HomeMy WebLinkAboutPD-111-97DN:DEV97057.GPATHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
PUBLIC MEETING
Meeting: General Purpose and Administration Committee File # ,�Lv4 q -1° D
Date: Monday, September 8, 1997
Report #:
PD- 111 -97
File #: DEV 97 -057 (X -REF: LID 170/97)
Res. # I _ 10_q-7
By -law #
Subject: REZONING APPLICATION - 394256 ONTARIO LTD.
PART LOT 29, CONCESSION 3, FORMER TOWNSHIP OF CLARKE
FILE: DEV 97 -057 (X -REF: LID 170/97)
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD- 111 -97 be received;
2. THAT application to amend the Comprehensive Zoning By -law 84 -63 of the former
Town of Newcastle, as amended, submitted by Sam Cureatz on behalf of 394256
Ontario Ltd. be referred back to Staff for further processing and the preparation
of a subsequent report upon receipt of all outstanding comments; and
3. THAT the Durham Region Planning Department, and all interested parties listed
in this report and any delegation, be advised of Council's decision.
1. APPLICATION DETAILS
1.1 Applicant:
1.2 Owner:
Sam Cureatz
394256 Ontario Ltd.
1.3 Rezoning: From "Special Purpose Commercial Exception
(C4 -6) to an appropriate zone to permit the
development of an automotive sales and repair
establishment.
1.4 Area:
1.11 ha (2.74 acres)
2 ..
REPORT • •D •A
• • 1
2.1 The subject property is located in Part Lot 29, Concession 3, former Township of
Clarke. The property is municipally known as 3420 Highway 35/115, and is
located between Concession Road 3 and Concession Road 4 on the west side
of Highway 35/115.
3. BACKGROUND
3.1 The application for rezoning was received July 28, 1997. The subject lands are
currently vacant and comprise part of a larger land holding to the north. The
applicant has indicated he wishes to develop the property as an automotive sales
and repair establishment. On July 14, 1997, the Land Division Committee
considered LD 170/97, and approved the application subject to conditions. The
applicant has until July 24, 1998, to satisfy the conditions of the Ministry of
Transportation and the Municipality with respect to the consent. A Zoning By -law
Amendment was one of the Municipality's conditions of approval.
4. EXISTING AND SURROUNDING USES
4.1 Existing Uses: Vacant
4.2 Surrounding Uses: East -
West -
South -
North -
5. OFFICIAL PLAN POLICIES
agricultural land
Highway 35/115, existing
commercial fronting on the
highway and Clarke High School
agricultural land
motor vehicle fuel bar
5.1 Within the Durham Regional Official Plan the subject property is designated prime
Agricultural Reserve. Uses within this designation shall be restricted to agriculture
and farm - related uses. The proposed use would not be permitted.
622
REPORT NO.: PD- 111 -97
Section 20.4.4 of the Durham Plan allows the Council's of the area municipalities
to zone, at their sole discretion, to permit the continuation, expansion, or
enlargement of uses which do not conform to the designations and provisions of
the Plan or the variation to similar uses, provided that such uses:
a) have no adverse impacts on present uses surrounding the lands or the
implementation of the provisions of this Plan;
b) have regard for the Agricultural Code of Practice;
c) have access to a public road maintained year round that is capable of
supporting the additional traffic generated; and
d) subject to conditions in the municipal Official Plan.
5.2 Within the Clarington Official Plan the subject property is designated Prime
Agricultural Area. Lands within this designation shall only be used for farm and
farm - related uses, seasonal farm produce stands, home -based occupations and
limited home industry uses. The proposed use would not be permitted.
Section 23.5 of the Clarington Plan addresses non - conforming uses by
acknowledging it is not possible or desirable to recognize all existing uses in the
Official Plan. Furthermore, it states that non - conforming uses, legal or otherwise,
are encouraged to relocate or redevelop so that the subject lands may be used
in conformity with the policies of the Official Plan.
However, the Official Plan does permit by -laws to be passed permitting the
extension or enlargement of legal non - conforming uses, buildings or structures,
or the variations to similar uses. Prior to passing a by -law, Council must be
satisfied that:
REPORT PD PAG E :
a) it is not feasible to relocate the existing use;
b) it does not aggravate the situation created by the existence of the use;
c) the size is appropriate in relation to the existing legal non - conforming use;
d) it does not generate noise vibrations, fumes, dust, odours or lighting so as
to create a public nuisance or health hazard;
e) the neighbouring conforming uses are appropriately protected; and
f) it shall not adversely affect traffic access or parking conditions in the
vicinity.
