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HomeMy WebLinkAboutPSD-016-10Clar~~gton Leading the Way REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 1, 2010 Resolution #: G~PF} -053-10 Bylaw #: N/A Report #: PSD-016-10 File #'s: COPA 2009-0001 and ZBA 2009-0001 Subject: APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW TO PERMIT AN OUTDOOR RECREATIONAL VEHICLE STORAGE BUSINESS APPLICANT: TIMOTHY AND SANDRA KEARNS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-016-10 be received; 2. THAT the applications submitted by Timothy and Sandra Kearns for Official Plan and Zoning By-law amendments continue to be processed; and 3. THAT all interested parties listed in PSD-016-10 and any delegations be advised of Council's decision. Submitted. by: ~ frt~ Reviewed by:~F "^"'~-x-=~~ e Langm d, FCSLA, MCIP Franklin Wu ing Director, Planning Services Chief Administrative Officer MH/CP/df 21 January 2010 CORPORATION OF THE MUNICIPALITY OF VILLE, ONTARIO L1C 3A6 T (905)623-3379 F REPORT NO.: PSD-016-10 1.0 APPLICATION DETAILS 1.1 Applicant/Owner: Timothy and Sandra Kearns PAGE 2 1.2 Proposal:. To amend the Official Plan and Zoning By-law to permit an outdoor recreational vehicle (RV) storage business 1.3 Area: 4.03 ha 1.4 Location: 3424 & 3436 Courtice Road, Part Lot 29, Concession 3, Former Township of Darlington 2.0 BACKGROUND 2.1 The proposed RV storage use already exists on the subject properties; the use has not received prior approvals and does not predate the zoning on the subject lands. The Municipality became aware of the use, and the applicants were given the choice to cease their operation, or to move forward with legalizing the business through the appropriate development approval processes, 2.2 On February 3, 2009, Timothy and Sandra Kearns submitted applications to amend the Clarington Official Plan and Zoning By-law 84-63. The amendments are to permit a commercial operation on the subject lands for the outdoor storage of RV's. The applicant intends to maintain the existing residential dwellings on both subject properties, and use the remaining cleared areas on site for the outdoor storage of approximately 100 RV's/boats. The applications were considered complete on December 3, 2009. 2.3 As part of their applications for Official Plan Amendment and Rezoning, a Planning Rationale Report was submitted in support of the proposed outdoor RV storage use. An Environmental Impact Study (EIS) is required as part of the application due to the property's proximity to a significant wetland, woodlands and valleylands. The applicants agreed to the funding of the EIS and a consultant was chosen by staff to carry out the study. A draft version of the EIS report is scheduled to be prepared by mid-July, 2010. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject land is located on Courtice Road, north of Nash Road, within the urban boundary of Courtice. The total lot area of both properties combined is 4 hectares and approximately half of the subject land is heavily vegetated woodland/wetland. The remaining 2 hectares, approximately, is cleared land which fronts onto Courtice Road. The cleared portion of land appears to be reasonably level, and is currently being used for the storage of RV's boats. In addition, there exists two single detached dwellings on the subject lands (one on each property) and a number of accessory buildirigs and structures. REPORT NO.: PSD-016-10 PAGE 3 3.2 The abutting residential property to the north has. a fair amount of mature vegetation along its southern property line, which provides natural screening from the proposed storage area on the subject lands. An existing wooden fence along the southern property line of the subject land appears to be several years old, and does not provide full screening of the proposed storage area from the adjacent property to the south. The following is an air photo of the site taken April 2008 and a photograph taken January 11, 2010 illustrating existing site conditions. Photo 2: Subject Properties -View from Courtice Road REPORT NO.: PSD-016-10 PAGE 4 3.3 The surrounding uses are as follows: North -Rural Residential Properties South -Rural Residential Properties East -Vacant land (Draft Approved Plan of Subdivision) West -Vacant land/Provincially Significant Wetland 3.4 The lands which are located on the east side of Courtice Road, opposite the subject lands, have been granted Draft Approval for a Plan of Subdivision. Proposed servicing for those lands is to be extended from the existing subdivision further east (Harry Gay Drive). 