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Home My WebLink AboutPD-009-00 ""- .. DN:P009-OO THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File fj)/ '-/ Zf3ffCfj-o 3~ Res. # {;fll - t.f 5-00 By-law#~~_/r Date: Monday, January 31,2000 Report #: PD-009-00 FILE #: ZBA 99-032 Subject: REZONING APPLICATION APPLICANT: DEREK BAIRD HOLDINGS INC. PART LOT 31, CONCESSION 2, FORMER TWP. OF DARLINGTON 1603 IDGHW AY 2, COURTICE FILE: ZBA 99-032 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-009-00 be received; 2. THAT the rezoning application ZBA 99-032 as revised to amend the Zoning By-law 4- 63, as submitted by D.G. Biddle & Associates Limited on behalf of Derek Baird Holdings Inc., to permit the development of a professional office be APPROVED as shown on Attachment #3; 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. 1.1 APPLICATION DETAILS Applicant: Derek Baird Holdings Inc. 1.2 Agent: D.G. Biddle & Associates Limited 1.3 Rezoning: To rezone the subject lands from "Urban Residential (R1) Zone" to permit a professional office. 1.4 Site Area: 0.3 hectares (0.75 acres) 2. LOCATION 2.1 The subject lands are located at 1603 Highway 2 in Courtice (see Attachment #1). The applicant's land holdings total 0.3 hectares (0.75 acres). The property in legal terms is 608 > REPORT NO.: PD-009-00 PAGE 2 known as Part Lot 31, Concession 2, in the former Township of Darlington. The applicant also owns the adjacent property to the west and additional lands in the area. 3. BACKGROUND 3.1 On September 15,1999, the applicant submitted rezoning and site plan applications to the Municipality of Clarington. The applicant proposes a professional office use on the property. 3.2 A statutory Public Meeting was held on November 8, 1999 to solicit input from surrounding residents. No one was present either in opposition to or in support of the application. A number of general inquiries have been received on this application. A letter has been received from a resident to the south requesting that privacy be maintained. This issue will be discussed at a later point in this report. 4. SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The property contains an unoccupied single detached dwelling unit (see Attachment #2). The front portion of the property slopes towards Highway 2. The rear portion of the site is flat and drains towards the back. There are two sheds on the property and a number of fruit trees at the back of the property. 4.2 Surrounding Uses: East North - West - South - Pine Ridge Motel Urban Residential Urban Residential Urban Residential and Vacant Lands 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. 609 > REPORT NO.: PD-009-00 PAGE 3 5.2 Within Clarington Official Plan, the subject lands are designated "Special Policy Area "F" - King Street Corridor". Permitted uses in this area include limited office development. 6. ZONING BY-LAW CONFORMITY 6.1 The subject lands are currently zoned "Urban Residential (R1) Zone", which does not permit office development on the property. As a result, a rezoning application was submitted for consideration. 7. AGENCY COMMENTS 7.1 The Clarington Fire Department, Central Lake Ontario Conservation and Ontario Power Generation Inc. have no objections to the proposal. 7.2 The Clarington Public Works Department has no objections to the rezoning provided that the following issues are addressed at the site plan approval stage. . If the sidewalk is disturbed along Highway 2, then a restoration detail and performance guarantee for these works are required. . All existing perimeter grades and drainage patterns must be maintained. . Future expansion of this site may require additional measures such as an on-site storm sewer system. . The 2% cash-in-lieu of parkland dedication is required. . A change of use or building permit will be required, which may required additional washrooms. An engineer must review the floor loading capability for 100 psf. 7.3 The Durham Regional Public Works Department has no objections to the proposal. If larger municipal water service is required, appropriate drawings must be submitted to the Region for approval. 