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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
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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
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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
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ZBA 99-040
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