HomeMy WebLinkAboutPSD-067-07
CJn!ilJgton
REPORT
PLANNING SERVICES
Meeting:
Date:
Report #:
GENERAL PURPOSE AND ADMINISTRATION MEETING
Tuesday, May 22, 2007 ~t"So/Jioyj#~ PA- 31:3 - 0-'
PSD-067-07 File No's: ZBA 2007-0001 By-law #: ~067--1 /0-
Subject:
REZONING TO PERMIT FARM-RELATED EQUIPMENT SALES AND
SERVICE USE ON AN EXISTING RURAL RESIDENTIAL LOT
APPLICANT: GARY AND DONNA ARNOTT
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-067-07 be received;
2. THAT the application for Zoning By-law Amendment submitted by Gary and Donna
Arnott be APPROVED and that the attached Zoning By-law Amendment be adopted by
Council;
3. THAT a copy of report PSD-067-07 be forwarded to the Durham Region Planning
Department; and
4. THAT all interested parties listed in this report, any delegations, the Regional
Municipality of Durham and the Municipal Property Assessment Corporation be advised
of Council's decision.
Reviewed by:
t
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Chief Administrative Officer
PW*CP*DC*sh*df*sn
May 14, 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-067-07
PAGE 2
1.0 APPLICATION DETAILS
1.1 Owner/Applicant: Gary and Donna Arnott
1.2 Rezoning: from "Agricultural (A)" to an appropriate zone to permit a farm-
related equipment sales and service use on a rural residential
property
1.3 Location: 2433 Courtice Road, Darlington
Part Lot 28, Concession 2, Former Township of Darlington
1.4 Site Area: 0.22 ha
2.0 BACKGROUND
2.1 In July of 2006, the Clarington Building Division received a complaint regarding the
construction of an addition to an existing accessory building on the subject property. As
no building permit had been issued the owner was advised to make application for a
building permit for the expansion. The use of the accessory building as a "tractor and
lawn equipment sales and repair establishment" was not permitted within the current
zoning of the property. Additionally, the size of the newly expanded accessory building
exceeds the maximum permitted floor area, which is limited to 40% of the floor area of
the principal dwelling.
2.2 After several meetings with Staff and elected officials, on December 22, 2006, the
Planning Services Department received a rezoning application for the subject lands. It
is the applicants' intention to live and work from the same property they have owned
since 1999. The existing garage was recently expanded to accommodate the space
required to carry on the commercial use.
2.3 The applicant has also submitted a site plan application (SPA 2007-0001) and
appropriate elevation drawings demonstrating the expanded buildings appearance and
practical utility.
2.4 Notice of the application was posted on the property and mailed to all owners within 120
metres. No inquiries with respect to this application have been received.
3.0 SITE CHARACTERISTICS AND SURROUNDING AREAS
3.1 The subject property is located on the east side of Courtice Road south of Highway 2
and north of Bloor Street. The property currently contains a single detached dwelling
and a detached accessory building. An outdoor storage area associated with the
proposed use is located behind the accessory building.
The current drainage for the property runs west-to-east from Courtice Road, through the
hard surfaced parking area, south of the outdoor storage area and into the lower-lying
agricultural lands to the east of the subject property.
REPORT NO.: PSD-067-07
PAGE 3
T_he single deta~hed dwelling used as the applicants' primary residence
The existing building to be used for farm-related equipment sales and service
3.2 Surrounding Uses:
North:
East:
South:
West:
Agricultural
Agricultural
Agricultural
Agricultural & Residential
REPORT NO.: PSD-067-07
PAGE 4
4.0 PROVINCIAL POLICY
4.1 Provincial Policv Statement
The Provincial Policy Statement states that, within rural areas, permitted uses and
activities shall:
. relate to rural land uses;
. be appropriate to the available and planned infrastructure;
. comply with the minimum distance separation formulae; and
. promote land uses that are compatible with the rural landscape and can be
sustained by rural service levels.
Further, the Provincial Policy Statement permits new agriculture-related uses provided
that they are compatible with and do not hinder surrounding agricultural operations, are
limited in scale and whose uses are included in municipal planning documents.
The rezoning of this site to allow for a farm-related equipment sales and service
establishment as a permitted use is consistent with the policies found within the
Provincial Policy Statement.
4.2 Places to Grow
The Growth Plan for the Greater Golden Horseshoe directs new development to
settlement areas except where necessary for development related to rural land uses.
The rezoning of this site to allow for a farm-related equipment sales and service
establishment as a permitted use is consistent with the policies found within the Growth
Plan for the Greater Golden Horseshoe.
5.0 OFFICIAL PLAN CONFORMITY
5.1 Durham Reaional Official Plan
The Durham Regional Official Plan designates the subject property "Prime Agricultural
Areas". This designation is intended to preserve lands with high agricultural significance
and/or existing farm operations for continued agricultural and agricultural-related uses.
The subject property is under 2 ha in size and therefore would not possess the required
lot area to be recognized as a farm operation. The proposal for a farm-related
equipment sales and service establishment conforms with the Durham Regional Official
Plan.
5.2 Clarinaton Official Plan
The Clarington Official Plan designates the subject property "General Agricultural Area".
Lands with this designation are intended to be used only for farm and farm-related uses,
including farm-related commercial uses provided that such uses:
. are compatible with existing and/or designated land uses in the surrounding areas
and do not generate excessive amounts of odour, traffic or other nuisances;
. do not conflict with surrounding agricultural uses;
REPORT NO.: PSD-067 -07
PAGE 5
. are not located on Class 1 or Class 2 soil;
. conform with the minimum distance separation formulae; and
. do not abut any designated rural settlement area.
