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Home My WebLink AboutPD-148-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN:394256.gpa REPORT Meeting: General Purpose and Administration Committee File # 14 �_% Date: Monday, October 20, 1997 Res. #6A—,5_/S`0 Report #: PD- 148 -97 File #: DEV 97 -057 (X -REF: LD 170/97) By -law #_ Subject: REZONING APPLICATION - 394256 ONTARIO LTD. PART LOT 29, CONCESSION 3, FORMER TOWNSHIP OF CLARKE FILE: DEV 97 -057 (X -REF: LD 170/97) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 148 -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 approved and that an amending by -law, to permit an automotive sales and repair establishment, be forwarded to Council at such time as a site plan agreement has been executed and all agency comments have been addressed; 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: Sam Cureatz 1.2 Owner: 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. LOCATION 2.1 The subject property is located in Part Lot 29, Concession 3, former Township of 4 41 REPORT NO.: PD- 148 -97 PAGE 2 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 18, 1997. The subject lands are currently vacant and 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. The Municipality's conditions of approval included approval of a zoning by -law amendment to permit the proposed use. 3.2 The Public Meeting for the subject application, as per the requirements of the Planning Act, was held September 8, 1997. No one appeared at the meeting in support or objection of the proposal, other than the applicant's agent. 4. EXISTING AND SURROUNDING 4.1 Existing Uses: Vacant 4.2 Surrounding Uses: West - East - South - North - USES agricultural land Highway 35/115, existing commercial fronting on the highway and Clarke High School agricultural land the Forum Restaurant 5. OFFICIAL PLAN POLICIES 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 Mo a and farm - related uses. The proposed use would not be permitted within this designation. 5.2 Section 20.4.4 of the Durham Plan allows 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. 5.3 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 in the Prime Agricultural Area designation. 5.4 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 relocated or redevelop so that the subject lands may be used in conformity with the policies of the Official Plan. 5.5 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 variation to similar uses. Prior to passing a by -law Council must be satisfied that: REPORT NO.: PD- 148 -97 PAGE 4 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 automotive sales and repair establishment is not permitted. 7. AGENCY COMMENTS 7.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following agencies have all advised they have no objection to the proposed rezoning application: • 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 and stormwater management 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 as a condition of approval for the development of the site. REPORT NO.: PD- 148 -97 PAGE 5 7.3 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. This will require a cross - access easement to be registered on title. Should the rezoning be approved all new buildings must be setback a minimum distance of 13.7 m (45 feet) from the highway property line. Permits from the Ministry are required for all new buildings within 46 m (150 feet) from the highway. A detailed drainage plan illustrating treatment of the calculated runoff as well as an illumination plan is required to be submitted. 7.4 Regional Planning staff forwarded 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 condition of MTO related to application LD 170/97, to ensure that the appropriate access can be secured. Furthermore, no other Provincial interests would appear to be affected by this application. 8. STAFF COMMENTS 8.1 The applicant has indicated he wishes to develop the property as an automotive sales and repair establishment. The subject lands are currently vacant, and used as part of an adjacent agricultural operation, although they are part of 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 satisfying the conditions of the Municipality and the Ministry of Transportation. 8.2 This property was previously rezoned, in 1988, from "Agricultural Exception (A -1)" to "Special Purpose Commercial Exception (C4 -6) ", subject to the execution of a L) REPORT NO.: PD- 148 -97 PAGE 6 site plan agreement. A site plan agreement was executed with the former Town of Newcastle in September 1988. The application was to permit additional parking for the Forum restaurant. Specifically, it was to accommodate approximately ten (10) tractor trailers. The site has never been developed as per the site plan agreement and it would appear the previous rezoning application has facilitated the introduction of commercial zoning on the subject lands. 8.3 Should Council be satisfied that the rezoning is an extension of a legal non- conforming use, it would appear the applicant satisfies the criteria in both Official Plan documents. In consideration of the Ministry of Transportation comments, and the lack of site plan detail, an amending zoning by -law should only be adopted at such time as the applicant has entered into Site Plan Agreement with the Municipality and satisfied the requirements of all agencies including the Ministry of Transportation. 9. CONCLUSION 9.1 In consideration of the comments received from the circulated agencies and staff comments above, the rezoning be approved in principle and an amending by -law to permit an automotive sales and repair establishment be adopted at such time as a Site Plan Agreement has been executed and all agency comments have been addressed. Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development FW *df 3 October 1997 Attachment No. 1 - Key Map Revised by, } W.H. Stockwell Chief Administrative Officer a. a r REPORT NO.: PD- 148 -97 PAGE 7 Interested parties to be notified of Council and Committee's decision: 394256 Ontario Limited 3420 Highway 35 Newcastle, Ontario L1 B 11-9 Sam Cureatz 104 James Street West Newcastle, Ontario L1 B 106 vxx/md 0,0 : LOT 30 LOT 29 LOT 28 LOT 27 CLARKE KEY MAP • ., klm or DEV* •U 97 -057 ATTACHMENT NO. 1 101 z 0 V) V) w U z 0 U 9