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HomeMy WebLinkAboutPD-001-00 ... .. DN: POOl-OO THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File # ])J~ 7,6fJO/f-o<f-O' Res. #(:;fJ// -O,?L --CJD Date: Monday, January 3, 2000 Report #: PD-OO 1-00 File #: ZBA 99-040 By-law # Subject: REZONING APPLICATION APPLICANT: BARRY JONES ON BEHALF OF N. SIDHU & R. SINGH PART LOT 28, CONCESSION 3, FORMER TOWNSIDP OF CLARKE (3367 HIGHWAY 35/115) FILE: ZBA 99-040 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-00I-00 be received; 2. THAT the application to amend Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, submitted by Barry Jones on behalf ofN. Sidhu and R Singh be referred back to staff for further processing and the preparation of a subsequent report following the receipt of the outstanding agency comments; and 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Owners: Nakshtar Sidhu and Ranveer Singh 1.2 Agent: Barry Jones 1.3 Zoning: from Service Station Commercial Exception (C6-1O) to an appropriate zone to permit a convenience store 1.4 Area: 0.372 hectares (0.92 acres) 601 ." REPORT NO.: PD-001-OO PAGE 2 2. BACKGROUND 2.1 On November I, 1999, the Planning and Development Department received an application to amend Zoning By-law 84-63 in order to permit a convenience store. 2.2 The area subject to the proposal is located on the east side of Highway 35/115, immediately west of The Pines Senior Public School. The municipal street address is 3367 Highway 35 and 115. It is located in Part Lot 28, Concession 3, former Township of Clarke (see Attachment No.1). 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The site is currently under construction to reopen the fuel bar. The apartment above the closed restaurant is being occupied. The topography of the property is flat. 3.2 The surrounding land uses are as follows: North - Commercial South - Commercial East - The Pines Senior Elementary School West - Hwy. 35/115 and beyond, Commercial 4. PUBLIC NOTICE AND SUBMISSIONS 4.1 Public notice was given by mail to each landowner within 120 metres of the subject site and a public notice sign was installed on the lands. 4.2 As a result of the public notification process, to date, the Planning and Development Department has received no inquiries. 5. OFFICIAL PLAN CONFORMITY 5.1 Within the Durham Regional Official Plan, the subject property is designated as Permanent Agricultural Reserve. Section 20.4.4 states that Councils of the area municipalities, at their sole discretion, may zone to permit the continuation, expansion or enlargement of legally existing uses, or the variations to similar uses provided that such uses have no adverse effect on present uses or the implementation of the Plan, among other matters. 602 ~ REPORT NO.: PD-001-o0 PAGE 3 5.2 Within the Clarington Official Plan, the subject property is designated as Prime Agricultural Area Section 23.5.4 of the Clarington Official Plan contains provisions similar to Section 20.4.4 of the Du.rl1am Regional Official Plan. 6. ZONING BY-LAW COMPLIANCE Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, the subject property is zoned Service Station Commercial Exception (C6-10). A convenience store is not permitted, hence the rezoning application. 7. AGENCY COMMENTS 7.1 The rezoning application was circulated to various agencies and other departments by the Planning and Development Department. Comments received to date are as follows. . The Clarington Public Works Department noted they had no objection to the proposal as long as no existing drainage patterns are altered or adversely affected as a result of development. . The Regional Health Department has noted that the existing tile bed for the restaurant (which is currently closed) was ma1firnctioning when the restaurant was open and it has no replacement area If the restaurant use was eliminated permanently the store washroom could be connected to the existing tile bed. 7.2 Comments remain outstanding from the Kawartha Pine Ridge District School Board, Ganaraska Region Conservation Authority and the Ministry of Transportation. 8. STAFF COMMENTS As the purpose of this report is to give the status of the application for the public meeting, it is appropriate to have the application referred back to staff for further processing. 603 ~ REPORT NO.: PD-001-OO PAGE 4 Respectfully submitted, Reviewed by, . rom, M.C.I.P., R.P.P. r of Planning and Development BR*LDT*DJC*jip December 16,1999 Of'~~~ Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer Attachment No. 1 Attachment No.2 Site Location Key Map Revised Site Plan Interested parties to be notified of Council and Committee's decision: Barry Jones New Castle Drafting and Design 76 Baldwin Street Newcastle, Ontario LIB IHl 604 ATTACHMENT 111 ~ SUBJECT SITE ~ 3367 HIGHWAY 35/115 LOT 30 LOT 29 LOT 28 CONCESSION ROAD ! j' I f--~ I ,I") I I I 11 I I I ) I I I I ; III I I Wl :J 1 f- ~=-:J I ::::s::: o ---l LOT 27 4 I 1 I I I I II-- ~II t-- I I C\I I I -gl o I I CO I I C\I I I enl +-' 01' 1'0 ---II. ~ I ~I Z ~I 0 aJ I - (1)1 -U) 01 U) 61 W ~I U <1: I Z "I 0 01 U ~I " I (I) 1 ~ 1 0.1 g: 1- :::J1 ..........1 I;: I --.-------.------ ! -- Clarke l ci ~ High.. ' I ~~;:Fd~~' L Public I , School ]/ h I I I, II, I "r , CONCESSION ROAD 3 CLARKE KEY MAP ZBA 99-040 SPA 99-049 605 1 I I ATTACHMENT #2 - "j "'.~ -, I "'~_ p-'VJL. . . , 'J 17" 25."0"'/ Zo-?o~ ;_c'=:~==] EXISTING APARTMENT and VACANT RESTAURANT \ ''''i. .. '." I, ! P '/- I Ie I r -r---r I I - I " I " I . , I '- '3 I ." H , , \ 'ok II: ': 'l', ", ,,-I '_ " " ---"- - PROPOSED CONVENIENCE STORE 7.. ~ 0,<- , , I. :'l '~;' 2:- ; r.,11'11;'-,iir" ~ OJ IYtlroj;!i' [ -' I_I 'I.' ,_J ~, I It'IIH,;I1 j ~l 'Ilii[."cj~ L '!I'~I !( '~rd 'J i ~ , k:' ","'"0> " " , :"'~'..-YO> I " :'~ ., . ....... . . ....... .. ~,........ ,"t --:.:-.. :R\_- '< \ \ : /ii' \ ~r \ \..,(1" 1, V'i. '. /~, 1\, \': I" I' I I~ I '~ , l" ~ I I. >' 11",'1 '1liili , . ~" :~ , ',,",-.c' ~,- ~,..., ~.-." 1"-. T :I: t ~ I. '/ ! J! [} Q ..~,., 1"1 .'col .",<ll ,.-.1."" ~t- ~ HIGHWAY 115/35 ZBA 99-040 606