The URL can be used to link to this page

Home My WebLink AboutPSD-065-02 , " . Cl!J!-YJgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 17, 2002 PI L/- PSD-065-02 File #: ZBA 2do1-019 (;! II -;7. 77-o;J-- By-law #: Report #: Subject: REZONING APPLICATION APPLICANT: LDB HOLDINGS LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-065-02 be received; 2. THAT the rezoning application submitted by Derek Baird on behalf of LDB Holdings Limited, be DENIED; and 3. THAT all interested parties listed in this report and any dele9ations' be advised of Council's decision. Submitted by: D i rome, M.C.I.P.,R.P.P. Director, Planning Services 6 h}..11 CL ~ 4.3k Reviewed by: Franklin Wu Chief Administrative Officer RH*DC*df June 12, 2002 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830 656 > REPORT NO.: PSD.065.02 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: LDB Holdings Limited 1.2 Rezoning: To rezone the portion of the property zoned 'Urban Residential Exception (R1-50) Zone" to permit the existing professional office use on a permanent basis. 1.3 Site Area: 0.22 hectares (0.54 acres) 2.0 LOCATION 2.1 The property is located on the south side of Highway 2 in Courtice (see Attachment 1). The portion of the applicant's land holdings under consideration totals 0.22 hectares (0.54 ac). The property is located within Part Lot 31, Concession 2, in the former Township of Darlington. 3.0 BACKGROUND 3.1 On September 6, 2001, Derek Baird, on behalf of LDB Holdings Limited, submitted a rezoning application to permit the existing professional office use on a permanent basis. 3.2 The applicant submitted a rezoning and site plan applications in 1999 to permit the conversion of the existing dwelling for professional office uses. Council approved the rezoning application on February 7,2000 to permit the professional office use within the existing dwelling footprint (see Attachment 2). The approved temporary use by-law only permits the use for a three year period ending February 7, 2003. The applicant signed a letter indicating that the property will be restored to a residential state once the three year period has elapsed. The rationale for the approach is discussed in Section 8.2 of this report. 3.3 A Public Meeting was held on October 22, 2001 at which no member of the public appeared either in opposition to or support of the application, 657 REPORT NO.: PSO-065-02 PAGE 3 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The southern portion of the property. is comprised of vacant and treed areas. The existing single detached dwelling was converted to a professional office with paved parking area to the south. The front of the property slopes towards Highway 2, 4.2 Surrounding Uses: East - North - West - South - Courtice Motel Large lot residential Large lot residential Urban residential 5.0 OFFICAL PLAN POLICIES 5.1 The lands are designated "Living Area" within the Durham Region Official Plan. Limited office uses are permitted within this designation, provided that they do not impact the function of planned Central Areas. Conformity will be determined by the policies contained in the Clarington Official Plan, specifically the Courtice Main Central Area and Highway 2 Corridor Secondary Plan. 5.2 The proposed Amendment #24 to the Clarington Official Plan contains the Courtice Main Central Area and Highway 2 Corridor Secondary Plan. This Plan designates the subject lands "Medium Density Residential". The area is identified for redevelopment to intensified, transit-supportive land uses including medium and high density residential housing, recreation, community facilities, and institutional uses. The proposed office use on a permanent basis does not conform to the land use policies in this Secondary Plan. 6.0 ZONING BY-LAW CONFORMITY 6.1 The lands subject to the application are currently zoned "Urban Residential Exception (R1-50) Zone", which permits the professional office use for a period of 658 REPORT NO.: PSD-065-02 PAGE 4 three years. In order to permit this use on a permanent basis, a rezoning application was submitted for consideration. 7.0 AGENCY COMMENTS 7.1 The Clarington Emergency Services Department and Central Lake Ontario Conservation have no objections to the proposal. 7.2 Although the Clarington Engineering Services Department has no objections, the Building Division requires a "Change of Use" permit for the office conversion. 7.3 The Durham Region Public Works Department has no objections to the application subject to the following conditions. . Water supply is presently available from a 19 mm water service from an existing 300 mm water main. Detailed drawings must be submitted if a larger service is required. . The property is presently not serviced by sanitary sewers. If required, the applicant would be responsible for the 510 metre extension of sanitary sewers from Highway 2 and Old Kingston Road to the subject lands. . Highway 2 is a Type "B" arterial road under the jurisdiction of Durham Region. The applicant must provide a 1.60 metre road widening to the Region. 7.4 The Durham Region Health Department has indicated that the application cannot be approved until the sewage system applied for and approved by this Department in 1999 is installed. 