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Home My WebLink AboutPD-6-95 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: WILSON.GPA y ^xxxM REPORT P U B L I C M E E T I N G Meeting: General Purpose and Administration Committee File# P�} �s_ �q .o Bate: Monday, January 23 , 19 9 5 Res. #C�i 0 .,`'_1 ,- 9 S Report#: PD-6-95 File #: DEV 94-053 By-Law # -- �-- Subject: REZONING APPLICATION - JOHN WILSON PART LOT 35, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 94-053 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-6-95 be received; 2 . THAT the application to amend the former Town of Newcastle Comprehensive Zoning By-Law 84-63 submitted by John Wilson on behalf of John and Margaret Wilson as well as George and Sophie Charewicz be referred back to Staff for further processing and preparation of a report subsequent pending receipt of all outstanding comments; and, 3 . THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Applicants: John & Margaret Wilson and George & Sophie Charewicz 1. 2 Agent: John Wilson 1. 3 Rezoning: From "Special Purpose Commercial (C5) Zone" to "General Commercial (Cl) Zone" to permit a general commercial use development. i 1. 4 Site Area: 0.52 hectares (1.28 acres) 2 . LOCATION I 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. . . . 2 i I 5I8 PA PIEq q PAPEq EC TCLE THIS 6 PRIMEDC RECYCLED PA PEP REPORT NO. PD-6-95 PAGE 2 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 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 (C5) Zone" to "General Commercial (Cl) Zone" to permit a general commercial use development. No site plan has been submitted for review as the applicant merely intends to obtain the requested zoning. 4. EXISTING AND SURROUNDING USES 4. 1 Existing Uses: Residential 4.2 Surrounding Uses: East: Commercial plaza North: Vacant land and residential West: Commercial plaza South: Residential S. OFFICIAL PLAN POLICIES 5. 1 Within the existing 1991 Durham Region Official Plan, the subject lands are designated "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. I 5. 2 Under the former Town of Newcastle Official Plan, the subject lands are located within Official Plan Amendment #41 which was . . . . . 3 i I i 519 i REPORT NO. PD-6-95 PAGE 3 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. The application appears to conform to these policies. 6. ZONING BY-LAW CONFORMITY 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, the applicant has requested that the appropriate "General Commercial (Cl) Zone" be placed on the property. 7. PUBLIC NOTICE AND SUBMISSION 7 . 1 Pursuant to Council's resolution of July 26, 1982 and requirements of the Planning Act, R.S.O. 1990, 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, no written submissions have been received. Three general telephone and two counter inquiries relating to permitted uses within the proposed development have been received. 8. AGENCY COMMENTS 8 . 1 The application was circulated to solicit comments from other relevant agencies. . . . . .4 5 ? U REPORT NO. PD-6-95 PAGE 4 8 . 2 Comments indicating no objections have been received from the following agencies: Municipality of Clarington Building Department Municipality of Clarington By-Law Department Municipality of Clarington Fire Department Municipality of Clarington Public Works Department Bell Canada 8 . 3 The Municipality of Clarington Community Services Department has no objections to the proposal provided that the 2% parkland dedication requirement is provided as cash-in-lieu. This payment will be required at subsequent site plan approval. 8 . 4 Comments still remain outstanding from the following agencies: Durham Regional Planning Department Durham Regional Public Works Department Central Lake Ontario Conservation Authority Ministry of Transportation Ontario Hydro 8. 5 As the applicant did not submit a concurrent site plan application, a holding (H) symbol will be required in the event that the property is rezoned for "General Commercial (C1) " uses. 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. STAFF COMMENTS 9. 1 As the purpose of this report is to satisfy the requirements for the Public Meeting under the Planning Act, R. S.O. 1990, and considering the number of outstanding comments, it is . . . . . 5 REPORT NO. PD-6-95 PAGE 5 respectfully requested that this report be referred back to Staff for further processing and the preparation of a subsequent report. Respectfully submitted, Reviewed by, Franklin Wu, M.0 I.P. W. H. Stoc well Director of Planning Chief Administrative and Development Officer RH*FW*cc Attachment #1 - Key Map January 11, 1995 Interested parties to be notified of Council and Committee's decision: John and Margaret Wilson Sophie and George Charewicz 1421 Highway #2 1417 Highway #2 Courtice, Ontario Courtice, Ontario L1E 2J6 L1E 2J6 i I I I i I i I /%/ . � R