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Home My WebLink AboutPD-131-96DN:BERK.GPA THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT PUBLIC MEETING t0) .CTfl , fi4,c�0 Meeting: General Purpose and Administration Committee File # )a ,0�14 Date: Monday, October 7, 1996 Res. # o� Report #: PD- 131 -96 File #: DEV 94 -054 (X -REF: OPA 94- 007 /D) By -law. #'J Subject: REZONING AND SITE PLAN APPLICATION PART LOT 28, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 94 -054 (REVISED) (X -REF: OPA 94- 007 /D) :-..uu -i It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 131 -96 be received; 2. THAT the Revised Application to amend the Comprehensive Zoning By -law 84 -63 of the former Town of Newcastle, as amended, submitted by Alan Berk on behalf of W.E. Roth Construction Limited be referred back to Staff for further processing and preparation of a subsequent report 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: Alan Berk 1.2 Owner: W.E. Roth Construction Limited 1.3 Rezoning: From "Agricultural (A)" to a zone appropriate to permit the development of a gas bar with a kiosk. 1.4 Regional OPA: From "General Agricultural Area" to a designation appropriate to permit the above. 1.5 Area: 1.471 ha (3.635 acres) ■ � � 1. � ■, •• � � I 2. BACKGROUND 2.1 On October 21, 1994, the Planning and Development Department received an application to amend Zoning By -law 84 -63 in order to permit the development of a gas bar with a kiosk and a 600 square metre building for an eating establishment and a convenience commercial use. On November 10, 1994, the Planning and Development Department was advised, by the Region of Durham, of a Regional Official Plan Amendment to permit the above development. A Public meeting was held and there were considerable objections to the proposal. In July 1996, the applicant revised the rezoning application to delete the 600 square metre building housing the eating establishment and the convenience commercial use. However, the land area remains unchanged. 2.2 The proposal is situated on a 1.471 hectare (3.635 acre) parcel of land located immediately northeast of the Courtice Road /Bloor Street intersection. The more formal location description is Part Lot 28, Concession 2, former Township of Darlington. The subject parcel of land is part of a much larger property with the municipal address of 2149 Courtice Road. There will be access from both of the intersecting streets. 3. PUBLIC NOTICE AND SUBMISSIONS 3.1 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. 3.2 As a result of the public notification process, the Planning and Development Department has received two (2) counter inquiries, one (1) telephone inquiry and written submissions from forty one (41) households. One counter inquiry from a 602 member of Ebenezer United Church, was a request for more information about the revised application and comments that were critical of the proposal. The telephone inquiry was from a new trustee for the same church with a request to be a replacement name on the Interested Parties List. The second counter inquiry was from a couple that lived nearby. They were critical of the proposal for many reasons. The written submissions from the forty one (41) households emphasize the contradiction between the proposal and the designations for the site, and the lack of a need to have a gas bar at that particular site. 4. OFFICIAL PLAN CONFORMITY 4.1 Within the Durham Regional Official Plan, the subject land is designated as "General Agricultural Area ". Lands so designated shall be used predominantly for agriculture and farm - related land uses. The proposed land use does not conform to this designation, hence the Regional Official Plan Amendment application. 