HomeMy WebLinkAboutPSD-123-02
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REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
PSD-123-02
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ZBA 2002-029, SPA 2002-042
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Date:
Monday, December 2, 2002
Report #:
File#:
By-law #:
~70J - ;2!JA
Subject:
REZONING AND SITE PLAN APPLICATIONS
APPLICANT: 1413350 ONTARIO LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1, THAT Report PSD-123 -02 be received;
2. THAT the rezoning application submitted 1413350 Ontario Limited be APPROVED and
the By-law be passed as contained in Attachment 2; and,
3. THAT all interested parties listed in this report, any delegation, and the Regional
Municipality of Durham Planning Department be advised of Council's decision.
S,bmmed by ~
David . Crome, MCIP, R.P.P,
Director of Planning Services
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Reviewed by: '--''-J k
Franklin Wu,
Chief Administrative Officer
RH*DJC*sn
Nov. 22,2002
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-0830
607
REPORT NO.: PSD-123-02
PAGE 2
1. APPLICATION DETAILS
1.1 Applicant:
1413350 Ontario Limited
1.2 Rezoning:
To rezone the property from "Hamlet Commercial (C3) Zone" to
permit the development of a drive-through facility with an existing
eating establishment.
1.3 Site Area:
0.29 hectares (0.72 acres)
2. LOCATION
2.1 The subject property's address is 1648 Taunton Road, which is located at the northwest
corner of Taunton Road and Enfield Road in Mitchell Corners (See Attachment 1). The
land holdings under consideration total 0.29 hectares (0.72 ac). The property is located
within Part Lot 31, Concession 5, in the former Township of Darlington.
3. BACKGROUND
3.1 On September 20, 2002, 1413350 Ontario Limited submitted rezoning and site plan
applications to permit the development of a drive-through facility for an existing eating
establishment as shown on Attachment 1. The development would consist of minor
building extensions at the rear.
3.2 The applicant, under site plan application SPA 2000-015, received approval on August
25, 2000 for a 204 m2 westward extension to the existing development. In order to
accommodate the drive-through aisle, the current site plan application proposes to
delete this approved expansion.
3.3 At a public meeting held for this application on November 4, 2002, no one appeared
either in support of or in opposition to the proposal. The applicant did not make a formal
presentation at the meeting.
608
REPORT NO.: PSD-123-02
PAGE 3
3.4 After the public meeting, an area resident had raised concerns over patrons parking
their vehicles and trucks on the side of Enfield Road while patronizing the coffee shop.
This issue will be discussed in Section 8 of this report.
4. SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The front of the lands slope towards Taunton Road while the rear of the site drains
towards Enfield Road. The septic system is located in the northwest corner of the site.
4.2 Surrounding Uses:
East:
North:
West:
South:
Hamlet residential
Vacant land
Hamlet residential
Gas station and hamlet residential
5. OFFICIAL PLAN POLICIES
5.1 The subject property is situated in "Mitchell Corners", a designated hamlet in the
Durham Regional Official Plan. The Clarington Official Plan designates the property as
"Hamlet Residential". Limited commercial development serving the local area is
permitted. The application conforms to the policies of both Official Plans.
6. ZONING BY-LAW CONFORMITY
6.1 The lands subject to the application are currently zoned "Hamlet Commercial (C3)
Zone". In order to permit a drive- through facility, a rezoning application was submitted
for consideration.
609
,
REPORT NO.: PSD-123-02
PAGE 4
7. AGENCY COMMENTS
7.1 The Clarington Emergency Services Department and the Clarington Building Division
have no objections to the proposal.
7.2 The Clarington Engineering Services Department has no objections to the proposal
provided that the applicant submits a revised grading and drainage plan for the entire
property, which details the conveyance of overland drainage flows from the site.
The Building Division may require additional sanitary facilities and payment of all
applicable development charges.
7.3 Through further discussions with the owner, the Durham Region Health Department
now supports the application subject to the following conditions:
. The seats in the coffee shop must be reduced to 16 seats.
. The drive-through facility must not be located over the existing holding tank. The
existing 2000 gallon holding tank must be relocated and connected to the existing
septic tank so that the drive-through facility does not impact its function.
7.4 The Durham Region Public Works Department has no objections to the application. As
a condition of site plan approval, a clause will be inserted into the site plan agreement
indicating that the owner agrees to allow the Region to install raised concrete medians
on Taunton Road and Enfield Road and restrict traffic movement on entrances to the
subject lands to right-in/right-out only should they become warranted.
