HomeMy WebLinkAboutPD-80-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: PD -80 -97
REPORT
Meeting: General Purpose and Administration Committee File #h ,\)G V -7° D�'
Date: Monday, June 16, 1997 Res. #C (�, J-97
Report #: PD -80 -97 File #: By -law #
Subject: REZONING APPLICATION - CHRIS COOPER
PT. LOT 12, CONC. 1, FORMER TOWNSHIP OF CLARKE, 4383 HIGHWAY 32
FILE: DEV 96 -062
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD -80 -97 be received;
2. THAT Rezoning Application DEV 96 -062 submitted by Chris Cooper on behalf of
Robert Reed to permit the outside storage of bulk fuel storage tanks and a 400
m2 office /warehouse /transport depot be approved;
3. THAT the attached by -law amendment be forwarded to Council for adoption;
4. THAT a copy of this report and the amending by -law be forwarded to the Region
of Durham Planning Department;
5. THAT any delegation and those persons listed in this report be advised of
Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: Chris Cooper, Cooper Fuels
1.2 Owner: Robert Reed
1.3 Rezoning: From - Agricultural (A)
To - a zone appropriate to permit the outside storage of bulk
fuel storage tanks and a 400 m2 office /warehouse /transport
depot.
1.4 Area: 0.65 hectares
REPORT PD -80 -97 PAGE
2. LOCATION
2.1 The subject parcel is located in part of Lot 12, Concession 1 former Township of
Clarke. The municipal address is 4333 Highway #2. The site is located
approximately 350 metres (1150 feet) from the western limits of the Hamlet of
Newtonville.
3. BACKGROUND
3.1 On November 15, 1996 the Planning Department received a rezoning application
to permit the outside storage of bulk fuel tanks and a 372 m2
office /warehouse /transport depot from Chris Cooper of Cooper Fuels. The
applicant proposes that the outside storage consists of 6 -1000 litre fuel tanks for
a total on -site capacity of 6000 litres.
3.2 The applicant has since submitted both a land division application (LD 115/97) to
create the lot and a site plan application (Dev 97 -020) which addresses matters
such as access, building location, landscaping etc.
3.3 The applicant has increased the floor area of the structure from 372 m2 as applied
for to 400 m2. It is Staff's opinion that this revision is minor in nature and will not
have a significant impact on the application or site.
4. EXISTING AND SURROUNDING USES
4.1 Existing Uses: farmland
4.2 Surrounding Uses: East - farmland and farm structures
West - farmland and farm structures
South - farmland and a forested area
North - farmland and farm structures
6 13
REPORT PD -80 -97 PAGE 3
5. OFFICIAL PLAN POLICIES
5.1 Within the Durham Region Official Plan, the subject lands are designated "Major
Open Space" and shall primarily be used for conservation, recreation,
reforestation, agriculture and farm - related uses.
5.2 The subject lands are designated "Green Space" within the Municipality of
Clarington Official Plan. Lands designated as such shall generally be for
conservation and active or passive recreational uses. However, Section 14.5.1
states that farm - related commercial /industrial uses are permitted.
5.3 Mr. Cooper has advised Staff that his proposal will service the agricultural
community. His business provides fuel and lubricants for farm equipment and
machinery. In that his business directly services the agricultural community, Staff
are satisfied that this use directly supports the agricultural community and as such
is an agriculturally related use in conformity to the Clarington Official Plan. This
interpretation has been supported by the Region of Durham.
6. ZONING BY -LAW PROVISIONS
6.1 Within the Comprehensive Zoning By -law of the Municipality of Clarington, the
subject lands are zoned "Agricultural (A) ". Lands so zoned shall be for used for
farm uses. A rezoning is required to permit this specific use.
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.
6 214
REPORT PD-80-97 c 4
7.2 At the Public Meeting, one resident spoke in opposition to the application, fearing
that the site will develop into a service station. This resident was also concerned
about the appearance of the site noting that fuel storage tanks may be visually
unappealing.
7.3 A couple of residents spoke in support of the application, noting that the applicant
provides a necessary service to the local farmers.
8. AGENCY COMMENTS
8.1 In accordance with departmental procedures, the application was circulated to
obtain comments from other departments and agencies.
8.2 The following agencies had no objection to the application:
• Clarington Fire Department
® Durham Region Works Department
• Durham Region Planning Department
8.3 The Clarington Works Department has requested that a Site Grading Plan be
submitted to the satisfaction of the Director of Public Works. In addition, the
applicant must also provide parkland dedication of 2 %.
8.4 The Ganaraska Region Conservation Authority has no objection to the application
but note that concerns with stormwater and spillage are handled by the Ministry
of Environment and Energy. The Region has assumed many of this Ministry's
responsibilities. The Region, in response notes that this concern will be dealt with
through the review and issuance of a certificate of approval.
8.5 The Durham Region Health Department requires the submission of a site servicing
plan showing the location of the proposed structures, existing and proposed wells
625
REPORT 'D :0 PAGE 5
and private sewage systems. The applicant has been made aware of this
request.
