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Home My WebLink AboutPSD-067-03 . ,.., ClwillglOn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Report #: Monday June 16, 2003 'J)/ if PSD-067 -03 File #: COPA 2003-005 (ZBA 2b03-011) Gfft- ;JIlt-03 Date: By-law #: Subject: OFFICIAL PLAN AMENDMENT AND REZONING APPLICATIONS APPLICANT: 376965 ONTARIO LIMITED (ROBERT HOCKNEY) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report PSD-067-03 be received; 2, THAT the applications to amend the Clarington Official Plan and Zoning By-law, submitted by Robert Hockney on behalf of 376965 Ontario Limited be referred back to staff for further processing and the preparation of a subsequent report following the receipt of the outstanding agency comments; and 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: Reviewed by: 0 ~---'~ Franklin Wu, Chief Administrative Officer a :.I. Crome, M,C.I,P., R.P.P. Director of Planning Services BR*L T*DJC*sn May 27, 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILI.E, ONTARIO L 1C 3A6 T (905) 623-3379 F (905) 623-0830 601 REPORT NO.: PSD-067-03 PAGE 2 1.0 APPLICATION DETAILS 1,1 Owner: 376965 Ontario Limited 1.2 ApplicanUAgent: Robert Hockney 1.3 Clarington Official Plan Amendment: To permit the retail sale of arts, crafts, antiques and/or other hobby items in the Green Space designation. 1.4 Rezoning: To permit the retail sale of arts, crafts, antiques and/or other hobby items. 1.5 Area: 1,190 hectares (2,94 acres) 1.6 Location: The area subject to the proposal is located two properties west of the northwest corner of the Holt Road/Durham Highway 2 intersection or 2140 Durham Highway 2. The more formal location description is Part Lot 21 , Concession 2, former Township of Darlington. 2.0 BACKGROUND 2.1 In early 2003 Clarington By-law Enforcement investigated a complaint regarding the operation of a flea market on the subject property. Enforcement staff informed the owner/applicant that he would be charged if he did not rectify his illegal operation by gaining approval through the appropriate planning applications. On March 25, 2003, the Planning Services Department received an application to amend Zoning By-law 84-63. On April 29, 2003, the Department received an application to amend the Clarington Official Plan. 602 - REPORT NO.: PSD-067-03 PAGE 3 3.0 CHARACTERISTICS AND SURROUNDING USES 3.1 The property contains a commercial building from which farm produce is sold on a year- round basis. There is a small parking area in front of the building. On the same property, northwest of this building, is a dwelling and detached garage, The topography is flat. 3,2 The surrounding land uses are as follows: North - Rural residential and vacant South - Durham Highway 2 and beyond, rural residential East - Rural residential and a commercial property (tow truck business) West - Rural residential 4.0 PUBLIC NOTICE AND SUBMISSIONS 4.1 Public notice was given by mail to each landowner within 120 metres of the subject property and a public notice sign was installed on the Durham Highway 2 frontage. 4.2 As a result of the public notification process to date, the Planning Services Department has received telephone inquiries from two residents. A neighbour to the north indicated that Mr. Hockney removed a portion of a common property line fence and has yet to re- install it. 5.0 OFFICIAL PLAN CONFORMITY 5,1 The Durham Regional Official Plan designates the property as Major Open Space, The Regional Planning Department has yet to respond on the issue of conformity. 5.2 The Clarington Official Plan designates the property as Green Space, which does not permit the retail sale of arts, crafts, antiques and/or other hobby items, The proposal does not conform, hence the application to amend the Official Plan, The proposed Official Plan Amendment is shown as Attachment 2. 603 REPORT NO.: PSD-067-03 PAGE 4 6.0 ZONING BY-LAW COMPLIANCE 6,1 Zoning By-law 84-63 of the former Town of Newcastle zones the subject lands "Agricultural Exception (A-4)" which, in addition to agricultural uses, permits a farm produce sales outlet on a year-round basis. The proposal does not conform, hence the rezoning application, 7.0 AGENCY COMMENTS 7 ,1 The rezoning application was circulated to various agencies and other departments by the Planning Services Department. The Emergency & Fire Services Department has no fire safety concerns. Comments remain outstanding from: Clarington Engineering Services Department, Regional Planning Department, Regional Works Department and Hydro One Networks Inc, 8.0 STAFF COMMENTS 8.1 As the purpose of this report is to give the status of the application for the public meeting, it is appropriate to have the application referred back to staff for further processing, Attachments: Attachment 1 - Site Location Key Map and Property Plan Attachment 2 - Proposed Clarington Official Plan Amendment List of interested parties to be advised of Council's decision: 376965 Ontario Limited Mrs. Nellie Thompson c/o Robert Hockney 2168 Highway 2 1590 Pebblestone Road BOWMANVILLE, Ontario COURTICE, Ontario L 1 C 3K7 L 1 E 2H1 604 ATTACHMENT 1 Existing Shed Existing House Existing Building Du~ ~"14t ItIG,y, *"1 J-- < Darlington Key Map 605 COPA 2003-005 Clarington Official Plan Amendment ZBA 2003-011 Zoning By-law Amendment Owner: 376965 Ontario Ltd. Applicant: Robert Hockney o <( o 0:: ~ o J: J . ATTACHMENT 2 AMENDMENT TO THE CLARINGTON OFFICIAL PLAN PURPOSE: To amend the Official Plan of the Municipality of Clarington to permit on lands designated as Green Space, on the property with tax assessment roll no. 18-17-010-040-01900, the retail sales of arts, crafts, antiques and/or other hobby items in addition to already permitted uses. The property is located in Part Lot 21, Concession 2, former Township of Darlington at 2140 Durham Highway 2. BASIS: The Amendment is based on an application submitted by Robert Hockney on behalf of 376965 Ontario Limited to permit the retail sales of arts, crafts, antiques and/or other hobby items in addition to already permitted uses. Council is satisfied that this amendment meets the intent of the Official Plan and fulfills the objective of preserving agricultural land. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended as follows: I. By adding the following policy: 14,5.2 Notwithstanding Section 14.5.1, on the property with tax assessment roll no, 18-17-010-040-01900, the retail sales of arts, crafts, antiques and/or other hobby items in addition to already permitted uses shall be permitted. IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan, shall apply in regard to this amendment. INTERPRETATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the Plan, shall apply in regard to this amendment. 606