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Report To: Planning and Development Committee
Date of Meeting: September 10, 2018
Report Number: PSD-073-18 Resolution Number:
File Numbers: ZBA 99-037, ZBA 99-042,
ZBA 2000-007, ZBA 2001-019
and ZBA 2016-0004 By-law Number:
Report Subject: Recommended disposition of outstanding Zoning By-law
amendment applications in the Courtice Main Street Area
Recommendations:
1. That Report PSD-073-18 be received;
2. That the application to amend the Zoning By-law submitted by David West, Wayne West
and Ronald Wilson, file number ZBA 99-037, be approved in the context of Zoning By-law
Amendment 2018-059;
3. That the application to amend the Zoning By-law submitted by Charles Murphy and
Susan Stephenson, file number ZBA 99-042, be approved in the context of Zoning By-law
Amendment 2018-059;
4. That the application to amend the Zoning By-law submitted by William Bryans, file
number ZBA 2000-007, be approved in the context of Zoning By-law Amendment 2018-
059;
5. That the application to amend the Zoning By-law submitted by 988925 Ontario Ltd., file
number ZBA 2016-0004, be approved in the context of Zoning By-law Amendment 2018-
059;
6. That the application to amend the Zoning By-law submitted by LDB Holdings Ltd., file
number ZBA 2001-019, be approved and that the Zoning By-law contained in Attachment
3 to Report PSD-073-18 be passed;
7. That the Durham Regional Planning and Economic Development Department and Municipal
Property Assessment Corporation be forwarded a copy of Report PSD-073-18 and Council’s
decision; and
8. That all interested parties listed in Report PSD-073-18 and any delegations be advised of
Council’s decision.
Municipality of Clarington
Report PSD-073-18 Page 2
Report Overview
The purpose of this report is to recommend to Council that various outstanding Zoning By-law
amendment application files. Most of these are recommended to be approved in the context of
the Courtice Main Street Zoning By-law (2018-059) passed in June, 2018. One additional
exception zone is recommended.
1. Background and Discussion
1.1 The Planning Services Department has a number of outstanding Zoning By-law
amendment files that have become redundant as a result of the approval of the Courtice
Main Street Zoning By-law, which was passed by Council June 11, 2018. The By-law
was brought forward to implement the Courtice Main Street Secondary Plan. The
redundant files are listed in a table found in Attachment 1 to this report. Provisions of the
Zoning By-law now allow a greater variety of uses to be located on the properties affected
(Attachment 2) by the recommendations of this report.
1.2 All of the applications subject of this report previously proceeded to a Public Meeting but
had not been processed further due to the preparation of the Secondary Plan and
subsequently the Zoning By-law for the Courtice Main Street corridor. Letters advising of
Committee's consideration of this report were mailed to the owners of the subject
properties.
Three Properties east of Stuttering John’s Restaurant
1.3 The properties located at 1556, 1560 and 1564 Highway 2 were given an exception zone
through the Courtice Main Street Zoning By-law that allows for redevelopment in
accordance with the commercial mixed use zone regulations while recognizing the
existing uses on the properties. The By-law requires that site plan approval be obtained
for each of the three properties by June 30, 2019 and that once site plan approval has
been granted, the holding symbol can be removed from the zoning making the existing
uses legal. Staff will be contacting the owners to arrange preconsultation of the site plan
application.
LDB Holding Ltd.
1.4 The proposed new exception zone for 1603 Highway 2 should have been included in the
Courtice Main Street Zoning By-law. The exception zone recognizes the current
business office use in the existing principal building on the property and also allows for
redevelopment subject to the Residential Mixed Use Zone regulations. This property
received site plan approval in March, 2000, for the current use, which at the time was
permitted by a temporary use by-law that expired in February, 2003. The open
application was considered by Council in June, 2002, and has remained tabled since
then.
Municipality of Clarington
Report PSD-073-18 Page 3
988925 Ontario Inc.
1.5 The owner of the property located at 1678 Highway 2 in Courtice has a current
application for site plan approval, whereby permission is being sought to construct mixed-
use buildings on the site in compliance with the recently approved Courtice Main Street
Zoning By-law. The site plan application at 1678 Highway 2 will continue to be processed
as Staff work with the applicant to refine the site design and details.
2. Concurrence
Not Applicable.
3. Conclusion
Due to the recently approved Courtice Main Street Zoning By-law, it is recommended that
Council adopt the recommendation to approve most of the applications in the context of
By-law 2018-059 and that the application by LDB Holdings Ltd. be approved through a
site specific exception as contained in Attachment 3 to this report.
4. Strategic Plan Application
Not applicable.
Submitted by: Reviewed by:
David J. Crome, MCIP, RPP Andrew C. Allison, B.Comm, LL.B
Director of Planning Services Chief Administrative Officer
Staff Contact: Mitch Morawetz, Planner, 905-623-3379 ext. 2411 or mmorawetz@clarington.net
Attachments:
Attachment 1 – Table of private application files
Attachment 2 – Map showing subject properties
Attachment 3 – Zoning By-law amendment for 1603 Highway 2, Courtice
List of parties to be notified of Council's decision is on file in the Planning Services
Department.
MM/COS/jp
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Attachment 1 to
Municipality of Clarington Report PSD-073-18
Attachment 1
Recommendation on outstanding Zoning By-law amendment application files recommended
to be approved in the context of Zoning By-law 2018-059 for the Courtice Main Street Area
File number Applicant (Agent) Location Proposed
development
Staff comments
ZBA 99-037 David West,
Wayne West and
Ronald Wilson
1564 Highway
2, Courtice
Professional
Office
Use permitted,
subject to site
plan approval.
ZBA 99-042 Charles Murphy
and Susan
Stephenson
(G.M. Sernas &
Associates Ltd.)
1556 Highway
2, Courtice
Professional
Office
Use permitted,
subject to site
plan approval.
ZBA 2000-007 William Bryans
(Tunney Planning
Inc.)
1560 Highway
2, Courtice
Professional
Office
Use permitted,
subject to site
plan approval.
ZBA 2001-019 LDB Holdings Ltd.
(Derek Baird)
1603 Highway
2, Courtice
Professional
Office
Propose new
exception zone
to recognize
existing use.
ZBA2016-0004 988925 Ontario
Ltd. (Valerie
Cranmer &
Associates)
1678 Highway
2, Courtice
New mixed-use
building(s)
Proposed use is
permitted.
Attachment 2 to
Municipality of Clarington Report PSD-073-18
Attachment 3 to
Report PSD-073-18
Corporation of the Municipality of Clarington
By-law Number 2018-______
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA 2001-019;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 16A.7 “Site Specific Exceptions” is hereby amended by adding thereto
the following new Site Specific Exception Zone 16A.7 as follows:
“16A.7.4 Residential Mixed Use Exception (MU2-1) Zone
Notwithstanding the respective provisions of Section 16A, those lands zoned
“MU2-1 (S:4/6)” on the Schedules to this By-law shall, in addition to all other uses
and regulations of the MU zone, be subject to the following requirements:
Permitted Uses
a. A business, professional or administrative office may be located within the
principal building which existed on September 17, 2018, the date of the
passing of this By-law.”
2. Schedule ‘4’ to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from "Holding Residential Mixed Use (H)(MU2) Zone" to
"Holding Residential Mixed Use Exception (H)(MU2-1) Zone" as illustrated on the
attached Schedule ‘A’ hereto.
3. Schedule ‘A’ attached hereto shall form part of this By-law.
4. 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-Law passed in open session this _____ day of ____________, 2018
__________________________
Adrian Foster, Mayor
__________________________
C. Anne Greentree, Municipal Clerk
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