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Home My WebLink AboutPD-18-98THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN:DEV97093.GPA REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File #~L4 ~*~•`~~ ~~~ Date: Monday, February 16, 1998 Res. #~ PA - 9 3- % ~ Report #: PD-18-98 File #: DEV 97-093 By-law # Subject: REZONING & SITE PLAN APPLICATIONS -HARRY SCHILLINGS PART LOT 24, CONCESSION 8, FORMER TOWNSHIP OF CLARKE 8226 HIGHWAY 35/115 FILE NO.: DEV 97-093 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-18-98 be received; 2. THAT the application to amend the former Town of Newcastle Comprehensive Zoning By-Law 84-63 submitted by Irwin Hamilton on behalf of Harry Schillings be referred back to Staff for further processing and preparation of a subsequent report pending receipt of all outstanding comments; and, 3. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: 1.2 Agent: 1.3 Application: 1.4 Area subject to rezoning: Harry Schillings Irwin Hamilton From "Agricultural Exception (A-1) Zone" to an appropriate zone permitting the extension of the existing parking area and provide additional area for a new septic system to be used in conjunction with an existing gas station, two restaurants, and convenience store. 2.5 hectares (6.2 acres) - ~;D~ REPORT NO.: PD-18-98 2. LOCATION 2.1 3. 3.1 PAGE 2 The subject lands are located at 8226 Highway 35/115 on the west side of the highway. The applicant is proposing to rezone a 2.5 hectare (6.2 ac) area. The property in legal terms is known as Part Lot 24, Concession 8 in the former Township of Clarke. BACKGROUND On December 5, 1997, Irwin Hamilton filed an application on behalf of Harry Schillings with the Municipality of Clarington to amend the former Town of Newcastle Comprehensive Zoning By-Law 84-63. The purpose of the application is to change the current zoning from "Agricultural Exception (A-1) Zone" to permit the extension of the existing parking area and provide additional area for a new septic system. The application has been submitted for the following reasons. • The amount of traffic to the site has increased. The expanded parking area will be used in conjunction with an existing gas station, two restaurants, and convenience store at 8262 Highway 35/115. 4. 4.1 4.2 • Additional area is also required for a new septic system to service the development as well as providing for a suitable replacement septic system area. EXISTING AND SURROUNDING USES Existing Uses: Vacant land Surrounding Uses: East - North - West - South - Highway commercial development Rural residential Agricultural lands Agricultural lands _ ~,~~ REPORT NO.: PD-18-98 PAGE 3 5. OFFICIAL PLAN POLICIES 5.1 Within the Durham Region Official Plan, the subject lands are designated "Oak Ridges Moraine". Section 20.4.4 allows for the continuation, expansion, or enlargement of uses which do not conform to the existing designations and provisions of the Plan subject to the following requirements: • the uses shall have no adverse impact on the present surrounding uses or the implementation of the Plan; • regard is had for the Agricultural Code of Practise; • the uses are accessible through an open and maintained public road; and, • all conditions contained within the local official plan are fulfilled. 5.2 The subject lands are designated "Oak Ridges Moraine" and "Environmental Protection" within the Clarington Official Plan. Although the proposed uses are not permitted, section 23.5.4 allows for the continuation, expansion, or enlargement of uses which do not conform to the existing designations and provisions of the Plan subject to the following requirements: • it is not feasible to relocate the existing use; • the changes do not aggravate the existing situation or impact the ability to implement the Plan or Zoning By-law; • the size is appropriate in relation to the existing legal non-conforming use; • it does not cause a public nuisance or impact public health; • the neighbouring conforming uses are protected through landscaping or buffering; and, • it shall not adversely impact traffic, access, or parking in the vicinity. - 603 REPORT NO.: PD-18-98 PAGE 4 6. ZONING BY-LAW CONFORMITY 6.1 The subject lands are currently zoned "Agricultural Exception (A-1) Zone" which only permits agricultural uses. As the proposed use does not comply with the zoning by-law, a rezoning application for the property is warranted. 7. PUBLIC NOTICE AND SUBMISSION 7.1 Pursuant to Council's resolution and requirements of the Planning Act, R.S.O. 1990, the appropriate signage acknowledging the application was erected on the subject lands. The required notice was mailed to each landowner within the prescribed distance. 7.2 As of the writing of this report, no written submissions have been received. One general inquiry has been received. 