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HomeMy WebLinkAboutPD-59-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: PD -59 -97 REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File #��� Date: Monday, May 5, 1997 Res. 4 2I` . Report #: PD -59 -97 File #: DEV 97 -019 By -law # REZONING • CLARINGTON PLACE LIMITED DARLINGTON PT. LOT 16, CONCESSION 1, FORMER TOWNSHIP OF FILE: DEV 97-019 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -59 -97 be received; 2. THAT the application to amend the former Town of Newcastle Comprehensive Zoning By -law 84 -63 submitted by Martindale Planning Services on behalf of Clarington Place Limited be referred back to Staff for further processing and preparation of a subsequent report pending receipt of all outstanding comments; and, 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Clarington Place Limited 1.2 Agent: Martindale Planning Services 1.3 Application: From "Agricultural (A) Zone" to an appropriate zone permitting the development of a temporary parking lot. 1.4 Site Area: 1.94 hectares (4.80 acres) 2. LOCATION 2.1 The subject lands are located at the intersection of Clarington Boulevard and Uptown Avenue, north of the newly developed theatres. The land area subject to 601 REPORT . 7777 ' this application is 1.94 hectares (4.80 acres). The property in legal terms is known as Part Lot 16, Concession 1 in the former Township of Darlington. • r 3.1 On March 13, 1997, Martindale Planning Services filed an application on behalf of Clarington Place Limited with the Municipality of Clarington to amend the former Town of Newcastle Comprehensive Zoning By -Law 84 -63. The purpose of the application is to change the current zoning from "Agricultural (A) Zone" to an appropriate zone permitting the development of a temporary parking lot to serve the theatre, and existing /future restaurants on the property. 3.2 A temporary use by -law can be approved by Council for a maximum period of three years. Upon further application, Council can extend a temporary use for a further three year period. 4. EXISTING AND SURROUNDING USES 4.1 Existing Uses: Vacant land 4.2 Surrounding Uses: East: Garnet B. Rickard Recreation Complex North: Vacant land West: Vacant land South: Theatres, existing and future restaurants, and parking lot 5. OFFICIAL PLAN POLICIES 5.1 Within the existing 1991 Durham Region Official Plan, the subject lands are designated "Main Central Area ". Parking lots are permitted within this designation. The application appears to conform with the policies. 6 ,02 REPORT NO. PD-59-97 PAG" 5.2 The subject lands are designated "Main Central Area - Community Facility" within the Clarington Official Plan. Parking lots for commercial purposes are not permitted with this land use designation. The applicant has submitted an official plan amendment application (COPA 97 -003) for consideration. 5.3 Temporary use by -laws may be approved to permit uses on a temporary basis provided that the following criteria are fulfilled: the proposed use is temporary in nature; the proposed use is compatible with adjacent uses and has no adverse impacts; • there are no adverse impacts on the transporation system in the area; the use can be removed and the site can be restored to its original condition; • the site can be adequately serviced; and • the use does not implement the long -term implementation of this Plan. The proposed use appears to meet the temporary use criteria and would therefore conform to the Plan. 6. ZONING BY -LAW CONFORMITY 6.1 The subject lands are currently zoned "Agricultural (A) Zone" which permit agricultural uses. As the proposed use do not comply with the zoning by -law, an application to rezone the property is warranted. 7. PUBLIC NOTICE AND SUBMISSION 7.1 Pursuant to requirements of the Planning Act, the appropriate signage acknowledging the application was erected on the subject lands. The required notice was mailed to each landowner within the prescribed distance. 7.2 As of the writing of this report, no written submissions have been received. One inquiry from an adjacent resident for general information have been received. 603 REPORT NO. PD-59-97 PAGE 4 8. AGENCY COMMENTS 8.1 The application was circulated to solicit comments from other relevant agencies. 8.2 Comments still remain outstanding from the following agencies: Clarington Public Works Department - Engineering Durham Regional Planning Department Durham Regional Public Works Department Central Lake Ontario Conservation Authority 9. STAFF COMMENTS 9.1 This commercial parking lot proposal is being considered at the request of the applicant. When the theatre was originally approved by Council on June 26, 1995, Staff recognized that parking for the development would become an issue. A traffic study which examined the parking issue was submitted. The study suggested that in the interest of urban form, on- street parking and shared parking arrangements between restaurant, theatre, and retail uses would be desirable. At that time, Staff indicated that the applicant would have to address the parking deficiency issue through subsequent phases of development. As a result, additional lands for commercial parking are now being considered. 9.2 A portion of the temporary parking area will be located on the future extension of Clarington Boulevard on a temporary basis. When the applicant is prepared to continue with a future development phase in this area, the road extension will be constructed and deeded to the Municipality and the temporary use will be rescinded. Any temporary parking spaces lost to development and road construction will therefore have to be provided in an alternative location. 604 REPORT • PD-59-97 PAGE 5 9.3 Preliminary discussions with the Central Lake Ontario Conservation Authority indicated that the existing theatre and restaurant development to the south was approved provided that all stormwater was contained on their site. In order for the temporary parking lot to proceed, the applicant will have to ensure that this requirement can be fulfilled. 9.4 The applicant is applying for a temporary use by -law under Section 39 of the Planning Act. Council may approve such a by -law for a maximum period of three years. 9.5 As the purpose of this report is to satisfy the requirements for the Public Meeting under the Planning Act, and considering the number of outstanding comments, it is respectfully requested that this report be referred back to Staff for further processing and the preparation of a subsequent report. Respectfully submitted, r (� Franklin Wu, M.C.I.P. Director of Planning and Development RH *FW *km Recommended for presentation to the Committee xll;kll1_/_'fl""')' W.H. Stockwell, Chief Administrative Officer Attachment #1 - Key Map Attachment #2 - Proposed Site Plan 605 REPORT .D Interested parties to be notified of Council and Committee's decision; Mr. Glenn Willson Mr. Robert Martindale Clarington Place Limited Martindale Planning Services 140 Bond Street 23 Elizabeth Street P.O. Box 488 Ajax, Ontario Oshawa, Ontario L1 T 2X1 L1 H 71-8 606 ATTACHMENT #1 17 a Y W X ATTACHMENT #2 0 o g u = a a � a N ? p m i o u O U � W N 7 � apa m l- x �ZV QOQQY = a O �Ua a V = �a> N C� `o W _ aZO 72I OW U W N E.2, w an�8 NOiONI�JV�O D z w a z � N O � O 2 C� 2 ILI