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Home My WebLink AboutPSD-125-03 " . CJ. 0 L~~ REPORT PLANNING SERVICES PUBLIC MEETING Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE 'DILf G-f'A--40S-03 Meeting: Monday, October 6,2003 Report #: PSD-125-03 File #: ZBA 2003-044 By-law #: Subject: REZONING APPLICATION TO EXPAND PARKING AREA AND PROVIDE LAN EWAY 1317946 ONTARIO LIMITED 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 PSD-125-03 be received; 2. THAT the application submitted by Fred Simkins on behalf of 1317946 Ontario 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: D J. rome, MCIP, R.P.P. Direct Reviewed by: 0 ~...--: ~~ Franklin Wu, Chief Administrative Officer IL .DJC.sh September 29, 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623- 3379 F (905)623-0830 645 , REPORT NO.: PSD-12S.Q3 PAGE 2 1.0 APPLICATION DETAILS 1 .1 Applicant: 1317946 Ontario Limited 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. 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 total approximately 0.67 hectares. The area proposed for rezoning totals approximately 0.14 hectares. 3. BACKGROUND 3.1 On September 2,2003, Fred Simkins submitted an application on behalf of 1317946 Ontario Limited 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 to the commercial property to the west (Swiss Chalet plaza) and beyond. 4. 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, 4.2 Surrounding Uses: North: South: East: West: Commercial Urban residential Commercial Commercial 646 , REPORT NO.: PSD-125.Q3 PAGE 3 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 R1. The R1 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 PUBLIC NOTICE AND SUBMISSIONS 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and two public meeting notice signs were installed on the property, one at the Highway 2 frontage and the second at the Darlington Road frontage in the general location of the proposed parking area. 7.2 Two public inquires have been received on the application. Mr. John Wilson is the owner of 1417, 1419, and 1421 Highway 2 which are to the west of the site adjacent to the Swiss Chalet plaza. He is in support of the application. Mr, Don Bergman is the owner of 8 Darlington Boulevard, which is immediately south of The Waltzing Weasel lands, He had no objection to the rezoning and the parking area expansion but did have some concerns with the area south of the parcel to be rezoned. His concerns will be addressed in Section 9 of this report. 647 ; REPORT NO.: PSD-125-03 PAGE 4 8.0 AGENCY COMMENTS 8.1 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 and the Region of Durham Planning Department also have no objections, 8,2 Comments have not been received from the Region of Durham Works Department or Central Lake Ontario Conservation to date. 9.0 COMMENTS 9.1 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. 9.2 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 23, 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, 9.3 The applicant is in the process of preparing site plan amendment drawings to incorporate the additional parking area, Should Council approve the rezoning, the parking area cannot be developed until the site plan amendment is approved and all conditions of site plan approval have been met. 9.4 Mr. Bergman the owner of the lands at 8 Darlington Blvd. contacted staff for clarification of the application. He does not object 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. 648 i REPORT NO.: PSD-125.Q3 PAGE 5 He is concerned that should the Municipality declare Part 4 to be surplus to its needs, the lot would be out of character with the other properties in the area. 10. 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 that agency comments are still to be 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 Attachment 2 - Courtice Sub-Central Area Secondary Plan Interested parties to be notified of Council's decision: 1317946 Ontario Limited % Fred Simkins 18 Prince Rupert Dr Courtice, Ontario L1E 125 John Wilson 1421 Highway 2 Courtice, Ontario L 1 E 2J6 Don Bergman 8 Darlington Boulevard Courtice, Ontario L 1 E 2J7 Gene Chartier Manager of Transportation Region of Durham Works Department Box 623 105 Consumers Drive Whitby, Ontairo L 1 N 6A3 649 . Lot 35, Concession 2 ~ {() is <D z 5 ~ ~~ 7 t~ ~ D -C ~~ ol zz n --~~ - --- - --------- ~..,'" p '::a. 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OJ DRIVE 0 u a: BRIDLE COURT ;;: DALEPARK CHERRY BLOSSOM PARKETTE gogogogogogogogogogooooogoo 000000000000000000000000000 000000000000000000000000000 000000000000000000000000000 000000000000000000000000000 000000000000000000000000000 000000000000000000000000000 00000000000000000000000000 gogogogogogogogogogogogogo 00000000000000000000000000 o 000000000000000000000 o 00000000000000000 o 00000000000 o 0000000 o <3 a: 0000 0 0 00000000000000 0 00000000000000000000000 0 ogogogogogogogogogogogogogogo 000000000000000000000000000000 gogogogogogogogogogogogogogogo 0000000000000000000000000000000 gogogogogogogogogogogogogogogog 0000000000000000000000000000000 0000000000000000000000000000000 o~ogogogo~ogogogogo~o~ogogo~o~o 0000000000000000000000000000000 o 0000000000000000000000000 o 00000000000000000 o 0 000000000 o 000 OJ Z :J Z ;: o >- o ~ m z o >- ~ z :J '" <( o 100 KINGSWAY GATE Lands Subject To Rezoning PARK ~ l 50 m o 50 MAPA LAND USE --- SUB-CENTRAL AREA BOUNDARY MIXED USE AREA ATTACHMENT 2 ~ [ '" o :::0 o V> V> o ...J m >- a: '" OJ :I: U . . . . . . . . . . . . . ;1 t 150 m - tm COURTICE SUB-CENTRAl AREA SECONDARY PLAN DECEMBER 4, 2000 I THIS CONSOUDATIOO IS PROVIDED FOfi COthUllENC[ OHlY I . ANO REPRESOlTS REOUESTro MOOlfICATIOOS ~o APPROVALS PRIIAARY COMMERCIAL AREA - - - - INTERNAL LANEWAYS OFFICE COMMERCIAL AREA . . . . .. PEDESTRIAN WNXWAYS 96-061 651