610 REPORT NO.: PD-009-00 PAGE 4 7.4 The Durham Regional Health Unit indicated that the existing septic system is undersized. As they have received an application to install a new system of appropriate size, they have no further objection to approval of the proposal. 8. COMMENTS 8.1 Due to development pressures witnessed in the area, the Planning Department is seeking authorization from Council to initiate a land use and transportation study for all the lands designated "Special Policy Area "F" - King Street Corridor" in Courtice. A separate report on this issue is included on this agenda. This portion of the corridor is intended to develop primarily as a medium and high residential area with some limited office, community facility, and recreation uses. Much of the development pressures in the area is for office development. The Official Plan does not provide criteria for the amount or location of office development. The study will determine appropriate locations and further policy direction for permitted land uses. It will address emerging issues and define limitations on office development that can occur in the area. 8.2 The applicant had sought a permanent zoning amendment to permit the professional office use on the property. On its merits, this site does not appear to be prime location for office redevelopment purposes. However, the applicant is using the existing dwelling and does not plan to make a substantial investment in improvements. In order not to create an undue hardship on the applicant and in order not to prejudice the study, it is recommended that a Temporary Use By-law permits the use of the lands for a period of three (3) years for a real estate office. The applicant has agreed to remove the professional office and return the property to residential uses at the end of the three (3) year period. 8.3 A resident raised concerns relating to privacy and requested that a barrier be erected to prevent headlight glare from impacting the houses on Stirling Avenue to the south. Based on the size of the office and hours of operation, this is not anticipated to have a 611 """ REPORT NO.: PD-009-00 PAGE 5 significant impact. The distance that separates the driveway from these properties is approximately 75 metres, which would reduce the impact or intensity of the headlights. Nonetheless, the applicant has agreed to plant a cedar hedge to screen headlights from impacting these homes. This issue will be addressed through the site plan approval process. 9. CONCLUSIONS 9.1 Based on the comments contained in this report, it is respectfully recommended that the Temporary Use By-law provided in Attachment #3 to permit the development of a professional office for the sale of real estate be APPROVED. A holding (H) symbol is not necessary because site plan approval is almost finalized. Reviewed by, O~~ . Crome, M.C.I.P., R.P.P. Dir r of Planning & Development RH*LT*DC*df Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer. 24 January 2000 Attachment #1 - Key Map Attachment #2 - Site Plan Attachment #3 - Zoning By-law Interested parties to be notified of Council and Committee's decision: Mr. Derek Baird Derek Baird Holdings Inc. 6 Barrington Place COURTICE, ~tario LIE 2K9 David Rutty and Denise Miller 24 Kennedy Drive COURTICE, Ontario LIE 2H2 Mr. Bill Creamer D.G. Biddle & Associates Limited 96 King Street East OSHAWA, Ontario LlH 1B6 Mr. Shaun Hammell 17 Stirling Avenue COURTICE, Ontario LIE 1X7 612 ATTACHMENT .1 _ SUBJECT SITE LOT 32 LOT 31 8lW1LCIJ ~ I~Y /' ..,~ ~ ~ ..,f.- )RA1IL J~~= \ \ : rPk~,-- vt ~ ~ w::!{~ ~_ I I ~E \ I/V~~--I l= b >>j) [u "'WE }~;::::t:::J BLACKCREEK TR. _ \ ~ ~ ~ ./ Oj~V li---Y ~ -1------- Ji 8[}\CK V ~ v L ~ ~ ~ .;,i' /" CRrrK-. ""'" ,~ jY- ~ T c/ C~ '\ c~ i / ~IG., 2 :J~ ! I_-l-\ I tj~ tj r-- .LL =\ 13" :J~- c- -______ - ~ meTTI /;-15 1iID -f- - l-- .', \ " II \ - f---~L _f- =f-- -6- ~ -l--- ~H_ snRLlNG AVENUE J '" r/" " ~:ii:ill ~"i !~:~-: STRATHALLAN DRIVE r-r- , 1 '" I;: 1- ~ (;; 11111\ 131 F'" <>: v- ,,;Ft- g,-f-- STEPHEN AVENUE .hi\--- - ~ f-t- lI)_ 11111111111 \ f- '-?l ~~t= '" = f...--., -~~-",,~I-15~ ftJ-" \ -5~1-"'= ,.