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Home My WebLink AboutPSD-115-02 Clw:#]gton REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Report #: Monday, November 18, 2002 Pit.( PSD-115 -02 File #: ZBA 2002-031 CffJ- Lf5r-o?- By-law #: r20oc)" - (l? cr Date: Subject: REZONING APPLICATION APPLICANT: MARLENE SPRUYT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-115-02 be received; 2. THAT the rezoning application submitted by D.G. Biddle & Associates Ltd. on behalf of Marlene Spruyt be APPROVED and the by-law be passed as contained in Attachment 2; and 3, THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: j~.~ p_ 'M Reviewed by: ' ~ t-c. Franklin Wu Chief Administrative Officer D vi . Crome, M.C.I.P.,R.P.P. Director, Planning Services AR*RH*L T*DJC*df November 12, 2002 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 601 REPORT NO.: PSD-115-02 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Glenn Genge with D.G. Biddle & Associates Ltd. 1.2 Owner: Marlene Spruyt 1.3 Rezoning: To rezone the property from "Hamlet Commercial Exception (C3-5) Zone" to an appropriate commercial zone to permit a veterinary clinic. 1.4 Site Area: 0.35 ha (0.86 acres) 2.0 LOCATION 2.1 The property under consideration is located at 30 Cobbledick Street in Orono (see Attachment 1). The subject property is located within Part Lot 28, Concession 5, in the former Township of Clarke. 3.0 BACKGROUND 3.1 On October 7, 2002, D.G. Biddle & Associates Limited submitted a rezoning application on behalf of Marlene Spruyt to permit a veterinary clinic within the existing building as shown on Attachment 1. No additions are contemplated to the building at this time. 3.2 The building was constructed in 1961 as a medical and dental clinic for the residents of Orono. The community raised funds for the construction of this building and a plaque on the property commemorates this contribution. The building passed into private ownership and operated as a medical clinic until July 2002. The building has been vacant since then. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The subject lands are located within an established part of Orono. The site contains an existing 516.6 m2 (5561 ff) building with paved driveways and parking area in front. The site grading slopes towards a shallow swale at the southeast corner of the property. The submission of a site plan application will address parking areas, driveway widths, lot grading and landscaping to compliment the appearance of the property. 602 REPORT NO.: PSD-115-02 PAGE 3 4.2 Surrounding Uses: East - Lumber Yard North - Residential uses West - Residential uses South - Residential uses 5.0 OFFICIAL PLAN POLICIES 5.1 The Clarington Official Plan designates the property "Urban Residential". Although the proposed use does not conform with the provisions of this designation, Section 23.5.4 in the Clarington Official Plan permits Council to pass a by-law to recognize legal non-conforming uses or recognize variations to similar uses, provided that the following conditions are satisfied. · It is not feasible to relocate the existing use. · The use does not aggravate the situation created by the existence of the use. · The size in relation to the existing legal non-conforming use is appropriate. · The use is not health hazard or a nuisance. · The neighbouring uses are protected where necessary. · The use does not adversely affect traffic, access or parking in the vicinity. 5.2 The application to permit a veterinary clinic conforms to Official Plan since the conditions identified in Section 23.5.4 can be satisfied in the following manner. · The original goal for locating the medical clinic in Orono was to have a community-oriented facility. Although the medical practitioners no longer occupy the building, it is feasible to use the existing building for a similar use that provides a community-oriented service. Since a veterinary clinic is similar in nature to a medical or dental clinic, Staff feel that a veterinary clinic would be appropriate at this location. · As a veterinary clinic is similar in nature to a medical or dental clinic, the existing situation is not aggravated. 603 REPORT NO.: PSD-115-02 PAGE 4 . The application does not contemplate an increase in property size. Although the building coverage could increase, this is limited due to septic servicing, parking, access, and landscaping requirements. . The proposed use is not a hazardous or nuisance use. Veterinary Clinics usually contain kennel facilities for keeping animals ovemight. Through site plan approval, Staff will review where such facilities will be located and how noise attenuation will be addressed to ensure that the kennel component of the proposed use is not a nuisance to the surrounding residential neighbourhood. . The neighbouring residential uses to the west are screened by existing vegetation. Increased landscaping and/or fencing may be provided if additional screening is deemed necessary to abutting residential uses to the north. . As the proposed use is similar in nature, the use should not adversely affect traffic in the area. Sufficient parking will be located on site. 6.0 ZONING BY-LAW CONFORMITY 6.1 The lands subject to the application are currently zoned "Hamlet Commercial Exception (C3-5) Zone". This exception zone permits a medical or dental clinic. The applicant has submitted a rezoning application for Council's consideration to permit a veterinary clinic, in addition to the current permitted uses. 