HomeMy WebLinkAboutPD-097-00
.
.. DN:P097-00
,
<<
Meeting:
Date:
Report #:
Subject:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
General Purpose and Administration Committee
File #]A Lf ]JEUQ5-03[
Res. #0fJlJ- 13,2-0D
.
Monday, October 2, 2000
PD-097 -00
FILE #: DEV 93-031
By-law #
REZONING APPLICATION
APPLICANT: RANDY HENRY
PART LOTS 29/30, CONCESSION 2, FORMER TWP. OF DARLINGTON
FlLE: DEV 93-031
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1.
2.
3.
4.
THAT Report PD-097-00 be received;
THAT the application to amend Zoning By-law 84-63, be APPROVED in Principle, and
that the amending By-law, as per Attachment 3, be forwarded to Council upon
registration of the amending site plan agreement;
THAT a copy of this Report and Council's decision be forwarded to the Region of
Durham Planning Department; and
THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
1.
1.1
1.2
1.3
APPLICATION DETAILS
Owner:
Oshawa Wood Products
Applicant! Agent:
Randy Henry
Rezoning:
from "Special Purpose Commercial Exception (C4-2)" to
"Agricultural (A)" and "Agricultural Exception (A-65)" to permit
the establishment of a Flea Market on a permanent basis.
636
,
REPORT NO.: PD-097-00
PAGE 2
1.4
Area:
4.05 hectares (10,01 acres)
1.5
Location:
The area subject to the proposal is located at 1696 Bloor Street,
Courtice. This address is on the north side of Bloor Street, west of
Courtice Road and east of Trulls Road (see Attachment 1). The
area is located in part of Lots 29 and 30, Concession 2, former
Township of Darlington (see Attachment 1).
2. BACKGROUND
2.1 In 1991, Randy Henry submitted an application to rezone the subject property from a
building supply outlet to a flea market on a temporary basis. On May 25, 1992, By-law
92-145 was approved by Council which permitted the establishment of a flea market for
three (3) years, until May 25, 1995. On April 10, 1995, By-law 95-047 was approved by
Council which permitted the continuation of a flea market for three (3) more years to
May 25, 1998. On April 27, 1998, By-law 98-066 was approved by Council which
permitted the continuation of a flea market for an additional three (3) years, to April 27,
2001.
On August 19, 1993 Randy Henry submitted an application for a permanent rezoning of
the property to a flea market on a permanent basis.
2.2 A Public Meeting for the permanent rezoning application was held on Monday, October
18, 1993. No one spoke in objection to/with concerns for the proposal. No one spoke in
support of the proposal. The applicant/agent Mr. Randy Henry spoke in favour of the
application noting he kept the premises tidy and clean and was a good neighbour
receiving no complaints from residents. He stated he was open on weekends and
occasional weekday evenings only.
2.3 On October 20, 1993, one letter from nearby neighbours was received by the Planning
and Development Department. The letter suggested a permanent rezoning for the Flea
637
REPORT NO.: PD-097-00
PAGE 3
market would depress surrounding property values and preclude proper planning of the
neighbourhood.
2.4 The site has had a temporary zoning for the flea market. This has been extended twice.
The permanent zoning application was held in abeyance until it was reactivated in 1998.
3. LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The existing site has a temporary flea market occupying all but the most northerly portion
of the property. The property contains seven (7) buildings of varying sizes, five (5) for
flea market vendors and two (2) for storage. Also on the site are: parking and loading
areas, fire routes, firefighting water supply pond flowing into a tributary of Tooley Creek,
the new sewage system tile bed site and several small treed areas (see Attachment 2).
The topography ofthe site is flat.
3.2 The surrounding land uses are as follows:
North - vacant
South - elementary school, two (2) dwellings, telecommunications tower,
agricultural and vacant;
East rural residential, agricultural and vacant; and
West - rural residential, agricultural and vacant
4. OFFICIAL PLAN CONFORMITY
4.1 Within the Durham Regional Official Plan, the subject property is designated Living
Area. Special purpose commercial uses serving specialized needs on an occasional basis
shall be permitted, subject to the inclusion of appropriate provisions and designations in
the area municipal official plan. The application appears to conform.
