HomeMy WebLinkAboutPD-52-98,ON: PD-52-98
THE CORPORATION OF THE MUNICIPALITY OF CLALINGTON
REPORT
PUBLIC MEETING
Meeting: General Purpose and Administration Committee File ##~~~ ~eJ- q8:o l3
Date: Monday, May 4, 1998 Res. #G ~Ya ' as ~ ` ~g
Report #: PD-52-98 FILE #: DEV 98-013 & 18T-98004 By-law #
Subject: REZONING APPLICATIONS-APPLICANT: GREEN MARTIN
DEVELOPMENTS LTD. & GREEN MARTIN PROPERTIES LIMITED
PART LOT 17, CONC. 1 & 2, FORMER TOWNSHIP OF DARLINGTON
NORTHWEST CORNER OF GREEN ROAD AND HIGHWAY 2
FILE NO.: DEV 98-013 & 18T-98004
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-52-98 be received ;
2. THAT application to amend the Zoning By-law 84-63 of the former Town of
Newcastle, as amended, submitted by Design Plan Services Inc. on behalf of Green
.Martin Developments Ltd. & Green Martin Properties Ltd. be referred back to staff;
and
3. THAT the Durham Regional Planning Department, and all interested parties listed in
this report and any delegations be advised of Council's decision.
1.
1.1
1.2
1.3
APPLICATION DETAILS
Applicant: Green Martin Developments Ltd. & Green Martin Properties Ltd.
Agent:
Rezoning:
1.4 Area:
Design Plan Services Inc.
From "Agricultural (A)" to an appropriate zone to permit the
development of a business park
7.69 ha (19 acres)
2. LOCATION
2.1 The property subject to application for rezoning and draft plan of subdivision is on the
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REPORT NO.: PD-52-98
PAGE2
north west corner of Highway No. 2 and Green Road. It is located in Part Lot 17,
Concession 1 & 2 of the former Township of Darlington, and is municipally known as
2340 Highway No. 2.
3 BACKGROUND
3.1 The application for rezoning was received on March 9, 1998. On March 16, 1998,
correspondence was received from the Region of Durham that an application for
proposed Draft Plan of Subdivision had been received for the subject lands. A joint
circulation of the applications was undertaken by Clarington Planning staff.
3.2 The applicant has submitted a Phase 1 and 2 Environmental Site Assessment Report in
support of the joint applications. The Phase 2 assessment was required as portions of
the subject property have been, or are currently used for apple orchards. It is
therefore possible that substances containing elements such as arsenic and cyanide
may be present in the soil, since such substances have historically been associated
with orchard pesticides. The chemical analysis of four tests pit excavated indicated
that the concentrations of the investigated parameters are below the limits specified in
the M.O.E. Guideline. The consultant has concluded that the site represents a low
level of concern with respect to environmental contaminants.
4 EXISTING AND SURROUNDING USES
4.1 Existing Uses: the subject lands are currently used as an apple orchard, a
driving range and residence
4.2 Surrounding Uses: West- existing residences fronting on Highway No. 2
East - Green Road and vacant land
South - Highway No. 2 and existing residences
North - apple orchard and vacant land.
5. OFFICIAL PLAN POLICIES
5.1 Within the Durham Regional Official Plan (DROP) the subject property is designated
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REPORT NO.: PD-52-98
PAGE3
Living Area. The predominant use of lands within this designation is for housing
purposes. In addition, subject to the inclusion of appropriate provisions and
designations in the area municipal official plan, special purpose commercial uses may
be permitted. Special Purpose Commercial uses shall serve "specialized needs on an
occasional basis with services and facilities which consume larger parcels of and land
and require exposure to traffic such as, and similar in kind to, automotive sales and
services, drive-in restaurants, motels, hotels, lumber yards, furniture and major
appliance sales."
5.2 Within the Clarington Official Plan the subject lands are designated "Highway
Commercial Area" subject to the provisions of Special Policy Area H, within the
Bowmanville Urban Area. A designated collector road, as shown on both Map A3 and
Map 63 of the Official Plan, delineates the north limits of both the Highway
Commercial Area and the Special Policy Area H. The Highway Commercial Area
designation is intended to serve the specialized needs of residents on an occasional
basis with services and facilities which consume large parcels of land, require
exposure to traffic and may require outdoor storage and display of goods. Uses such
as, and similar in kind to automotive sales and service, home improvement centres,
garden centres and nurseries, restaurants, motels, hotels, service stations and motor
vehicle service establishments are permitted.
