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Home My WebLink AboutPD-124-94IVA`° THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Meeting: General Purpose and Administration Committee Date: Monday, October 3, 1994 Report #: PD °124 °9 Tile #: Subject: REQUEST TO WAIVE APPLICATION FEES JOHN WILSON File # 11216-. Res. # cg,<' By-Law # Recomrnendaton s respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 124 -94 be received; 2. THAT the request of Mr. John Wilson to waive rezoning application fees be DENIED; 3. THAT Mr. John Wilson be informed of Council's decision. 1. BACKGROUND 1.1 At the General Purpose and Administration Committee of September 19, 1994, Mr. John Wilson of 1421 Highway No. 2 in Courtice requested that Council waive of the fees for a rezoning application which he wishes to submit on behalf of himself, his wife and Mr. and Mrs. Charewicz. Council referred this matter to staff for a report on September 26, 1994. 1.2. The subject lands are three parcels comprising 0.52 ha (1.29 acres) at 1417 to 1421 Highway No. 2 in Courtice. These lands are located within the Courtice Sub - Central Area between two existing commercial developments (Attachment #1). These lands were designated Special Purpose Commercial in the Official Plan until recently. On December 23, 1993, the Ministry of Municipal Affairs approved Amendment #41 to the Official Plan. This Amendment dealt with all the lands in the Courtice West Highway #2 Corridor. Mr. Wilson's lands were redesignated from "Special Purpose Commercial" to "Policy Area B: General Commercial ". AE E7 ECYCLE MP3 N PRIMED W RECYCLED PAPER REPORT NO.: PD- 124 -94 PAGE 2 1.3 Mr. Wilson wishes to rezone his lands in compliance with OPA #41 from Special Purpose Commercial (C5) to General Commercial (Cl). Mr. Wilson is requesting that the fees be waived for this rezoning. His rationale is as follows: i) The Municipality will eventually rezone these and other lands to bring them into conformity with the Official Plan. The lands were previously zoned for C1 uses under the Township of Darlington Zoning By -law and subsequently rezoned to C5. 2. COMMENT 2.1. Mr. Wilson's lands were zoned C1 under the Township of Darlington Zoning By -law 2111. The C1 zoning was changed to allow highway commercial uses in 1981 when Council approved an amendment to the Darlington Zoning By -law to conform to the Special Purpose Commercial designation in the then new Official Plan. Similarly, at the time the Comprehensive Zoning By -law 84- 63 was passed in 1984, the C5 zoning was maintained. On both occasions, public notices were given and public meetings were held with respect to the C5 zoning. 2.2 As the result of the recent approval of official plan amendment #41, general commercial uses are permitted on the Wilson's property subject to rezoning and /or site plan approval. It is the property owner's responsibility to file for such development application if and when he wishes to proceed with development. 2.3 It should be noted that there are several properties affected by Amendment #41, and the following two property owners have made rezoning applications and paid the application fees. • Dinnerex - • Rosebridge Newcastle - Rezoning to permit C1 uses Rezoning to permit a mixed -use development REPORT NO.: PD- 124 -94 PAGE 3 2.4 There are also number of other properties in the Courtice Sub - Central Area which require rezoning to conform with Amendment #41. These property owners will be required to submit rezoning applications and pay the appropriate fees. These include the following: • Valiant Property Management • Courtice Animal Care • Scanga Holdings Ltd. • Floros /Filntissis • Ed Whiting • Ed Whiting • Aloise Construction Ltd. (1406 - 1414 Highway No. 2) (1 Townline Road North) (1420 Highway No. 2) (1422 Highway No. 2) (1428 Highway No. 2) (1437 Highway No. 2) (1459 Highway No. 2) 2.5 Subsequent to the completion of the new Official Plan, it is staff's intention to review the entire zoning by -law and to amend the by -law so that all properties within the Municipality will conform to the new Official Plan. Such exercise will include the Wilsons' properties and hundred of other properties. This exercise is scheduled to commence after the Clarington Official Plan receives approval from the Region and therefore is unlikely to proceed within the immediate future. However, in the meantime, staff are willing to process any spot rezoning applications by any landowner, provided the application fee is paid in accordance to the fee schedule as approved by Council. 2.6 Mr. Wilson's asserts that his case is unique given his previous C1 zoning. Staff disagree with this assertion noting that there have been some development proponents in Courtice on lands which were previously zoned C1 under the Darlington Zoning By -law, and subsequently were rezoned C5 or (H)R1 under the Comprehensive Zoning Bylaw. The following proponents made applications for a C1 zoning and paid the applicable fees: • DEV 87 -27 Provenzano /Choloniuk • DEV 87 -48 Biway Stores • DEV 88 -83 Courtice Animal Care • DEV 89 -76 J. Mares and M. Singer REPORT NO.: PD- 124 -94 PAGE 4 Staff conclude that Mr. Wilson's situation is not unique. 2.7 The fees for rezoning applications are established by by -law to cover legitimate expenses incurred by the Municipality involved in the processing of applications including advertising, mailing to adjacent landowners, the circulation to agencies, etc. If Council were to waive the fees for Mr. Wilson, these costs would have to be borne out of tax revenues and it would establish a precedent for other lands in the area. 3. CONCLUSION Based on the comments contained in this Report, Staff do not support waiving the development application fee for Mr. Wilson given at that time. Respectfully submitted, Franklin Wu, M.C.I.P. Director of Planning and Development DC *FW *df 29 September 1994 Reviewed by, W.H. Stockwell Chief Administrative Officer WY'' KINGSWAY VILLAGE CENTRE CRAMAC (VALIANT PROPERTY MANAGEMENT) INV. ASEHAY CONST. F/- CLOVERFIELD ST. ®s ®� NASH ROAD BR VALIANT /. 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