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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 V /% /. LOT 35 LOT 34 LOT 3 3 L- v 0 100 200 300m 50m so NI to W V Z FO 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 ® ZONING CHANGE FROM "C5" TO "(H)C1 -18" 0 10 20 30 m Clerk LOT 35 LOT 34 LOT 33 (M) RI NASH , ROAD R3 °n -10 (H)R1 R1 R c HIGHWgYNI?2 (H)CI -II R7.4 c� C _ R c2q . N v CI Cl —° o I n � EP c5 C5 (H)Ri - - z 00 RI H7 1 (H)R4 -7 _ -- 0 R1 N. E EP 1 W an U 0 R1 R 1 RI z R1 (H)RI F R, 8 R1 H' 4 Rl R, > QN H) R1 Rl IRI COURTICE 0 100 200 300 m 100 m