HomeMy WebLinkAboutPD-5-96THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: WILSON.GPA
REPORT
Meeting: General Purpose and Administration Committee File # Or
Date: Monday, January 8, 1996 Res. #L L)
Report #: PD- 5 -95 File #: DEV 94 -053 By -law #
REZONING • N - APPLICANT: JOHN WILSON
1417,1419 & 1421 HIGHWAY #2, COURTICE
FILE: DEV •,
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD- 5 -96 be received;
2. THAT the application to amend the Comprehensive Zoning By -Law 84 -63 of the
former Town of Newcastle submitted by John Wilson on behalf of John and
Margaret Wilson as well as George and Sophie Charewicz be APPROVED;
3. THAT the amending By -Law attached to the report be forwarded to Council for
approval;
4. THAT the Region of Durham Planning Department be forwarded a copy of this
report; and,
5. 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
Applicants: John & Margaret Wilson and George & Sophie Charewicz
Agent:
Rezoning:
1.4 Site Area
John Wilson
From "Special Purpose Commercial (C5) Zone" to permit a
general commercial use development
0.52 hectares (1.28 acres)
W
REPORT NO. .D
2. LOCATION
2.1 The subject lands together comprise a 0.52 hectare parcel at 1417, 1419 and
1421 Highway #2 on the south side of the highway. The location is east of
Townline Road in Courtice. The property in legal terms is known as Part Lot 35,
Concession 2 in the former Township of Darlington.
3. BACKGROUND
3.1 On October 17, 1994, John Wilson filed an application with the Municipality of
Clarington to amend the Comprehensive Zoning By -Law 84 -63 of the former Town
of Newcastle. The purpose of the application is to change the current zoning
from "Special Purpose Commercial (C5) Zone" to permit a general commercial
development. No site plan has been submitted for review as the applicant only
intends to obtain the requested zoning.
3.2 A Public Meeting was held on January 23, 1995 to solicit input from the general
public. No one spoke either in opposition to or in support of the application. The
applicant was not present to address the Committee.
3.3 The Planning Department has received a number of general inquiries requesting
development information for the site. As the applicant has not submitted an
application for site plan approval, no additional information is available.
4.1 Existing Uses: Residential
4.2 Surrounding Uses: East:
North:
West:
South:
Commercial plaza
Vacant land
Commercial plaza
Residential
a,
...3
REPORT NO. PD- 5 -96 PAGE 3
5.1 Within the existing 1991 Durham Region Official . Plan, the subject lands are
designated "Sub - Central Area ". A total of 28,000 m2 of gross floor area for the
retailing of goods and services has been designated within the Courtice portion
of the Sub - Central Area. Permitted activities within this area are further defined
by the former Town of Newcastle Official Plan and Comprehensive Zoning By -Law
84 -63. The application appears to conform to these policies.
5.2 Under the Official Plan of the former Town of Newcastle, the subject lands are
located within Official Plan Amendment #41 which was approved by the Minister
of Municipal Affairs. This Amendment further defines the types of land uses
permitted under the Durham Regional Official Plan designation for this area. The
site is designated "Primary Retail Area" which permits retail commercial, service
commercial, community and residential uses. Of the 28,000 m2 commercial
floorspace permitted in Courtice, a maximum of 18,000 m2 of retail and personal
service floorspace are permitted on lands designated Primary Retail Area. The
application appears to conform to these policies.
6.1 The subject lands are currently zoned "Special Purpose Commercial (C5)" which
permits land- extensive commercial uses such as furniture /major appliance /office
furniture /motor and recreational vehicle sales establishments, building supply
outlets, liquor /beer outlets, nursery/produce sales, restaurants, places of worship,
hotel /motel, private clubs, veterinary clinic and offices. As this zoning does not
conform with the approved land use designation in Official Plan Amendment #41,
the applicant has requested that an appropriate general commercial zone be
placed on the property.
531
HE
REPORT NO. .D.
7.1 The application was circulated to solicit comments from other relevant agencies.
Comments indicating no objections have been received from the following
agencies:
Municipality of Clarington Fire Department
Municipality of Clarington Public Works Department
Ministry of Transportation
Bell Canada
7.2 The Municipality of Clarington Community Services Department has no objections
to the proposal provided that the 2% parkland dedication requirement is provided
as cash-win-lieu. This payment will be required at the site plan approval stage.
7.3 The Durham Regional Planning Department has no objections to the proposal.
The maximum gross leasable floorspace for the retailing of goods and services
for the Courtice portion of this Sub - Central Area is 28,000 m2. The comments
indicate that Central Areas should be developed:
• on the basis of mixed uses and a grid system of roads and walkways;
• with direct street pedestrian access to buildings, provision of potential
transit and parking areas sited at the rear, wherever possible; and,
• with prime consideration for urban design, including the spatial distribution
of structures and architectural treatment as well as the preservation and
enhancement of cultural heritage resources.
