HomeMy WebLinkAboutPD-7-97DN:PD -7 -97 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
FOR
PUBLIC MEETING
Meeting: General Purpose and Administrative Committee File #b It L PKI 1061
Date: Monday, January 20, 1997 Res. # gip(] - C-�34 -7
Report #: PD-7-97 File # :DEV 96 -061
By-law #
Subject: • APPLICATIONS
PART •. • • O- • - • D- •
TAUNTON ROAD, •
DEV 96-061
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD -7 -97 be received;
2. THAT the application to amend the former Town of Newcastle Comprehensive
Zoning By -Law 84 -63 submitted by 974795 Ontario Limited on behalf of Robert
and Deborah Tafertshofer be referred back to Staff for further processing and
preparation of a subsequent report pending receipt of all outstanding comments;
and,
3. THAT the interested parties listed in this report and any delegation be advised of
Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: Robert and Deborah Tafertshofer
1.2 Agent: 974795 Ontario Limited
1.3 Application: From "Hamlet Commercial Exception (C3 -6) Zone" to an appropriate
zone permitting the development of a take -out eating establishment within the
existing building.
1.4 Site Area: 1.7 hectares (4.2 acres)
q1MMKriNVirr.
2.1 The subject lands are located at 2363 Taunton Road, on the southwest corner of
Taunton Road and Old Scugog Road, south of Hampton. The applicant's land
I
REPORT .D PAGE N
holdings total 1.7 hectares (4.2 ac). The property in legal terms is known as Part
Lot 16, Concession 4, in the former Township of Darlington.
3. BACKGROUND
3.1 On November 15, 1996, 974795 Ontario Limited filed an application on behalf of
Robert and Deborah Tafertshofer with the Municipality of Clarington to amend the
former Town of Newcastle Comprehensive Zoning By -Law 84 -63. The purposes
of the application is to change the current zoning from "Hamlet Commercial
Exception (C3 -6) Zone" to an appropriate zone permitting the development of a
take -out eating establishment within the existing building. The existing building
is known as Hampton Gardens and contains a convenience store and a nursery.
4. EXISTING AND SURROUNDING USES
4.1 Existing Uses: Convenience store and nursery
4.2 Surrounding Uses:
East: Vacant land
North: Restaurant (sit down), two motor vehicle service stations, and a gas station
West: Environmental protection area for creek
South: Rural residential
5. OFFICIAL PLAN POLICIES
5.1 Within the existing Durham Region Official Plan, the subject lands are designated
"General Agricultural Area ". Additional lands owned by the applicant which are
not subject to the application are designated "Major Open Space -
Environmentally Sensitive Area"
Section 20.4.4 of the Plan allows local Councils to permit the continuation,
expansion, enlargement of legal non - conforming uses, or variations to similar uses
at their discretion provided that such uses:
• have no adverse impacts on surrounding uses;
REPORT .D PAGE N
have regard for the Agricultural Code of Practice;
are accessible by an open and maintained public road; and,
are subject to any conditions as may be imposed through the local official
plan.
5.2 Within the Clarington Official Plan, the subject lands are designated "General
Agricultural Area ". Additional lands owned by the applicant which are not subject
to the application are designated "Environmental Protection ".
Section 23.5.4 permits the Council to recognize the continuation, expansion, or
enlargement of a legal non - conforming uses, or the variation to similar uses,
provided that the following conditions are satisfied:
• it is not feasible to relocate the existing use;
• it does not aggravate the situation created by the existing use;
® the size is appropriate in relation to the existing legal non - conforming use;
• it does not generate noise, vibration, odours, or lighting so as to cause a
public nuisance;
• the neighbouring conforming uses are adequately protected through
landscaping, screening, buffering, or other measures as may be necessary;
and,
• it shall not adversely affect traffic, access, or parking in the vicinity.
Subject to meeting the above -noted conditions, the proposal can be deemed to
conform to the Clarington Official Plan.