5.3 The provisions of Special Policy Area H state that "Council has recognized these lands
"as an important site which will be a gateway to the Bowmanville Urban Area." As a
result in addition to the provisions of Section 10.9 of the Official Plan, Highway
Commercial Areas, the following specific provisions have been included:
• no service stations or motor vehicle service establishments shall be are permitted;
• prior to any development, the proponent shall enter into an agreement with the
Municipality to construct a tourist information centre, no less than 0.5 ha in size at
a location and design satisfactory to the Municipality. In addition, said centre and
lands shall be conveyed to the Municipality for a nominal fee; and
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REPORT NO.: PD-52-98
PAGE4
• the lands shall be subject to urban design guidelines to be prepared and approved
by the Municipality.
5.4 At this time the required urban design guidelines have not been prepared. The
applicant has offered to prepare terms of reference for the preparation of the urban
design guidelines. Staff will review the terms of reference, at such time they are
received, and make any revisions deemed necessary prior to the study commencing.
6. ZONING BY-LAW PROVISIONS
6.1 The subject lands are zoned in part "Agricultural (A)" and in part "Agricultural
Exception (A-50)". Neither zone would permit the development of a business park
with uses contemplated in the Highway Commercial Area designation.
7. AGENCY COMMENTS
7.1 In accordance with departmental procedures, the application was circulated to obtain
comments on the rezoning and proposed draft plan of subdivision from various
agencies and departments. As of the date of drafting this report comments remain
outstanding from the following agencies and departments:
• Regional Works;
• Central Lake Ontario Conservation Authority; and
• Clarington Public Works.
7.2 In response to the request for comments, Regional Planning Staff advise that any
Regional concerns will be addressed through the processing of the subdivision
application 18T98004.
7.3 The following agencies have advised that they have no objection:
Ontario Hydro; and
Clarington Fire Department.
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REPORT NO.: PD-52-98
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8 PUBLIC MEETING
8.1 Pursuant to Council's Resolution of July 26, 1982 and the requirements of the
Planning Act the appropriate signage acknowledging the application was installed on
the subject lands. In addition, the appropriate notice was mailed to each landowner
and tenant within the prescribed 120 m distance of the subject lands.
8.2 As of the drafting of this report, staff have received one enquiry about the proposed
development. The caller, the consultant for a neighbouring land owner, suggested a
correspondence would be forwarded advising of concerns with respect to the
development.
9 STAFF COMMENTS
9.1 Through the preparation of the Clarington Official Plan, the subject lands were
recommended by staff to be Urban Residential within the Clarington Official Plan.
However, at the January 29, 1996, Public Meeting to adopt the Clarington Official
Plan, Council, following delegations by the Kaitlin Group, modified the Plan to
redesignate the subject land to Highway Commercial Area subject to conditions
(Section 5.3).
9.2 The applicant is proposing to create three blocks through the proposed draft plan of
subdivision. One of the blocks, block 3, is the proposed Tourist Information Centre.
Block 3 is suggested to be 0.5 ha (1.23 acres). The other two (2) blocks are 0.72 ha
(1.77 acres) and 5.32 ha (13.14 acres). The remaining two blocks are proposed to be
divided through applications for Part Lot Control as specific developments are
approved. Each proposed development will require site plan approval prior to
considering a Part Lot Control application.
9.3 Apre-consultation meeting was held on February 26, 1998, with the applicant and his
agent. During that meeting Planning staff suggested that a traffic study may be
warranted if further access points on to either Green Road or Highway No. 2 were
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REPORT NO.: PD-52-98
PAGE 6
contemplated. In addition, staff suggested that a concept for the development and
further division of Blocks 1 and 2 would be required. These issues will be considered
as part of the terms of reference for the required Design Guidelines.
10 CONCLUSION
10.1 The purpose of this report is to facilitate the Public Meeting as required by the
Planning Act, to provide Committee and Council with some background on the
application submitted and for Staff to indicate issues or areas of concern regarding the
subject applications. It is recommended the applications be referred back to Staff for
further processing and subsequent report upon receipt of all outstanding comments
and required revisions.
Respectfully submitted,
~_J f ~
t~
Franklin Wu, M.C.I.P., R.P.P.
Director of Planning & Development
Reviewed by,
W.H. Stockwell, '
Chief Administrative Officer.
CP*FW*cc
18 March 1998
Attachment #1 - Key Map
Interested parties to be notified of Council and Committee's decision:
Green Martin Developments Ltd.&
Green Martin Properties Ltd.
1029 McNicoll Avenue
SCARBOROUGH, Ontario M1W 3W6
Design Plan Services
385 The West Mall
Suite 303
ETOBICOKE, Ontario M9C 1E7
- 606
PROPOSED DRAFT PLAN
of SUBDIVISION
PART of LOT 17
CONCESSIONS 1 & 2 O
(FORMERLY TOWN OF NEWCASTLE)
MUNICIPALITY OF
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CLARINGTON
REGIONAL MUNICIPALITY
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® DEV. 98-073 & 78T-98004
BOWMANVILLE KEY MAP