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Home My WebLink AboutPSD-053-04 , ~ Clfllmgton Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE REPORT PLANNING SERVICES PUBLIC MEETING t;cfi Date: Monday, May 17, 2004 Report #: PSD-053-04 File #: COPA 2003-011 and ZBA 2003-048 e.Cb" G?..fJ(J, ;;2:5'1 ~o 'f By-law #: Subject: CLARINGTON OFFICIAL PLAN AMENDMENT AND REZONING APPLICATIONS TO PERMIT EXISTING DAY SPA APPLICANT: 988925 ONTARIO LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-053-04 be received; 2. THAT the application submitted by 988925 Ontario Limited be referred back to Staff for further processing and the preparation of a further report following the receipt of all outstanding agency comments; and, 3. THAT all interested parties listed in this report and any dele9ations be advised of Council's decision. Submitted by: Reviewed by; 0 ~ ~.. Franklin Wu Chief Administrative Officer . J. n , M.C.I.P"R.P.P. irector, Planning Services RH*CP*DC*df 7 May 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTA RIO L 1 C 3A6 T (905)623-3379 F (905)623-0830 601 REPORT NO.: PSD-053-D4 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: 988925 Ontario Limited 1.2 Official Plan Amendment: To permit the commercial use of the existing residential building as a day spa use with related functions such as hair styling and aesthetics. The lands are currently designated urban residential subject to "Special Policy Area F - King Street Corridor". 1.3.1 Rezoning: To amend the "Urban Residential Type One (R1) Zone" to implement the proposed official plan amendment and allow the proposed use. 1.4 Site Area: 1.3 hectares 2.0 LOCATION 2.1 The subject lands are located at 1678 Highway 2 in Courtice (See Attachment 1). The site area totals 1.3 hectares (3.3 acres). The property is located within Part Lot 30, Concession 2, in the former Township of Darlington. 3.0 BACKGROUND 3.1 The By-law Enforcement Division received a complaint on September 16, 2003 concerning a business that was operating on the subject lands. After an investigation of the facility, Staff determined that the business was not permitted by the applicable Official Plan policies and zoning regulations. The applicant was advised to file the appropriate applications to legalize the day spa use. 3.2 On October 2, 2003, Staff received official plan amendment and rezoning applications from 988925 Ontario Inc. to permit a mixed use development consisting of retail in the existing building and two new buildings four and five storeys tall. Each building proposed retail commercial uses on the ground floor with residential condominium on subsequent floors. The applications were deemed incomplete and Staff met with the applicant on several occasions to discuss supporting documentation requirements for the proposal. The applications also proposed to legalize the existing day spa use. 3.3 On February 4, 2004, the applicant submitted revised official plan amendment and rezoning applications to legalize the existing spa use only. This report is considering the spa use in the existing dwelling at this time. 602 REPORT NO.: PSD-053-04 PAGE 3 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The site is relatively flat but sloping towards the Black Creek at the northern edge of the property. The Black Creek forms the northern limit of half of the property. The creek is in a well-defined valley, with majority of the creek edge and valley being vegetated with cedar trees. The property contains an existing residential dwelling that is currently being used for the purposes of a day spa. 4.2 Surrounding Uses: East: North: West: South: Residential Black Creek, Courtice North Public School, and Birchdale Village Courtice Baptist Church Vacant lands and residential 5.0 OFFICIAL PLAN POLICIES 5.1 The Clarington Official Plan designates the property urban residential subject to "Special Policy Area F - King Street Corridor" and "Environmental Protection Area". The land use policies in this area of Courtice permit residential intensification to create a transit supportive environment. Medium and high density residential, recreation, community facilities, institutional, and limited office uses are permitted on these lands. As the proposed commercial use is not permitted within this designation, an amendment to the Clarington Official Plan was submitted for consideration. 5.2 Section 4.4.24 of the Clarington Official Plan requires that an environmental impact study be undertaken to assess development impacts where an application abuts a natural feature identified on Schedule C. The subject lands abut the Black Creek and its associated tableland woodlot and valley. The applicant will be required to fulfil this provision. 6.0 ZONING BY-LAW CONFORMITY 6.1 The property is currently zoned "Urban Residential Type One (R 1) Zone" and "Environmental Protection (EP) Zone", which does not permit the proposed use. In order to consider the proposed development, a rezoning application was submitted for consideration. 7.0 PUBLIC NOTICE AND SUBMISSION 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting notice sign was installed on the property's road frontage. 603 REPORT NO.: PSD-053-04 PAGE 4 7.2 One general inquiry has been received on these applications to date. 8.0 AGENCY COMMENTS 8.1 The Clarington Engineering Services Department has no objections to the proposed official plan amendment and rezoning application provided that the following information is provided: · A lot grading and drainage plan must be submitted for review. · An appropriate cash-in-Iieu of parkland contribution is necessary. · A building permit or change of use permit will be necessary for the spa use. 8.2 The Durham Region Health Department cannot provide comment until the applicant provides a site servicing report outlining the size and location of sewage system as well as sewage flow rates for the existing spa use. 8.3 Due to the limited commenting period, comments from the Clarington Emergency Services Department, Durham Region Planning Department, Durham Region Public Works Department, Central Lake Ontario Conservation, and Hydro Networks Inc. have not been received to date. 9.0 COMMENTS 9.1 The applicant has retained a consultant to prepare a development concept for the remaining property. A separate Public Meeting will be scheduled when this application is submitted. 9.2 As per the requirements of the Clarington Official Plan, Staff will prepare the terms of reference for a scoped Environmental Impact Study to determine the impacts of the current proposal on the Black Creek and the associated woodlot and valley system. The study will determine appropriate development setbacks from the natural feature. A more detailed study will be necessary once the larger development concept is submitted. 9.3 The portion of the King Street corridor in Courtice, subject to the policies of Special Policy Area 'F' along with the Courtice Main Central Area, were subject to a study undertaken in 2001-2002. A recommendation report prepared in June 2002 was referred back to staff, as a result of landowner concerns with respect to commercial permissions. This issue will be re-visited upon the completion of the Commercial Policy Review currently underway. 604 REPORT NO.: PSD-053-04 PAGE 5 '- 10.0 CONCLUSIONS 10.1 As the purpose of this report is to satisfy the requirements of the Public Meeting under the Planning Act, and taking into consideration all of the comments received, it is respectfully recommended that this report be referred back to Staff for further processing and the preparation of a subsequent report. Attachments: Attachment 1 - Key Map Interested parties to be notified of Council's decision Otto Provenzano 988925 Ontario Limited 309 Kendalwood Road Whitby, ON L 1 N 2G2 Marcel Provenzano 22 Otto Court Whitby, ON L 1 N 9T4 605 ATTACHMENT 1 LOT 30, CONCESSION 2 --,...:, 1'-.'''___._______ , --- \ ----.----', -- ------" _____ \ "_BLACK "----:' . '~~~~~-t ~. I I I I S,DE;....A. I ~ ::::::::-- HIGHIIVA y 2 J Courtice Key Map COPA 2003-011 Official Plan Amendment ZBA 2003-048 Zoning By-law Amendment Owner: 988925 Ontario Inc. 606