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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 n linWu, 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 Lf) ~ ll:: <:> g ~ lJ.J '" '" {j 0 i5~~Ci .,. "Iu ~ l:! ~ ~ lJ.J {j ;:~~~ "''-~ -to'" ~ ~ ' j::ti "'~ - "( ~.., o '" 00'9 E III N l- ll) NUl ~\j a. Ul ... - SL 'S -.J lil o '" ~ vS.vS aVOtl 3:>lltlnOJ '-" ::tu :g ~~ ~ ~~ Gl ~ Attachment 1 To Report PSD-067-07 - i: Q) - E r: ~ T'" "C ~ (\) 0 0 0 E t: s::: ~ 0 Q) 0 "'C ~ 0 s::: ~ !:: . ... .. Q) t:' ..... ell: ....... E 0 0 ro 0 3: 0 <( C) ('II lil ("II r:::: i.: -; cu <( >- <( ~ co D- r: m D.. ~ C) UJ Q) N s::: ~ 0 .r: en 0 1'>.1 ., '0 '" " (2 ~ QJ ;: lu '" -.l 8 ;: LO 10,98 ~ ~ . 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. , i 01 ~I ~I a:: 81 41.15 "<t lr. "<t lr. 41.15 I2Z] Zoning Change From "A" To "A-78" Jim Abernethy, Mayar Patti L. Barrie, Municipal Clerk ~ C'. ~ '0 (;; r' V', >oJ \ . $ -:::c >-..; ~ z;",; :~....l Courtice