HomeMy WebLinkAboutPD-108-93
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: IMPERIAL.GPA
PUB L I C
M E E TIN G
Meeting: General Purpose and Administration Committee File #
Date:
Monday, July 19, 1993
#
PD-108-93 DEV 93-022
#: File#:
Subject: REZONING AND SITE PLAN APPLICATION - IMPERIAL OIL LIMITED
PART LOT 28, CONCESSION 3, FORMER TOWNSHIP OF CLARKE
FILE: DEV 93-022
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-108-93 be received;
2. THAT the application to amend the Comprehensive zoning By-Law
84-63 of the former Town of Newcastle, submitted by Foord &
Taylor Limited on behalf of Imperial oil Limited be referred
back to Staff for further processing and preparation of a
report subsequent 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:
Imperial oil Limited
Foord & Taylor Limited
1.2 Agent:
1.3 Rezoning:
From "Service station Commercial (C6)" to
an appropriate zone to permit proposed
use
1.4 Proposal:
To develop an eating establishment within
the existing building, erect a new canopy
and replace two gasoline pump islands
1. 5 site Area:
0.465 hectares (1.15 acres)
2 . LOCATION
2.1 The Imperial oil Limited service station is located on a 0.465
....2
.)
RECYCLED PAPIER
PAPER I1ECYClE
nlis IS P!1iNTEO ON RECYCLED PAPER
REPORT NO. PD-107-93
PAGE 2
hectare parcel on the east side at 3459 Highway 35/115 between
Newcastle Village and Orono. The property in legal terms is
known as Part Lot 28, Concession 3, Former Clarke Township.
3 . BACKGROUND
3.1 On June 3, 1993, Foord & Taylor Limited filed an application
on behalf of Imperial oil Limited to amend the Comprehensive
Zoning By-Law 84-63. The purpose of the application is to
change the current zoning from "Service station Commercial
(C6) II to an appropriate zone permitting the conversion of the
existing building from automotive service bays to an eating
establishment. The applicant would not enlarge the dimensions
of the building. In addition, a new canopy would be erected
and two gasoline pump islands would be replaced. The
development would continue to be serviced by a private well
and septic system.
3.2 The application is being made because the service bays have
not been in use for a number of years. In its current form,
the site is not financially viable. with the restructuring
occurring within the petroleum industry, oil companies have
been forced to rationalize their outlets. Many have
investigated other complementary uses which could be located
on site to increase sales. Imperial oil Limited has
introduced restaurant components to some of its outlets
throughout ontario which have increased traffic flows to the
sites. They propose to include a variety of fast food
restaurant chains within the same building to provide the
travelling public with a choice. Although providing some eat-
in facilities, the operation as a whole would concentrate on
take-out.
4. EXISTING AND SURROUNDING USES
4.1 Existing Uses:
service station and gasoline bar
....3
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REPORT NO. PD-107-93
PAGE 3
4.2 Surrounding Uses:
East:
North:
West:
South:
Agricultural
Residential
Restaurant and gasoline station
Clarke High School and The pines Senior
Public School
s. OFFICIAL PLAN POLICIES
5.1 within the existing 1976 and the new 1991 Durham Region
Official Plans, the subject lands are designated "Permanent
Agricultural Reserve". These lands are intended to be used
for agricultural and farm-related uses, excluding any retail
components associated with these uses. Other non-agricultural
uses are not permitted within the designation.
5.2 Although the Plans do not formally recognize the commercial
agglomerations along Highway 35/115, section 16.6.5 of the
existing 1976 Plan and section 20.4.4 of the new 1991 Plan
indicate that these documents do not necessarily intend to
prevent the continuation, expansion or enlargement of uses
which do not conform to the designations and provisions of the
Plans. At their discretion, the local municipal council may
zone to permit the continuation, expansion or enlargement of
existing uses or a variation of similar uses provided that
they:
(a) have no adverse impacts on surrounding uses or the
implementation of the Plan;
(b) have regard for the Agricultural Code of Practice where
applicable;
(c) are accessible by a public road maintained on a year-
round basis; and,
(d) are subject to conditions in the local Plan.
....4
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REPORT NO. PD-107-93
PAGE 4
Each case, as well as the related site plan issues, should be
considered on its own merit by the local Council.
Comments from the Durham Region Planning Department regarding
proposal conformity to the 1976 and 1991 Official Plans have
not been received to date.
5.3 This proposal is also subject to compliance with standards of
the Ministry of Environment regarding wells and septic systems
as administered by the Durham Region Health Department.
6. ZONING BY-LAW CONFORMITY
6.1 The subject lands are currently zoned II Service station
Commercial (C6)" which permits a motor vehicle fuel bar, motor
vehicle service station and the retail sale of confectionary
items, sundry foods and promotional items as an accessory use.
However, facilities for the preparation of food are
prohibited. Therefore, the applicant has applied to rezone
the property to an appropriate commercial zone to permit
restaurant uses.
7. PUBLIC NOTICE AND SUBMISSION
7.1 Pursuant to Council's resolution of July 26, 1982 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 telephone inquiry relating to the
proposed development has been received.
8. AGENCY COMMENTS
8.1 The application was circulated to solicit comments from other
relevant agencies. ....5
Jl7
REPORT NO. PD-107-93
PAGE 5
8.2 Comments indicating no objections have been received from the
following agencies:
Ganaraska Region Conservation Authority
8.3 The Municipality of Clarington Fire Department has no
objections to the proposal provided that the proposal complies
with the ontario Fire and Building Codes as well as the
Gasoline Handling Act.
8.4 Comments still remain outstanding from the following agencies:
Municipality of Clarington Public Works
Municipality of Clarington Community services
Durham Region Planning Department
Durham Region Health Department
Ministry of Transportation
9. STAFF COMMENTS
9.1 The applicant has indicated that the service station has been
in existence since 1955. The site is located within an
established highway-oriented commercial strip stretching from
Concession Road 3 approximately half way north towards
Concession Road 4. The commercial mix in the area includes
gas stations, restaurants, a truck cap sales establishment,
The pines Senior Public School and Clarke High School. This
commercial strip is recognized through the Municipality's
zoning by-law but not within the Durham Regional Official
Plans. The proposal would not be expanding the area of this
commercial strip but merely altering the range of uses.
9.2 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
o . . . 5
:)18
REPORT NO. PD-107-93
PAGE If)
staff for further processing and the preparation of a
subsequent report.
Respectfully submitted,
Recommended for presentation
to the Committee
df~w ~
Franklin Wu, M.C.I.P.
Director of Planning
and Development
Lawrence E. Kot
Chief Administr
Officer
RH*FW*cc
*Attach
Interested parties to be notified of Council and Committee's
decision:
Foord & Taylor Limited
420 Roe street
Cobourg, ontario
K9A 3L1
Attn: Mr. John Bizzell
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