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Home My WebLink AboutPD-4-95Meeting: General Purpose and Administration Committee File # DL p� � Q4 -6�, Date: Monday, January 23, 19 9 5 Res. 4C2 EA _ gL4 PD -4 -95 DEV 94 -054 By -Law # Report #: File #: - Subject: REZONING APPLICATION - W. E. ROTH CONSTRUCTION LIMITED PART LOT 28, CONCESSION 21 FORMER TOWNSHIP OF DARLINGTON FILE: DEV 94 -054 (X -REF: 94- 007 /D) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -4 -95 be received; 2. THAT 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: 1.3 Rezoning: 1.4 OPA: 1.5 Area: 2. LOCATION W.E. Roth Construction Limited from "Agricultural (A)" to a zone appropriate to permit the development of a gas bar with a kiosk and a 600 square metre structure for an eating establishment and a convenience commercial use. from "General Agricultural Area" to a designation appropriate to permit the above. 1.47 ha 2.1 The subject lands are located in Part of Lot 28 Concession 2, ....2 REPORT NO. PD -4 -95 PAGE 2 former Township of Darlington. More specifically, the lands are situated at the northeast corner of Courtice Road and Bloor Street. Although the subject land holdings are much larger (40 ha), the development is proposed on a 1.47 ha area having frontage on both Courtice Road and Bloor Street. 3 BACKGROUND 3.1 On Oct 21, 1994, a zoning amendment application was received. On November 10, 1994, Staff received notice from the Region of Durham that an Official Plan Amendment application had been received. After receipt of this information Staff scheduled the Public Meeting. 4 EXISTING AND SURROUNDING USES 4.1 Existing Uses: Agricultural 4.2 Surrounding Uses: East - Rural Residential West - Agricultural South - Rural Residential and Ebenezer United Church North - Rural Residential 5 OFFICIAL PLAN POLICIES 5.1 As this parcel is located within the rural area of Clarington, our Official Plan is currently not applicable. Within the 1991 Durham Region Official Plan the subject lands are designated "General Agricultural Area ". Lands so designated shall be used predominantly for agriculture and farm - related uses. This type of use is not permitted in this designation. 6 ZONING BY -LAW PROVISIONS 6.1 According to the Comprehensive Zoning By -law 84 -63 of the former Town of Newcastle, the lands are zoned "Agricultural (A) It. Lands so zoned shall be used predominantly for agricultural purposes. The proposed use is not permitted within this zone and as such a zoning amendment application has been made. ....3 5 '1 Z 7 PUBLIC MEETING AND SUBMISSION and 7.1 Pursuant to Council's Resolution of July 2 e r� appropriate 1982 and th the requirements of the Planning Act the app p 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 A number of letters of objections have been received i drwith respect to this application. The following is the issues raised. Residents believe that the establishment of this use is inappropriate in this location and that it is not compatible with the surrounding land uses. A number of residents noted that preservation of agricultural land is important and that this type of development should be located within the urban area. Some residents stated that this area is subject to a very high water table and that this development may impact the water supply of nearby residents and the church and they wondered how this site can be adequately serviced. A concern was raised with respect to the traffic impact and if this development would conflict with the 401 - 407 connecting link. 8 AGENCY COMMENTS application 8.1 In accordance with departmental procedures, the app was circulated to obtain comments from other departments and agencies. The following departments/ agencies in providing comments, offered no objection to the application as filed: Municipality of Clarington Fire Department Consumers Gas 8.2 The Municipality's Community Services Department had no objection