The implementing by -law should contain the amount of floorspace used for the
retailing of goods and services.
7.4 The Durham Regional Public Works Department has no objections to the
development proposal. Full municipal services are presently available to the
....5
532
REPORT NO. PD- 5 -96 PAGE 5
subject lands. The applicant will be required to submit a site servicing plan to the
Regional Works Department for approval. Regional concerns regarding access
location and geometrics will be dealt with during the site plan approval stage.
7.5 The Central Lake Ontario Conservation Authority has no objections to the
proposal provided that the following matters are addressed at the site plan
approval stage:
No grading and drainage plan has been submitted with the application.
As with other commercial sites along Highway #2, there are erosion
concerns for the watercourse downstream of the outlet of the Highway #2
storm sewer. If the site drains to Highway #2, it may be necessary to have
these concerns addressed prior to the issuance of site plan approval. A
detailed grading and drainage plan must be submitted for site plan
approval; and,
A preliminary study was initiated to examine possible solutions to the
Highway #2 stormwater outfall but never completed. A number of
solutions to the erosion issue were identified but no recommendations
were finalized. Should this development require the Highway #2
stormwater outfall, completion of this study will be required.
7.6 Comments still remain outstanding from Ontario Hydro.
8. STAFF COMMENTS
8.1 Official Plan Amendment #41 was approved by the Minister of Municipal Affairs
based upon an amendment recommended by the Municipality. This amendment
redesignates the property from Special Purpose Commercial to General
Commercial uses. The application would bring the zoning into conformity with
the approved land use designation.
6
REPORT NO. PD- 5-96 PAGE 6
8.2 When a site plan application is submitted, the development should incorporate
high standards of urban design and landscaping as this area represents a main
entranceway into the municipality. Development could also incorporate elements
such as residential and institutional uses to create a mixed use approach within
the area.
8.3 New commercial developments in Courtice have been subject to the provision of
a private rear laneway system to permit the movement of truck and vehicular
traffic between adjoining commercial developments. This laneway system shall
be dedicated to adjoining landowners by means of easements registered on title.
The minimum width of this system shall be 8 metres. Staff will proceed to ensure
that a future development incorporates this feature to facilitate movement between
adjacent parcels.
8.4 The Durham Region Planning Department has indicted that the zoning by -law
should contain a maximum total floor area permitted for the retailing of goods and
services. The Planning Department feels that a 25% site coverage, permitting a
maximum of 1,300 m2 (14,000 ft2) of retail commercial floorspace, is appropriate
for this property. The applicant must ensure that parking and loading
requirements for the proposed uses can be accommodated.
8.5 As the applicant did not submit a concurrent site plan application, a holding (H)
symbol will be placed on the property. The holding symbol will not be lifted until
such time as a site plan application is submitted and approved and a site plan
agreement is executed to the satisfaction of the Municipality.
9.1 Based on the discussions in the report, Staff would recommend that the
application to rezone the property from "Special Purpose Commercial (C5) Zone"
to "Holding - General Commercial Exception ((H)C1 -18) Zone" be APPROVED.
534
REPORT NO. PD- 5 -96 PAGE 7
Respectfully submitted,
'_ F a-o'-
o
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
RH *FW *cc
Attachment #1 - Key Map
Attachment #2 - Implementing By -Law
December 14, 1995
Reviewed by,
W. H. Stockwell
Chief Administrative
Officer
Interested parties to be notified of Council and Committee's decision:
John and Margaret Wilson
1421 Highway #2
Courtice, Ontario
L1 E 2J6
Sophie and George Charewicz
1417 Highway #2
Courtice, Ontario
L1 E 2J6
535
ATTACHMENT #1
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LOT 35 LOT 34 LOT 3 3
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0 100 200 300m
50m
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1 V
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 96-
being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for 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 former Town of Newcastle in
accordance with application DEV 94 -053 to permit general commercial uses.
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 hereto, the following new Special Exception
16.5.18 as follows:
"16.5. GENERAL COMMERCIAL EXCEPTION (C1 -18) ZONE
Notwithstanding Section 16.3, the lands zoned "C1 -18" on the Schedules to this By-
Law shall be subject to the following zone regulations:
(a) REGULATIONS FOR NON - RESIDENTIAL USES
i) Lot Area (minimum) 5,100 square metres
ii) Total Floor Area (maximum) 1,300 square metres"
2. Schedule "4" to By -Law 84 -63, as amended, is hereby further amended by changing
the zone designation from:
"Special Purpose Commercial (C5) Zone" to "Holding - General Commercial
Exception ((H)C1 -18) 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
BY -LAW read a second time this
day of 1996.
day of 1996.
BY -LAW read a third time and finally passed this day of
537
1996.
MAYOR
CLERK
This is
Schedule "A'
to
By —law 95— ,
passed
this day
of
, 1995 A.D.
H/GHWQ v
10
Mayor
N0, 2
LOT 35
CONCESSION 2
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