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Home My WebLink AboutPSD-138-03 ., 'p ,., '" CJ. fl L~~ REPORT PLANNING SERVICES PUBLIC MEETING Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE December 8,2003 "D\'t R..,- Gf>A- ~lfl-03 Report #: PSD-138-03 File #: ZBA 2003-049 By-law #: Subject: PROPOSED ZONING BY-LAW AMENDMENT TO ALLOW A CONVENIENCE STORE: 1098431 ONTARIO LTD. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-138-03 be received; 2. THAT the application submitted by 1098431 Ontario Ltd. be referred back to Staff for further processing and the preparation of a further report following the receipt of all outstanding agency comments; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: '\ ._. IJ C ' tI ;I J v-...~., --- "\......r l..\.... Franklin Wu Chief Administrative Officer J. Crome, M.C.I.P. RP.P. Director, Planning Services December 1, 2003 EC*CP*DJC*sh CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 601 ~ " REPORT NO.: PSD-138-03 PAGE 2 1.0 APPLICATION DETAILS 1.1 Owner: 1098431 Ontario Ltd 1.2 Applicant/Agent: Reno Piccini, Piccini Architect 1.3 Rezoning: from "Special Purpose Commercial (C4) Zone to an appropriate zone to allow a convenience store. 1.4 Location: 3005 Highway 35/115, northbound, northwest corner of the intersection of Concession Rd 3 and Regional Rd. 17. On the site of the Petro-Canada station and Country Style Donuts shop 1.5 Area: 8013 square metres. 2,0 BACKGROUND 2.1 On October 15, 2003, Reno Piccini of Piccini Architect submitted a rezoning and site plan application on behalf of 1098431 Ontario Ltd, in order to allow a convenience store at the Petro-Canada station on Highway 35/115 at Concession Rd. 3. Approval of the application would allow the gas station to be updated to a contemporary format. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The site is occupied by a doughnut shop and a gas station. It is surrounded on all sides by roadways under the jurisdiction of the Ontario Ministry of Transportation: Highway 35/115 to the west, the highway off/on ramp to the south and the underpass access to the east and north. The property is accessed from an entrance directly off the highway and from an access on tihe on/off ramp. 3.2 The surrounding land uses are as follows: North - South - East - West - Vacant McDonald's restaurant. Single detached dwelling Highway 35/115. 4,0 PUBLIC NOTICE AND SUBMISSIONS 4.1 Public notice was given by mail to each landowner within 120 metres of the subject property. Public notice signs were installed at the front of the property on 602 ~ , REPORT NO.: PSD-138-03 PAGE 3 the Highway 35/115 off/on ramp ( western extension of Concession Rd. 3) and at the entrance to the site on Highway 35/115. 4.2 As a result of the public notification process, to date, the Planning Services Department has received no inquiries or comments regarding the rezoning application. 5,0 OFFICIAL PLAN 5.1 Within the Clarington Official Plan, the property is in a "Prime Agriculture Area". "Prime Agricultural Areas shall be used only for farm and farm related uses including the use of land, buildings and structures for nurseries, the growing of crops and the raising of livestock': Under section 23.5.4 Council may pass a zoning by-law to recognize the continuation, expansion, enlargement of a non- conforming use, or the variation to similar uses as long as it is satisfied that: a) it is not feasible to relocate the existing use; b) it does not aggravate the situation created by the existence of the use [.. .J; c) the size is appropriate in relation to the existing legal non-conforming use; d) it does not generate noise, vibrations, fumes, smoke, dust, odours, or lighting so as to create a public nuisance or health hazard; e) the neighbouring conforming uses are protected, where necessary, by the provision of landscaping, buffering, screening and other measures; and f) it shall not adversely affect traffic, access of parking conditions in the vicinity, 6,0 ZONING BY-LAW 6.1 The property is in a "Special Purpose Commercial (C4) Zone". A number of uses are permitted including, among others, existing motor vehicle service stations and motor vehicle fuel bars, a beer, liquor or wine outlet, a fruit and vegetable outlet, an eating establishment and the retail sales or service of furniture, major appliances, office fumiture or motor vehicle equipment. A convenience store, however, is not specifically permitted in this zone. 6.2 As the lot is a through-lot the front and back yards are both adjacent to streets- the minimum front yard setback applies. In the "C4" zone it is 15 metres. As such, the north-westem minimum setback will have to be reduced for this property to allow the proposed building at the proposed location (3.7 metres from the north-western property line). 603 ..., -- REPORT NO.: PSD-138-03 PAGE 4 7,0 AGENCY COMMENTS 7.1 The rezoning application was circulated to various agencies and other departments by the Planning Services Department. The Durham Region Health Unit recommends that approvals be withheld until "existing sewage disposal problems" are resolved. Engineering Services and Emergency and Fire Services has no objections. Other department and agency comments relate to the proposed site plan amendment. 7.2 Comments remain outstanding from: . Ganaraska Region Conservation Authority; . Durham Regional Police Services; . Durham Regional Planning Department; . Ministry of Transportation; . Ministry of Municipal Affairs. 8,0 STAFF COMMENTS 8.1 The proposed rezoning satisfies the conditions set out in section 23.5.4 of the Clarington Official Plan for rezoning to similar non-conforming uses. Because of the grade difference, the site is not accessible nor particularly visible from the road leading to the highway underpass. Hence the setback reduction would have little visual impact. 8.2 As the purpose of this report is to satisfy the requirements of the Public Meeting under the Planning Act, it is respectfully recommended that this report be referred back to Staff for further processing and the preparation of a subsequent report. Attachments: Attachment 1 - Key Map Interested parties to be notified of Council's decision: Reno Piccini 123 Ontario Street Port Hope ON L 1A 2V3 6rl/1 " 't ., ATTACHMENT 1 lC) ~ ~ - 'il (V) >- ..- H <( ::f'- _=1 ~ $: ! :n,-'IV'- ) ,:-I.~ z I ,,~ "I <( ~!" ,-""' =j: :ill:~: ,. ~ '~1'1""':'~~~:~ " '! ,~ I: ::=~I I -i ~ ~ .~. ~ r : -I ~ i ~' . < (- , "J I - I L I ;"1 ' --i ,~',~-~.;:r'" II : .:' I:,: I'" --~" "I Y '.-f'. f,"." q, "~ __~J '>'i'~ j~i'~."E' ) ~\ .... .I€i'"'' i. 0.497 : ~~'-'-"~ . (~-:,J;"$<~- ~ '","" , i.L.o.,-""._.. ';-":;,'~ <"',~~"""~::I:-:d- - --_ _ -' "'--'-lii-' , lIfl.l ,.". / ......;"..L,L,I.....L '/.... ""'~'~.'. "T'.""- L 3i~-- L_L_I__ LI _ I.,) ~ -------- Lot 28, concession 3 J CONCESSION ROAD 3 Clarke Key Map ~ t;; '" '" t; '" ::> I Ir -< ZBA 2003-049 Zoning By-law Amendment SPA 2003-045 Site Plan Application --" [I II II I I I N RO 3 II II II II Owner: Hassan EI-Misri 1098431 Ontario Limited Qj]