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Home My WebLink AboutPD-88-98, DN: PD~B-98 REPORT Meeting: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee Date: July 13, 1998 Report #: PD-88-98 FILE #: DEV 97-093 Subject: REZONING AND SITE PLAN APPLICATIONS APPLICANT: HARRY SCHILLINGS PART LOT 24, CONCESSION 8, FORMER TWP. OF CLARKE 8226 HWY # 35/115 By-law # Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PD-88-98 be received ; 2. THAT the application to amend the former Town of Newcastle Comprehensive Zoning By-law 84-63 submitted by Harry Schillings by APPROVED and that the appropriate By-law be passed; 3. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Harry Schillings 1.2 Agent: Irwin Hamilton 1.3 Application: From "Agricultural Exception (A-1) Zone" to an appropriate zone permitting the extension of the existing parking area and providing additional area for a new septic system 1.4 Area subject to rezoning: 1.7 hectares (4.2 acres) File#~i~~.g7 09~ Res. # C~ P~-1- 430 - c ~ 650 REPORT NO.: PD-88-98 PAGE 2 2. LOCATION 2.1 The subject lands are located at 8226 Highway #35/115 on the west side of the highway. The applicant is proposing to rezone a 1.7 hectare (4.2 ac) area. The property in legal terms is known as Part Lot 24, Concession 8, in the former Township of Clarke. 3. BACKGROUND 3.1 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. 3.2 A Public Meeting was held on February 16, 1998 for the application at which time no one appeared either in support or objection to the proposal. Only one general inquiry has been received regarding the application. 4. EXISTING AND SURROUNDING USES 4.1 Existing Uses: Vacant Land 4.2 Surrounding Uses: East: North: West: South: 5. OFFICIAL PLAN POLICIES Highway commercial development Rural residential Agricultural. lands Agricultural lands 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 exisiting 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" within the Clarington 651 REPORT NO.: PD-88-98 PAGE 3 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 uses: • 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 uses; • 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. Based on a review of these criteria, the application appears to conform to the Official Plan policies. 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 used does not comply with the zoning by-law, a rezoning application for the property is warranted. 7 AGENCY COMMENTS 7.1 The application was circulated to solicit comments from relevant commenting agencies. The Clarington Fire Department, Durham Region Planning Department, Durham Region Public Works Department, and the Durham Region Health Department have no objections to the application. 7.2 The Clarington Public Works Department had requested a revised plan which indicated the precise limits of the parking area to be provided. On the basis of the revised plan, they have no objections to the proposal. 7.3 The Ganaraska Region Conservation Authority has no objections to the rezoning application in principle. Sedimentation controls should be placed on the Ministry of Transporation drainage swale during construction. This condition should be incorporated into the site plan agreement. 7.4 The Ministry of Transporation has no objection to the rezoning application in principle provided the following conditions are fulfilled: No additional access to Highway #35/115 will be permitted; A grading and drainage plan indicating the intended method of treatment 652 REPORT NO.: PD-88-98 PAGE 4 must be submitted for review. The grading must not impact the existing swale which carries stormwater from Highway #35/115; and, All illumination must be directed downwards to avoid conflict with traffic on the highway. 7.5 The Ministry of Natural Resources do not provide comments. 8. STAFF COMMENTS 8.1 The purpose of the application is to rezone the subject lands accordingly to permit additional parking for the existing restaurants and convenience store, primarily due to an increase in truck traffic. Parking for trucks will be located around the existing development. The applicant also requires an expanded septic system for the existing commercial activity on the site. Sufficient lands are being rezoned for a septic area as well as a replacement area. Any outstanding agency concerns will be addressed through the site plan approval process. 8.2 There were concerns initially regarding the amount of land which was subject to the rezoning application. As a result, the applicant has reduced the amount of area by two acres. 8.3 The site plan also indicates 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. 8.4 All rezoning applications must now be accompanied by a completed site screening questionaire to determine whether there is a possibility of contamination on the site. Based on a Phase 1 environmental site assessment 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. There was no evidence of any hazardous /toxic materials found on the subject lands or adjacent properties. There is no evidence of gasoline contamination from the two gasoline stations east of the subject lands. 9. RECOMMENDATIONS 9.1 Based on the comments provided in this report, Staff would recommend that this application and the amending by-law be APPROVED. The applicant must satisfy all agency requirements prior to site plan approval. 653 REPORT NO.: PD-88-98 Respectfully submitted, a ~ ~~ Franklin Wu, M.C.I.P., R.P.P. Director of Planning & Development RH*FW*km Attachment #1 -Key Map Attachment #2 -Proposed Site Plan Attachment #3 -Amending By-law Reviewed by, PAGE 5 W.H. Stoc~ 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 L1C 3K8 654 ATTACHMENT N1 ® SUBJECT SITE LOT 25 LOT 24 ~~ LOT 23 ~~ -- ~~ ~~ ~ ~ °° ~ 0 '; - ~ o z ~ o ~ ~ u~ ~ ~ z ~ ~ ~ o w ~ ~ a ~ z ~~ _ o 0 ~ ~ U -~ ii ii i ii CONCE~S~10 ~ ROAD 8 ,~ l__J s CLARKE ~ / ~GV 97- 093 . KEY MAP X55 ATTACHMENT tl2 I , I I I I 1 I I I I I ~I I ~. 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I olruno uxo sx~cmxs I ~ irm swm,srtY I i ruex+¢.owo ~rw~ Ww ~ K.,~~ ~~'~ ATTACHMENT +M3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 98- being a by-law to amend By-law 84-63, theComprehensive By-law for the Corporation of the Municipality of Cladngton. WHEREAS, 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 former Town of Newcastle in accordance with application DEV 97.093 to facilitate an expansion of the parking area and permit the construction of a private waste disposal system to serve existing commercial uses. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Schedule "2" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural Exception (A-1) Zone" to"Special Purpose Commercial Exception (C4-10) Zane" as shown on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of this By-law. 3. 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, R.S.O. 1990. By-Law read a first time this day of 1998. By-Law read a second time this day of 1998. By-Law read a third and finally passed this day of 1998. Mayor Clerk - b~~ This is Schedule "A" to By-law 98- , passed this day of , 1998 A.D. so.so 0 0 A~ 2 ` O'` ~ $ 0 45.72 V ` ~~ ~ G~~' ~ `n ~ O~ ~ G m ~ 60.00 15.24 o ~ N ~ r ~ ~ t 122.20 ® ZONING CHANGE FROM "A" TO " C4-10" 0 25 SOm Mayor 25m 0 Clerk ® SUBJECT SITE LOT 25 LOT 24 LOT 23 i ~ ~ 0 --- ~ I o 0 ~ _ ~ cn z cn o w 3 z ~ o0 I= - ~ ~~ ~~ CONCES~SIO ~ ~ /~ \ ROAD S ~~~ ~ ~ ~T A N CLARKE i~ % ~ ,, ~J~