It should be noted that the agricultural lands located across from the applicants'
property, on the west side of Courtice Road, are designated as "Urban Residential" in
the Clarington Official Plan.
6.0 ZONING BY-LAW CONFORMITY
6.1 The property is currently zoned "Agricultural (A)" which does not permit a farm-related
equipment sales and service establishment. As a result, the applicants have submitted
this rezoning application for consideration.
7.0 AGENCY COMMENTS
7.1 The rezoning application was circulated to a number of agencies for comment.
Clarington Emergency Services, Clarington Operations Department and Hydro One had
no objection to this application. The Durham Regional Health Department has stated
that their review of this application is not required as no water connections will be made
to the accessory building.
7.2 The Durham Regional Planning Department and the Durham Regional Works
Department have no objection to this application provided that the applicants convey
sufficient road widening to the Regional Municipality of Durham. Courtice Road,
otherwise known as Regional Road 34, is identified as a Type "A" arterial roadway
requiring a minimum right-of-way of 36 metres. As such, the applicants must provide for
18 metres from the centreline of the original roadway, along the entire frontage of the
property, free and clear of all encumbrances, to the Region of Durham.
7.3 The Clarington Engineering Services Department have no objection to this proposal,
however, they have provided comments applicable to the site plan application. These
include the following conditions; that all existing stormwater drainage patterns must be
maintained and remain unaltered; and, cash-in-Iieu of parkland dedication be provided
to the appropriate amount.
7.4 The Clarington Building Division has no objection to this application provided that a
building permit be approved for the additions to the existing garage, and that the
applicant pay all development charges prior to the issuance of a building permit.
8.0 STAFF COMMENTS
8.1 The site plan submitted in support of the rezoning application indicates seven (7)
parking spaces are currently provided on the property. Two (2) parking spaces are
required for use by the primary dwelling and five (5) parking spaces are required for the
farm-related equipment sales and service establishment of which one (1) of those
REPORT NO.: PSD-067-07
PAGE 6
spaces must be a handicapped space. Following the road widening conveyance to the
Region of Durham the applicants' parking lot will lose one of these parking spaces. In
order to accommodate the reduced parking area Staff have no objection to reducing the
total number of required parking spaces from seven (7) to six (6) in the zoning by-law.
The Zoning By-law provisions require one (1) loading space for the proposed use.
Given the size and nature of the operation Staff have no objection to exempting the
applicants from this requirement.
8.2 In conjunction with their business, the applicants have requested that an outdoor
storage area be permitted behind both fenced and vegetative screening. The outdoor
storage would be in the northeast corner of the property and adjacent to the accessory
building. Staff have no objection to the outdoor storage provided that it is appropriately
screened. This issue will be addressed through the Site Plan process.
8.3 The current setback from the centreline of the roadway to the applicants' property is
approximately 10 metres (actual distance to be established by an Ontario Land
Surveyor). A further 8 metres must be conveyed to the Region of Durham to satisfy the
above requirement. Any structures or fences which end up being located inside the
roadway, as a result of the widening, would require an encroachment permit.
The resulting impact of the road widening conveyance would be to reduce the overall
depth of the property from 41.15 metres to 33.15 metres and from an area of 0.22 ha to
0.18 ha.
8.4 There are two commercial signs present on the property. The first is a ground
identification sign located on the Courtice Road frontage. The second is a small wall
sign which is located on the west side of the accessory building. Both of these signs will
be incorporated in the Site Plan approval process.
8.5 The Finance Department advises that the taxes for the subject property have been paid
up-to-date.
9.0 CONCLUSION
9.1 Staff are satisfied that this application maintains the intent of the Official Plan policies.
Based on the comments provided in this report, it is respectfully recommended that the
rezoning application be APPROVED.
Attachments:
Attachment 1 - Key Map
Attachment 2 - By-law
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Attachment 1
To Report PSD-067-07
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Attachment 2
To Report PSD-067-07
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007-
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 former Town of Newcastle to implement zoning
amendment application ZBA 2007-0001;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 6.4 "SPECIAL EXCEPTIONS - AGRICULTURAL (A) ZONE" is hereby
amended by adding thereto the following new Special Exception 6.4.78, as follows:
"SECTION 6.4.78 AGRICULTURAL (A) ZONE"
Notwithstanding Sections 3.13 c), 3.16 a), 6.1 b), 6.3 b) c) i), iii), iv), and d) the lands
zoned A-78 on those Schedules to this By-law may, in addition to the other uses
permitted in the A Zone, be used for a farm-related equipment sales and service use, in
accordance with the following regulations:
a.
Yard Requirements (minimum)
i) Front Yard
ii) Interior Side Yard
iii) Rear Yard
0.5 metres
1.2 metres
14 metres
b.
Lot Frontages
50 metres
c.
Lot Coverage (maximum)
15%
d.
Loading Space Requirements
Zero (0) Loading Spaces
e.
Parking Space Requirements
Six (6) Parking Spaces
BY-LAW read a first time this
day of
2007
BY-LAW read a second time this
day of
2007
BY-LAW read a third time and finally passed this
day of
2007
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2007-
passed this day of ~ 2007 A.D.
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I2Z] Zoning Change From "A" To "A-78"
Jim Abernethy, Mayar Patti L. Barrie, Municipal Clerk
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