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Home My WebLink AboutPD-134-99 $. DN: PD-134-99 , THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee Meeting File # 7)/'1 ZlJIJc;<JtJ37 Monday, December 6, 1999 Res. W::;jJl! -,5&-f'1 Date: Report #: PD-134-99 FILE #: ZBA 99-037 By-law # Subject: REZONING APPLICATION APPLICANT: DAVID WEST, WAYNE WEST AND RONALD WILSON PART LOT 32, CONCESSION 2, FORMER TWP. OF DARLINGTON 1564 HIGHWAY 2, COURTICE FILE: ZBA 99-037 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-134-99 be received; 2. THAT the rezoning application submitted by David West, Wayne West and Ronald Wilson be referred back to Staff for further processing and preparation of a subsequent report pending receipt of all outstanding 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 Applicant: David West, Wayne West and Ronald Wilson 1.2 Rezoning: To rezone the subject lands from "Urban Residential (Rl) Zone" to permit a professional office. 1.3 Site Area: 0.27 hectares (0.67 acres) 608 REPORT NO.: PD-134-99 PAGE 2 2. LOCATION , The subject lands are located at 1564 Highway 2 in Co~ce (see Attachment #1). The applicant's land holdings total 0.27 hectares (0.67 acresl The property is in Part of Lot 32, Concession 2, in the former Township of Darlington. . 3. BACKGROUND On October 22, 1999, the applicants submitted a rezoning application to the Municipality of Clarington to legalize the existing professional office IJse on the property. 4. 4.1 4.2 5. 5.1 5.2 SITE CHARACTERISTICS AND SURROUNDING USES The property contains a single detached dwelling unit $It currently has been converted for use as an insurance sales office (see Attachment #~). The entire site slopes gently towards Black Creek. The rear of the property is Partiall! wooded. Surrounding Uses: ! East North - West South - Urban Residential Black Creek Valleylands Urban Residential Urban Residential and Commercial Plaza OFFICIAL PLAN POLICIES Durham Regional Official Plan I The lands are designated "Living Area" within the II>urham Region Official Plan. i Limited office uses are permitted within this designalion, provided that they do not impact the function of planned Central Areas. The app1lcation would appear to conform to the policies. Clarington Official Plan Within Clarington Official Plan, the subject lands are designated "Urban Residential: Special Policy Area F - King Street Corridor". P tted uses include limited office 609 REPORT NO.: PD-134-99 PAGE 3 development. Highway 2 is identified as a Type B arterial road. Entranceway spacing is a minimum of one access for every 80 metres of road. Determination of conformity will be subject to a detailed review of this proposal and other proposals in the vicinity. The property is adjacent to the Black Creek valleyland, which has been identified as a "Cold Water Stream" and "Hazard Land" on the Official Plan's Natural Features and Land Characteristics mapping. Section 4.3.8 of the Official Plan requires that an environmental impact study be undertaken where development is located within 50 metres of a stream. Any impacts are likely minimal. As a result, the Municipality will initiate a very scoped review. 6. ZONING BY-LAW CONFORMITY The subject lands are currently zoned "Urban Residential (Rl) Zone", which does not permit office development beyond a home occupation on the property. As a result, a rezoning application was submitted for consideration. 7. PUBLIC NOTICE AND SUBMISSION Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting notice sign was installed on the lands. As of the writing of this report, a number of telephone inquiries for general information have been received. One caller was concerned that permitting the proposal would erode the ability of the north side of Highway 2 to function as a residential neighbourhood. 