(a) Application for Zoning By-law Amendment - File No Applicant: Bobby Bhopal Property: 301 Big Apple Drive, Cramahe

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1 TOWNSHIP OF CRAMAHE PUBLIC MEETING DATE: MARCH 18, 2014 TIME: PLACE: 6:45 PM COUNCIL CHAMBERS Page 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST 3. INTRODUCTION AND OVERVIEW PUBLIC MEETINGS This is a Public Meeting convened under Section 34 of the Planning Act, R.S.O to consider a proposed amendment to Comprehensive Zoning By-law No (a) Application for Zoning By-law Amendment - File No Applicant: Bobby Bhopal Property: 301 Big Apple Drive, Cramahe The purpose of this zoning by-law amendment is to retain the existing General Commercial (GC) zone and rezone the portion zoned Rural Residential (RR) to General Commercial (GC.) This will give consistent zoning for the entire property and allow for expansion of the existing commercial uses onto the full property in the future. 4. CONFIRMATION OF NOTICE The Planning Coordinator will confirm how Notice was served to advertise this Public Meeting. 5. CORRESPONDENCE FROM GOVERNMENT AGENCIES The Planning Coordinator will identify and read out any correspondence received. 6. CORRESPONDENCE FROM MEMBERS OF THE PUBLIC The Planning Coordinator will identify and read out any correspondence received. Page 1 of 19

2 PUBLIC MEETING MARCH 18, STAFF REPORT The Planning Coordinator will provide a summary of the applications (a) PLAN Bhopal: Zoning By-law Amendment THAT Report PLAN be received for information. 8. APPLICANT'S PRESENTATION The Applicant(s) or Representative(s) are invited to speak to the applications. 9. QUESTIONS FROM MEMBERS OF THE PUBLIC Members of the Public are invited to speak to the applications. The Public can ask questions of clarification or seek background information, speak in support of the application or speak in opposition of the applications. All questions will be directed through the Chair. We request that only one question be asked at a time. Please identify yourself when you ask your question so that you can be properly recorded in the Minutes of the Meeting. 10. CONCLUSION AND RIGHT OF APPEAL PROCESS This concludes the Public Meeting. If any member of the Public wishes to be notified of the decision of Council in respect of the applications, you must make a written request to the Planning Coordinator. Notice to appeal the decision of Council to the Ontario Municipal Board must be filed with the Planning Coordinator no later than 20 days from the date Notices are circulated. The Notice of Appeal should be sent to the attention of the Planning Coordinator and it must include the following information: The reasons for the appeal; and The fee as prescribed under the Ontario Municipal Board Act in the amount of $125 payable by certified cheque to the Minister of Finance, Province of Ontario. Only individuals, corporations or public bodies may appeal the decision of Council to the Ontario Municipal Board. An appeal may not be filed by an unincorporated association or group. A Notice of Appeal may be filed in the Page 2 of 19

3 PUBLIC MEETING MARCH 18, 2014 name of an individual who is a member of the association or group. 11. RESOLUTIONS TO BE PASSED Resolution to Approve and Present By-Law for Council Endorsement at the Regular Meeting. 12. CONFIRMATORY BY-LAW NO (a) Being a by-law to confirm the proceedings of the Corporation of the Township of Cramahe Public meeting held on Tuesday, March 18, 2014 be deemed to be held a first, second and third time be passed and properly signed at the Township of Cramahe on the 18th day of March, NOTICE OF MOTION TO ADJOURN Page 3 of 19

4 Report Planning Division Meeting: Public Meeting Date: 18 March 2014 Res # Report #: PLAN File #_ By-law # Subject: Bhopal: Zoning By-law Amendment Recommendations: It is respectfully recommended that the Council in Committee recommend to Council the following: 1. THAT Report PLAN be received for information. Attachment: By-law , and Schedule A to By-law Planning Report Bhophal ZBA Financing: Strategic Plan Initiative: Submitted by: Jennifer Sisson Planning Coordinator Reviewed by: Natalie Moroz-Cornell Chief Building Official Reviewed by: Christie Alexander, C.M.O., C.M.M.I.I.I. CAO/Clerk JS*NMC*CA*cd Bhopal: Zoning By-law Amendment Page 4 of 19