• Ik ly've-M-WHWIA", KOTOIN11,911MY, I k '
6.1 The subject lands are currently zoned "Hamlet Commercial Exception (CM)
Zone" which only permits a sit -down eating establishment and nursery. As the
M
REPORT , •
proposed use do not comply with the zoning by -law, an application to rezone the
property is warranted.
For Committee's information, the western portion of the property is zoned
"Environmental Protection (EP) Zone ". The application will not affect this portion
of the property as the part of the building to be used for the proposal is located
at the eastern extent of the property.
7. PUBLIC NOTICE AND SUBMISSION
7.1 Pursuant to Council's resolution of July 26, 1982 and requirements of the
Planning Act, the appropriate signage acknowledging the application was erected
on the subject lands. The required notice was mailed to each landowner within
the prescribed distance.
7.2 A telephone enquiry has been received from the owner of the restaurant at the
northwest corner of Taunton Road and Old Scugog Road. This individual has
indicated an objection to the application on the following grounds:
• site servicing will be a problem on the subject lands; and,
• the impact of an additional restaurant in the area may be detrimental to the
individual's economic situation.
7.3 As of the writing of this report, no written submissions have been received.
8. AGENCY COMMENTS
8.1 The application was circulated to solicit comments from other relevant agencies.
The Clarington Fire Department has no objections to the application.
8.2 The Clarington Public Works Department - Engineering Division has no objection
to the proposal provided that the following conditions are satisfied:
l
8.3
PAGE 5
• A site plan providing details on traffic flow, particularly for the drive -
through, must be prepared. Surface material for the parking area should
be indicated;
A lot grading and drainage plan that details the on -site storm sewer system
and the conveyance of overland flow from the site must be prepared and
sealed by a qualified engineer;
The applicant must enter into a site plan agreement with the Municipality;
The site entrance from Old Scugog Road must be upgraded to a
commercial standard. This includes boulevard paving and illumination. A
performance guarantee for these works must be prepared a qualified
engineer; and,
• The entrance to Old Scugog Road must be upgraded to the following
minimum standard:
Surface Asphalt
Base Asphalt
150 mm
300 mm
Entrance Width
Entrance Radius
40 mm HL3
50 mm HL8
Granular A
Granular B
9.0 metres
6.0 metres
The Clarington Public Works Department - Parks Division has no objection to the
proposal provided that the following conditions are satisfied:
• The applicant will be required to provide a 2% cash -in -lieu of parkland
dedication; and,
A landscaping plan must be submitted for review.
The Clarington Public Works Department - Building Division has provided the
following comments:
based on an estimated occupant load of 8 persons, a minimum of one
washroom must be available to the public;
access to the building and the washroom must be barrier -free; and,
all signage must comply to the Sign By -Law 76 -25.
605
8.5 The Durham Regional Public Works Department has no objections to the
development provided that the following conditions are fulfilled:
• a 2.569 metre road widening is required along the total frontage of Taunton
Road;
• a 0.305 metre reserve along the entire Taunton Road frontage is required,
save and except for along the eastern access point which is used;
• the western access point not being used is to be closed; and,
• a detailed site servicing plan will have to be submitted prior to issuance of
the building permit.
8.6 The Durham Regional Health Unit has reviewed the application and requires the
following information:
a site servicing plan including the location of existing and proposed wells
and private sewage systems;
• an engineering consultant's report on the proposed design of the private
sewage system to service the food premises;
• should the total daily sewage flow of the combined uses (store, takeout
restaurant, and house) exceed 4,500 litres /day, a hydrogeological report
is required pursuant to Ministry of Environment Energy B -7 or Reasonable
Use Policy; and,
detailed information on the operation of the proposed food takeout
premises pursuant to the Food Premises Regulation.
This information must be received and approved prior to approval of this
application.
8.7 The Central Lake Ontario Conservation Authority has no objections in principle to
the application. Prior to site plan approval, the applicant must submit a full site
plan as well as a site grading and drainage plan indicating sedimentation controls
and stormwater quality information.
