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HomeMy WebLinkAboutPD-9-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: OWEN.GPA REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File # >���,�,a� Date: Monday, January 20, 1997 Res. # "0� PD -9 -97 DEV 96 -064 ( Report #: File #: By -law # Subject: REZONING AND SITE PLAN APPLICATIONS - APPLICANT: ROBERT OWEN PART LOT 29, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON 2728 COURTICE ROAD AND 1729 HIGHWAY 2, COURTICE FILE: DEV 96 -064 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -9 -97 be received; 2. THAT the application to amend the former Town of Newcastle Comprehensive Zoning By -Law 84 -63 submitted by Robert Owen 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. 1.1 1.2 1.3 APPLICATION DETAILS Applicant: Robert Owen Agent: Application: 1.4 Site Area: Same as above From "Special Purpose Commercial Exception (C5 -5) Zone" and "Holding - Urban Residential Type One (H(R1)) Zone" to an appropriate zone permitting the expansion of the existing motor vehicle sales establishment and to limit permitted uses on lands owned by the applicant to a motor vehicle sales establishment. 1.75 hectares (4.32 acres) 11 REPORT PD-9-97 E 2.1 3 3.1 3.2 0 4.1 so LOCATION The subject lands are located at the southwest corner of Courtice Road and Highway 2 (2728 Courtice Road and 1729 Highway 2), which is the site of Roy Nichols Motors in Courtice. The applicant's land holdings total 1.75 hectares (4.32 ac). The property in legal terms is known as Part Lot 30, Concession 2 in the former Township of Darlington. BACKGROUND On December 6, 1996, Robert Owen filed an application 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 "Special Purpose Commercial Exception (C5 -5) Zone" and "Holding - Urban Residential Type One (H(R1)) Zone" to an appropriate zone permitting the expansion of the existing motor vehicle sales establishment and to limit permitted uses on lands owned by the applicant to a motor vehicle sales establishment. The existing Roy Nichols Motors is located at 2728 Courtice Road. The property at 1729 Highway 2 contains a vacant residential dwelling unit. If approved, the applicant proposes to use the additional area for used car sales with the vacant dwelling unit being renovated for use as a sales office. EXISTING AND SURROUNDING USES Existing Uses: Motor vehicle sales establishment and vacant residential dwelling unit Surrounding Uses: East: Retail commercial plaza and vacant land North: Vacant lands, open space, and Roy Nichols auto body shop West: Urban residential South: Existing single family dwelling and urban residential REPORT NO. PD -9 -97 PAGE 3 5. OFFICIAL PLAN POLICIES 5.1 Within the existing 1991 Durham Region Official Plan, the subject lands are designated "Living Area ". Special purposes commercial uses such as motor vehicle sales establishments are permitted within Living Areas provided that appropriate provisions are included within the local plan. As the Clarington Official Plan contains the necessary policies, the application conforms with the Durham Plan. 5.2 Within the Clarington Official Plan, the subject lands are designated "Special Policy Area E - Redevelopment Area" with an underlying "Urban Residential" designation. These lands are currently occupied by Roy Nichols Motors, a long - established commercial use. Section 16.7.1 of the Plan recognizes the potential land use conflicts with future surrounding residential uses and encourages this commercial use to relocate to designated Employment Areas or Highway Commercial Areas within Clarington. If and when the existing commercial land use ceases, these lands shall be used in accordance with the residential land use policies. Redevelopment shall be subject to the intensification policies of Section 6 of the Plan. 5.3 Notwithstanding Section 16.7.1, Section 16.7.3 of the Clarington Official Plan recognizes the benefits of businesses such as Roy Nichols Motors and supports the continued operation, expansion, modernization and diversification of operations. As a result, the application conforms with the Clarington Official Plan policies. 6. ZONING BY -LAW CONFORMITY 6.1 The existing motor vehicle sales establishment is zoned "Special Purpose Commercial Exception (C5 -5)" while the area subject to expansion is zoned 621 REPORT PD-9-97 "Holding - Urban Residential Type One (H(R1)) ". In order that further expansion may be permitted, the applicant has submitted this rezoning application. 