8.0 COMMENTS 8.1 The subject lands are within the proposed Courtice Main Central Area and Highway 2 Corridor Secondary Plan, which designates the subject lands 659 . REPORT NO.: PSD-065-02 PAGE 5 "Medium Density Residential". Permitted uses include townhouses, triplexes/quadraplexes, and low rise apartments with a maximum height of three stories. The net density permitted is between 31 to 80 units per hectare. Where a medium density use is located at intersections of public street and Highway 2, limited ground floor retail and personal service uses to a maximum of 25% of the gross floor area are permitted. Conversion of existing residential structures for professional office or retail uses is not contemplated within this designation. 8.2 Staff recommended to Council under the rezoning application filed in 1999 that a temporary use by-law be approved for the subject lands. The applicant had demonstrated to Staff that no significant interior or exterior renovations would be undertaken that would prevent the structure to be returned to its original condition as a residential use nor that it would jeopardize the results of the Courtice Highway 2 Corridor and Main Central Area Study, The subject lands are part of a larger block of land, which could be assembled and comprehensively redeveloped for more intensive residential uses. This approach was recommended so that the office use does not jeopardize future redevelopment of this block. The applicant previously signed a letter indicating that the office will be removed and the residential use restored once the temporary use by-law lapses. 8.3 The application cannot be supported for the following reasons: . The subject lands are part of a larger land block between the funeral home and the Courtice Motel, which could be developed for more intensive residential uses. This 1,9 hectare block has approximately 155 metres of frontage and 115 metres of depth, providing excellent design flexibility for a variety of housing types. Two access points onto Highway 2 would provide access to the block. Any development scheme for this area will entail land assembly of the seven properties involved. 660 REPORT NO.: PSD-065-02 PAGE 6 . The applicant currently owns four of the seven properties within this block. These include 1589 Highway 2, 1601 Highway 2, 1603 Highway 2 and a landlocked parcel to the rear of these properties which is a remnant of plan of subdivision 10M-792 to the south. If commercial or office uses were introduced onto the subject lands, the development block would be busted and pressure to allow more intensive commercial uses would commence. . This application differs from the Richard H. Gay Holdings Limited rezoning application in that the subject lands are not located at a future intersection with Highway 2. Once Maplefield Drive is constructed, the location will offer development opportunities for a signature building defining the southeast corner of the intersection. The subject lands do not offer the same locational criteria, and therefore would not be appropriate for office or commercial uses. 8.4 Although not requested through the current rezoning application, the applicant is the lead petitioner for a petition received by Staff requesting that the entire Highway 2 Corridor be designated "Mixed Use Street-Related Commercial Area". The applicant would seem to have much greater plans for this site and his other landholdings. This application is viewed as the "step in the door" in order to eventually achieve additional commercial uses in this vicinity. Ultimately this defeats the intent of the Official Plan to intensify the corridor with residential uses, undermines the primary commercial nodes identified in the Plan and postpones the commercial viability of the Main Central Area. 9.0 CONCLUSIONS 9.1 Based on the comments contained in this report, Staff recommend that this application be DENIED in the context of the proposed Amendment #24 to the Clarington Official Plan. 66r REPORT NO.: PSD-065-02 PAGE 7 Attachments: Attachment 1 - Key Map Attachment 2 - Site Plan List of interested parties to be advised of Council's decision: Derek Baird LDB Holdings Limited 1603 Highway 2 Courtice, ON L 1 E 2R7 William Bryans 1560 Highway 2 Courtice, ON L 1 E 2R7 662 REPORT NO.: PSD-065-02 PAGE 7 Attachrnents: Attachment 1 - Key Map Attachrnent 2 - Site Plan List of interested parties to be advised of Council's decision: Derek Baird LDB Holdings Limited 1603 Highway 2 Courtice, ON L 1 E 2R7 William Bryans 1560 Highway 2 Courtice, ON L 1 E 2R7 662 ATTACHMENT 1 ~ ~~g~EE1Rs~1~ HIGHWAY 2, COURTICE LOT 32 LOT 31 DURHAM HIGHWAY 2 l:i l:i !3 !3 C\l ~ ~ ~ Z ~ 0 ~ ~ (f) STRA THAJJ..A!I. DRIVE (f) l:i ~ w ~ () !3 l:i ~ z !3 0 ~ () ~ Ii! ~ <:l '" !i: ~ ~ DR. EMILY iil STOWE PUBUC ~ Fe ELEMENTARY :SA SCHOOL I!: STUART PARK ~ <:l COURTICE KEY MAP ZBA 2001-019 663 , ATTACHMENT 2 , , DURHAM HIGHWAY 2 ",' err "S ~ ~~'" I 1- -=-t i-f t- I_,~,J -'t ~~~ MI; 8ii~ --~ ~~a .. ~ ~ i '" r- .. 'U g .. I l> .. '" ~ ! I -j = ;/ r\J ~ ~ ! s ~ r .. a rnJ C\J ~ Z i 0 f - i CJ) CJ) I [Et LU () I z z ~J~ ~I " .. 0 ~ I ~ ~, )> ~ () ~ _ ~ l.l! :::0 0 ~!s ~ -t .. i .q IJl I OJ :1 I. N ... N '" ~I 9 I " i (]) l P j I -~- I I '~....I r I z .. LOT 32 ~ o .. . \)" e- N '" -.. . 80, '" ... -- 2 408 '1>" ~~/, """(/"1fo {'1t.,.O, ~ []] .. ~ 23 649 . a :?A.5:>9 - SITE PLAN ZBA 2001-019 664