7.5 Central Lake Ontario Conservation has no objections provided that a site grading and
drainage plan and a temporary sediment and erosion control plan is provided for site
plan approval.
7.6 Comments have not been received from Hydro One Networks Inc.
610
REPORT NO.: PSD-123-02
PAGE 5
8. COMMENTS
8.1 The site plan on the key map shows that the drive-through facility could accommodate
stacking for approximately 10 to 11 cars. Staff will ensure that a suitable amount of
stacking is provided and that on-site traffic movement will remain functional through Site
Plan approval. Changes will be necessary to the site play drawing shown on
Attachment 1 to indicate a dedicated stacking lane with curbing.
8.2 An area resident raised concerns over patrons parking their vehicles and trucks on the
shoulder of Enfield Road while patronizing the coffee shop. This causes egress
problems for some property owners on Enfield Road. Although this creates an
imposition to these residents, this is an off-site issue that should be addressed through
enforcement. Through site plan approval, Staff will ensure that sufficient on-site parking
is available. The applicant will be required to install signage on the property requesting
patrons not to park on Taunton or Enfield Roads. This will be inserted in the Site Plan
Agreement.
8.3 Both of the property's two road frontages are under the jurisdiction of Durham Region.
The Region was initially concemed over potential access issues with additional traffic
movements from the drive-through facility, both at the intersection of Taunton and
Enfield Roads as well as at the property entrances. The Region will install raised
concrete medians on Taunton Road and Enfield Road to restrict traffic movement on
entrances to the subject lands to right-in/right-out only, should the operation of the drive-
through facility warrant such measures. As a condition of approval, the Region will
require that a clause be inserted into the site plan agreement indicating that the owner
agrees to allow the Region to install the necessary improvements to rectify traffic issues
resulting from the drive-through facility.
611
REPORT NO.: PSD-123-02
PAGE 6
9. CONCLUSIONS
9.1 Given the favourable agency comments and lack of any major objections raised to the
proposal, Staff respectfully recommend that the proposed rezoning application be
approved and the by-law passed as contained in Attachment 2. The applicant will be
required to fulfil the requirements of site plan approval prior to construction of the drive-
through facility. This will include the removal of seats from the restaurant to meet the
approvals granted by the Durham Health Department.
Attachments:
Attachment 1 -
Attachment 2 -
Key Map
Zoning By-law Amendment
Interested parties to be notified of Council and Committee's decision:
Dave Bortolazzo
1413350 Ontario Limited
1648 Taunton Road
HAMPTON, Ontario
LOB 1 JO
Pat Fisher
5045 Enfield Road
R.R. #1
HAMPTON, Ontario
LOB 1JO
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ZBA 2002-029 and SPA 2002-042
ZonIng By-law and
Site Plan Amendment'
TNJNlON ROAD
IlRADLE'I IIOUlLVARD
Owner: 1413350 Ontario Limited
FIRNER STREET
ATTACHME~/T 2
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2001-
being a By-Law to amend By-Law 84-<l3, the Comprehensive Zoning By-
Law for the Corporation of the Municipality of Claringlon
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-Law 84-63, as amended, of the Corporation of the former Town of
Newcastle in accordance with applications ZBA 2002-029 to permtt the development of a
drive-through with an existing eating establishment;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1, Section 18.4 "SPECIAL EXCEPTIONS - HAMLET COMMERCIAL (C3) ZONE" is
hereby amended by introducing a new Subsection 18.4,8 as follows:
"18.4.8 HAMLET COMMERCIAL EXCEPTION (C3-<l) ZONE
Notwithstanding Section 18.1, those lands zoned C3-8 on the Schedules attached
to this By-law may also be used for an eating establishment with a vehicular drive-
through service."
,
2. Schedule "6" to By-Law 84-63, as amended, is hereby further amended by
changing the zone designation from:
"Hamlet Commercial (C3) Zone" to "Hamlet Commercial Exception (C3-8) Zone" as
shown on the attached Schedule "A" hereto.
3, Schedule "A" attached hereto shall form part of this By-Law.
4, This By-Law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 ofthe Planning Act, R.S.O. 1990.
By-Law read a first time this
By-Law read a second time this
By-Law read a third time and finally passed this
day of
day of
2002.
2002,
day of
2002.
John Mutton, Mayor
Patti L Barrie. Municipal Clerk
614
This is Schedule "A" to By-law 2002- ,
passed this day of .2002 A.D.
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TAUNTON ROAfJ
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f2Z1 Zoning Change From "C3" To "C3-B"
John Wutton, Woyor Patti L Barrie, Municipal Cleric
LOT 31 LOT 30
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