this lot is proposed to be used for a feed store, in addition to the existing residential use, a Zoning By-law amendment is required. The Zoning By-law amendment is intended to permit afarm-related commercial use in addition to all uses already permitted on the site. 7.0 SUMMARY OF BACKGROUND STUDIES 7.1 A Planning Justification Report was submitted by D.G. Biddle and Associates Limited in support of this application. This report provided an overview of the property and the surrounding area together with a review of relevant local, Regional and Provincial Planning documents. The Applicant's consultant suggests that the proposed rezoning application is consistent with current planning policy and represents good planning. 7.2 As noted earlier in this report, in addition to a Planning Justification Report, the Applicant also submitted a Phase 1 and Phase 2 Site Assessment Report in support of this application. The reports were submitted to address the historical use of the property as a service station. These reports concluded that this property has a low level of concern from an environmental perspective. REPORT NO.: PSD-075-10 onr_c e 8.0 PUBLIC NOTICE AND SUBMISSIONS 8.1 Public notice was given by mail to each landowner within 120 metres of the subject properties and a public meeting notice was installed on the site. As of the writing of this report, we have not received any objections. Three nearby residents/property owners have verbally expressed interest in this application. Concerns over well and septic issues, traffic and lighting were expressed. 9.0 AGENCY COMMENTS 9.1 The Municipality of Clarington Emergency Services Department and the Central Lake Ontario Conservation Authority offered no objections to the application. 9.2 The Clarington Engineering Services Department state that they have no objection, in principle, to the proposed zoning change. They reserve the right to comment further at the Site Plan approval stage. 9.3 The Durham Region Health Department offered no objection to the rezoning application but did state that the existing dug well on the property must be properly decommissioned. 9.4 The Durham Region Works Department offered no objection to the rezoning application. A road widening of approximately 5 metres is to be dedicated to the Region. Access to the site is to have a throat width of 8.0 metres. 9.5 The Durham Region Planning Department commented that the proposed amendment may be permitted within the Hamlet designation. A Record of Site Condition (RSC) for the Phase I and Phase II Environmental Site Assessment (ESA) must be submitted to the Ontario Ministry of the Environment (MOE). An "Acknowledgement letter" from the MOE, which acknowledges the RSC and indicates the site has not been selected for audit, shall then be provided to the Region and will become a condition of site plan approval. 10.0 STAFF COMMENTS 10.1 Maple Grove is a busy, high traffic hamlet. The subject property is located on Highway 2 and residents in the area experience a high volume of traffic passing by. While Maple Grove is located adjacent to Bowmanville, it is largely surrounded by rural land including farms and rural residences. The farms in this area are diverse including dairy, beef, sheep, egg and poultry among other non-livestock farms. 10.2 The applicant is proposing to construct a new feed store including warehouse space: The proposed use of this property will not significantly change the volume of traffic on this portion of Highway 2. Welcome Feeds is a retail and wholesale business operated during normal business hours and will benefit from the access and exposure that Highway 2 offers. The applicant advises that currently, about 60% of their business is REPORT NO.: PSD-075-10 PAGE 6 directly related to serving the agricultural industry. Loud equipment, dust and odours are not expected from the proposed use. This business, with appropriate mitigating measures, will complement the hamlet. Landscaping will be appropriate for the business and hamlet, lighting will be minimal, the driveway and required parking area will be fully accommodated and all business activity (loading and customer doors) will be focused towards the centre of the lot, away from adjacent properties. 10.3 The single detached dwelling is to remain on the property and continue to be used for residential purposes. The feed store will be partially comprised of the existing former service station building located near the front of the property. Continuing the use of the residence and reusing the existing former service station building is preferable from both an environmental and streetscape maintenance perspective. The applicant wishes to begin construction during the fall of this year, pending approval. 10.4 This application conforms to the Clarington Official Plan and is consistent with the Provincial Policy Statement. The Durham Region Planning Department confirmed that the application conforms with the Durham Region Official Plan. 10.5 Staff will continue to work with the applicant through the site plan approval process to address any issues or concerns that may arise regarding the development of the site for the feed store 11.0 CONCLUSION 11.1 The purpose of this report is to satisfy the requirements of the Public Meeting under the Planning Act. It is respectfully recommended that this report be referred back to Staff for further processing and the preparation of a subsequent report. Mitch Morawetz Attachments: Attachment 1 -Key Map Attachment 2 -Zoning By-law Amendment List of interested parties to be advised of Council's decision: D.G. Biddle & Associates Jim Hamilton Allen Thompson Attachment 1 To Report PSD-075-10 Attachment 2 To Report PSD-075-10 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the farmer Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2010-0010; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: r%' Section 18.4. "Special Exceptions - Hamlet C f'mer" C3 ZONE" is hereb eta#;( ) y amended by adding thereto, the fallowing ngtSt,Special E~t~Qption zone 18.4.9 as follows: f!° f °18.4.9 Hamlet Commercial Exception f~9) Z q~ _/ i/ Notwithstanding the provisions f 18.1 and' c. iii), those lands zoned "C3-9" on the Schedules to this B V "Vi'i' '~~~ y ,y be orr~used in accordance with the following: ~; ~/i~,` .~~, a. Definitions i) Farm-relat,~~(commial estatsJ~hment: Shall mean afarm-related commercia#e thaY!~5~r#k4~aJ~~~s'iSale, required in close proximity to a farm and al4r~gtly re1athe business of farming and shall include. a feed store. b. P r~i##ted Uses;;; '%ju ~s~n,.. i) A7~sm-related~c~mmercial establishment; ii) A sf~~ deta~ed dwelling; ~/~ ~~/ c. Regulations'~prnon-residential uses i) Interior Side Yard (minimum) 3 metres ii) Total Floor Area (maximum) 500 square metres 2. Schedule "18" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Residential Hamlet (RH) Zone" to "Hamlet Commercial (C3-9) Zone" 3. Schedule "A" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-lAW read a first time this day of 2010 BY-LAW read a second time this day of 2010 BY-lAW read a third time and finally passed this day of 2010 Jim Abernethy, Mayor This is Schedule "A" to By-law 2010- , passed this day of , 2010 A.D. r°,_:° N ® Zoning Change From "RH" To "C3-g" ®Zoning Change From "A" To "C3-g" Jim Abernethy, Mayor III __._ _ ____ - - BOWMANVILLE I Palli L Barrie, Municipal Clerk _~ _ j ~ N ~' 1 -e __- _.- ZBA 2010-0010 SC~EBULJE 10.