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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 # ,,'2'.3- (;;~ 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 r- 7 ~! L) 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: ')h JLJ 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. ?{ _J 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. ~27 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. J28 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 RH*FW*cc *Attach 70 ~) ) 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 '7 I ~)) I - :r--------r- / / ~/ / .. I (J I '/) I ,~ I L i nHj . . __ I!ll;; !!.I,.II ' ';iie I 'i 'I; h I~ I~ l 31 > ~ 'I'" i 1"1" f, ~ ~ j~ 'l~ II -; i : ~ I ,- ~~~ I: i, . _ _ . !~~~~ I ,0001'. 'IH" JO"\ / ~\ f;l)' ---r-- ____ ~ ~ I "- /, '-, // I / I~ / ,; I ~ I I Ii ! L!i I L ~ . . ~ ' ~ . \ \ \ \ . I ." I . IiPI'" ~ ,~ ~ ":l)/f"it- \ ~-........-..-1~L-- ~! ~ Jl-.i/ I /I~ ........,~~ \, fj - - ;::.r I ! I ..,./ . , " b. \ ' --, ~ "'i.. I!, n, '~..L../~~I_( r! \ ': ~:" "', / {~'::-~---V '~<" ',! _, ------}, .-/ ~ -'7....... "'"4~. \, -- - . 'b, I ./'~~.... I. , ---t i~ / ~ '" ; ~", : '" =====--:nl\! I I 1\ k.1 (\~'- f\, ~,\, ---- -L. ~ \;\t..t. i ~. ~. -i \. " .' . -, " . \ , .-J, t) . --=~- 0 - - '---A.. -~ "c,oQe ewnL01 \ \ I '.Il ~ \ \ \ ,~ n " ") ,) ) c. 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 ~) 3 3 This is Schedule "A" passed this~day to of By-law 93-_, ,1993 A.D. LOT 28 o N W '" ~ .0 y> '<t f() o t:: z CONCESSION 3 ~ ZON ING CHANGE FROM II C6 liTO II C6 -4 II Mayor o 10 20 1"""-- _ 20151050 40m , Clerk _ SUBJECT SITE 35 34 33 32 31 30 29 28 27 26 25 1'0 ~ 1 Z S! : 0 o ~ :~ (j)~ :~ (/)w ~ :8 F.: I!!! U A'30 Cl Z ' o ' u : o <t o n: I- it I.L o ::;: (\J...J u z:!: og - Cl (/)2; (/)...J wei uo z A'4 o u. . I I I ,t\-1 I I I 1 I Former Township of CLARKe- '74 ~).) . o 2150 500 ....-- 500m .. ~ - 1000m ~ '''SJ