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Home My WebLink AboutPSD-106-03 ..... 'o.,!. ~ Cl~-!lJgton REPORT PLANNING SERVICES PUBLIC MEETING Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE \)\L\c...e.",....,oI.OO'I GpP,. ,31 \ ,o~ Monday, September 22,2003 Meeting: Report #: PSD-106-03 Files #: ZBA 2001-004 By-law #: Subject: REZONING APPLICATION FOR OFFICE USE RICHARD H. GAY HOLDING LIMITED 1687 and 1697 Highway 2 in Courtice RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-1 06-03 be received; 2. THAT the application submitted by Rick Gay on behalf of Richard H. Gay Holding Limited be referred back to Staff for further processing and the preparation of a further report following the receipt of all outstanding agency comments; and, 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: vi Crome, M.C.I.P.,RP.P. Director, Planning Services Reviewed bY:O f-?'~Q --.J L~1 Franklin Wu Chief Administrative Officer RH*CP*DC*df September 16, 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 631 , , PAGE 2 REPORT NO.: PSD-106-03 1.0 APPLICATION DETAILS 1.1 Applicant: Richard H. Gay Holding Limited 1.2 Agent: Rick Gay 1.3 Rezoning: To rezone the subject lands from "Holding - Urban Residential Type One ((H)R1) Zone" to an appropriate zone to permit the conversion of a single detached dwelling to a professional office on a temporary basis. 1.4 Site Area: 0.75 hectares 2.0 LOCATION 2.1 The subject lands are located at 1687 and 1697 Highway 2 in Courtice (See Attachment 1). The applicant's land holdings total 0.75 hectares (1.85 acres). The property is located within Part Lots 29 and 30, Concession 2, in the former Township of Darlington. 3.0 BACKGROUND 3.1 The original rezoning application, seeking a professional office use on the property, was submitted on January 25,2001 for consideration within the context of the Courtice Highway 2 Corridor and Main Central Area Study. The study was finalized by the consultant in June 2001 and recommended that the subject lands be designated for Medium Density Residential uses. On July 19, 2001, the applicant referred the rezoning application to the Ontario Municipal Board because Council failed to render a decision within 90 days. The hearing was postponed at the applicant's request. 3.2. In April 2003, the Building Division received a complaint that the applicant had converted the existing single detached dwelling into a professional office. Upon further investigation, an "Order To Comply" was issued on April 17, 2003. On April 25, 2003, a "Stop Work Order" was issued. Since both orders were ignored, the applicant was charged and the courts will hear the matter in the Fall 2003. As the applicant is presently using the premises as a professional office without proper approvals, the Planning Services Department advised the applicant to revise their current rezoning application for consideration. On May 14, 2003, staff received a revised rezoning application from Rick Gay on behalf of Richard H. Gay Holding Limited to permit the conversion of a single detached dwelling to a professional office on a temporary basis. 632 '", ~.t REPORT NO.: PSD-106-03 PAGE 3 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The property currently contains an existing residential dwelling that has been converted to a professional office. The majority of the property is currently grassed, with the exception of the parking area that has been created on the south side of the building. The front of the site slopes gently towards Highway 2. 4.2 Surrounding Uses: East: Existing residential North: Existing residential and vacant lands West: Existing residential and vacant lands South: Urban residential and vacant lands 5.0 OFFICIAL PLAN POLICIES 5.1 The lands are designated "Special Policy Area F - King Street Corridor" within the Clarington Official Plan. Permitted uses include limited office development. The location and extent of office uses permitted will be detailed through the completion of the Courtice Highway 2 Corridor and Main Central Area Study. 6.0 ZONING BY-LAW CONFORMITY 6.1 The property is zoned "Holding - Urban Residential Type One ((H)R1) Zone", which does not permit a professional office on the property. In order to permit the proposed use, a rezoning application was submitted for consideration. 7.0 PUBLIC NOTICE AND SUBMISSION 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and one public meeting notice sign was installed on the property. 7.2 As of the writing of this report, 3-4 inquiries have been received from neighbouring residents. Residents questioned why the office use is allowed to continue despite not being permitted by the zoning and asked what course of action the Municipality will take on this matter. 7.3 Until such time a decision is rendered on this application for temporary use, By- law Enforcement will not take action, and then only if the application is denied. 633 '- ". ~ REPORT NO.: PSD-106-G3 PAGE 4 8.0 AGENCY COMMENTS 8.1 The Clarington Engineering Services and Clarington Emergency Services Departments have no objections to the application provided that the applicant enters into a site plan agreement for the development. 8.2 The Durham Region Health Department requires further information on sewage flow, ground water table, and percolation rates prior to issuance of approval for the proposal. 8.3 Comments on the application have not been received from the following agencies. . Durham Regional Planning Department . Durham Regional Public Works Department . Central lake Ontario Conservation . Hydro One Networks Inc. 9.0 COMMENTS 9.1 The subject lands are located within the Courtice Highway 2 Corridor and Main Central Area Study. The consultant's study was finalized in June 2001 and recommended that the site be developed for Medium Density Residential uses. This recommended policy would not permit the conversion of the existing building to a professional office. 9.2 A staff report was presented to Council in June 2002 containing recommendations for the Corridor and Main Central Area. This report was referred back to staff for further review. Unfortunately, due to staffing changes, department reorganization and change in priorities, this work has not been finalized. A report is expected to be completed in the first half of 2004. 10.0 CONCLUSIONS 10.1 As the purpose of this report is to satisfy the requirements of the Public Meeting under the Planning Act, and taking into consideration all of the comments received, it is respectfully recommended that this report be referred back to Staff for further processing and the preparation of a subsequent report. Attachments: Attachment 1 - Key Map . 634 ~ .,. ,.- REPORT NO.: PSD-106-03 PAGE 5 Interested parties to be notified of Council's decision: Rick Gay Richard H. Gay Holding Limited 4182 Liberty Street North Bowmanville, Ontario L 1C 3K6 Nick Purnell 1705 Highway 2 Courtice, Ontario L 1 E 2R5 George and Margaret Gouldburn 1721 Highway 2 Courtice, Ontario L 1 E 2R5 Jim & Jane Hughes 160 Frederick Street Suite 405 Toronto, ON M5A 4H9 635 . . f " r- m 2! m r- o o :0 - ~ '" <' m .- ID '< o " ID X. 3' <c Itf:iL31B ~~ , Courtice Key Map --'rt);lt,-'='( ~'t- 1'0 c'" /-fIG /-fl/v. ~)'< !;OJm o . , QQ.,;; "'~'" o 0 W "'~ E [L:p <0 "'~ 5 ~ jJ1 fa- 3 <c '" <' m iff '< '" In ~ iff ~ n m In", " m OJ ID ~ 0 n m "= ID 3 In " OJ ~ n m I In x ~ <i5 o o ~ o iii " " ill Q ~ ;0 ~~~S? 25 ~gffff z m<Do<g G) ZBA 2001-004 (Revised) Zoning By-law Amendment Owner: Richard H. Gay Holding Limited 636 ATTACHMENT 1 J