5 Report No.: PLAN Page 2 of 2 Background and Comment The proposed Zoning By-law Amendment applies to lands located in Concession 2 part of lot 33 in the Township of Cramahe. The municipal address of the property is 301 Big Apple Drive. Key Map The subject property is currently zoned General Commercial (GC) on the east side of the property and Rural Residential (RR) on the west side of the property. The purpose of this zoning by-law amendment is to retain the existing GC zone and rezone the portion zoned RR to GC. This will give consistent zoning for the entire property and allow the expansion of the existing commercial uses onto the full property in the future. Recommendation Subject to any issues that may arise at the public meeting scheduled for Tuesday March 18, 2014, it is recommended that By-law be approved to rezone the subject property. Corporation of the Township of Cramahe P.O. Box 357, Colborne, Ontario K0K 1S0 T (905) F (905) Bhopal: Zoning By-law Amendment Page 5 of 19

6 The Corporation Of The Township Of Cramahe BY-LAW NO Being a By-law under the provisions of Section 34 of the Planning Act, R.S.O. 1990, to amend By-law No , the Comprehensive Zoning By-law of the Township of Cramahe, with respect to certain lands located in part of Lot 33, Concession 2, in the Township of Cramahe. WHEREAS the Council of the Township of Cramahe deems it advisable to amend By-law No with respect to the lands described in this By-law; AND WHEREAS Council has conducted a public meeting as required by Section 34(12) of the Planning Act, R.S.O. 1990, as amended; AND WHEREAS the matters herein are in conformity with the provisions of the Official Plan of the Township of Cramahe, as amended; NOW THEREFORE the Council of the Corporation of the Township of Cramahe hereby enacts as follows: 1. That Map 5 of Schedule A of By-law No is hereby amended by changing the zone category of certain lands located in part of Lot 33, Concession 2 in the Township of Cramahe, as follows: (i) from the Rural Residential Zone (RR) to the General Commercial (GC) Zone, as shown on Schedule A attached hereto and forming part of this Bylaw. 2. This By-law shall become effective on the date it is passed by the Council of the Corporation of the Township of Cramahe, subject to the applicable provisions of the Planning Act, R.S.O. 1990, as amended. 3. The CAO/Clerk is hereby authorized and directed to proceed with the giving of notice under Section 34(18) of the Planning Act, R.S.O. 1990, as amended. READ a first time this 18 th day of March, READ a second time this 18 th day of March, READ a third time and finally passed this 18 th day of March, 2014, and given Bylaw No Mayor, Marc Coombs CAO/Clerk, Christie Alexander Bhopal: Zoning By-law Amendment Page 6 of 19

7 Lot 33 Con 3 Orchard Road Lot 33 Con 2 Q) > f ' i ~~1--l ( Lot32 Q. j vu L Q)j-~~--~f' {~-~-~~----~.9 aj 'r l \ \ CRAMAHE TOWNSHIP Scale: 1 :3,000 V/////1 Lands to be rezoned from the Rural Residential {RR) Zone to the General Commercial (GC) Zone. Lands to remain zoned the General Commercial (GC) Zone. Schedule "A 11 to By-Law No Passed this 18th day of March, 2014 Mayor Subject Property: Part Lot 33 Con 2 Townshil o1 eramahe CAO/Cierk Bhopal: Zoning By-law Amendment Page 7 of 19

