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Home My WebLink AboutPSD-080-04 , ....~. ~ ~ C/JJ!inglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 21,2004 Report #: PSD-080-04 File #: ZBA 2003-044 i2L:. s Ii t,,1J1l- -519 -0 " By-law #: .;2004 ' 1r,,8 Subject: REZONING APPLICATION APPLICANT: 1317946 ONTARIO LTD. THE WALTZING WEASEL -1437 HIGHWAY 2, COURTICE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PS D-080-04 be received; 2. THAT the application submitted by 1317946 Ontario Ltd. to permit a parking lot expansion and motor vehicle laneway access be APPROVED with a Holding symbol on the motor vehicle laneway access, and that the attached By-law contained in Attachment 2 be passed; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by; Reviewed by: ,. ') .HA---~. C.-/GLv Franklin Wu, Chief Administrative Officer vid . Crame, MCIP, R.P.P. Director of Planning Services ILlDJC/df 14 June 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623- 3379 F (905)623-0830 692 - -"" , REPORT NO.: PSD.080-04 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: 1317946 Ontario Ltd. 1.2 Agent: Fred Simkins 1.3 Rezoning: To rezone the subject lands from "Urban Residential Type One (R1) Zone" to "Special Purpose Commercial (C5) Zone" to permit the expansion of the existing parking area to accommodate approximately 30 motor vehicles and allow for a motor vehicle laneway access to the commercial properties to the west. 1.4 Location: Part lot 35, Concession 2, former Township of Darlington, Parts 1 and 2, Plan 40R-22242, 1437 Highway 2, Courtice 2.0 LOCATION 2.1 The subject lands are part of The Waltzing Weasel property located in Courtice at southwest corner of Highway 2 and Darlington Boulevard (Attachment 1). The entire property totals approximately 0.67 hectares. The area proposed for rezoning totals approximately 0.14 hectares. 3.0 BACKGROUND 3.1 On September 2, 2003, Fred Simkins submitted an application to rezone part of The Waltzing Weasel property in order to expand their parking area. The area is identified as Part 1 on 40R-22242 (Attachment 1). The application also proposes to rezone Part 2 on 40R-22242 which will become a motor vehicle laneway access that would serve the commercial property to the west (Swiss Chalet plaza) and beyond. 3.2 The applicant had an existing site plan amendment application on file which was revised to include the expansion of the parking area. The application has been circulated and requires further revisions prior to being approved. The applicant is aware that staff are recommending that the application be approved with a 'Holding' symbol until all conditions of site plan approval are met. 4.0 SITE CHARACTERISTRICS AND SURROUNDING USES 4.1 The site is currently vacant and has been cleared of all vegetation. The paved parking area for The Waltzing Weasel is to the north. There are a few mature trees on the south end of the property. 693 -' REPORT NO.: PSD-080-04 PAGE 3 4.2 Surrounding Uses: North - Commercial South - Urban residential East - Commercial West - Commercial 5.0 OFFICIAL PLAN POLICIES 5.1 The Courtice Sub-Central Area Secondary Plan designates the land proposed to be rezoned as Mixed Use Area (Attachment 2). The permitted uses within the Mixed Use Area are mixed use buildings with retail and personal service uses on the ground floor, office buildings, medium or high density residential buildings, and community facilities. Section 23.5.3 of the Official Plan authorizes Council to pass a by-law permitting the extension or enlargement of legal non-conforming uses. The developed portion of the Waltzing Weasel property was constructed in conformity with By-law 84-63 on the commercially zoned portion of the lot. An expansion of the parking area for the restaurant and the zoning of the laneway access is considered to conform to the Official Plan. 6.0 ZONING BY-LAW CONFORMITY 6.1 The property is zoned both Special Purpose Commercial (C5) and Urban Residential Type One (R1) under By-law 84-63. The C5 zoning begins at the Highway 2 frontage and runs south for approximately 75 metres. This zone permits a number of commercial uses including an eating establishment. The balance of the property, which includes the lands subject to this application, are zoned R 1. The R 1 zone permits low density residential uses as well as a place of worship. No commercial uses or accessory to commercial uses are permitted. The expansion of The Waltzing Weasel parking area into the R1 zone is not a permitted use. Therefore, this application for rezoning is required. 