to the application provided that 2% cash -in -lieu of parkland be provided to the Park Reserve Account. ....4 1 IJ REPORT NO. PD -4 -95 PAGE 4 8.3 Clarington's Public Works Department stated that an 8 metre road widening would be required along the Bloor Street frontage and that the owner will be responsible to provide illumination of the Bloor Street entrance. All costs associated with construction of an entrance will be the responsibility of the applicant. Also, the applicant will be responsible for the cost of designing and reconstructing the outfall ditch located on Bloor Street in order to facilitate the drainage of the proposed development. Lastly, a grading and drainage plan detailing the configuration of the on -site storm sewer system (minor system). and the conveyance of the overland flow (major system) from the site is required to be submitted to the approval of the Director of Public Works. 8.4 The Region of Durham Works Department have requested that a road widening along the Courtice Road frontage be dedicated to the Region in order to provide for 18 metres from the centreline of the right of way. They note that when the Bloor Street - Courtice Road intersection is reconstructed, access to this development will be right - in, right - out only. 8.5 Durham Region Health Department have withheld detailed comments until such time as approval from the Ministry of the Environment and Energy regarding their Reasonable Use Policy has been received. They do, however, require the submission of a detailed site servicing plan and design report for the proposed sewage disposal system. 8.6 The Central Lake Ontario Conservation Authority requires that a commitment to initiate a Master Drainage Plan /watershed Plan for Tooley Creek be made. Until such time as this decision is made, this application can not be supported by the Authority. 8.7 The Ministry of Agriculture and Food can not support the ....5 !r4 REPORT NO. PD -4 -95 PAGE 5 application as it is their belief that the proposed use would be more suited to an urban area or a non - agricultural designation. 8.8 Bell Canada advised that they have cables and other facilities located on or near the site. 9 CONCLUSION 9.1 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 and required revisions. Respectfully submitted, ( _Q_'_ , '' � Franklin Wu, M.C.I.P. Director of Planning and Development HB *FW *cc Attachment #1 - Key Map Attachment #2 - Site Plan 13 January 1995 Reviewed by, W. H. Stockwell � Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: W.E. Roth Construction Limited 1500 Highway No. 2 Courtice, Ont. L1E 2T5 Alan Berk 650 King St. East Oshawa, Ont. L1H 1G5 William C. Reid 1776 Bloor St Courtice, Ont L1E 2M9 Margot Top Group 8, Box 34, R. R. #6 Bowmanville, Ont L1C 3K7 JU5 REPORT AO. PD-4-95 PAGE 6 Carolyn A. Metcalf Neil Metcalf 1849 Bloor St Courtice, Ont. L1E 2T5 Fay Henry 1711 Bloor St Courtice, Ont L1E 2N1 Marjorie Tink Walter Tink 64 Clayton Cres. Bowmanville, Ont. L1C 4N8 Patricia Jermey 65 Hemmington Dr., Courtice, Ont. L1E 2C6 Margaret G. Down 10 -655 Glovers Rd. Oshawa, Ont L1G 7A4 Monica Johns 1718 Nash Road Courtice, Ont. L1E 2L8 Richard Hughes Charlotte Hughes 1786 Bloor St Courtice, Ont. L1E 2M9 Sadie M. Courtice 2433 Courtice Road Courtice, Ont. L1N 2M8 ATTACHMENT #1 D-EVm 94 D7) 0 5 4 *P& 94 007/1v C= U] 0� Q O a LL-I U i CL O Ui ROAD �•1.� Cvl-Y IN��aa¢¢nn�� '(IOIi 'r GFJ faun+ of l X7107 a Kitly . PART OF LOT 28, CONCESSION 2 TOWNSHIP OF DARLINGTON now in the TOWN OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM KEY PLAN PERTINENT SITE. INFORMATION l-OI' AV--. rnoL01,LG A at-6. c --o ^' (kaoX) P�axlva � Oal.�b -> G.. o++7oc ..+ �dI•P�X) L..D.x.�l,.y6.. Ct v7o•ZSQ ,..a �c�gl% �bt21G• '�- L2c- qulGSr�. Too' ' - jo PJ+1.IC) 1 dso r 7 . .:o ts•rra f?�N� 'f0} L Ca2-r 02'OuazrJ. aa. � 4., frrt -. cdm P[o.nOW. -•- - dl a (Jn .9.. 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