~ -& I-~~i= ~~ I......J; ---I~' OJ ~~mYf-- ~ ~ -, t'" =]- /~ r!I PARK ~gc:: / f; ~ rT - - ~ \ .........-- r . ~ ,L.- I / ~L.--~f-r ~ 'i --- t...-------- ~ [::::,,"Il11 fT ~~:::: C':II.------- _I- - 15 - -1+ ~l------ - ~ ~ ~- .---- -I;! 1<- " "'- .----~- - ~t...J..------ - ~ DR. EMILY ~~ -Iv , STOWE o " " '-- PUBLIC .....; ~ "" ;---"";i! Wm-l ELEMENTARY =:; ~ tJ ,f-....:J.:;r--f-.-I~ SCHOOL it-----,.......:.~-I~ ::: ~#I II ~ -L1 ,lj~~ ~. ~AOU /2t::/[J - '" 1\ <>:- - ",- ~ '5 g, COURTICE KEY MAP ZBA 99-032 SPA 99-045 613 Cl <( o 0:: (/) -l -l ::J 0:: f- N Z o (/) (/) W () Z o () ! ;llml i,ilil dl"ll: "' I .. i~I~:I~ 1,1., c ",iI'l Ii- r 1111i! ~Illii illli' I"~ 3 !l/H ~I!~ I Iii! . Ii". iRd t-I' lii~ g::! I -".----..:..----'" - ~ ~ ~ '..~ ~~~ '", ,,- (fJ -I fTl -0 r > z ----- ! I x 'II ~ i: ,. i ! , ::n . I!! -i ! , , <0 ~ I I cD I I --.~ I 2. ~O& r []] I , ~'.. . ./'\ , ""'-"', ~, 660 ~. 25_&<1'9 N009'25'30"( ~ 11'..5:;>'! -""- I .. ~ Il T .. ;~ ~ ill. 0" j; ~ GO! g . p ;U~ . . ~ .~ : , ! .. . ~ (J)>~ ii ; ., . . -" I~ II ,. !~ ' l 0" ! Ii {i ~~ ; II ! =i z g i ~ :s ; ; ; ~ ~ :~ " . rrJ C) 5 ~ .f n , . ~ ~ ! . . " "I -u ,. I ... i ;, , r -u ~ E", '"~~ j ., >r~ .. ~ ~! . :! ' ; ..- . I; " I Z > ~ , ~ "' z. , , c . , . .' : ! ",. ! t , 0 ;: ; [ 0 , ~ ATTACHMENT 2 ~__ J -~._----- -- ~~~. &-~--"?,- .. -----~~..."~ - -t.".~_, <(~"'11,. 'I"."-q,. .:~..~ THE KING' S ,!!!.HW~o2._ _ ___~~_ .~~.. --~_.._-----~.. ~~ ~........" - , ~ '" '" o ;U > o z G') -0 r > z < . . . " . I. . . . .....r, . .. .~.... "'... /~, r Ilj Ii' "- 1"1' '.~ '\.;il ~ . [!IT-'" ~'<t,....". ""- 'l< -;'1-"l;- "'q. I i i ! iI! t if~ -i '\" .-(....~ ":f.: . .. . , ~ ! '-tr ."'''.... " ", " -', ;-:,. """ " '" '~ , '" .~~-'......, '" -. '-', ~ r :-t;~fi .\; ..~ ~...... ~..... .". , , ~~~I~ ~ m~; '~~'i ~ i ~u ~~nD!1 ~~ ! . ~ -." ~ i ;~ I'] ! i I, , ~o>tJ ii in 1;1 ,! Ii " " ~i ~ij III ~1It 11 8k!" ~ 1'1: ; hi. ' up I if>! Iii "\-- . tl:l '.c, &;; ~~ " ...........t~ 614 , THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON BY-LAW NUMBER 2000- being a By-law to amend By-law 84-63, the Comprehensive By-law for the Corporation of the Municipality ofClarington WHEREAS the Council of the Corporation of the Municipality ofClarington 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 99-032 to permit the development of a business, professional, or administrative office. NOW THEREFORE BE IT RESOLVED THAT the Council ofthe corporation of the Municipality ofClarington enacts as follows: 1. Section 12.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE ONE (RI) ZONE" is hereby amended by introducing a new Subsection 12.4.50 as follows: "12.4.50 URBAN RESIDENTIAL EXCEPTION (Rl-50) ZONE Notwithstanding Sections 2 and 12.1 (b), those lands zoned RI-50 on the Schedules to this By-law may only be used for an office to permit the listing and sale of real estate. Pursuant to the requirements of Section 39 ofthe Planning Act, 1990, this use may be permitted for a period of three (3) years, ending February 7, 2003, subject to the following regulation: i) The use permitted in the RI-50 zone shall be contained within the existing structure. No expansions shall be permitted to the existing structure." 2. Schedule "4" to By-law 84-63, as amended, is hereby furtber amended by changing the zone designation from: "Urban Residential Type One (Rl) Zone" to "Urban Residential Exception (RI-50) Zone" as shown on the attached Schedule "A" hereto. 3. Schedule "AI! attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date ofthe passing hereof, subject to the provisions of Sections 34 and 39 of the Planning Act, R.S.O. 1990. BY.LA W 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 615 ATTACHMENT '3 This is Schedule "A" to By-law 2000- , passed this day of ,2000 A.D. ~. LOT 31, CONCESSION 2 HIGHWAY 2 -------- ~ ~ N oj ~ o N '" M ;:;: Z 2.41 :y.::::::~:::::~::~:::::::::::::::::~:~:::,:::::::~::, N69d 23' WWE ~iIII~I~~I~~UIIIIII~~~I~~~~U~l: i ~ 111:11111111111!11 Z 28.476 N69d 23' 30. E fZ"77}7.I ZONING CHANGE FROM ~ "R1" TO "R1-50" bi>';!;t:~~!H ZONING TO REMAIN "R1" Mayor Clerk COURTICE ,~ ~ ('oj z o Vi en w () z o () t