8.8 Comments still remain outstanding from Ontario Hydro.
ME
REPORT PD-7-97 PAGE 7
9. STAFF COMMENTS
9.1 A preliminary meeting was held with the applicant to advise that site plan
drawings will be required for review and approval. These should include building
and drive - through location, grading and drainage information, on -site traffic
controls, and proposed surface material for the parking lot.
9.2 As the purpose of this report is to satisfy the requirements for the Public Meeting
under the Planning Act, and considering the number of outstanding comments,
it is respectfully requested that this report be referred back to Staff for further
processing and the preparation of a subsequent report.
Respectfully submitted,
Franklin Wu, R.P.P., M.C.I.P.
Director of Planning
and Development
RH *FW *km
8 January 1997
Attachment #1 - Key Map
Attachment #2 - Proposed Site Plan
Recommended for presentation
to the Committee
d
W.H. Stood well,
Chief Administrative
Officer
Interested parties to be notified of Council and Committee's decision:
Robert & Deborah Tafertshofer
P.O. Box 280
Hampton, Ontario
LOB 1 JO
974795 Ontario Limited
104 King Street East
Bowmanville, Ontario
L1 C 1N5
John Vanginhoven
2312 Concession Road #7
Enniskillen, Ontario
LOB 1 JO
�7
ATTACHMENT 1
SUBJECT SITE
LOT 18 LOT 17 LOT 16 LOT 15
Lo
z
� o
N
W
U
i z
O
U
EG ON 0 D 4 AUNT N-0
to
w p � o O LL
w W
ii 7 Q
w w 0
� � Z
v
ur
cr- U
i
0
DC3�EYMpap� DEV. 96 -061
We
ATTACHMENT 2
F BET IYEEN CONCESSIONS 4 on d
-j-A
u A/ R 0 ,4 d
7n ` Z deP o sd o cd as /n s 1. N" 7697 i
REFERENCE BEARING
c� N 71.5 i ?- �'F =e
S�1
J38.'52!( M ) I ( 33dV101 Vkl )I I I
(1006) SIB (1106) w B
33.'00 us GRnss I �yas4lr�G. rq to (I 06)
( P3 b m
cq
t--�,,ri -n G
,__NORTHWEST ANOLF 56.03 x
SOT 16, CON, 4
( storey I- fAMfTh� 0 tr
' WfF1'� aluminum clad G "RIFT 60.
�xls�I�u
building �V
M
ICL
l�
N
to
•
v
0
• N
N
1W
i z
v
O "
Q.-
0
C �
v o
N
• 0
3
v
s0
z
W
'C7
C:
C7
Q)
L,
F-
„ r
S
pCLIV 5
o
CU
rn
O)
N
C)
Nto
12
N
from* dr•Iling 41,'70
Mun,
N' 4850
IB (1006)
co
M
Ln
tic
M M
C
rti 4
[J
z
F-
„ r
S
pCLIV 5
N 71058'40 "E (M) 200'73(P4 QM)
((�
G am'$
PIa
A 'ILIA
( N 71053'2d' E P4 1 SIB
+✓� • Q
^
0006)
12
.tor.y 40,'50
from* dr•Iling 41,'70
Mun,
N' 4850
IB (1006)
co
M
Ln
�n■
M M
c
r
G
7,
V)
.Z
t • • 1 •
609
N 71058'40 "E (M) 200'73(P4 QM)
( N 71053'2d' E P4 1 SIB
^
0006)
1NST. 1\1 1 >8425 N 00
'f
v
C
rti 4
[J
N
• .
°"
°
!c Q
-o -v
•
J
0
v
M
N 71.53'20' E 235.'08 ( P4 & u 1
19 0 (1006)
------ _____-
WIT _
0.'96 $S18
N
—
( P4 d ,ot) (1006)
a "
3
�
). 0
'�
IhIC�T t.l• t.�c�t���
t • • 1 •
609