4.2 Within the Clarington Official Plan, the subject property is designated as Future Urban
Residential Area. Policy 9.3.3 of the Plan allows for limited uses. The application
conforms subject to appropriate restrictions (see Section 7.1).
638
REPORT NO.: PD-097-00
PAGE 4
5. ZONING BY-LAW CONFORMITY
5.1 Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, the
subject property is zoned "Special Purpose Commercial Exception (C4-13)". This
Special Exception zoning states:
"the lands zoned "C4-13". . . shall be used for a flea market and
auction room. . ..these uses may be permitted for a period
of three (3) years, ending April 27, 2001."
The underlying zone is C4-2, which permits a building supply outlet.
5.2 The permanent rezoning application is needed to permit the continued use of the flea
market beyond April 27, 2001. At the time of the recommendation for the current
temporary use by-law (March 1998) the applicant submitted a letter to the Planning and
Development Department (Attachment 2 to Report PD-50-98) which stated his intention
to not apply for any further temporary use by-laws and to conclude the application
requesting a permanent rezoning category.
6. AGENCY COMMENTS
6.1 The rezoning application was circulated to various agencies and other departments by the
Planning and Development Department. Comments received to date are as follows.
6.2 Central Lake Ontario Conservation, subsequent to reviewing the on-site private servicing
report, noted a small tributary of Tooley Creek originates in the vicinity of the property,
including the area of the proposed tile field. The watercourse then flows from northwest
to southeast. The area of the proposed septic system during heavy rainfall exhibits large
areas of standing water, with discharge swales conveying runoff to the watercourse.
These swales appear to form the initial sections of the watercourse itself, and may, in fact,
be within the footprint area of the proposed leaching field. Appropriate setback distances
must be provided between the tributary and the proposed septic system to avoid
639
REPORT NO.: PD-097-00
PAGE 5
contamination problems. Provided adequate setbacks are maintained, and approvals for
the system granted, the Authority has no objection to the permanent zoning for the site
for the intended use. Approvals of septic systems are the jurisdiction of the Ministry of
the Environment and LocallRegional Health Units. The Authority is prepared to defer a
decision on the acceptability of the proposed system to the appropriate approval agencies.
6.3 The Clarington Fire Department noted that an on-site water supply is required for
buildings that fall under Part 3 of the Ontario Building Code. The Department noted a
lack of information regarding the on-site firefighting water supply (a pond) asking for
further clarification - is the pond stream or spring fed - what is the water low level - is the
pond no further than 90 metres from all building perimeters - and is the pond accessible
to firefighting apparatus. After a site visit by Fire Prevention staff it was stated that the
pond was not as large and deep as indicated but that a cistern under one of the buildings
could be acceptable if the proper Fire Department connection is installed thereby
resolving the 90 metres from all building perimeters issue.
Subsequently, the Department has stated it cannot approve a permanent rezoning prior to
the completion of the on-site firefighting water supply. This issue is discussed further in
Section 7.3 of this report.
6.4 The Regional Health Department, commented the applicant must have in place
performance guarantees for both the on-site private water supply and septic systems. The
Department noted support of the on-site private servicing report and agreement in
principle with the conclusions of the report.
6.5 The Clarington Public Works Department stated it had no objections or comments.
6.6 The Regional Planning Department remarked that the subject property is designated
'Living Area' in the Durham Regional Official Plan. Lands within this designation shall
be used predominantly for housing purposes. Special purpose commercial uses serving
640
REPORT NO.: PD-097-00
PAGE 6
specialized needs on an occasional basis shall be permitted, subject to the inclusion of
appropriate provisions and designations in the area municipal Official Plan.
No municipal services are available at this time. The site plan for this proposal illustrates
an area for a new sewage system. Letters of credit for both the water supply and the
sewage disposal systems must be in place prior to the Regional Health Department's
conditional approval of the proposal. Access to the property is to be limited to the two
existing locations, as indicated on the site plan.