8 Planning Report TO: FROM: Mayor Coombs and Members of Council Jennifer Sisson, Planning Coordinator SUBJECT: Application for Zoning By-law Amendment File Applicant: Bobby Bhopal 301 Big Apple Drive, Cramahe ON. Township of Cramahe DATE: March 18, 2014 Attachments: Pine Ridge Municipal Planning Authority comments dated February Lower Trent Conservation comments dated March KPRD Health Unit comments dated February County (Transportation & Waste Dept) comments dated February Ministry of Transportation comments dated February Purpose of the Application An application for a Zoning By-law Amendment has been submitted by Ontario Inc./Bobby Bhopal with respect to a property located at 301 Big Apple Drive in the Township of Cramahe (locally known as the Ultramar). The subject site has an existing gas bar, car wash and convenience store and is currently zoned General Commercial (GC) on the east half of the property and Rural Residential (RR) on the west half. The purpose of the zoning by-law amendment is to change the RR zone to GC to give consistent zoning to the property and allow the expansion of the existing commercial uses. Planning Considerations Township of Cramahe Official Plan The subject property, at the time of application, is designated Colborne Periphery Area in the Township of Cramahe Official Plan. With the anticipated approval of Official Plan Amendment No. 10, the property will be designated Commercial. The Colborne Periphery Area designation applies to areas generally located on the northern and southern fringe areas of the Village of Colborne. It recognizes existing residential and commercial areas and areas with future development potential on municipal services. Residential, commercial, recreational uses and parkland are permitted in the Colborne Periphery Area designation. Page 1 of 4 Bhopal: Zoning By-law Amendment Page 8 of 19

9 The intention of the Commercial designation is to recognize commercial establishments and permitted uses include local and highway commercial type uses which are oriented to serve the needs of the general public. These uses may include existing uses, retail, auto service stations, and services uses. A residence for a caretaker or owner may also be permitted as an accessory use. This application conforms with the Official Plan as the subject property is currently developed for commercial uses which are recognized in both the current Official Plan Designation at the time of application and the future designation under Official Plan Amendment No. 10. Township of Cramahe Comprehensive Zoning By-law The subject site has an existing gas bar, car wash and convenience store and is currently zoned General Commercial (GC) on the east half of the property and Rural Residential (RR) on the west half. It is serviced by full municipal water and sewer facilities The subject property has an area of approximately 6831 square metres (1.69 acres) with approx. 112 metres (367 ft.) of frontage on Orchard Drive and approx. frontage of 61 metres (200 ft.) on County Road 25 (Big Apple Drive). Existing access to the site is by two entrances (on the north and south of the east lot line) from Big Apple Drive and one from Orchard Road on the north side of the property. The adjacent property to the south is currently a commercial use (Tim Hortons). Immediately east of the subject property, across Big Apple Drive and east along Orchard Road, is the Township s industrial park. A cemetery is located immediately north of the property across Orchard Road. The adjacent property to the west is zoned General Commercial (GC) and is currently developed with a dwelling and workshop. Further west along Orchard Road is the Big Apple bakery and retail store. Along Big Apple Drive to the south is the Village of Colborne and to the north is an access/interchange to Highway 401. The purpose of the zoning by-law amendment is to change the RR zone to GC to give consistent zoning to the property and allow the expansion of the existing commercial uses. This application is consistent with the Zoning By-law of the Township of Cramahe. Provincial Policy Statement (PPS) and PRMPA Comments The PRMPA s comments, dated February 18, 2014 are attached to this report. This application was submitted under the 2005 PPS, which states that settlement areas shall be the focus for growth. The property in question is located is outside the settlement area of Colborne, but is in an Official Plan designation that permits Page 2 of 4 Bhopal: Zoning By-law Amendment Page 9 of 19

