The URL can be used to link to this page

Home My WebLink AboutPD-8-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: PD -8 -97 REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File #� Date: Monday, January 20, 1997 Res. #�— %] - �I �-ir ' REZONING Report #: PD-8-97 File #DET 96-062 By-law iV • COOPER PART LOT • •• MER TOWNSHIP OF 4383 HIGHWAY #2 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 -8 -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 Chris Cooper be referred back to Staff for further processing and the preparation of a subsequent report, taking into consideration all of the comments reviewed and 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: Chris Cooper, Cooper Fuels 1.2 Owner: Robert and Madeline Reed 1.3 Rezoning: From Agricultural (A) to a zone appropriate to permit the outside storage of bulk fuel storage tanks and a 372 m2 office /warehouse /transport depot 610 REPORT PAGE 2 1.4 Area: 0.70 hectares 2. LOCATION 2.1 The subject parcel is located in part of Lot 12, Concession 1 former Township of Clarke. The municipal address is 4383 Highway #2. The site is located approximately 350 metres (1150 feet) from the western limits of the Hamlet of Newtonville, on the south side of Highway #2. The nearest residence is located approximately 100 metres to the west. 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 to have 6 fuel tanks having a total capacity of 6000 litres. The application was then circulated to the appropriate agencies for comment. 3.2 The lot which the proposal is sited has not yet been created. It is the applicants wish to establish the use through rezoning before applying to Land Division Committee for creation of the lot. He is also delaying submission of a site plan application until a decision is made with respect to this rezoning application. 4. EXISTING AND SURROUNDING USES 4.1 Existing Uses: farmland 4.2 Surrounding Uses: East - farmland West - farmland South - farmland and a forested area North - farmland M 5.1 Within the Durham Region Official Plan, the subject lands are designated "Major Open Space" and shall be used for conservation, recreation, reforestation, agriculture and farm - related uses. Amendment No. 21 to the Durham Region Official Plan was recently adopted by Regional Council. This amendment provides for the establishment of farm - related industrial uses in Agricultural Areas which support and directly service agriculture and which require locations in proximity to farm operations. The Region has stated that in their opinion this is an Employment use and does not conform to the Durham Region Official Plan. 5.2 The subject lands are designated "Green Space" within the Municipality of Clarington Official Plan. Lands designated as such shall be for conservation and active or passive recreational uses. Section 14.5.1 states "Farm- related commercial /industrial uses are permitted in accordance with Section 13.3.6 ". Section 13.3.6 states "Farm- related industrial /commercial uses include grain drying, bulk storage and the sorting of produce, farm co- operatives, livestock sale barns, abattoirs, animal husbandry services, and farm machinery sales and repair ". Both of these sections have been deferred for further consideration by the Region of Durham pending Ministerial approval of Amendment #21 to the Regional Official Plan. 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. On this basis, staff is prepared to accept the proposed use as an agriculturally related industrial use in conformity with the Clarington Official Plan. 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 6 12 farm purposes. The use proposed is not permitted, hence the application for amendment to the Comprehensive Zoning By -law. 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. 7.2 At the time of writing this report, Staff have not received any comments, verbal or written, from area residents regarding this application. The applicant has advised Staff that he has talked to his immediate neighbours regarding this proposal. 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 Clarington Fire Department had no objection to the application, but note that fire regulations are expected to change this year and this may have an impact on the bulk storage tanks. Mr. Cooper has been advised of the Fire Department's comments. 8.3 The Clarington Works Department has requested that a Site Grading Plan be submitted to the satisfaction of the Director of Public Works. The applicant must also provide a dedication of 2% cash -in -lieu of parkland. 8.4 The Ganaraska Region Conservation Authority had no objection to the application but noted that concerns with stormwater and spillage are handled by the Ministry of Environment and Energy. The Region has assumed many of this Ministry's REPORT NO. PD-8-97 responsibilities and notes that this concern will be dealt with through the certificate of approval procedure required for the storage and handling of fuel. 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 and private sewage systems. The applicant has been made aware of this request. 8.6 Comments have yet to be received from the Durham Region Works Department. 9. STAFF COMMENTS 9.1 Mr. Cooper has been advised of the Region's comment regarding non - conformity to the Regional Official Plan and he has told municipal staff that he will be meeting with Regional Planning Staff to discuss this matter. 9.2 In a previous meeting with Mr. Cooper, staff have advised him that the bulk fuel tanks should be stored underground. This would be in keeping with similar requirements for past developments, notably Harrison Fuels in Bowmanville. 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. 614 . 0 Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development HB *FW *km *Attachment #1 - Key Map *Attachment #2 - Site Survey 13 January 1997 Reviewed by, , � -/ - 1�/ Af , Lrl-, :� W.H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision; Chris Cooper Cooper Fuels 26 Church Street Newtonville LOA 1 JO I iq II II II II II II II vl I �--I I Gila Q I I d- i o f i� i? I o �? I w — z 1 vll II II 100 I RKE AN ATTACHMENT #1 LOT 12 LOT 11 0 Q ROAD 2 II I Q Ui Z I I �— ol'z W 0I I¢ Z i IN � HIGH AY Q I I� 401 0 0 V) <1 1u) I I I W —ter 1p i i I L Z Eli I W I ►► p Z I IM I I L (� Zllm I II III I II "II I II II I II II I II CONCESSI ROAD 11 I L 4 o DEV, 96 -062 'e • SKETCH rn #2 OF PART OF LOT 12 CONCESSION 1 ATTACHMENT TOWNSHIP OF CLARKE, now in the MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM SCALE — 1 : 5000 (METRIC) 0 I k-.*— F N. E. ANGYE GSA /a/ � �' 4 � - No. 164.95 R-304.169 A-53.840 R-71l-656 91-44 130.96 27��-�5 T 0 ' * "' - . _ _7�� -98 - – —4--- 119 I$ c� 1f1Z41V49 E�ll / 91.44 LTO BE SEPARATED & REZONED AREA = 6968 sq.m. LOT 12 LOT 11 RETAINED BY APPLICANT AREA = 37.2Iha. 33*5 CONCESSION [4 ' 80.29 7.47 ----4 1 208.37 14=0 S 111011W,4,K No 401 IMAWPI f1Y OCTOBER 8, 1996. BROWN & COGGAN LTD. ONTARIO LAND SURVEYORS 1 DIVISION STREET , SUITE 'E3' BOWMANVILLE , ONTARIO (905)623-7251 LlC 2Z2 "I -�(,Al F I -'T-11 F* No 31 I 1960913—', Q)