The URL can be used to link to this page

Home My WebLink AboutPD-92-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: COUR- COR.GPA REPORT 0 General Purpose and Administration Committee - Meeting: File Date: Monday, July 7, 1997 Res. # �_ -y " Z Report #: PD -92 -97 File #: DEV 97 -043 By -law # Subject: SITE PLAN AMENDMENT APPLICATION - COURTICE CORNERS LIMITED PART LOT 28, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON 2727 COURTICE ROAD FILE: DEV 97 -043 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -92 -97 be received for information; and 2. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Courtice Corners Limited 1.2 Owner: Courtice Corners Limited 1.3 Site Plan Amendment: to install a wire mesh fence instead of the wood privacy fence as per the site plan agreement. 2. LOCATION 2.1 The subject lands consist of a recently built commercial plaza which is located at the southeast corner of Highway 2 and Courtice Road. The location of the fence in question is at the south and east limits of the property. The lands are designated and zoned Commercial. The lands to the south and east are located within the Courtice Urban Area and are designated Future Urban Residential. 6 990 1 REPORT NO. PD -92 -97 PAGE 2 3. BACKGROUND 3.1 In September, 1995, staff met with Rick Gay about a number of site plan issues including the fencing requirement. At that time, Mr. Gay stated that he would prefer to build a post and wire fence to prevent the cows from the neighbouring farm from entering onto his site. It is noted that a post and wire fence currently exists along the eastern and southern boundary of the site. At that time, staff advised Mr. Gay that this would not be acceptable. We stated that if damage to the privacy fence was a concern, he could erect the privacy fence just inside the property line, fully on his lands. The fence then would directly abut the existing post and wire fence. At that time he agreed to erect a privacy fence. 3.2 The original Site Plan Agreement was registered on October 17, 1995. This agreement required a 1.8 metre (6 foot) privacy (board on board) fence to be constructed around the south and east perimeter of the site. A performance guarantee covering the cost of constructing the fence in the amount of $10,900.00 was received prior to registration of the site plan agreement. 3.3 Mr. Gay recently submitted an application to amend the site plan, to remove the requirement of the wood privacy fence. In support of his request, a letter signed by the Muir family was included. The Muirs own the abutting lands. This letter states that cattle will destroy a board -on -board privacy fence and that vandalism will proliferate if the fence is erected as visibility of the area is reduced. 3.4 The Muir's have advised staff that the existing post and wire fence needs to be replaced as it is getting old and they are no longer satisfied that it will keep the cows on their property. Apparently Mr. Gay and the Muir family have agreed that Mr. Gay will replace the existing post and wire fence and erect a new "cow" fence on the property line. The Muirs do not want a board -on -board fence to be constructed on the property line. 699W 3 REPORT NO. PD -92 -97 4. COMMENTS 4.1 The Zoning By -law requires in Section 3.15 a.: "that where the side or rear lot line in a Commercial zone abuts a Residential Zone, a planting strip adjoining such abutting lot line, shall be provided on the lot within the Commercial zone with a minimum width of 1.5 metres. Alternatively, and in lieu of such planting strip, a privacy fence may be provided. Such fence to provide a solid barrier not less than 1.8 metres and not more than 2.4 metres in height." When the original site plan application was approved, only 1.2 metres of landscape strip was provided. Hence, privacy fence requirements was required to ensure conformity to the Zoning By -law. The current application to amend the approved site plan to remove the privacy fence would not conform to the Zoning By -law. 4.2 The lands (currently owned by the Muir family) surrounding this existing commercial plaza are designated "Future Urban Residential" in the Clarington Official Plan and zoned "(H)R1 Residential'. Although there is no proposed subdivision, these lands are slated for residential development. We understand the Muir family have no intention to develop these residential lands. However, the fact remains that these lands are capable to be developed and will house future residents. Hence, the provision of a privacy fence to separate existing commercial development and future residential uses is essential to alleviate two abutting incompatible land uses and to offer some privacy protection to future home owners. The Municipality must ensure the public interest of the future home owners are protected and not approve the deletion of the privacy fence. 4.3 The requirement of a privacy fence between incompatible land uses is a proper planning practice that has been used consistently throughout the Municipality. For example, in the approval of the Valiant commercial development at Townline and Highway 2, a privacy fence was required to protect the existing residents on 699014 REPORT NO. PD -92 -97 PAGE 4 Bridle Court. Staff feel strongly that any deviation from this requirement would set a bad precedence and would not be in the public interest. 4.4 Based on the aforementioned rationale, the Director denies the site plan amendment application. The applicant has been advised of this report being forwarded to G.P.A. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P., W. H. Stockwell Director of Planning Chief Administrative and Development Officer HB *FW *cc Attachment #1 - Site Plan Attachment #2 - Mr. Gay and Muir Family Correspondence June 24, 1997 Interested parties to be notified of Council and Committee's decision: Courtice Corners Limited 97 Athol Street East Oshawa, Ontario L1 H 1 J8 The Muir Family 2470 Courtice Road Courtice, Ontario L1 E 2M8 699015 �I� �1�Illill 1111 1, MEN MR 0 Oil III .1111111 m MMll ATTACHMENT #1 to 18 f Ali ---------- ....... 11-- .... . .... . ...... . 699016 MUNICIPALITY OF CLARINGTON Planning Department 40 Temperance Street Bowmanville, Ontario L1C 3A6 ATTENTION: Frank Wu Gentlemen: ATTAC H ME NT l? June 4, 1997 M Hand - delivere ICIPt LILY OF CLARIf -J xTOP PLANNING DEPAiiiMENT j RE: Site Plan Amendment Application 2727 Highway ##2 Perimeter Fence Construction We the undersigned are land owners at 2727 Courtice Road, Courtice Road and 1805 Hwy #2 write in support of the Site Plan Amendment Application filed by Courtice Corners Limited regarding the type of fence construction which we would like to see between our properties. The fence in question will separate farmers fields which are used for cattle grazing and have been for the past 60+ years, and a new commercial plaza (1996). The Site Plan Agreement currently requires a solid type wood fence, which is not practical because: a. cattle laying along the fence line will quickly destroy this type of rigid construction; b. large groups of teenagers are already "hanging out" and causing miscellaneous acts of vandalism at the commercial plaza. Building a solid fence will provide these groups with a private alleyway for their mischief and destruction. For the above reasons we are proposing a more traditional farm fence, constructed of wood posts and wire mesh. We have filed a Site Plan Agreement Amendment application as of May 29/97 and hope that you will agree with our position. Thank you. Co r Corners Li ited Rick Gay, Presiden The Muir Family CC: Diane Hamre, Larry Hannah, Mary Novak, Carson Elliott, Patricia Pingle, Ann Dreslinski, David Scott 600917