9. STAFF COMMENTS
9.1 At the time of submission of the rezoning application, Mr. Cooper was somewhat
hesitant to submit a land division application and a site plan application until he
was satisfied that the principle of development of the lands was established.
Subsequent to the public meeting Mr. Cooper made the necessary application to
the Land Division Committee to create the lot. Shortly there after he also
submitted a site plan application.
9.2 On April 14, 1997 the Land Division Committee approved the creation of the lot
for this use. Mr. Cooper has been working on satisfying the conditions of
severance. One condition is approval of the rezoning application ensuring the
land is zoned appropriately to permit the proposed use. Approval of the rezoning
application is dependent upon the preparation of a site plan agreement between
the Municipality and Cooper Fuels, regulating site specifics such as landscaping,
fencing, location of the building, building elevations, signage, and location and
screening of the fuel storage tanks.
9.3 Mr. Cooper has stated that he has no intention of selling fuel to motor vehicles.
It is noted that the site specific zoning is very clear in that no retail sale of motor
vehicle fuel will be permitted. The permitted uses will be the storage of bulk fuel
and the sale of prepackaged and bulk lubricants such as heavy duty diesel
engine oil, tractor transmission fluid, high quality hydraulic oils and extreme
pressure greases. The rezoning will also allow Mr. Cooper to have a small area
where he can store and maintain his delivery trucks.
6
REPORT ;0
9.4 Mr. Cooper has diligently worked on providing the necessary drawings and other
details required to finalize the site plan agreement. He will provide privacy
fencing in front of the bulk fuel storage area and along the eastern fence line.
The bulk fuel storage area is adjacent to the proposed warehouse structure and
will thus be buffered by this structure from easterly views. Landscaping with
spruce species has been proposed as spruce trees provide excellent screening
during all seasons.
9.5 Staff note that the site plan is almost finalized and staff are confident that the By-
law can be passed at this time as the site plan will likely be signed prior to the
by -law coming into effect.
10. CONCLUSION
10.1 In that this application conforms with the Official Plan and that Staff are satisfied
that the resident's concerns have been addressed, Staff support the rezoning
application and recommend that the attached by -law be approved.
Respectfully submitted,
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
HB *LT *FW *km
*Attachment #1 Key Map
*Attachment #2 Proposed Site Plan
*Attachment #3 By -law
9 June 1997
Reviewed by,
W. H. S ockwell
Chief Administrative
Officer
627
REPORT PD-80-97
Interested parties to be notified of Council and Committee's decision:
Chris Cooper W. Skelding Marvin Stapleton
Cooper Fuels 26 Church Street 2100 Stapleton Road
26 Church Street Newtonville Newtonville,
Newtonville LOA 1 JO LOA 1 JO
LOA 1 JO
Dave Tabb
Jean Canty R.R. #3
13 Elgin Street Port Hope,
Hampton, Ontario L1 A 3V7
LOB 1 JO
628
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW 97-
being a By -law to amend By -law 84 -63, the Comprehensive Zoning 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 former Corporation of the Town of Newcastle to
permit the establishment of the outside storage of bulk fuel storage tanks and 400 m2
office /warehouse /transport depot (DEV 96 -062).
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Muncipality
of Clarington enacts as follows:
1. Section 6.4 "SPECIAL EXCEPTION - AGRICULTURAL (A) ZONE" is hereby amended
by adding thereto, the following new Special Exception 6.4.56 as follows:
6.4.56 AGRICULTURAL EXCEPTION (A -56) ZONE
Notwithstanding the provisions of Section 6.1 and 6.3, those lands zoned A -56 on the
Schedules to this By -law shall only be used for a farm-related
industrial use
comprising a warehouse for the storage and sale of bulk and prepackaged lubricants,
outside storage of bulk fuel, and a transport depot accessory to the use subject to the
following zone regulations:
a) Lot Area (minimum) 0.65 ha
b) Lot Frontage (minimum) 90 metres
c) Yard Requirements (minimum)
i) Front yard 27 metres
ii) Side yard 20 metres
iii) Rear yard 20 metres
d) Building Size (maximum) 400 square metres
e) Outside Storage Area (maximum) 165 square metres
f) Yard Requirements for Outside Storage Area
i) Front Yard 32 metres
ii) Side Yard 15 metres"
2. Schedule "2" to By -law 84 -63, as amended, is hereby further amended by changing
the zone category from:
"Agricultural (A) to Agricultural Exception (A -56) ".
3. Schedule "A" attached hereto shall form part of this By -law.
4. This By -law shall come into effect on the date of passing hereof, subject to the
provisions of Section 34 of the Planning Act.
By -Law read a first time this day of 1997.
By -Law read a second time this day of 1997.
By -Law read a third and finally passed this day of 1997.
Mayor
Clerk
632
This
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,
passed
this
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1997
A.D.
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