The URL can be used to link to this page

Home My WebLink AboutPD-26-95DN: DEV94066.GPA • . • • • • • %ltoi. + a�. �; <> °► VWC_()1FN114 i �i c� i ► i i< � : tr {,� � ► i 1 REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee Fiie # � L i lj ,r r:, 14 . e (c Date: Monday, January 9, 1995 Res. # << ( n-- II G "r' Report #: PD -26 -95 File #: DEV 94 -066 By-Law # Subject: REZONING APPLICATION - GREEN MARTIN PROPERTIES LTD. PART LOT 17, CONCESSION 21 FORMER TWP. OF DARLINGTON FILE: DEV 94 -066 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -26 -95 be received; 2. THAT application to amend the Comprehensive Zoning By -law 84- 63 of the former town of Newcastle, as amended, submitted by Green Martin Properties Ltd., be referred back to staff for further processing and preparation of a subsequent report upon receipt of all outstanding comments; and 3. THAT the Durham Region Planning Department and all interested parties listed in this Report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS: 1.1 Applicant: Green Martin Properties Ltd. 1.2 Owner: Green Martin Properties Ltd. 1.3 Rezoning: From - Agricultural To - a zone appropriate to permit the development of a drive -in theatre and accessory uses. 1.4 Area: 10.8 hectares 2. LOCATION: 2.1 The subject property is located in Part of Lot 17 Concession 2, former Township of Darlington. The site is located just north of an existing orchard and south of a woodlot, and has frontage along Green Road. ...2 R LED THIS IS PRIMED O 4 REDY-D PAPER REPORT PD-26-95 PAGE 3. BACKGROUND: 3.1 On December 21, 1994 an application to amend the comprehensive Zoning By -law, 84 -63, as amended, was submitted by Green Martin Properties Ltd. to permit the establishment of a Drive -in theatre and accessory uses. The applicant has shown on their preliminary sketch 3 movie screens, concession stand, and a family entertainment centre having a mini -putt. 4. EXISTING AND SURROUNDING USES: 4.1 Existing Uses: agricultural 4.2 Surrounding Uses: East - agricultural and rural residential West - rural residential South - agricultural and orchard North - rural residential 5. OFFICIAL PLAN POLICIES: 5.1 Within the 1991 Durham Region Official Plan, the subject lands are designated "Listing Area" within the Bowmanville Urban Area. Lands so designated shall be for residential purposes. 5.2 The subject lands are not located within the Bowmanville Urban Area in the Municipality's current Official Plan. As such, the lands are considered rural. In that the Municipality does not have policies for rural areas, the policies contained within the Durham Region Official Plan applies. 5.3 The Durham Region Official Plan does not permit Temporary uses, with the exception of permitting the continuation, expansion or enlargement of existing uses which do not conform to the policies of the plan. 6. ZONING BY -LAW PROVISIONS: 6.1 According to the Comprehensive Zoning By -law 84 -63 of the former Town of Newcastle, the subject lands are zoned "Agricultural (A) ". Lands so zoned shall be used for farm and farm related purposes. ...3 C Pi PD-26-95 PAGE 3 PUBLIC MEETING AND SUBMISSION: 7.1 Pursuant to Council's Resolution of July 26, 1982 and the requirements of the Planning Act the appropriate signage acknowledging the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within the prescribed distance. 7.2 A number of residents responded to the public notice stating that they did not want this use in their backyards. More specifically, one resident noted that there exists a easement /right -of -way which directly abuts the northern portion of the lands. This resident is concerned that patrons of the Drive -in theatre would use this right -of -way in order to gain access to the property behind his. Another resident stated that he did not want to see the lands located west of the subject lands precluded from future development if this application is approved. He feels that the applicant should provide a road allowance between Lot 17 and Lot 18 hence ensuring that the westerly lands will have access and hence the potential for development. 8. AGENCY COMMENTS: 8.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following departments /agencies in providing comments, offered no objection to the application as filed: • Municipality of Clarington Fire Department 8.2 The Municipality's Community Services Department had no objection to the application, provided 2% cash -in -lieu of parkland be dedicated to the Parks Reserve Account. 8.3 The Durham Region Health Department stated that approval from the Ministry of Environment and Energy is required. Upon approval from this Ministry, the Health Department will require two copies of a lot servicing plan and the results of a soil sampling programme in order to properly assess this application. ...4 REPORT f .: PD-26 8.4 The Regional Planning Department has indicated verbally that this application does not conform with the policies of the Durham Region Official Plan. 8.5 Comments have yet to be received from Clarington Public Works, Central Lake Ontario Conservation Authority, Ministry of Natural Resources, and Ontario Hydro. 9. CONCLUSION: 9.1 The purpose of this report is to facilitate the Public Meeting as required by the Planning Act, to provide Committee and Council with some background on the application submitted and for Staff to indicate issues or areas of concern regarding the subject application. It is recommended the application be referred back to Staff for further processing and subsequent report upon resolution of the above issues and receipt of all outstanding comments. Respectfully submitted, Reviewed by, B. 8 Franklin Wu, M.C.I.P., R.P.P. W.H.`Stockwell Director of Planning Chief Administrative and Development Officer HB *FW *cc Attachment # 1 - Key Map Attachment # 2 - Preliminary Site Plan 13 March 1995 Interested parties to be notified of Council and Committee's decision: Green Martin Properties Ltd. 1029 McNicoll Avenue Scarborough, Ontario M1W 3W6 Harry Gruyters Group 1 Box 25 R.R. #6 Bowmanville, Ontario L1C 3K7 Mr. Chenier 2600 Green Road Bowmanville, Ontario L1C 3K7 Majorie Brooks 2098 Green Road R.R. #6 Bowmanville, Ontario L1C 3K7 ...5 REPORT WO.: PD-26-95 PAGE 5 Harold Stevens 2559 Green Rd., R.R. #6 Bowmanville, On., L1C 3K7 George Michelson 2078 Green Rd., Bowmanville, Ontario L1C 3K7 Mike Waldinsperger 2401 Maple Grove Rd., R.R. #6 Bowmanville, Ontario L1C 3K7 ATTACHMENT #1 YJ6 1, No' ATTACHMENT #2 EXIT c REEW, I A- io -4 tu f. r LU ce PROJECTION BUILDING AND ,*"-.,, I - %.' - .'N. CoNcEsslow 1, 1V .4 plot& .1 \,.$i• • 'VKING SCREEN 2 EXIT AIAII-Y MTF-RTAIMMI-=Wr SIT ARM13 PROPOSED DRIVE IN`' THEATRE AN ENTERTAINMENT CENTRE ..FO-R.-..WE,, S T BOWMANVILLE- , 0 Ld ILI a SCREEN 3 - 4-i Pli 'z rli ATTACHMENT #2 EXIT c REEW, I A- io -4 tu f. r LU ce PROJECTION BUILDING AND ,*"-.,, I - %.' - .'N. CoNcEsslow 1, 1V .4 plot& .1 \,.$i• • 'VKING SCREEN 2 EXIT AIAII-Y MTF-RTAIMMI-=Wr SIT ARM13 PROPOSED DRIVE IN`' THEATRE AN ENTERTAINMENT CENTRE ..FO-R.-..WE,, S T BOWMANVILLE- , 0 Ld ILI a