10 growth. According to the PRMPA, the application represents modest expansion of existing commercial development in a designation where both the existing and proposed development is permitted and where the Township's long-term intent is to permit such development. The PRMPA has requested that this application and any future site plan approvals be circulated to the appropriate authorities to ensure that PPS requirements relating to the protection of the Township s wellheads, surface and groundwater features, public health and safety, transportation corridors, drainage and storm water management have had consideration. The PRMPA reviewed zoning by-law amendment application and recommended that it be approved as it is consistent with the intent of the Colborne Periphery Area designation within the Township s Official Plan.. Lower Trent Conservation Authority (LTCA) Comments Lower Trent Conservation Authority reviewed the related consent application and had no concerns in comments dated March HKPR District Health Unit Comments In comments submitted to the Township, February the HKPR District Health Unit has indicated that they have no objection to the proposed zoning bylaw amendment application. Northumberland County Comments In comments dated February , the Planning Technician for Northumberland County Transportation and Waste Department noted that they have no concerns with the proposed zoning by-law amendment. Ministry of Transportation Department Comments In comments dated February , MTO stated that they have no concerns with the proposed zoning. They also noted as the site is within the MTO permit control area, and development of the site will require a permit from MTO and ministry issues will be dealt with when a Site Plan Application is received. Oak Ridges Moraine Conservation Plan (ORMCP) The subject property is not located on the Oak Ridges Moraine and is not subject to the ORMCP. Minimum Distance Separation (MDS) Comments dated February 28, 2014 from the Township of Cramahe Building Department indicated that MDS does not apply. Page 3 of 4 Bhopal: Zoning By-law Amendment Page 10 of 19

11 Land Use Compatibility No land use compatibility issues were identified. Any proposed expansion and/or redevelopment of these lands will be subject to Site Plan Control. Summary and Recommendation Based on the information available, and subject to any new issues arising at the public meeting for this application on March 18, 2014, it is recommended that Bylaw be approved to rezone the subject property. Page 4 of 4 Bhopal: Zoning By-law Amendment Page 11 of 19

12 PINE RIDGE MUNICIPAL PLANNING AGENCY P O Box 184 Port Hope ON L1A 3W3 Telephone: (905) Facsimile: (905) prmpa@airnet.ca February 18th, 2014 Ms. Christie Alexander Clerk-Administrator Township of Cramahe PO Box 357 Colborne, Ontario K0K 1S0 Dear Ms. Alexander, RE: Application for Zoning Bylaw Amendment Ultramar Gas Station Ontario Inc. - B. Bhopal Part Lot 33, Concession 2, 301 Big Apple Drive, Colborne, Township of Cramahe The following constitutes the review of the above-noted application with respect to the Provincial Policy Statement (PPS) issued under Section 3 of the Planning Act, other applicable Provincial Statutes and Guidelines, and the Official Plan of the Township of Cramahe. This review has been completed by the Pine Ridge Municipal Planning Agency (PRMPA) on behalf of the Township of Cramahe as part of the delivery of the Municipal Plan Review (MPR) program. The comments contained herein are being provided for the review and consideration of Council to assist in determining the merits of the above-noted application. The comments and recommendations outlined in this letter focus on identifying and protecting matters of Provincial interest. Other issues of a local nature including the Township s Official Plan policies should be considered in Council s review of this application. The application is to rezone part of a parcel of land encompassing approximately the rear half of that parcel which parcel has an area of sq. m. ( sq. ft.) with metres (367.6 ft.) of frontage on Orchard Drive and frontage of metres (200 ft.) on County Road 25 (Big Apple Drive). The site has two accesses on to Big Apple Drive and one on to Orchard Drive. The application proposes to rezone the lands from a Rural Residential (RR) zone to a General Commercial (GC) zone to permit expansion into the rear of the site of existing uses on the front half of the site. The front half of the site is zoned General Commercial (GC) and is developed with uses including a gas bar, convenience store, and a separate car wash building. The site is located on the south side of an intersection/access to and from Highway 401, on the south-west corner of Big Apple Drive and Orchard Drive. A Tim Horton s Donuts and drivethrough retail store has located immediately to the south of the subject lands. The periphery of the Village of Colborne lies further to the south. The Township s industrial park is located immediately east of the site along Orchard Drive. A cemetery is located immediately north of the site. To the west, (i.e. at the rear of the subject lands), the lands are developed with a dwelling Bhopal: Zoning By-law Amendment Page 12 of 19