8. AGENCY COMMENTS 8.1 The application was circulated to solicit comments from relevant commenting agencies. The Clarington Fire Department and the Durham Region Health Department have no objections to the application. 8.2 Prior to providing more detailed comments, the Clarington Public Works Department has requested that the application be tabled until additional information on the precise limits of the parking area is provided. 8.3 The Ganaraska Region Conservation Authority has no objections to the rezoning application in principle. Additional information on the limits of the parking area and method of surface treatment is required. New impervious areas (ie. asphalt) may require the applicant to deal with stormwater management. 8.4 The Ministry of Transportation has no objections to the rezoning application in principle. Additional information on the limits of the parking area is required. 604 REPORT NO.: PD-18-98 PAGE 5 No additional access to Highway 35/115 will be permitted. 8.5 Comments still remain outstanding from the following agencies: • Durham Regional Planning Department • Durham Regional Public Works Department • Ministry of Natural Resources 9. STAFF COMMENTS 9.1 The applicant has provided a site plan which indicates the additional information requested by commenting agencies. This plan also shows the following additional features: • a proposed picnic area in the northwest corner of the subject lands; • the precise extension of the parking area and method of surface treatment; and, • a diesel fuel cardlock facility on additional lands owned by the applicant at 8246 Highway 35/115, which requires the removal an existing garage. This facility will be reviewed through the site plan approval process. The plan has been recirculated by Staff for review. 9.2 All rezoning applications must now be accompanied by a completed site screening questionnaire to determine whether there is a possibility of contamination on the site. As a result, the applicant was required to prepare a Phase 1 Environmental Site Assessment report for Staff review. Based on the report, it is unlikely that there is a significant environmental condition on the property for the following reasons: • The subject property is currently undeveloped and is used for agricultural purposes. b05 REPORT NO.: PD-18-98 PAGE 6 • There was no evidence of any hazardous/ toxic materials found on the subject lands or adjacent properties. Only chemicals permitted for agricultural use may have been used on the subject lands. • There are two gasoline stations east of the subject lands. a) One of the stations is aPetro-Canada centre owned and operated by the applicant. The site has four underground fuel storage tanks installed between 1988 and 1992. Tank records are well maintained and there is no evidence of leaks or spills. Secondary containment and vapour control systems have been installed according to regulations. b) The second service station (Vplus/ Sunoco) is currently not operational. The two underground tanks installed in 1992 have been emptied and stabilized according to regulations. There is no evidence of leaks or spills on the property. 9.3 In reviewing the application, Staff feel that the land area requested to be rezoned is excessive. Staff will further discuss this matter with the applicant to determine a suitable lot area for rezoning. 9.4 As the purpose of this report is to satisfy the requirements for the Public Meeting under the Planning Act, R.S.O. 1990, and considering the number of outstanding comments, it is respectfully requested that this report be referred back to Staff for further processing and the preparation of a subsequent report. 6~6 REPORT NO.: PD-18-98 PAGE 7 Respectfully submitted, Y~ Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development RH*FW*df 6 February 1998 Attachment #1 -Key Map Attachment #2 -Proposed Site Plan Reviewed by, i~~~ W.H.~Stockw Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Harry Schillings 8226 Highway 35/115 Orono, Ontario LOB 1 MO Irwin Hamilton Hamilton & Mutton 1 Division Street P.O. Box 39 Bowmanville, Ontario LiC 3K8 607 ATTACHMENT #1 SUBJECT SITE LOT 25 LOT 24 ~ _.- ~ ~_ ~ ~ -- i ~- ii !~ ~i ~ i ii i i CONCE~S~IC i~ !~ I CLARKE KEY MAP LOT 23 DEV. _~ ~I 97-093 0 a z ~o z ~ o w ~ U Z o O 608 ATTACHMENT #2 ~, .v' N w ww ww ~ Aw Aw I ,ww •~ a ,w.. ~pw j' Mw AJ V ~ i ~® _y ~ ~i f ~ ww J jR' {~ , a~ 9w V ~~ ~ ww ~~I ~ ~' M,w 'w~ w., wa ~ ~ ~ ,~' h ~ ~' ~ w" ~ w°' s .w ~w sn w••0' Aso 00 wT f @, .~.. i ww ~' w° ww ~ ~ s __ ww ~`?~~ -. W" `a ~ ~ i w Y ` w9 J v wn Y% .~ ~ - - _~ y - --; y ~ a s ~awm w ~~~. BROWN & COGGAN LTD. ONTARIO LAND SURVEYORS i oi~siw s.RCEr , surtc '9' eoxu~xwu¢ . oN..Aic _ 905 63J-351 LiG 2ZR i. uw 9~ Yv (00 scut ~ 5w -T.aE x... , vcv. ~ DEV. 97-093 ~;' ~ ` -- .o- ww z~:uW ____ "~ w .:z. ww rc azo SKETCH GF PART OF LOT 24, CONCESSON B, TOWNSHIP OF CLARKE, now in the MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM i~ b~9