4.0 PROVINCIAL POLICY 4.1 Provincial Policv Statement The application is consistent with a number of policies of the 2005 Provincial Policy Statement (PPS). Land use must be carefully managed to accommodate appropriate development to meet the full range of current and future needs, while achieving efficient development patterns. The PPS states that: "Ontario's long-term prosperity, environmental health and social well-being depend on wisely managing change and promoting efficient land use and development patterns. Efficient land use and development patterns support strong, liveable and healthy communities, protect the environmental and public health and safety, and facilitate economic growth." Healthy, liveable and safe communities are sustained by promoting cost-effective development standards to minimize land consumption and servicing costs. In addition, long-term economic prosperity should be supported by optimizing the long-term availability and use of land, resources, infrastructure and public service facilities. 4.2 Provincial Growth Ptan The Provincial Growth Plan seeks to address the challenges of an infrastructure deficit, through policy directions that: • Direct growth to built-up areas where the capacity exists to best accommodate the expected population and employment growth, while providing strict criteria for settlement area boundary expansions • Preserve employment areas for future economic opportunities The principles of the Growth Plan that guide decisions on how land is developed, resources are managed and public dollars are invested include: Planning and managing growth to support a strong and competitive economy and optimizing the use of existing and new infrastructure to support growth in a compact, efficient form. REPORT NO.: PSD-016-10 PAGE 5 5.0 OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Region Official Plan designates the subject lands as Living Areas, which shall be used predominantly for housing purposes. Others uses, such as local centres and corridors and employment area uses which are not obnoxious in nature, shall be permitted in Living Areas subject to the inclusion of appropriate provisions and designations in the area municipal official plans. 5.2 Clarington Official Plan The Clarington Official Plan designates the subject lands as Urban Residential and Environmental Protection Area. The predominant use of .lands designated Urban Residential within each neighbourhood shall be for housing purposes. An outdoor recreational vehicle (RV) storage business is not permitted within the Urban Residential designation. No development shall be permitted on lands designated Environmental Protection Area except low intensity recreational uses. The proposed RV storage area is not proposed to be located on those lands designated Environmental Protection Area. According to Map C1 "Natural Heritage System" of the Official Plan, there appears to be wetland, significant valleylands and significant woodlands on the subject property. In addition, the lands are within the Lake Iroquois Beach natural heritage policy area. The Clarington Official Plan identifies Courtice Road as a Type "A" arterial road. In an urban area, private access to a Type "A" arterial road is limited to one access every 200 metres of road. The Clarington Official Plan states that an Environmental Impact Study shall be undertaken for development applications located on or adjacent to any natural heritage feature and the Lake Iroquois Beach. An Environmental Impact Study has commenced, and is scheduled to be finalized in the fall of 2010. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands "Agricultural (A)" and "Environmental Protection (EP)". The proposed outdoor storage business is not a permitted use within either the "A" zone or the "EP" zone. 7.0 PUBLIC NOTICE AND SUBMISSIONS Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting sign was installed on the subject lands. REPORT NO.: PSD-016-10 PAGE 6 One inquiry was made by a nearby resident who voiced a number of concerns relating to the proposed RV storage business. These concerns included: the proposed use being incompatible with the surrounding residential properties; and the RV storage business will have a negative affect on their private well (oil/gas leaks contaminating water) and their personal enjoyment of their property (view of industrial storage). 