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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. 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