HomeMy WebLinkAboutPD-126-93
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
ON: IMPERIAL.GPA
File #:tlct .'5Jf1}, 93,o~~
Res. # C:ctJA - 5 ;;:Lo -- c13
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Meeting: General Purpose and Administration Committee
Date:
Monday, September 20, 1993
PD-126-93 DEV 93-022
#: File#:
REZONING AND SITE PLAN APPLICATION - IMPERIAL OIL LIMITED
PART LOT 28, CONCESSION 3, FORMER CLARKE TOWNSHIP
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-126-93 be received;
2. THAT the application to amend the former Town of Newcastle
Comprehensive Zoning By-Law 84-63 submitted by Foord &
Taylor Limited on behalf of Imperial oil Limited to permit
an eating establishment within an existing building be
APPROVED;
3. THAT the amending by-law attached hereto be forwarded to
Council for APPROVAL;
4. THAT a copy of this report and the amending by-law be
forwarded to the Region of Durham Planning Department; and,
5. 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 Rezoning:
1. 4 Proposal:
1. 5 site Area:
Imperial oil Limited
Foord & Taylor Limited
From "Service station Commercial (C6)" to an
appropriate zone to permit the proposed use
To develop an eating establishment within the
existing building, erect a new canopy and
replace two gasoline pump islands
0.465 hectares (1.15 acres)
2. LOCATION
2.1 The Imperial oil Limited service station is located on a
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RECYClEO PAPIER
PAPER RECYCLE
TIliS IS PfllNTED ON HECYCLED PAPER
REPORT NO.: PD-126-93
PAGE 2
0.465 hectare parcel on the east side at 3459 Highway 35/115
between Newcastle Village and Orono. The property is
legally described 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 with the Municipality of
Clarington 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)" 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.
:) 2 4
REPORT NO.: PD-12&93
PAGE 3
3.3 A Public Meeting was held on July 19,1993 in accordance with
the provisions of the Planning Act, R.S.O. 1990. There were
no objections from members of the public to the proposal at
that time.
4. EXISTING AND SURROUNDING USES
4.1 Existing Uses:
Gasoline bar and vacant service station
component
4.2 surrounding Uses:
East: Agricultural
North: Residential and Agricultural
West: Restaurant and gasoline station
South: Clarke High School and The pines Senior
Public School
5. 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:
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REPORT NO.: PD- 126-93
PAGE 4
(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.
'Every application, as well as the related site plan issues,
should be considered on its own merit by the local Council.
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 unit.
6. ZONING BY-LAW CONFORMITY
6.1 The subject lands are currently zoned "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 the eating establishment within the existing
building.
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.
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REPORT NO.: PD-126-93
PAGE 5
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 sblicit comments from
other relevant agencies.
8.2 The Ganaraska Region Conservation Authority has no objection
to this application.
8.3 The 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 The Public Works Department has no objections to the
proposal subject to the following conditions:
. that all works and services are designed to the
Municipality's standards and to the satisfaction of the
Director of Public Works;
. that any easements be granted free and clear to the
Municipality;
. that written approval of all proposed collection and
conveyance of storm drainage to Highway 35/115 be
obtained from the Ministry of Transportation;
. that no existing drainage patterns are altered or
adversely affected as a result of this development;
and,
. that the applicant meet all requirements of the Public
Works Department.
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REPORT NO.: PD-126-93
PAGE 6
8.5 The community services Department has no objections to the
proposal subject to the 2% commercial dedication requirement
being accepted as cash-in-lieu with the funds being credited
to the Parks Reserve Account if not previously received.
8.6 The Durham Region Planning Department has indicated that the
applicant's site is designated "Permanent Agricultural
Reserve" in both the 1976 and 1991 Durham Region Official
Plans. The predQminant use of lands so designated is for
agriculture and farm-related uses. Should Council consider
approval of the application as a variation of an existing
non-conforming use, then Policy 16.6.5 of the 1976 Durham
Plan and Policy 20.4.4 of the 1991 Durham Plan are
applicable.
8.7 The Durham Region Health Department has no objections to the
proposal. However, a new tile bed must be constructed to
the Health Department's standards as the existing system
cannot accommodate the additional sewage loads. The
applicant is required to submit engineered drawings to the
Health Department for approval prior to issuance of the
building permit. It is noted that sufficient area is
available to construct the septic system.