4.2 Within the Council Clarington Official Plan as adopted by Council on January 29, 1996, the subject land is designated "General Agricultural Area ". Service Stations are permitted only in urban land use designations. However, the land use designation and related policy Section 10.10 (Service Stations) was deferred by Regional Council as it related to OPA 94- 007 /D. 5. ZONING BY -LAW COMPLIANCE 5.1 Within Comprehensive Zoning By -law 84 -63 of the former Town of Newcastle, as amended, the subject land is zoned "Agricultural (A) ". This zone permits agriculture and a variety of other extensive land uses such as conservation, forestry, commercial kennels, fur farms and riding stables. However, the proposal, which is a gas bar, is not a permitted use, hence the rezoning application. M 6. AGENCY COMMENTS 6.1 The rezoning and site plan applications were circulated to various agencies and other departments by the Planning and Development Department. Comments received to date are as follows; • Clarington Fire Department had no objection. • Clarington Economic Development Office had no comment. Clarington Public Works Department- Engineering Division had thefollowing comments. An 8.0 metre road widening, to be dedicated to the Municipality, is required on Bloor Street. The required road widening must be dedicated, free and clear of any encumbrances, to the Municipality. The Owner will be responsible for providing illumination for any proposed entrances onto Bloor Street. The Applicant's Engineer will be required to prepare a Grading and Drainage Plan that details the configuration of the on -site storm sewer system (minor system) and the conveyance of the overland flow (major system) from this site. The Applicant will be responsible for the cost of designing and reconstructing, on Bloor Street (roadside), the outfall ditch (roadside) which facilitates the future drainage of the proposed development and provides a "local service connection ". The details of the design and construction of these works shall be prepared by the Applicant's Engineer and submitted to the Director of Public Works for approval. The Applicant must deposit with the Municipality, in an amount approved by the Director of Public Works, a performance guarantee which covers the cost of reconstructing the outfall ditch, and servicing and connecting the drainage from the proposed severances to an approved outfall. The Applicant must enter into, with the Municipality, a development agreement which includes all requirements of the Public Works Department regarding the engineering and construction of all internal and external works and services related to this site plan. REPORT NO.: PD-131-96 PAGE 5 The Applicant will be required to make application for property access in conjunction with this proposal. The Applicant is responsible for any costs necessary to facilitate the construction of an entrance from the subject property to Bloor Street. The cost of providing a connecting access may include utility relocation, culverts, ditching, restoration, etc. The Applicant will also be responsible for the illumination of this entrance. - The entrance to the subject property must be constructed to the following minimum standard: Surface Asphalt - 40 mm HL 3 Base Asphalt - 50 mm HL 8 150 mm Granular A 300 mm Granular B Entrance Width - 9.0 metres Entrance Radius - 6.0 metres Barrier Curb - as per N -501 A performance guarantee estimate is required for the external works, listed below, which form a connection to the development. The Applicant's Engineer is responsible for providing this estimate. 1. Entrance construction; 2. Entrance illumination; and 3. Roadside ditch reconstruction. All works and services must be designed and constructed in accordance with the Municipality of Clarington Design Criteria and Standard Drawings, provisions of the Municipality Development By- law #92 -015 and all applicable legislation, and to the satisfaction of the Director of Public Works. That the Applicant meet all the requirements, financial or otherwise, of the Public Works Department. • Clarington Public Works Department -Parks Division stated the 2% parkland dedication requirement is to be accepted as cash -in -lieu and the funds realized credited to the Parkland Reserve Account and that an approved landscape plan be developed. 