7. STAFF COMMENTS
7.1 The policies within Section 9.3.3 of the Clarington Official Plan acknowledge that
Council may consider interim uses on lands designated Future Urban Residential,
provided the use does not offend the four (4) policies as follows:
. Is not capital intensive - the application currently before Council is to recognize the
existing flea market use from a temporary to permanent status. Since there are
existing permanent buildings on site, it has been determined that provided there is no
significant further capital investment, the use would conform. No new structures
would be permitted. No expansions to existing structures would be permitted.
Renovations to structures would only be permitted for health and safety reasons.
Improvements to the septic system and wells are necessitated through the rezoning
application.
. Does not require municipal services - the proposal is to continue the use of a flea
market on private services.
. Does not adversely impact any natural features shown on Map "C" - no natural
features are shown on Map "C" adjacent to the flea market site.
641
REPORT NO.: PD-097-00
PAGE 7
. Does not jeopardize the orderly future development of the lands for urban uses - the
lands are designated Future Urban Residential. It is anticipated that these lands will
not develop for a number of years within the context of the current policies in the
Official Plan until fUll urban services are available. This application does not further
any existing impediment for future residential development.
7.2 In 1998, the Regional Health Department advised the applicant that the flea market has
been temporarily zoned since 1992 and that the current sewage holding tank system was
approved as a temporary facility for a three (3) year period in 1992. As such, the Health
Department requires a letter outlining when the permanent sewage system will be
installed.
In the past the applicant has expressed difficulty in securing financing to meet the costs of
fulfilling the Regional Health Department's two requirements of providing a new Class 4
private sewage disposal system and a drilled well. This difficulty has slowed the
processing of the current rezoning application. As noted in Section 5.2 of this report, the
applicant submitted a letter to the Planning and Development Department which stated
his intention to not apply for any further temporary use by-laws and to conclude the
current rezoning process by no later than April 27, 2001. The applicant has stated that he
cannot have the required on-site private water supply and septic systems installed and
operating by April 27, 2001 but, he has presented a timetable for installation of each of
the two systems. During the site plan amendment process prior to finalization of the
rezoning, he will present performance guarantees to the Municipality to ensure that the
works will be installed in the agreed-upon timeframes.
The timeframe and the value of the performance guarantees has been reviewed by the
applicant, the Planning and Development Department and the Regional Health
Department and is agreeable to all parties.
642
REPORT NO.: PD-097-00
PAGE 8
It has been anticipated the well or wells (if two are required) and the water supply tank
moderating system will leave nearby wells unaffected. Nevertheless, a monitoring
program for ascertaining affects on neighbouring wells will be established. If a problem
arises or is caused by the proposed wells the applicant will pay for the cost of
replacement wells. The monitoring program has been reviewed by the applicant, the
Planning and Development Department and the Regional Health Department and will be
incorporated within the context ofthe amending site plan agreement.
7.3 The Fire Department requires an appropriate on-site frrefighting water supply prior to
finalization of the permanent rezoning and yet the applicant, for economic reasons,
requires the adoption of the rezoning, at least in principle, prior to modifYing the pond to
create an appropriate on-site firefighting water supply. The Planning and Development
Department proposes that the rezoning be adopted in principle only. The Zoning By-law
Amendment will be forwarded to Council for approval only after the pond has been
appropriately modified and the amending site plan agreement has been executed.
7.4 The applicant has been informed that he must submit an application to amend the existing
site plan agreement. The amendment will address a number of items, not necessarily
limited to the following: revisions to the site plan, changing the reference from temporary
use to that of a permanent use, preparation of works cost estimates for performance
guarantees for both the on-site private water supply (one or more drilled wells) and the
on-site private septic system (septic tank, pumping chamber, tile bed and mantle).
7.5 With respect to the letter from abutting neighbours, staff cannot comment on real estate
values for surrounding properties.
8. CONCLUSION
8.1 It is respectfully recommended that the rezoning application be APPROVED in principle,
and that the amending By-law, as per Attachment 3, be forwarded to Council for approval
upon registration of the amending site plan agreement.
643
REPORT NO.: PD-097-00
PAGE 9
Respectfully submitted,
Reviewed by,
o r-JY.~'-k
Franklin Wu, M.C.I.P., R.P.P.
Chief Administrative Officer.
Davi Crome, M.C.I.P., R.P.P.
