HomeMy WebLinkAboutPD-050-00
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Meeting:
Date:
Report #:
Subject:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
General Purpose and Administration Committee
File #])/ ~ 2fiflCfl-Ol( ()
Res. # r.,-fA - ,:;J;1.;} -0 0
Monday May 15, 2000
PD-050-00 File #: ZBA 99-040 (X-REF: SPA 99-049 By-law #~ ~ ::t/
REZONING APPLICATION
APPLICANT: BARRY JONES ON BEHALF OF N. SIDHU & R. SINGH
PART LOT 28, CONCESSION 3, FORMER TOWNSIDP OF CLARKE
FILE NO.: ZBA 99-040 (X-REF: SPA 99-049)
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1.
2.
3.
4.
THAT Report PD-050-00 be received;
THAT the application to amend Zoning By-law 84-63, be APPROVED and that the
amending By-law, as per Attachment No.3 be forwarded to Council for approval;
THAT a copy of this report and Council's decision be forwarded to the Region of
Durham Planning Department; and
THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
APPLICATION DETAILS
1.
1.1
1.2
1.3
1.4
1.5
Owners
Nakshtar Sidhu and Ranveer Singh
Barry Jones
from "Service Station Commercial Exception (C6-10)" to an
appropriate zone to permit the establishment of a convenience
commercial store and delete the use of an eating establishment on
the subject property.
Applicant! Agent:
Rezoning:
Area:
Location:
0.372 hectares (0.92 acres)
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 35/115.
The area is located in Part Lot 28, Concession 3, former Township
of Clarke (see Attachment No.1)
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REPORT PD-oSO-OO
PAGE 2
2. BACKGROUND
2.1 On November 1, 1999, the Planning and Development Department received an
application to amend Zoning By-law 84-63 in order to permit the development of a
convenience store.
2.2 A public meeting for the rezoning application was held on Monday January 3, 2000.
No one spoke in objection to, with concerns regarding, or in support of this application.
The applicant/agent, Barry Jones acting for the property owners Nakshtar Sidhu and
Ranveer Singh, spoke in favour of the application noting the owners have no intention of
reopening the restaurant.
3. LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The topography of the site is flat and it has a substantially completed fuel bar and an
occupied apartment above a former restaurant that is closed (see Attachment No.2).
3.2 The surrounding land uses are as follows:
North - Commercial
South - Commercial
East The Pines Senior Elementary' School
West - Highway 35/115 and beyond, Commercial
4, OFFICIAL PLAN CONFORMITY
4.1 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.
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REPORT PD-050-00
PAGE 3
4.2 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 Durham Regional Official Plan.
5. ZONING BY-LAW COMPLIANCE
5.1 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.
6. AGENCY COMMENTS
6.1 The rezoning application was circulated to various agencies and other departments by the
Planning and Development Department. The Clarington Fire Department, Ontario Hydro
Services Company and Kawartha Pine Ridge District School Board had no objections.
The Ganaraska Region Conservation Authority stated that no permits were required and
that it had no objection. 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 commented that the eXlstmg tile bed for the
restaurant (which is currently closed) was malfunctioning when the restaurant was
open and no replacement area was available. If the restaurant use was eliminated
permanently, the store washroom could be connected to the existing tile bed.
· The Regional Planning Department noted the proposal involves the expansion of an
existing commercial use and Policy 20.4.4 of the Regional Official Plan would apply.
This policy states that at their sole discretion, the Councils of the area municipalities
may zone to permit the continuation, expansion and enlargement of legally existing
uses, or the variations to similar uses. Council should be satisfied that the proposed
use meets the criteria of "variations to similar uses". The Department also remarked
no provincial interests would appear to be affected.
· The Ontario Ministry of Transportation offered no objections to the proposal but a
Ministry Building/Land Use Permit has to be obtained prior to any construction
taking place. In addition, a Ministry Sign Permit must be obtained for all signs. It
was noted the site will be restricted to a maximum of 46.45 m2 (500 square feet) of
signs visible to Highway 35/115 and the proposed Pylon Sign must be setback a
minimum of 10 feet from the highway property limit to the leading edge of the sign.
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REPORT PD-050-00
PAGE 4
7. COMMENTS
7.1 The outstanding items from the agency comments have been satisfactorily dealt with.
As such the Site Plan Agreement has been prepared to reflect all concerns.
7.2 The property has a partially completed convenience store (for which this rezoning
application was made). Staff was alerted to the construction activity shortly after the
public meeting and visited the site the same day to confIrm the situation. The Chief
Building OffIcial issued a stop work order on the work.
7.3 In light of the comments of the Durham Region Health Department, the applicant has no
objections to the removal of the eating establishment use from the list of permitted uses
within the zoning category. They have however requested the existing building be
permitted to remain on site. Of concern to staff has been the proposed use for this now
vacated space. The applicant has no proposed use at this time. The proposed zoning
would allow it only to be used as supplementary convenience store space at this time.
This would permit the continuation of the apartment unit located above the former eating
establishment. At such time as a new use is contemplated for the existing building a
rezoning application would be fIled. The Durham Region Health Department concerns
would be evaluated at that time.
8. CONCLUSION
8.1 It is respectfully recommended that the zonmg by-law amendment provided in
Attachment No. 3 to permit the development of a convenience commercial store and
remove from the list of permitted uses an eating establishment be APPROVED.
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REPORT PD-050-00
PAGE 5
Respectfully submitted,
Reviewed by,
dt~-~
Franklin Wu, M.C.I.P., R.P.P.,
Chief Administrative Officer
BR *LDT*DJC*cc
May 5, 2000
Attachment No. 1
Attachment No.2
Attachment No.3
Site Location Key Map
Site Plan
Zoning By-law Amendment
Interested parties to be notified of Council and Committee's decision:
Barry Jones
New Castle Drafting and Design
76 Baldwin Street
Newcastle, Ontario LIB IHI
631
ATTACHMENT '1
SUBJECT SITE
3367 HIGHWAY 35/115
LOT 30 LOT 29 LOT 28
CONCESSION ROAD
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LOT 27
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ZBA 99-040
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ATTACHMENT 12
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THE CORPORATION OF TIfE MUNlCIP ALITY OF CLARINGTON
BY-LAW NUMBER 2000-
ATTACHMENT 13
being a By-law to amend By-law 84--63, the Comprehensive Zoning
By-law for the Corporation of the former Tovm of Newcastle.
WHEREAS the Council of the COllloration of the Municipality ofClarington deems it advisable to
amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to
implement ZBA 99-040,
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality
of Clarington enacts as follows:
1. Section 21.4,]0 "SERVICE STATION COMMERCIAL EXCEPTION (C6-10) ZONE" is
hereby amended by deleting within the last line the words "an eating establishment" and
substituting the "vords "a convenience store".
2. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act.
BY-LAl,N read a first time this day of
2000
BY-LAW read a second time this day of
2000
BY-LAW read a third time and finally passed this
day of
2000
MAYOR
.
CLERK
634