13 2 ZBA Application Ontario Inc. Part Lot 33 Concession 2, Township of Cramahe February 18th, 2014 and workshop. These lands are zoned General Commercial. Further west is the Big Apple bakery and retail outlet. The site is flat and open. It has been developed with existing uses for more than 25 years. The application proposes to enlarge the existing uses to meet the increased demand for its current facilities. It is serviced by full municipal water and sewer facilities. The subject lands are designated Colborne Periphery Area in the existing Township of Cramahe Official Plan. This designation applies to areas generally located on the northern and southern fringes of the Village of Colborne. This designation includes existing residential and commercial areas. Permitted uses include commercial uses such as those proposed for expansion. An application for site plan approval was reviewed by PRMPA in 2010 and PRMPA was able to support the application, subject to review by various agencies. The Provincial Policy Statement (PPS) states that settlement areas shall be the focus for growth. While the area in which the proposed expansion is located is outside the settlement area of Colborne, it is in an Official Plan designation that permits such growth. The application represents modest expansion of existing commercial development in a designation where both the existing and proposed development is permitted and where the Township's long-term intent is to permit such development. The PPS requires the protection of surface and ground water features. It is anticipated that issues relating to well-head protection and ground and surface water resources will be addressed through circulation of this application and the application for site plan approval to appropriate agencies. It is also anticipated that PPS requirements regarding public health and safety will be addressed by the County of Northumberland (traffic and access) and the Technical Standards and Safety Authority (TSSA), which has delegated authority to administer Ontario s public safety laws and provide regulatory safety services in industrial sectors such as propane fuels and equipment. Any requirements related to drainage and storm water management should be addressed by Lower Trent Conservation. The PPS provides for the protection of transportation corridors such as Highway 401. It is understood that the Ministry of Transportation has been circulated with the application and has no issues regarding the development plans for the site which is located within its regulated area, as it is an existing use. Provided the previous comments are addressed, the PRMPA is able to recommend that zoning bylaw amendment no be approved as the application and complies with the intent of the Colborne Periphery Area designation as established in the Township's Official Plan. Bhopal: Zoning By-law Amendment Page 13 of 19

14 3 ZBA Application Ontario Inc. Part Lot 33 Concession 2, Township of Cramahe February 18th, 2014 Please provide the Planning Agency with a copy of the Notice of Decision on this application. Should Council have any questions regarding this matter, please do not hesitate to contact the undersigned. Yours truly, Pine Ridge Municipal Planning Agency Heather Rielly MCIP RPP Planner Bhopal: Zoning By-law Amendment Page 14 of 19

15 Wednesday March 5, 2014 Jennifer Sisson, Planning Coordinator Township of Cramahe P.O. Box 357 Colborne, ON K0K 1S0 RE: Application for Zoning By-Law Amendment Bhopal Part of Lot 33, Concession 2, 301 Big Apple Drive Township of Cramahe File No.: Ms. Sisson, Lower Trent Conservation is in receipt of the above noted application for a Zoning By-Law Amendment. Conservation Authority staff have reviewed the application with respect to the applicability of Ontario Regulation 163/06 (Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses Regulation), the federal Fisheries Act, and environmental components of the Provincial Policy Statement (natural heritage, water, and natural hazards). We understand the purpose of this application is to rezone the portion of the subject lands zoned Rural Residential (RR) to General Commercial (GC) in order to allow for the expansion of existing commercial uses. The subject lands appear to have no natural heritage features or natural hazards. Please be advised that Lower Trent Conservation has no concerns with the above noted application. Staff requests a copy of your decision regarding this application. Should you require any further information, please contact me at this office. Respectfully submitted, Kent Stainton Environmental Planning and Regulations Technician Lower Trent Conservation (613) ext ZBA_ _Bhopal_301BigAppleDrive_ptLot33_Con2_Cramahe.doc Bhopal: Zoning By-law Amendment Page 15 of 19