7.1 Pursuant to Council's resolution and 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, two inquiries have been received. A written submission for an adjacent property owner objecting to the proposal has been received. The objections are summarized as follows: • Property values in the vicinity will be devalued with the approval of the proposed car lot expansion; • Loss of privacy of in their backyards will decrease the enjoyment of the properties; • There is concern that storage of garbage bins, wrecked vehicles, and old parts could be stored adjacent close to adjacent properties; • Light trespass from the development will impact the enjoyment of his home. This will increase if this application is approved; • With vandalism at the dealership already an issue, approval of a larger car lot may lead to increased theft both there and in the general vicinity; • Consideration should be given to saving mature trees, installing privacy and security fencing, and requiring non - obtrusive lighting; • Will the applicant be subject to a 9.0 metre easement across the front of his property? • With this approval, residents are concerned that the applicant may relocate /centralize his service bays on the property, closer to Short Crescent; and, 7 REPORT NO. PD -9 -97 PAGE 5 Drainage is an issue, both onto adjacent property and onto Highway 2. Storm sewers were to have been installed to prevent water draining across Highway 2, especially during spring thaw periods. These have never been installed. 7.3 A letter of support for the proposal has been received from Jeffrey Homes, the developer of Short Crescent to the south of the subject lands. In developing this subdivision, Mr. Jeffrey commends Mr. Owen's co- operation in adjusting lights away from the residential area, cleaning up the subject lands, cost sharing of the wood fence between the back of lots along Short Crescent and the dealership, and employing a security service on his property to control theft. 8. AGENCY COMMENTS 8.1 The application was circulated to solicit comments from other relevant agencies. The Clarington Fire Department has no objections to the application. 8.2 Comments from the Clarington Public Works Department - Building Division have indicated that a building permit will be required for converting the existing dwelling unit at 1729 Highway 2 from residential to commercial uses. Additional signage must comply with the sign by -law. 8.3 The Clarington Public Works Department - Engineering Division has no objections to the proposal subject to the following conditions: • that the applicant engineer prepare a lot grading and drainage plan detailing the on -site storm sewer system and conveyance of overland flow from the site; that the applicant enter into a site plan agreement with the Municipality; and, 623 REPORT NO. PD -9 -97 PAGE 6 that all requirements of the Clarington Public Works Department are met. 8.4 The Clarington Public Works Department - Parks Division has no objections to the proposal subject to the following conditions: • that the applicant provide a 2% cash -in -lieu of parkland dedication; and, that the applicant submit a landscaping plan in support of the application. 8.5 Comments still remain outstanding from the following agencies: • Durham Regional Planning Department • Durham Regional Public Works Department • Central Lake Ontario Conservation Authority 9. STAFF COMMENTS 9.1 Area residents have identified a number of concerns with the application. Staff will work in conjunction with the applicant to resolve these matters. In order to satisfactorily resolve the lighting issue, the applicant should be required to prepare a lighting plan which ensures that the lighting levels from the car lot expansion do not adversely impact adjacent residential development. 9.2 As the purpose of this report is to satisfy the requirements for the Public Meeting under the Planning Act, and taking into consideration all of the comments received, it is respectfully requested that this report be referred back to Staff for further processing and the preparation of a subsequent report. REPORT NO. PD -9 -97 PAGE 7 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 - Proposed Site Plan January 9, 1997 Reviewed by, ;.Vl-h <. IV- � W. H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Robert Owen c/o Roy Nichols Motors 2728 Courtice Road Courtice, Ontario L1 E 21VI7 George and Margaret Gouldburn 1721 Highway 2 Courtice, Ontario L1 E 2R5 625 ATTACHMENT 1 [M SUBJECT SITE LOT 3O LOT 2 g LOT 2 8 LV � v.. -MLILl-um � \IIII�Small N Z O V) W U Z O U C0U�°6E DEV. 96 -064 G3G�1 f�JQP X26 6 ATTACHMENT 2 �T - - - - - - - - - - tin, �V;� 0 z 0 0 u z to 0 u Z� L6 Hinos GMJ 30minoo o '13 - -- Lk-iiid 2 L4 Vu. 7 � it ',� �j .. ... .....