9J J • The Regional Planning Department stated that any comments made about the rezoning and site plan prior to the Region's decision on OPA 94 -007 /D would be premature. • The Regional Works Department reiterated their comments of December 8, 1994, which stated the following. Municipal water and sanitary sewer services are not readily available to the site and that there are no plans to change this situation. Therefore, private wells and septic systems will have to be used. Bloor Street has been identified as a future Type "A" arterial road in the Regional Official Plan and therefore, Clarington should acquire an 8.22 metre road widening across the total Bloor Street frontage. Regarding Courtice Road, the applicant should convey sufficient road widening to the Region to provide for 18 metres from the centreline of the right -of -way. Ultimately, this intersection will be reconstructed with raised centre median islands and then, access to both Bloor Street and Courtice Road will be restricted to right -in, right -out operation only. The applicant will be required to submit six copies of detailed site servicing plans to the Region for entrance approval prior to the issuance of a building permit. Based on the foregoing, the Department had no objection to the further processing of the application. • The Regional Health Department had no objections to the proposal but, did require a site plan showing tile bed location and design. • Comments remain outstanding from: - Central Lake Ontario Conservation Authority; - Ontario Hydro; - Bell Canada; - Consumers Gas. i i l � 1 • • 7. STAFF COMMENTS 7.1 Subsequent to the receipt of all outstanding comments, staff will evaluate the proposal and determine its merits, if any, which justify an amendment to the Regional Official Plan. A report will then be prepared for the consideration of the General Purpose and Administration Committee at a later date. 7.2 As the purpose of this report is to give the status of the application for the Public Meeting. In view of the outstanding comments, it would be in order to have the application referred back to staff for further processing. Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development BR *LT *FW *df 24 September 1996 Attachment #1 - Key Map Attachment #2 - Site Plan Reviewed by, W.H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Robert E. Young Oleh Semen Stasyszyn 2131 Courtice Road Roberta Marie Stasyszyn COURTICE, Ontario 1863 Bloor Street East U E 2M8 COURTICE, Ontario L1 E 21VI9 6017 REPORT •D •. PAGE 8 Tony & Zena Baksh 2101 Courtice Road COURTICE, Ontario L1 E 2M8 Jim & Carol Quirk 2207 Hancock Road COURTICE, Ontario L1 E 2M3 Dean & Marjorie Worden 1218 Trulls Road COURTICE, Ontario L1 E 2S4 Ralph & Morgan E. Buzza 2252 Courtice Road COURTICE, Ontario L1 E 2M8 Mr. & Mrs. John Barnes 2173 Baseline Road R. R. #2 BOWMANVILLE, Ontario L1 C 3K3 Marie and Edmund Adams 41 Inglis Avenue COURTICE, Ontario L1 E 2G7 Terry Robert & M.A. Ormiston Southview Farms 1738 Bloor Street COURTICE, Ontario L1 E 2N1 Brian & Betty Ormiston 1594 Courtice Road COURTICE, Ontario L1 E 2N1 Margot Top Group 8, Box 34, R.R. #6 BOWMANVILLE', Ontario L1C 3K7 Carolyn A. Metcalf Neil Metcalf 1849 Bloor Street COURTICE, Ontario L1 E 2M9 Majorie Tink & Walter Tink 64 Clayton Crescent BOWMANVILLE, Ontario L1 C 4N8 Patricia Jermey 65 Hemmington Drive COURTICE, Ontario L1 E 2E6 Jack & Shirley Locke 10 Maryleah Court BOWMANVILLE, Ontario L1 C 4H4 William & Frances Andrew 1987 Bloor Street, R.R. #2 BOWMANVILLE, Ontario