Director of Planning & Development
BR*LT*DC*df
27 September 2000
Attachment I - Site Location Key Map
Attachment 2 - Revised Site Plan
Attachment 3 - Zoning By-law Amendment
Interested parties to be notified of Council and Committee's decision:
William and Margaret LeGros
1678 Bloor Street
COURTICE, Ontario
LIE 2N1
Randy Henry
2 Rothean Drive
WHITBY, Ontario
LIP 1L5
644
ATTACHMENT 1
_ SUBJECT SITE
LOT 30
LOT 29
LOT 28
N
Z
a
-
(/)
(/)
w
<.)
(/) Z
.....J I- a
.....J 0::: <.)
::::> ::::>
0::: 0
I- ()
~
~
"'\
z
a
(/)
(/)
w
<.)
z
a
<.)
\
;
\
!
(j~
,
/
COURTICE
KEY MAP
DEV 93-031
I
645
ATTACHMENT 2
PE:;::~ 1~~1A1J.U.L\!=
-'-", E-"_ "'f\~-"'"
~- c.o"I!.........!...
... L. ""':':. ~<;...~
'5::;,~~I6.~.. ,f:
~'-_'L-P"..'c, '!:!J":
OUILVIWi.-' .~;
e.--",_O:""{~. 'S'
2.,-"'-0'''''''- ,'c..~
~.J'L,C''''C. ;~
't,"..7.,'
...",...~ ..'
......u.~H.....
~l.l..%...~
"B~ ...,L
~:!.2.fC>...~
~.d~~~
"ror>!o......':(" .'i"/'" 0"
;',_EA ';;It-~ P,*,.1.INC:rIN!.l'>~!'
~~:~t-~,I:~'~'~~ .
~$'-~1.1:2.!n..,'
; ,,;:... ,;tt:~~',' ~'.~': ,
"'..r...... C>1' Ou"<oor-.... "\.P~
c......::;..',C'O'l"'P.:C>fE.--I..::,. C!"r~ rS<EA
:..::>,o.,D'....a O!~.IiP.D
LDAt>lNGo ~Q'\IIL'l:i)
~~X~'l;. v~
~;it~~~~i1f~t;;;f::;, '::~
~%t;;0i~3,q;;~;:~
4~r~[~~
P..,o::...h_i(... FO"lt.c""J'JO':'!':P ..
~::::-. '-<'.
...~~.:.....-=
/_.__.J"--....~
,"
.r-___r.'
P"I:((~i(, ;;f-,::;;...l<;~t,
V....P-KINe;- ?~;WIi)l,:D
;;;~1....'~""
::\
(' I'
..,.J-....)
\
,
l
, f~== ,'l;T . ~--'i
~ !II~~ i-II
<. ! 1'1' ; Ii)
I! '!l' .J I!
/' i IT:r-~.::"-'j j ,
/"".r \ ~ I \ .~~
i r/ ~J"..,-"};~.~ '-. '.,,,,/",,,. _.J-
" '-mTfiFl ft;!:t' ~ ,-- '--~:t"'~:;~~,~,~~~~~~<'t:-
I~~I ",,:,.. ~i"r.'~-/!~-" .~: : 1",'tUU il'i, u.~_ ",:.~\\'(~.
- '- =--J ~~s :,.1 x; f"~' ' : :; I; 'I i ..::-\, t
- =-- _ =':J ,,< ..,. -(~Ir~~ lr-, .~~~., t 11',,', -;;' ~~.'~IE~
':-~~'-=::::i p :::: ; "l,r"l--'I"'IJl' .-,\ 1: ;\ :i~
-_.~ t r. l'rf I ;---~jl--f.t.,U,:+l.~+l _.~'-." . ~~...
~3'':: c:C =: . (:,_ "'L); , ~I::::,:':':',. ;:p~~~;r'
.--.- =1_1.-____". _/,: ~~Il!" L' I 11'1, ,~
- ,~ . ,.+ '~1L,.~.--ilt, :-'\\ \,
-. ,F"'~ "..,.:~" J "<' I"' II ',,' /'\.