7.0 AGENCY COMMENTS 7.1 The Clarington Engineering Services Department has no objections to the application provided that the applicant enters into a site plan agreement for the parking lot extension. The Clarington Emergency and Fire Services Department also has no objections. 7.2 The Region of Durham Planning Department has indicated that the proposed zoning amendment conforms to the policies of the Durham Region Official Plan. The Region of Durham Works Department has also confirmed that they have no objections. Central Lake Ontario Conservation has listed a number of conditions which must be fulfilled to meet site plan approval. They have requested a stormwater management report that indicates how stormwater is to be accommodated with the expansion. They have no ~ 694 ,,~.- -~ , REPORT NO.: PSD-080-04 PAGE 4 objection to the property being rezoned with a 'Holding' symbol provided that the 'Holding' symbol is not removed until the stormwater issue is addressed. 8.0 COMMENTS 8.1 On June 23, 2003, Council approved the recommendations in confidential Report PSD- 087-03 in regards to the acquisition of the southern portion of The Waltzing Weasel property. The report explained the necessity to acquire the lands to provide a pedestrian connection between the existing Foxhunt Trail walkway out to Darlington Boulevard. It also addressed the Region of Durham's proposal to install a median on Highway 2, and the desirability to provide an internal motor vehicle laneway from Darlington Boulevard to the properties to the west in accordance with the Official Plan. The acquisition would be jointly financed by the Region and the Municipality. 8.2 The owners of the Waltzing Weasel have agreed to sell a portion of their lands subject to a number of conditions. These conditions include that the portion that they are retaining be rezoned to accommodate an expansion to their parking area and that the Municipality purchase the balance of the lot to the south property line. A reference plan has since been prepared and was deposited on September 18, 2003, as 40R- 22242. The retained lands are identified as Part 1, the motor vehicle laneway as Part 2, the pedestrian walkway as Part 3, and the residual residential lands as Part 4. This rezoning application proposes to extend the existing C5 zone southward to incorporate both the parking area expansion and the motor vehicle laneway. 8.3 Two public inquires have been received in regards to the rezoning application. Mr. John Wilson, who owns property on Highway 2, west of the subject lands, is in support of the application. The second inquiry was from Mr. Don Bergman, who is the owner of the lands immediately to the south of The Waltzing Weasel property. He has no objection to the rezoning of the expanded parking area or the continuation of the motor vehicle laneway and pedestrian walkway. He did, however, have concerns about the size of the residual residential lands. His lot has 28.9 metres of frontage, as do several of the lots on the north end of Darlington Boulevard. These properties were created in the 1950s and are quite large for today's urban standards. They are serviced by municipal water and private septic systems. He is concerned that should the Municipality sell the residual residential lot it would be out of character with the other properties in the area. 8.4 The applicant has submitted site plan amendment drawings to incorporate the additional parking area. Should Council approve the rezoning, the applicant must receive site plan approval prior to using and developing the lands for commercial purposes. 