8.8 The Ministry of Transportation has no objections to the
development. However, no additional points of access to the
highway will be permitted. The applicant must also submit a
letter to the Ministry stating "If for any reason the
Ministry of Transportation requires the canopy to be removed
to a setback of 7.5 m (25 feet), the property owner will
bear the entire cost." This requested correspondence has
been submitted by the applicant to the Ministry. In
addition, building and sign permits must be obtained from
the Ministry prior to construction being undertaken.
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REPORT NO.: PD- 12-693
PAGE 7
9. STAFF COMMENTS
9.1 The applicant has indicated that the service station has
been in existence since 1955. The site is located on the
east side of Highway 35/115 within an established highway-
oriented commercial strip stretching from Concession Road 3
approximately half way north towards Concession Road 4. The
majority of development is located on the east side of the
highway to capture consumer demand travelling to cottage
country. The commercial mix in the area includes gas
stations, restaurants and a truck cap sales establishment.
Additional uses include The pines senior Public School and
Clarke High School.
9.2 Section 16.6.5 of the 1976 Durham Official Plan and section
20.4.4 of the 1991 Durham Official Plan permits the local
municipal Council, at their discretion, to be a variation of
an existing non-conforming use. Council's decision must be
based on the four criteria discussed in section 5.2 of this
report. The following discussion demonstrates the
proposal's conformity with these criteria:
(a) Permitting the eating establishment on the property
would not have any adverse impacts on the surrounding
uses, especially competing eating establishments. The
Highway 35/115 corridor contains a considerable amount
of traffic to Peterborough and the Kawartha Region.
The proposed eating establishment would provide the
travelling public with an expanded array of choices.
In addition, permitting the eating establishment would
not have any adverse impact on the Region's ability to
implement the Durham Plan;
(b) There would be no conflict with provisions of the
Agricultural Code of Practice as no farm buildings
,)29
REPORT NO.: PD-126 -93
PAGE 8
exist in the immediate vicinity. In addition, existing
uses on site have operated adjacent to agricultural
uses for approximately 38 years with no conflict;
(c) The subject site is accessible from Highway 35/115
which is maintained on a year round basis; and
(d) Although the Official Plan of the former Town of
Newcastle does not cover rural areas, Zoning By-law of
the former Town of Newcastle provides standards which
must be complied with. The applicants have applied for
site plan approval and the agreement is being
completed~ Although there are a number of outstanding
issues relating to site drainage and on site sewage
disposal, these matters will be resolved to the
satisfaction of the Municipality through the site plan
agreement.
9.3 In consideration of the comments in this report, APPROVAL of
this rezoning application from "Service station Commercial
(C6)" to "Service station Commercial Exception (C6-4)" would
be appropriate. The site plan agreement will address any
outstanding issues raised by the Municipality and other
commenting agencies.
Respectfully submitted,
dr,,~~ _~
Franklin Wu, M.C.I.P.
Director of Planning
and Development
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*Attach
70
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REPORT NO.: PD- 126-93
PAGE 9
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
Durham Region Planning Department
Box 623
1615 Dundas street East
Lang Tower, West Building
Whitby, ontario
L1N 6A3
Attn:
Dr. Mofeed Michael
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 93-
""~'4V'~__1'''''''''' --(.'-_- .....:-''''''''''"_~''''
being a By-law to amend By-law 84-63, the Comprehensive By-law
for the Corporation of the former 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 former Town of Newcastle in accordance
,with Application DEV 93-022 to develop an eating establishment
within an existing building, erect a new canopy and replace two
gasoline pumps islands.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation
of the Municipality of Clarington enacts as follows:
1. Schedule "2" to By-law 84-63, as amended, is hereby further
amended by changing the zone designation from:
"Service Station Commercial (C6)" to "Service Station
Commercial - Special Exception (C6-4)"
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
1993.
BY-LAW READ a second time this
day of
1993.
BY-LAW READ a third time and finally passed this
1993.
day of
MAYOR
CLERK
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This is Schedule "A"
passed this~day
to
of
By-law 93-_,
,1993 A.D.
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