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Home My WebLink AboutPD-008-00 ," DN: PD-008.00 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON .. REPORT p1LIC MEETING Meeting: General Purpose and Administration Committee File # V l if 28I?Qr-o 'f:l.... Res. it!O ~Il- tf) -00 Date: Monday, January 31, 2000 Report #: PD-OOS-OO File #: ZBA 99-042 By-law # Subject: REZONING APPLICATION APPLICANT: CHARLES MURPHY & SUSAN STEPHENSON PART LOT 32, CONCESSION 2, FORMER TOWNSIDP OF DARLINGTON, 1556 IDGHWAY 2, COURTICE FILE: ZBA 99-042 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-008-00 be received; 2. THAT the rezoning application submitted by G.M. Sernas & Associates L~ited on behalf of Charles Murphy and Susan Stephenson be referred back to Staff for further processing and preparation of a subsequent report report pending receipt of all outstanding comments; and, 3 . THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Charles Murphy and Susan Stephenson 1.2 Agent: G.M. Sernas & Associates Limited 1.3 Rezoning: To rezone the subject lands from "Urban Residential (Rl) Zone" to permit a professional office. 1.4 Site Area: 0.23 hectares (0.57 acres) 601 - > REPORT NO.: PO-o08-00 PAGE 2 2. LOCATION 2.1 The subject lands are located at 1556 Highway 2 in Courtice (See Attachment #1). The applicant's land holdings totals 0.23 hectares (0.57 acres). The property in legal terms is known as Part Lot 32, Concession 2, in the former Township of Darlington. 3. BACKGROUND 3.1 On December 7, 1999, the applicants submitted a rezoning application to the Municipality of Clarington. The applicants propose to legalize the existing professional office use on the property. 3.2 An investigation by our By-law Enforcement Department revealed that all three floors of the building have been converted for use as a professional office or medical clinic. In addition, the owner also does not reside at this location. As the existing use is not permitted within this zone, the owner was requested to submit a rezoning application to legalize the existing use. 4. SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The building is located towards the front of the site (See Attachment #2). The front portion of the site slopes gently towards Highway 2. The rear of the property has been redeveloped as a parking lot to serve the medical clinic. 4.2 Surrounding Uses: East: Urban residential North: Black Creek valleylands West: Tanglewood Restaurant South: Urban residential and commercial plaza 5. OFFICIAL 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. The application conforms to the policies. 602. ... , REPORT NO.: PO-o08-00 PAGE 3 5.2 Within Clarington Official Plan, the subject lands are designated "Special Policy Area F - King Street Corridor". Permitted uses include limited office development. Conformity will be determined once a land use plan has been prepared for this special policy area. 5.3 The property is adjacent to the Black Creek valleyland, which has been identified as a "Cold Water Stream" and "Hazard Land" on the Official Plan's Natural Features and Land Characteristics mapping. Section 4.3.8 of the Official Plan requires that an environmental impact study be undertaken where development is located within 50 metres of a stream. Any impacts are likely minimal. As a result, the EIS Study process would be a very scoped review. 6. ZONING BY-LAW CONFORMITY 6.1 The subject lands are currently zoned "Urban Residential (Rl) Zone", which does not permit a professional office on the property. As a result, a rezoning application was submitted for consideration. 7. 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 As of the writing of this report, two telephone inquiries for general information have been received. One caller was concerned that permitting the proposal would erode the ability of the north side of Highway 2 to function as a residential neighbourhood. 