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Home My WebLink AboutPD-38-96DN:DE96- W3.GPTHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON 9 • PUBLIC MEETING Meeting: General Purpose and Administration Committee File Date: Monday, March 18, 1996 Res. #�1- �c� -%.96 Report #: PD -38 -96 File #: DEV 96 -003 By -law # 9�2 ` �8 Subject: REZONING APPLICATION APPLICANT: 974795 ONTARIO LIMITED 3367 HIGHWAY 35/115 FILE NO.: DEV 96 -003 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -38 -96 be received; 2. THAT the request submitted by 974795 Ontario Limited for a zoning amendment within Part of Lot 28, Concession 3, former Township of Clarke be APPROVED; 3. THAT the attached by -law be passed; 4. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: 974795 Ontario Limited 1.2 Agent: 1.3 Zoning 1.4 Area: Doug Humphrey From "Service Station Commercial Exception (C6 -4)" to an appropriate zone in order to recognize an eating establishment as a permitted use without the required motor vehicle fuel bar. .37 hectares 5 J1 REPORT NO.: PD -38 -96 PAGE 2 c� -• 2.1 The subject lands are located on the east side of Highway 35/115 approximately 680 metres (2230 feet) north of Concession Road 3 and are known municipally as 3367 Highway 35/115. 2.2 The Municipality's Senior By -law Enforcement Officer was approached in December of 1995 by the tenant of the existing eating establishment regarding the non - compliance of the site with the Municipality's Comprehensive Zoning By -law 2.3 The current zoning on the property (C6 -4) would permit an eating establishment as an accessory use only if a motor vehicle fuel bar were operating on the same site. The motor vehicle fuel bar had been closed since the fall of 1995 and the eating establishment had therefore, been operating in contravention to By -law 84- 63 since that time. However, staff note that the eating establishment has recently ceased operations on the subject lands. 2.4 After contacting the property owner, staff were subsequently advised, by the applicant, that his intentions were to amend the zoning on the property in order to recognize an eating establishment as a permitted use instead of it's current status as an accessory use to the motor vehicle fuel bar. The approval of the request would allow an eating establishment to operate in the winter months when the motor vehicle fuel bar would be closed. 3. PUBLIC NOTICE AND SUBMISSIONS 3.1 A Public Notice sign 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 has not received any written submissions with respect to the proposal. However, the 502 REPORT PD-38-96 PAGE 3 Planning and Development Department did receive one (1) telephone inquiry from an abutting property owner who requested more detailed information with respect to the proposal. 4.1 Within the Durham Regional Official Plan, the subject property is designated Permanent Agricultural Reserve. Section 12.3.2 of the Regional Official Plan states that lands designated Permanent Agricultural Reserve shall be to restricted to agricultural and farm related uses. Neither a motor vehicle fuel bar or an eating establishment are identified as permitted uses. 4.2 However, Section 20.4.4 of the Regional Official Plan states that local municipalities may pass a zoning by -law to allow the continuation, expansion or enlargement of uses which do not conform to the designations and provisions of the Regional Official Plan. The Regional Planning Department has verbally advised that the proposal can be considered to be in conformity with the Regional Official Plan. 5. ZONING BY -LAW COMPLIANCE 5.1 Within Comprehensive Zoning By -law 84 -63, as amended, of the former Town of Newcastle, the subject property is zoned Service Station Commercial Exception (C6 -4). Although, the current zone category permits both a motor vehicle fuel bar and an eating establishment, the by -law stipulates that the eating establishment can only operate if a motor vehicle fuel bar is also in operation. The applicant intends to amend the by -law to allow an eating establishment as a permitted use instead of it's current status as an accessory use to the motor vehicle fuel bar. As previously noted, the approval of the request would allow an eating establishment to operate in the winter months when the motor vehicle fuel bar would be closed. REPORT ► •►1li -► 6.1 In accordance with departmental procedures, the application has been circulated to obtain comments from other departments and agencies. Comments were received from the Regional Planning Department, the Regional Health Department, the Fire Department and both the Engineering and Parks divisions of the Public Works Department. None of the aforementioned agencies provided objectionable comments with respect to the proposal. 7. STAFF COMMENTS 7.1 The application has been reviewed within the context of the Regional Official Plan, the Comprehensive Zoning By -law and the nature of the development along Highway 35/115. Staff are of the opinion that the addition of an eating establishment as a permitted use without a motor vehicle fuel bar would have little or no impact upon the surrounding properties. In addition, staff note that other properties in the surrounding area have similar zone provisions to those sought by the applicant. 7.2 The attached By -law provides a special exception to the Service Station Commercial (C6) zone to recognize both a motor vehicle fuel bar and an eating establishment as permitted uses. 8. CONCLUSION 8.1 In consideration of the comments contained within this report, Staff recommend approval of the attached zoning by -law amendment, as applied for. `r O r� REPORT •- PAGE 5 Respectfully submitted, k Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development WM *FW *df 6 March 1996 Attachment #1 - Key Map Attachment #2 - Subject Property Reviewed by, W.H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Doug Humphrey c/o 974795 Ontario Limited 104 King Street East Bowmanville, Ontario. L1 C 1N5 k dcxm ATTACHMENT +2 m THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON IWAI being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for 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 Town of Newcastle to implement DEV 96 -003. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 21.4 "Special Exception - Service Station Commercial (C6)" zone of By -law 84 -63, as amended, is hereby further amended by adding the following new subsection 6.4.10: "6.4.10 SERVICE STATION COMMERCIAL EXCEPTION (C6 -10) ZONE Notwithstanding Section 21, 1, those lands zoned C6 -10 on the schedules to this By -law may, in addition to the other uses permitted in the C6 zone, be used for an eating establishment." 2. Schedule "2" to By -law 84 -63, as amended, is hereby further amended by changing the zone category from: "Service Station Commercial - Special Exception (C6 -4)" to "Service Station Commercial - Special Exception (C6 -10) ". 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 1996. BY -LAW read a second time this day of 1996. BY -LAW read a third time and finally passed this day of 1996. MAYOR 5*94-101 ME This is Schedule "A" to By —law 96— $ passed this day of , 1996 A.D. LOT 28 28 27 4 N 72e 53'30 ' E 60.96 }—I 0 iiiJ: N1�: Y.!H::M!!v .::.....:........:::: ::v::::::::::.::.�:::::::::: ::•:::: niii:i�i........... T Ui I Q 9 � ii LO I Z 0 < O O ° W M IIII oo z Ui 4 o O z I U ON o Z Q z Z O to / :I _N CONCESSION tiNr::: >: >; ROAD 3 Aq t . LLJ " U Z Q o to O _ O i3: Lo N e U M o •: z z ........................................ ............................... . :i. N72e53'30 "E 60.96 >-I n ZONING CHANGE FROM 1t C6 -411 TO " C6 -10 0 10 20m 20m 15 10 5 0 Mayor Clerk 30 29 28 27 4 0 0 Ui I Q 9 � LO I Z 0 < O _ (U n ° W IIII oo z Ui 4 o O z I U ON o z ULL / :I _N CONCESSION CLARKE ROAD 3