8.0 AGENCY COMMENTS 8.1 The application has been circulated to the applicable agencies for comment. Enbridge Gas Distribution Inc., Clarington Operations Department and Clarington Building Division have no objections to the application. 8.2 Clarington Emergency Services have no objection provided that the driveway access route be able to withstand the weight of a fire fighting apparatus. 8.3 Durham Regional Health Department has no objections to the application provided that the existing sewage disposal system is protected against vehicular traffic. 8.4 Clarington Engineering Services has no objection to the Official Plan Amendment and Rezoning. Engineering Services has identified a number of issues that must be addressed prior to site plan approval should the current application be successful. 8.5 Comments from Durham Regional Planning Department, Durham Regional Works Department,. Central Lake Ontario Conservation and Hydro One Networks remain outstanding at the time of writing this report. 9.0 STAFF COMMENTS 9.1 The Planning Justification Report submitted in support of the application suggests that commercial outdoor storage businesses are permitted within industrial areas, however the use of serviced industrial land for a parking area for recreational vehicles (RV) would be cost prohibitive and an underutilization of industrial land. The report also suggests that the storage of RV's and boats is a business in demand in Clarington as many urban residential properties do not have the space to accommodate the storage of a personal RV or boat. 9.2 Portions of both subject properties are identified within the Municipality of Clarington Land Acquisition Strategy 2000, as valley lands to be acquired by the Municipality within the next 10 plus years either through acquisition at no cost, minimal cost, lease or donation. Following completion of the Environmental Impact Study this will be reviewed further. REPORT NO.: PSD-016-10 PAGE 7 9.3 Ah Environmental Impact Study is scheduled to commence, in accordance with municipal requirements, and a draft report will be completed by July 2010. Until such time as the study has been finalized, staff are unable to identify the potential impacts the proposed use may have on the existing ecologically significant features. 10.0 CONCLUSION 10.1 As the purpose of this report is to satisfy the requirements of the Public Meeting under the Planning Act, and taking into consideration Staffs comments, it is respectfully recommended that the application for Official Plan and Zoning By-law amendments continue to be processed. Staff Contact: Meaghan Harrington Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Official Amendment submitted by applicant List of interested parties to be advised of Council's decision: Timothy and Sandra Kearns Attachment 1 To Report PSD-016-10 w c c ~ z Y E v W ~ t0 °~ 'a ~ D r ~ U ~ Z O Q Q ~.,~. . ~ ~ c ~ ~ o ~ ~ ~ ~ O to ~ ~® N ~ Q .~ J mm ao Y ' O ~ ~° g ~ N ~ ~ ~ Z V a` ~ ~ 3 a O ~ a~ ~ ~ N 3 s ~. V 0 ovod aoildnoo - - - - - - - -. ,- :.., s, - --~ ~- - -- - - !'~ i i I ~ - - N ~ - cv - ~ O m ~ ~ - N - (n r (/~ ~ ~ - ~ ~ - N (CS ~ N N td - (AL - °o.a fAL Qa 0 0 - a a `~ 819 ~, Attachment 2 To Report PSD-016-10 AMENDMENT NO._ TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this amendment to the Clarington Official Plan is to permit a commercial recreation vehicle storage business to be located at 3424 - 3436 Courtice Road North until such time as urban services are available to the property. , LOCATION: The subject site is located within part of Lot 29, Co~~c~sson 3, Former Township of Darlington on the west side of. Courtice Road North, within the Courtice Urban Area, Municipality of Clarington. BASIS: This amendment is based on the resolution of the General Purpose- . and Administration Committee on with respect to Official Plan Amendment Application ACTUAL AMENDMENT: The Municipality of Clarington Official Plan is hereby amended by adding the following policy: "9.3.9 Notwithstanding Section 9.3.4, a commercial recreation vehicle storage business is permitted on the lands municipally known as 3424 and 3436 Courtice Road North on a temporary basis until such time as urban services are available to the lands. " IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official Plan, as amended regarding implementation of the Plan shall apply to this Amendment. INTERPRETATION: The provisions set forth in the Municipality of Clarington Official Plan, as amended, regarding the interpretation of the Plan shall apply to this Amendment.