II' '<it -----+-,."..'::.-:.:.::..:...:,"~._ 'h '1J!1 ' it.lll! I -).'1
i~j /! ",' ~, ....'t;~"~., ~~ .....----'... ..-~}:
',!;~ i ! ',',"'.'. '<. A' < !~FI' ll! IT LI +~ .1,' I' i: ;1 ~! I' j i I r v'1"11t I : I ,~~ ,\
l:--:-"'~'! - .?- ~"':'f~ .,~. I...., l- I, :!!::! I, II ~ll I 'II. I II ~ ...-1.. ~).
.~I)"~~._,,-, ; J' :t / .~~ II
~'- '-: -rt"" ,,,j .t I ,i ! I II t : I' I ~II'I V t I ' " , I" .-~~"
,u'~'-':i ~"l'~~+'-III"I"tlf'I.l71 'I'I,!II' I'" '\
,--~'..,_ _.n". :il~' (I , 11,11, j;!;, ! ).1 I I I I! I, VI JJ: .::-
li( r- ,:J,\~S"~"i '"
->;,,~ ~ ~~ I '._1 ~ !G--=;:;:::-~
~~M.... ~tlb~ i~..~ '''''~~>\ ~~1l:~~"1 ~ :>--' C~~0-
'17~- '
dl '==___.._ __, '...,,1
'I" ., ~ ,
,-<:';':1:':0 t '.~ '-............. _...~ '- J !
r:---;::--.-j;:;~~:'''-'? "-~L:.f
'~~.'4.:
>!~li:T"
...........
,
'..
)
['
J
BLOOR STREET
DEV 93-031
646
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 2000-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the former Town of Newcastle
WHEREAS, the Conncil of the Corporation of the Municipality ofClarington deems it advisable
to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for
DEV 93-031;
NOW THEREFORE BE IT RESOLVED THAT, the Conncil of the Corporation of the
Municipality of Clarington enacts as follows:
I. By-law 98-66 is repealed;
2. Section 6.4 "SPECIAL EXCEPTION - AGRICULTURAL (A) ZONE" is hereby
amended by adding thereto, the following new Special Exception 6.4.65 as follows:
"6.4.65 AGRICULTURAL EXCEPTION (A-65) ZONE
Notwithstanding Sections 6.1 and 6.3, those lands zoned "(A-65)" on the Schedules to
this By-law may, in addition to the other uses permitted in the "Agricultural (A) Zone",
be used only for a flea market and subject to the following zone regulations:
a)
Lot Coverage (maximwn)
10 percent
b) Only those structures which existed on January 29, 1996 are permitted. ,",0 new
structure or any expansion to a structure is permitted.
For the purposes of this subsection, a flea market shall mean an establishment for
occasional or periodic sales activity where floor space is rented or licenced to ten or more
unrelated individual sellers offering goods, new and used, and where the space allocated
to each individual seller is not physically separated by walls which extend from the floor
to ceiling from the space allocated to other individual sellers. II
3. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the
zone desiguation from "Special Purpose Commercial Exception (C4-2)" to "Agricultural
(A)" and "Agricultural Exception (A-65)", as illustrated on the attached Schedule "A"
hereto.
4. Schedule "A" attached hereto shall form part of this By-law.
5. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act.
BY - LAW read a first time this day of
2000.
BY-LAW read a second time this day of
2000.
BY-LAW read a third time and finally passed this day of
2000.
MAYOR
CLERK
647
ATTACHMENT 3
This is Schedule "A" to By-law 2000- ,
passed this day of .2000 A.D.
LOT
LOT 29
1)1
~ CONCESSION 2
;0
il
l
Z
N71043'30''E 125'120
'"
'"
'"
6
N
H-< J. H
'--' 36'728tN 7I02I'OO"E
BLOOR STREET
~ ZONING CHANGE FROM "C4-2" TO "A-55"
~ ZONING CHANGE FROM "C4-2" TO "A"
Mayor
__~25"0
.-----..... - 1:.
50=100
Clerk
100m
,
LOT 30
LOT 29 LOT 28
~~j L--~ i
I w : ~
;::: I ~
!hilS
I I (' U I
:J' I
("
~
z
o
Vi
\ (/)
----''"'~ t5
fr" z
, 0
\ ()
!
I'
I
I
COURTICE
r'
648
t