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Home My WebLink AboutPD-98-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: CLARINGTON.GPA REPORT Meeting: General Purpose and Administration Committee File # ` C -z? Date: Monday, July 7, 1997 Res. # Report #: PD -98 -97 File #: DEV 97 -019 By -law # l� Subject: REZONING APPLICATION - CAARINGTON PLACE LIMITED PART LOT 16, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON 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 -98 -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 to permit a parking area on the subject lands be APPROVED; 3. THAT the attached Temporary Use By -Law to permit a parking area on the subject lands be APPROVED for a period of three years from the date of approval; 4. THAT a copy of this report and the Temporary Use By -Law be forwarded to the Region Durham Planning Department; and, 5. 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 Rezoning Application: From "Agricultural (A) Zone" to "General Commercial Exception (C1 -22) Zone" to permit the construction of a parking area under the Temporary Use By -Law provision under Section 39 of the Planning Act for period of three years 699049 REPORT NO. PD -98 -97 PAGE 2 1.4 Site Area: 0.54 hectares (1.35 acres) • • 2.1 The subject lands are located at the northeast corner of the future Clarington Boulevard extension and Uptown Avenue in Bowmanville. The subject lands total 0.54 hectares (1.35 ac). The property in legal terms is known as Part Lot 16, Concession 1 in the former Township of Darlington. 3. BACKGROUND 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 parking area. 3.2 The rezoning application is being considered as a Temporary Use By -Law under Section 39 of the Planning Act in order that the parking area may be developed prior to approving the related amendment to the Clarington Official Plan (COPA 97 -003) and rezoning application (DEV 97 -018) under Section 34 of the Planning Act. 3.3 The applicant proposes to construct a parking area for approximately 150 cars. This area would be used to provide additional parking for the adjacent theatre and restaurants. 3.4 A Public Meeting was held on Monday, May 5, 1997 at which no objections were raised to the application. Only two general inquiries have been received on this application. 4. EXISTING AND SURROUNDING USES 4.1 Existing Uses: Vacant land 699050 REPORT NO. PD -98 -97 PAGE 3 4.2 Surrounding Uses: East: Garnet B. Rickard Recreation Complex North: Agricultural lands West: Agricultural lands South: Theatre and two restaurants 5. OFFICIAL PLAN POLICIES 5.1 Within the Durham Region Official Plan, the subject lands are designated "Main Central Area ". Parking areas are permitted within this designation. The application appears to conform with the policies. 5.2 Within the Clarington Official Plan, the subject lands are designated "Main Central Area - Community Facility ". Parking areas accessory to commercial uses are not permitted within this land use designation. The applicant has submitted an official plan amendment application (COPA 97 -003) for consideration. However, temporary use by -laws may be approved by Council 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 transportation 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 impact the long -term implementation of this Plan. The proposed use appears to meet the temporary use criteria and therefore conforms to this Plan. 69901 REPORT NO. PD-98-97 PAGE 4 6.1 The lands are currently zoned "Agricultural (A)" which permits agricultural uses. As the proposed use does not comply with the zoning by -law, an rezoning application is warranted. 7. AGENCY COMMENTS 7.1 The application was circulated to solicit comments from other relevant agencies. 7.2 The Clarington Public Works Department - Engineering Division has verbally indicated no objection in principle to the proposal provided that the following conditions are fulfilled: • A site plan application is required to examine engineering details for the M= • The applicant must enter into a development agreement to the satisfaction of the Municipality; and, • No entrance will be permitted from Uptown Avenue. An entrance will have to be constructed along the future Clarington Boulevard extension to the satisfaction of the Director of Public Works. 7.3 The Clarington Public Works Department - Parks Division has verbally indicated no objection in principle to the proposal provided that a 2% cash -in -lieu of parkland dedication is received. 7.4 The Durham Regional Planning Department has no objections to the proposal. 7.5 The Durham Regional Public Works Department has no objections to the proposal. 7.6 The Central Lake Ontario Conservation Authority has no objections to the proposal provided that an update to the stormwater management plan, which was approved for the theatre and restaurant development, be submitted for approval. 699052 REPORT NO. PD -98 -97 PAGE 5 9. STAFF COMMENTS 9.1 The Temporary Use By -Law is being considered for the property to enable the applicant to develop a parking area prior to the approval of the related official plan amendment (COPA 97 -003) and rezoning (DEV 97 -018) applications. 9.2 The applicant must submit a site plan application for approval. Staff feel that stormwater management and access issues can be addressed through the site plan approval process. 9.3 Based on the comments provided in this report, Staff would recommend that this application and the attached amending By -Law be APPROVED. Prior to construction of the parking area, the applicant must enter into a site plan agreement with the Municipality. Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development RH *FW *cc Attachment #1 - Key Map Attachment #2 - Amending By -Law June 27, 1997 Reviewed by, W. H.W. H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Glenn Willson Clarington Place Limited 140 Bond Street West P.O. Box 488 Oshawa, Ontario L1 H 71_8 Mr. Robert Martindale Martindale Planning Services 23 Elizabeth Street Ajax, Ontario L1 T 2X1 699053 THE CORPORATION OF THE MUNICIPALI'T'Y OF CLARINGTON BY -LAW NUMBER 97 being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the former Town of Newcastle. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By -law 84 -63, as amended, of the Corporation of the former Town of Newcastle to implement application DEV 97 -019 to permit the construction of a parking area. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 16.5 "Special Exceptions - General Commercial (Cl) Zone" is hereby amended by adding thereto, the following new Special Exception 16.5.22 as follows: "16.5.22 GENERAL COMMERCIAL EXCEPTION (C1 -22) ZONE: Notwithstanding Section 16.1, those lands zoned (C1 -22) shown on the map contained in Schedule "A" to this By -Law shall only be used for a parking area. Pursuant to the requirements of Section 39 of the Planning Act, 1996, this parking area may be permitted for a period of three (3) years, ending at July 7, 2000, with an annual review." 2. Schedule "3" to By -Law 84 -63, as amended, is hereby further amended by changing the zone designation from: "Agricultural (A) Zone" to "General Commercial Exception (C1 -22) Zone" as shown on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By -law. 4. This By -law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY -LAW read a first time this day of 1997. BY -LAW read a second time this day of 1997. BY -LAW read a third time and finally passed this day of 1997. 1 MAYOR CLERK 69904 6990)55 This is Schedule "A" to By —law 97— , passed this day of 1997 A.D. ROAD ALLOWANCE BETWEEN CONCESSIONS 1 & 2 (NOT OPEN) N71'28'00 "E 45.69 J m N �- O C� Z LOT z 16 it CONC. 0 0 1 0 1- 00 O o 0 �100 �_j W N z 04 Z Z Lq L0 u 41.78 N72'42'00 "E UPTOWN AVENUE ZONING CHANGE FROM "A" TO "Cl-22" 0 25m momm" Mayor 25m201510 5 0 Clerk LOT 16 LOT 15 o UPTO N AVE m HIGH f�Y 2 0 Z O W y N W — -- Py U Z OU QPG�F�G �P� 4 OO GPI oR�JE SPRINGS Pie BOWMANVILLE 6990)55