8.5 It is recommended that a holding symbol be placed on part 2 (the future motor vehicle laneway) to ensure the implementation of the policies of the Official Plan with respect to the "internallaneways" in the Courtice Sub-Central Area under the provisions of Section 24.3.3 and 24.3.4. 695 ~--. -... REPORT NO.: PSD-080-04 PAGE 5 9.0 CONCLUSIONS 9.1 In consideration of the comments contained within this report, staff respectfully recommend that the rezoning application for Parts 1 and 2 be approved with a Holding symbol applied to the Part 2 lands (the motor vehicle laneway access). Attachments: Attachment 1 - Key Map Attachment 2 - Courtice Sub-Central Area Secondary Plan Attachment 3 - Proposed Zoning By-law Interested parties to be notified of Council's decision: 1317946 Ontario Limited clo Fred Simkins 18 Prince Rupert Drive Courtice, ON L 1E 1Z5 John Wilson 1421 Highway 2 Courtice, ON L 1 E 2J6 Don Bergman 8 Darlington Boulevard Courtice, ON L 1 E 2J7 Gene Chartier Manager of Transportation Region of Durham Works Department 105 Consumers Drive Whitby, ON L 1 N 6A3 Jane Rowe 13 Rowland Court Courtice, ON L 1 E 1 Z8 696 '-- < Lot 35, Concession 2 - "" ('oJ c() f- a -' f- a -' ~ ~ N '" , ~ o o o ~ ; , c()~ ~ ~ . N z :3 ~ ~~ ri f--. e;.; z ~~ ~ 0: ~li: CI... ---l ;,;;% ,.s;' ~~:~PA-Rr-;;~~--- - ,.. 'f?;r-0fJ I PART 4- --C PART 5 P.I.N. i 26587-QOJ3.-l Courtice Key Map W I Z be :J 0 z z " Q 8 <{ 0 '" " z " ATTACHMENT 1 ~:'}{~- Zoning To Remain "C5" ~ Zoning Change From "R1" To "(H)C5" III Zoning Change From "R1" To "C5" I::\\l Zoning To Remain "R1" - f::.4l - ,.. € ! , o c:: ~ UJ ....J ::J o CO Z o I- CJ Z ....J c:: <C o _ DU~~AM HIGH O[po$ij-[D - _ ~ PLAN N WA Y 2 PLAN N - _ o. D4462 n '<" (wQij Q. tiJ455- - _ 47 (P-16BQ 11) "'"(pJ)''' ~ -_ -167) , ..,.~~ (RQ;D- -_ . -!X....~\~" P '6Bow:..~~NlNG)--1 'AJ./" -\~I ~F:'il'-~AIii - ...\ \-::./'"-,.. "\-';-;C-r:r;' .. ",,- .\$= I_.,.~l!.- 1/""'-- I \ ~i _I' _ ,~,_,"__I/:"f_; ~,-..V~ I;;\.!. \ 1_\~'="'?7\' ..."',(\.!.-,,.!-;,\ ...../;:1-,1- ;,'..,:/"_"-',":: \_- "1..,l-' , \ -'I.," .....\',,,,... ''''''",;_ ......! ~"l~!.",...Y;.f,.I',:\- ::'f\::/:,:-,\~ .....!;\-,~):-;: ',"'_\ ,,,-.... 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C!i . a:: . . w DRIVE 0 0 a:: BRIDLE COURT ~ Cl C!i a:: DALEPARK ci Cl :::l; o '" CHERRY '" BLOSSOM 9 PARKETff m 000000000000000000000000000 000000000000000000000000000 000000000000000000000000000 000000000000000000000000000 000000000000000000000000000 000000000000000000000000000 000000000000000000000000000 000000000000000000000000000 00000000000000000000000000 00000000000000000000000000 00000000000000000000000000 o 000000000000000000000 Q 00000000000000000 o 00000000000 o 0000000 0000 0 0 00000000000000 0 0 0000000000000000000000000 ogogogogogogogogogogogogogogo 000000000000000000000000000000 ogggggggggggggggggggggggggggggg . ggggggggggggggggggggggggggggggg . ggggggggggggggggggggggggggggggg . ~ggggggg~ggggggg~gggggggggggggg . o oooogogoggggggg~gggggggggg~g . o 00000000000000 . o oooogo . . . . . . w z ~ z ~ >- d ::; m z o t5 z ~ a:: ~ 100 KINGSWAY GATE Lands Subject To Rezoning PARK ~ l 50 m o 50 MAPA LAND USE - . - SUB-CENTRAL AREA BOUNDARY MIXED USE AREA ~ [ ~ a:: w :J: o . . . . t 150 m IlIIIllI PRIMARY COMMERCIAL AREA - - - _ INTERNAL LANEWAYS ~ OFFICE COMMERCIAL AREA . . . . . . PEDESTRIAN WALKWAYS COURTICE SUB-CENTRAL AREA SECONDARY PLAN NOVEMBER 14, 2003 THIS CONSOUOATlON IS PROVIDED FOR CONVENIENCE ONLY AND REPRESENTS REQtJfSTED MODIfiCATIONS NolO APPROVALS ~ 698 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2004- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle in accordance with application ZBA 2003-044 to permjt a parking area expansion and motor vehicle laneway access; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Urban Residential Type One (R1) Zone" to "(Holding) Special Purpose Commercial (C5) Zone" and "Urban Residentiai Type One (R1) Zone" to "Special Purpose Commercial (C5) Zone" as shown on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of this By-law. 3, 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 day of 2004 BY-LAW read a second time this day of 2004 BY-LAW read a third time and finally passed this day of 2004 John Mutton, Mayor 6 1:1 9 Patti L. Barrie. Municipal Clerk ATTACHMENT 3