6. ZONING BY -LAW PROVISIONS
6.1 The subject property is currently zoned "Special Purpose Commercial Exception
(C4 -6) ". Lands within said zone shall only be used for an eating establishment.
The proposed automobile sales and repair establishment is not permitted.
7. PUBLIC MEETING AND SUBMISSION
7.1 Pursuant to Council's Resolution of July 26, 1982 and the requirements of the
Planning Act the appropriate signage acknowledging the application was installed
on the subject lands. In addition, the appropriate notice was mailed to each
landowner within the prescribed distance. As of the writing of this report no one
has contacted the Planning Department with any objections or concerns with
respect to the proposed application.
8. AGENCY COMMENTS
8.1 In accordance with departmental procedures, the application was circulated to
obtain comments from other departments and agencies. To date comments
remain outstanding from Ontario Hydro.
8.2 The following agencies have all advised they have no objection to the proposed
rezoning application:
14
REPORT NO.: PD- 111 -97 PAGE 5
• Clarington Public Works, Engineering and Parks Divisions
• Ganaraska Conservation Authority
• Regional Health Department
Of the agencies which provided no objection to the rezoning application, the
Clarington Public Works, Engineering Division and the Conservation Authority
both advised that detailed grading plans will be required prior to development
approval of the site. The Parks Division of the Public Works Division suggested
a 2% cash -in -lieu of parkland is to be collected prior to development of the site.
8.3 The Ministry of Transportation has advised that no new, independent access to
the Highway 35/115 will be permitted. They will only consider a common use
type access with the existing southerly access to the Forum Restaurant. Should
the rezoning be approved all new buildings must be setback a minimum distance
of 13.7 metres (45 feet) from the highway property line. Permits from the Ministry
are required for all new buildings within 46 metres (150 feet from our highway.
A detailed drainage plan illustrating treatment of the calculated runoff, as well as
illumination plan, is required to be submitted.
8.4 Regional Planning staff prepared comments stating that the subject lands are
designated "Permanent Agricultural Reserve" in the Durham Plan. The primary
use of lands in this designation is for agricultural and farm - related purposes.
However, the Plan permits the continuation, expansion, or enlargement of existing
uses or the variation to existing uses subject to certain criteria. Planning staff
suggest that the rezoning not be approved until the applicant has demonstrated
that he is able to fulfil the conditions of MTO related to Application LD 170/97, to
ensure that the appropriate access can be secured.
9. STAFF COMMENTS
9.1 The applicant has indicated he wishes to develop the property as an automotive
6 ZJ)
sales and repair establishment. The subject lands are currently vacant, and used
as part of an adjacent agricultural operation, although they are part of a larger
land holding, which includes the Forum Restaurant to the north. On July 14,
1997, the Land Division Committee considered LD 170/97, and approved the
application to sever the lands subject to the conditions of the Municipality and the
Ministry of Transportation.
10. CONCLUSION
10.1 The purpose of this report is to facilitate the Public Meeting as required by the
Planning Act, to provide Committee and Council with some background on the
application submitted and for Staff to indicate issues or areas of concern
regarding the subject application. It is recommended the application be referred
back to Staff for further processing and subsequent report upon resolution of the
above issues and receipt of all outstanding comments.
Respectfully submitted,
Franklin Wu, M.C.I.P., R.P.P.
Director of Planning
and Development
CP *LT *FW *df
27 August 1997
Attachment No. 1 - Key Map
Reviewed by,
W.H. Stockwell
Chief Administrative
Officer
Interested parties to be notified of Council and Committee's decision:
394256 Ontario Limited Sam Cureatz
3420 Highway 35 104 James Street West
Newcastle, Ontario Newcastle, Ontario
1-16 1L9 L1B 106
,r
IRS.
WA SUBJECT SITE
LOT 30 LOT 29 LOT 28 LOT 27
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 1 I. Lam_
CO SSION A 4
I
IIN
II
III
T) I co
IIN
III
110
0 Ln I I w I�
Q Ilw
I z
°° 0
w
IIz W
to W
U I I IQ z
II 0
� I IIQ U
iii
2 Ilo
z
I �
IZ
I=
ao I
tdNC SldN ROAD 3
9
0
CLARKE DEVo 9
KEY MAP
62