8. AGENCY COMMENTS 8.1 The Clarington Fire Department has no objections to the proposal provided that the driveway is widened sufficiently to function as a fire route. 8.2 The Clarington Public Works Department has no objections, in principle, to the rezoning but, noted that more detailed comments would be provided at the site plan approval stage. 610 REPORT NO.: PD-134-99 PAGE 4 The Building Division have indicated that a change of use or building permit will be required. 8.3 Comments remain outstanding from the following agencies. . Central Lake Ontario Conservation . Durham Regional Planning Department .... . Durham Regional Public Works Department . Durham Regional Health Unit 9. COMMENTS 9.1 A number of complaints have been received by our By-law Enforcement Division regarding properties located at 1556, 1560, 1564 and 1566 Highway 2. The front portion of these properties is zoned "Urban Residential Type One (Rl)", which permits a professional office as a home occupation provided that no more than 25% of the habitable floor area is used for the home occupation. Inspections have revealed that only 1566 Highway 2 meets the Zoning By-law requirements of a home occupation. As a result, properties at 1556, 1560 and 1564 Highway 2 are illegal uses. They must either cease or be rezoned. 9.2 There are a number of common issues between these properties including the EIS requirement, stormwater management, sewage disposal and access to Highway 2, which must be examined comprehensively. Cost savings could also be realized through sharing study costs for the EIS and stormwater management. Staff have met with the other two property owners and expect these applications to be submitted shortly. 10. CONCLUSIONS The purpose of this report is to satisfy the requirements for the Public Meeting under the Planning Act. It is respectfully requested that this report be referred back to Staff for further processing and the preparation of a subsequent report. 611 : REPORT NO.: PD-134-99 PAGE 5 Respectfully submitted, Reviewed by, Or~~ Franklin Wu, M.C.I.P., RP.P. Chief Administrative Officer. Da d rome, M.C.I.P., R.P.P. Director of Planning & Development RH*DC*df 22 November 1999 Attachment #1 - Key Map Attachment #2 - Site Plan Interested parties to be notified of Council and Committee's decision: Mssrs. David West, Wayne West and Ronald Wilson 265 Kent Street West LINDSAY, Ontario K9V 2Z3 612 ATTACHMENT '1 _ SUBJECT SITE LOT 32 LOT 33 ~I \ \ o I "-NASH 101"'1"1"'\ I I ,~ ), ~ I ~ BIIAJ....l....JR~gk\ w ~ \\;::J ~ " --4 w~ \ ~ - TRJI ~-I;; \\ r ~ a::: I----- ~\ O. W -, - --i '---. I~ -~' ~ - P I 1-1--1/ /J:ij, \I:~~' j/ I V!l~l:r I' ':/r/ !/~ ~ /~~~ ~ Tnl! T / } iC~ ! \ 11"1 l' I I: ~ I / 1 >~HWAY~ -r? wi' \ I ~ ~ '_ ~ ~ >L, ~ =--------- .~ .\~ ~ ~ ill IITIJ \ \)~ L& --<fC.N::::---- $- - f::iI"I1:u.\I'l~ ir- ~---::----~) l '-- ..~/ :::.2~ ~;'~\;(fl~ H~ I ~ ~ I, f-- ~ _ ~ f-- ~ Tl - t;; ___~ L _------ - /\ - ----, I a:- _ - - IT I - I I a.. --- - ./ ~I II ~II ---- - f-- - ~ - ---j _ ---1 ----J -., II \ I ~ ~ N Z o en en w () Z o u I IJ \ I COURTICE KEY MAP ZBA 99-037 613 LOT 32 ",. ,- ",.,-r'W''''''~>f .....--11-- , ~/-~,{' /' ,'l;i,\ , " P4RT ('<,"':'-- ,(1)1'.1 ..' " PL--IN lOR .' ,;"" s.u~u. IREC" P'I' ~A659tJ " j I -'L~" '. " ~: " " 'I ~-~';");-'I .r ~ .., ~~ MAH ~ I) '''I i II l , I .{J~' ~m I , ," , f)li'fl-lWAr " " , L" ..",~' 55! , i " O/._"'If :~ " , < , " ~ .'.,('("..E.'", .;f/ " .._---2,J.~ ,f'~ I n. i I . I ~ ~ , I ~ , ,.po,' '. -.- . au, ~ i , ~",. II \L, '_-"'1VcT<J~Z' " . Q.OC""'" ..""...((00) ..'~ H,,,,,.~I T; , " ;' ",' / ' ! wtxr ~JH-.... "o!' ~ _----.::18,..1(1100)- , ~- ~.~ ; /_ .:<"'" cur ~,1' l!~~"f'07- -~. -4>ol' ~,~, rl'N .,"(j'5!1rJ - 0;>:;0 THE KINC:S- HICHWA Y c;:;;:' ..~ 3? No. 2 ZBA 99-037 614 C\I Z o - en en w o z o o ATTACHMENT 12 t