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 a public meeting notice sign was installed on the lands. 7.2 No inquiries have been received on this application. 8.0 AGENCY COMMENTS 8.1 The application was circulated for agency comments. The Engineering Services Department, Emergency Services Department, Region of Durham Health Department, Region of Durham Works Department and Ganaraska Region Conservation Authority have no objections to the proposed use. Site plan issues will be addressed through the submission of a site plan application. 604 REPORT NO.: PSD-115-02 PAGE 5 8.2 Hydro One Networks Inc. has yet to provide any comments. 9.0 COMMENTS 9.1 A Phase One Environmental Site Assessment was carried out for this site in accordance with the Ministry of Environment's Guidelines for Use at Contaminated Sites in Ontario. A review of the site's history indicated that the subject property was likely used for agricultural uses until 1961 when the building was constructed. A site visit revealed no site staining, odour, or stressed vegetation. No potential environmental impact associated with past ownership or current tenants of the property is suspected. There is also no likelihood of contamination migrating onto the subject lands from adjacent sites. A heating oil storage tank was removed from the property in September 2002, and soil sampling and testing indicated that no contamination was found. Based on the findings of this report, Staff have no further concerns. 9.2 Prior to the applicant's submission of the rezoning application, a title search revealed that the most easterly 3.65 m (12 ft) of the property is under the Municipality's ownership. These lands previously formed a portion of the unnamed road allowance located immediately east of the clinic lands. Municipal records confirm that on January 10,1983 Council closed this unnamed road allowance by By-law 83-2. However, the conveyance of the 3.65 m (12 ft) strip of land shown as Part 4 on Plan 10R-1042 to the Clinic property was not completed. Since this has now come to staff's attention, steps are being taken to complete this transaction. This will not delay consideration of the rezoning application. 9.3 The application to permit a veterinary clinic conforms to Section 23.5.4 of the Official Plan. No objections or concerns have been raised through the circulation process. The proposed use is similar in nature to the existing permitted uses. Staff do not anticipate any negative impacts as a result of this added use. Additional details will be addressed through the site plan approval process. As a 605 REPORT NO.: PSD-115-02 PAGE 6 result, provided no objections are raised at the Public Meeting, staff would have no objection to approval of the application. 9.4 In addition to allowing a veterinary clinic within the "C3-5" zone, the existing medical or dental clinic uses would be retained as permitted uses within the zone. 10.0 CONCLUSIONS 10.1 Given that no substantive issues have been raised to date, no objections have been received from any departments or agencies, and provided that no resident concerns are raised in the Public Meeting, staff respectfully recommend that the proposed rezoning application be approved and the by-law passed as contained in Attachment 2. Attachments: Attachment 1 - Key Map Attachment 2 - Zoning By-law Amendment List of interested parties to be advised of Council's decision: Marlene Spruyt 83 Mill Street NEWCASTLE, Ontario L 1 B 1 H8 Glenn Genge D.G. Biddle & Associates Ltd. 96 King Street East OSHAWA, Ontario L1H 1B6 Regional Municipality of Durham Planning Department 4th Floor, Lang Tower, West Bldg. P.O. Box 623 1615 Dundas Street East WHITBY, Ontario L1N6A3 606 ~ N 'Sf a .il , ~ ~ / ~ II ~ . ~ d ~ ~ ~ r W z . S '"'. l I ----.., Orono Key Map " H 11'1~30.[ 50.383 .-_6 II' " -~i:.JL---'-l-'" ----='l::!l x . t --.- "------- - --- I .... --- il.~. t .:x~P I J"- . . EXISTlIe I STOREY BRICK BUILDINC ~ ... ~ {.... -'] 6- .1$ .; I .SO I 51"""" 7 I .... .... . 1------1 1 I I DU&rllififlt.E1I'D I 1 I 1 I 1 I J I l______j ! . Q .~ ii f ! ! . s N 71"11'50"[ .'... COBBLEDICK STREET ------------- I ""'" \ ATTACHMENT 1 . . i , I , , \ . . I , . I \ I I , i , I , , , , I ~ . N r i , , I ... --- ZBA 2002-031 Zoning By-law Amendment Owner: Marlene Spruyt j/ 607 . . ATTACHMENT 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2002- being a By-Law to amend By-Law 84-63, the Comprehensive 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 2002-031 to permit a veterinary clinic in addition to existing permitted uses, NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1, Section 18.4 "Special Exceptions - Hamlet Commercial (C3) Zone" is hereby amended by replacing Subsection 18.4.5 as follows: "18.4.5 Hamlet Commercial Exception (C3-5) Zone Notwithstanding Section 18.1, those lands zoned C3-5 on the Schedules to this By-law shall only be used for a medical or dental clinic and a veterinary clinic." 2, This By-Law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 of the Planning Act, R.S,O. 1990. By-Law read a first time this day of By-Law read a second time this day of 2002. 2002. By-Law read a third time and finally passed this day of 2002. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 60t)