8. AGENCY COMMENTS 8.1 The Clarington Fire and Public Works Departments have no objections to the principle to the rezoning. Detailed comments will be provided at the site plan approval stage. 603 - . REPORT NO.: PO-ooa-oo PAGE 4 8.2 The Durham Regional Health Unit has investigated the property and has no objections to the application. It is noted that the use cannot be expanded unless the building is connected to the municipal sewer system. 8.3 Comments remain outstanding from the following agencies. . Central Lake Ontario Conservation . Durham Regional Planning Department . Durham Regional Public Works Department 9. COMMENTS 9.1 A number of issues including access to Highway 2, stormwater management and the EIS requirement must be examined comprehensively between properties located at 1556, 1560, and 1564 Highway 2. Cost savings could also be realized through sharing study costs for the EIS and stormwater management. 10. CONCLUSIONS 10.1 As the purpose of this report is to satisfy the requirements for the Public Meeting under the Planning Act, and taking into consideration all of the comments received, it is respectfully requested that this report be referred back to Staff for further processing and the preparation of a subsequent report. Respectfully submitted, Reviewed by, dr~~ '0 . Crome, M.C.I.P., RP.P. Director of Planning Development RH"DJC*cd Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer Attachment #1 - Key Map Attachment #2 - Site Plan 604 } REPORT NO.: P()'o08-o0 PAGE 5 Interested parties to be notified of Council and Committee's decision. Charles Murphy and Susan Stephenson 1556 Highway 2 Courtice, Ontario LIE 2R6 Bryce Jordan G.M. Sernas & Associates Limited 110 Scotia Court Unit 41 Whitby, Ontario LlN SY7 605 , ATTACHMENT 11 . _ SUBJECT SITE --1 u_ I LOT 33 NASH ROAD 1..'""'lu.....II~----li",--j I / [) ;/1 /,i I / , COURTICE KEY MAP ZBA 99-042 606 l I N Z o (f) (f) w u z o u ! y "" " , , - , > , ~ .~ :D;< ~ ;;" " s ....~--'....' :;..~ ~., :1 ,,' , ;:: " ,,' jJ .:;:-- i ": ~ , I , --Llj;; "' .. ~ ~;, ,,:.~;:~ ,,' :.1 ~ ,",,"T." '~:O,.._.----1 -----V. '.' "',<0' ",,,,,-,,.,," nt.>.'! 'r'".,o,< ~=~" THE I, /.,'?' ",e1 Z~_la ~ p' o~' ,~O' ;,., .,...., ,,"" L o T MlEA 2221 7 "'~ - " .' ~ i CONCESSION " " 1'.'.'1,- I'~ .1:/ /,!;( - 2/'" ,,,s' OJ' ;c'_"'" " .,' " I- I .' \ i, "0"" l, t ...., "",ce'" j ,;~T~';~- " " _ 69'12' ~o" E ,t" _,too ,,' KING'S '" "" .~~H .~- .~- " " r~ _ ,1 .\' "ni' ..."..TOW,-"" 1;;/" 2 r ! , '. I 'i' /i I' ., /1 I I' I' 1/ I. 1/ I If ~' I I , ! \ I ~ I I ,,' "".".~ I I I I I I ____J~, " - --,.:.........-:":::J -LYJ.~~ / I'~-J.. .W_U~1 32 " .' i .' , , " .' .,' .' ,,' .' N' 2 ,.' ~';~...~ ',,- ~ .' " ,- ZBA 99-042 " ~o, 5~ " \~o ;':.., .,,'" ",,-, 0'-=" HIGHWAY 2e~ I.....' ~) -~~ ~:p 607 ATTACHMENT 12 Lf: \ HJr~IJ) 'eT' I II_Lt- - -- .w,..~tl.. I ....- I / 'I '"~-~ _"' ___ I", -- '''' _!.~'-'--=--=-- r-->lr~J' , ,'" J- I' I . [ -- I . IIlr (I 1,11. ," - ~~~,... KEY PLAN "." 'BCO PLAN OF LEVELS Or P!,"lT OF LOT 32., cmKESSION 2 TCWNSHIP Or DARLINGTON, nc,," ,,' Ihe TOWN OF NEWCASTLE REG'ONAL MUr>.ICIPALlTY OF DURHAM 5CALE 25C,(r rLE'SCHhlANtJ_DL5.'91lB M/eTHIC e,,'..'" '"0""0.'"""....,'"...""...". 8{"'.,,[O,,")0 '"'' 0"""'"< LEGEND ? ."'0'" '0.'" .O'"~'" CW"O O'""U', "'" ~O~C,",., >t., ""0""."0"0 "0"" "',Qlr' '"0"". N',",,'" .""t_ ""'" ... GEODETIC BENCH MARK N~ 67- U- 026 ELEV, . 117.157",. (QD D~lU"J L~'<' <Q'<.'" <l'L"" , "~O'R .""WAY ., '.0_" ""'OCt< e".., , ,., '"Q~'l[" '~5f 01' .0>> ",.oct, ".", ,. w,,, 'AC' " C"tV(RT AT 'O"~ ,~o. "'~. ."ow "''', o..~. O"OW "OAD UVH ------ SURVEYOR'S CERTIFICATE '"' ""-0 "".'<Y ",.",""'" O. ,~" ".. '0."'-"" O' 'H( "'.,n OF ~'"O". ".' !({\,-"c~,,^a<<.o.c. C'.'U",CH.,"" '.''''0 ".. ....,,~ DONEVAN B FLEISCHMANN CO, LTD. LAND SURvEYORS' P'(MR'NG TOWN (~NTRE P'CK'~iNG UV 1M O'<'ARIO " O~".R'O S'R," 05HAWA ll~ ~,-~ ~_-_~'~-,--"'-'~~ "'~-..~, ""no., ,.." CH,-O.' ,., ".,,'---:-'--.0 :;;'''---;;;;4j