16 Ministry of Transportation Corridor Management Section 1355 John Counter Boulevard Postal Bag 4000 Kingston, Ontario K7L 5A3 Tel.: Fax: Ministère des Transports Section de gestion des couloirs routiers 1355, boulevard John Counter CP/Service de sacs 4000 Kingston (Ontario) K7L 5A3 Tél.: Téléc February 12, 2014 Township of Cramahe PO Box 357, 1 Toronto Street Colborne, Ontario K0K 1S0 ATTN: JENNIFER SISSON, PLANNING CO-ORDINATOR Dear Ms. Sisson: Re: Proposed Zoning By-Law Amendment Big Apple Drive, Highway 401, Township of Cramahe The MTO is in receipt of the proposed zoning by-law amendment for the gas station property located in the southwest quadrant of Percy Street and Big Apple Drive. The application is proposing to rezone a section of the property that is currently zoned rural residential to general commercial. MTO has no concerns with the proposed zoning. As the site is within the MTO permit control area, any development of the site will require a permit from MTO and any ministry issues can be dealt with at the time of site plan. If you have any questions, please do not hesitate to contact me. Sincerely, Cheryl Tolles Corridor Management Planner Bhopal: Zoning By-law Amendment Page 16 of 19

17 ~ Northumberland county February 21, 2014 Jennifer Sisson, Panning Coordinator Township of Cramahe P.O. Box357 1Toronto St. Colbome, Ontario KOK 1SO Dear Ms. Sisson: Re: Zoning By-Law Amendment; File Number 2014-Q1 ; 301 Big Apple Dr. In response to the circulation noted above, please be advised that we have no concerns with the proposed Zoning By-law amendment. Please send a copy of the Notice of Decision to the County office for our records. Should you require any additional information, please feel free to contact me. Sincerely, Brooke Gillispie, Planning Technician Bhopal: Zoning By-law Amendment Page 17 of Courthouse Road, Cobourg, Ontario, K9A 5)6. Telephone (905) Fax (905)

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19 THE CORPORATION OF THE TOWNSHIP OF CRAMAHE (2001) BY-LAW Being a By-law to Confirm the proceedings of the Corporation of the Township of Cramahe at a Public Meeting of Council held Tuesday, March 18, WHEREAS Subsection 5(1) of the Municipal Act, R.S.O. 2001, as amended, provided that the powers of a municipal corporation are to be exercised by its council; AND WHEREAS Subsection 5(3) of the said Municipal Act provides that the powers of every council are to be exercised by by-law; AND WHEREAS it is deemed expedient that the actions of this meeting of the Council of The Corporation of the Township of Cramahe be confirmed and adopted by By-Law; NOW THEREFORE the Council of the Corporation of the Township of Cramahe ENACTS as follows: 1) The actions of the Council of the Corporation of the Township of Cramahe in respect of: a) each recommendation in the reports of the Committees: b) each motion, resolution or other action passed, taken or adopted at this meeting is hereby adopted, ratified and confirmed as if same were expressly included in this By-Law provided that such adoption and confirmation shall not be deemed to include the final passing of a By-Law that requires the prior approval of a Minister, a Ministry, the Ontario Municipal Board or any other governmental body. 2) The Mayor and the proper officials of the Corporation of the Township of Cramahe are hereby authorized and directed to do all things necessary to give effect to the action of the Council referred to in Section 1. 3) The Mayor, or in the absence of the Mayor, the Deputy-Mayor and the Clerk, or in the absence of the Clerk, the Acting Clerk. a) are authorized and directed to execute all documents necessary to the action taken by Council as described in Section 1; and b) are authorized and directed to affix the seal of the Corporation of the Township of Cramahe to all such documents referred to in Section 1. 4) This By-Law comes into force on the day upon which it is enacted. Enacted and Passed this 18 th day of January, MAYOR, Marc Coombs CAO/CLERK, Christie Alexander Being a by-law to confirm the proceedings of... Page 19 of 19