L1 C 3K3 Ken & Janet Spencer 82 Centrefield Drive COURTICE, Ontario L1E 1K6 Ms. Elliott 20 Robert Adams Drive COURTICE, Ontario L1 E 1V8 William Reid & Evelyn Reid 1776 Bloor Street COURTICE, Ontario L1 E 2M9 Fay A. Henry 1711 Bloor Street COURTICE, Ontario UE 2N1 Richard Hughes & Charlotte Hughes 1786 Bloor Street COURTICE, Ontario L1 E 2M9 r p Sadie M. Courtice 2433 Courtice Road COURTICE, Ontario L1 E 2MB Libby Racansky 3200 Hancock Road COURTICE, Ontario L1 E 2M1 Margaret G. Down 10 -155 Glovers Road OSHAWA, Ontario L1 G 7A4 Larry Smith & Dorothy Smith 122 Centrefield Drive COURTICE, Ontario L1E 1L4 Ken & Edna Pamment 2165 Courtice Road COURTICE, Ontario. L1 E 2V6 L1 E 2MB L. A. Clement Carol Clement 2231 Hancock Road COURTICE, Ontario L1 E 2M3 Robert Merrin 21 Living Court COURTICE, Ontario Alex Buksa 2265 Hancock Road COURTICE, Ontario L1 E 2M3 Monica Johns 1718 Nash Road COURTICE, Ontario L1 E 21-8 Gwendolyn E. Muir 1775 Highway No. 2 COURTICE, Ontario L1 E 2M4 Tony Persaud 3091 Courtice Road COURTICE, Ontario L1 E 2MB Don Goyne 14 Jackman Road BOWMANVILLE, Ontario L1 C 2C9 Elaine Kinsman 1725 Bloor Street COURTICE, Ontario L1 E 2N1 Gay Property Management 103 Athol Street East OSHAWA, Ontario. L1 H 1J8 Richard Hughes, Representative Board of Stewards Ebenezer United Church 1669 Courtice Road COURTICE, Ontario L1 E 2P9 W.E. Roth Construction Ltd 1500 Highway No. 2 COURTICE, Ontario L1 E 2T5 Mr. & Mrs. Bryan Staal 1788 Bloor Street COURTICE, Ontario L1 E 2M9 609 ••n • '� •. Raymond Osborne Ebenezer United Church 1775 Bloor Street Board of Stewards COURTICE, Ontario c/o Kay Moore L1 E 2M9 9 Church Street BOWMANVILLE, Ontario Al Canfield L1 C 1S2 2181 Courtice Road COURTICE, Ontario Wesley J. Oke L1 E 2M8 25 Oke Road COURTICE, Ontario Donald C. George L1 E 2V1 1040 Beaufort Avenue OSHAWA, Ontario Mrs. Gladys Short L1 G 1G6 2115 Courtice Road COURTICE, Ontario I. Pegg L1 E 2M8 55 White Cliff Drive COURTICE, Ontario Gordon A. Vinson Li E 1T2 22 Old Kingston Road COURTICE, Ontario L1 C 3K7 Jean B. McKnight • � tT�I�1 Wally McKnight W.S. Paterson 1719 Darlington Park Rd. Noreen Paterson COURTICE, Ontario 1909 Bloor St. East L1 E 2P7 R.R. #2 s BOWMANVILLE, Ontario. L1C 3K3 Mr. & Mrs. Wesley Down 726 Townline Rd. South Mr. Lloyd Down R.R. #4 Mrs. M. Eileen Down OSHAWA, Ontario 1687 Baseline Road West L1 H 7K6 COURTICE, Ontario L1 E 2S6 1 • Bernice L. Pearce W. Sauderson 1883 Bloor Street Eileen A. Sauderson R.R. #2 87 Kingswood Drive BOWMANVILLE, Ontario COURTICE, Ontario L1 C 3K3 L1 E 1Z3 Alan Berk Jim Turk 650 King Street East 2207 Hancock Road OSHAWA, Ontario L1 H 1G5 COURTICE, Ontario L1 E 2M3 011111 1,1111111111 -� •. Ebenezer United Church Barbara Popodyn Trustees 1895 Bloor Street c/o Rae Pickell COURTICE, Ontario. 1464 Courtice Road L1 E 2M9 COURTICE, Ontario L1 E 2M8 Mr. and Mrs. T. Peoples 29 Longwood Court Doug Schneider COURTICE, Ontario. 416 Taunton Road West L1 E 1R9 R.R. #1 OSHAWA, Ontario Bernice Gay L1 H 7K4 300 Mary Street Apt. 310 Roy V. and Beverly A. Balson OSHAWA, Ontario. 131 Easthaven Street L1 G 5C7 OSHAWA, Ontario. L1 G 6K4 Alex L. Muir 1805 Highway 2 Mr. H.F. and Mrs. A.C. Preston COURTICE, Ontario. 869 Grandview Drive South L1 E 2M4 OSHAWA, Ontario. L1 H 8G9 Elmer and Margaret Down R.R. #4 OSHAWA, Ontario. L1 H 7K6 K. Hawke 163 Labrador Drive OSHAWA, Ontario. L1 H 7E4 John, Marlene and Glenn Waters 1882 Bloor Street East R.R. #2 BOWMANVILLE, Ontario. L1 E 2M9 Wayne and Pat Beckett 6705 Holt Road BOWMANVILLE, Ontario. 611 PAGE 11 ATTACHMENT #1 SUBJECT SITE LOT 30 LOT 29 LOT 28 LOT 27 ffi N Z O co (li w U Z O U B OOR REET o ° o orwy z ry Li Y (� co J � � p w ry D Z Z U = O U 9 D 94 -054 OPA 94 -007 /D 612 ATTACHMENT #2 OVI y a uv � m�$ 'n_ $ m � Q J 2 roY F O N Q) A LkQ co (Z) R, j Q) A, A LL LL, O -,j LLJ Lij .k Lli . l LU zn 0 0 0 (PIX I 0 1 0 4: jR LO Hinos cIV08 f 30u8noo rn Lu 613