The URL can be used to link to this page

Home My WebLink AboutPD-040-00 ~ ~ , DN:P040.QO THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File # PI 1 Zf)/f- dLDO ~ CD7 Res. tV;! If - J!/koo Date: Monday, May 1,2000 Report #: PD-040-00 FILE #: ZBA 2000-007 By-law # Subject: REZONING APPLICATION APPLICANT: WILLIAM BRYANS PART LOT 32, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON -1560 HIGHWAY 2, COURTICE FILE: ZBA 2000-007 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: I. THAT Report PD-040-00 be received; 2. THAT the rezoning application submitted by Tunney Planning Inc., on behalf of William Bryans, be referred back to Staff for further processing and preparation of a subsequent 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: William Bryans 1.2 Agent: Tunney Planning Inc. 1.3 Rezoning: To rezone the subject lands from "Urban Residential (Rl) Zone" to permit a professional office. 1.4 Site Area: 0.20 hectares (0.49 acres) 608 "'-' ~ REPORT NO.: PD-040-00 PAGE 2 2, LOCATION 2.1 The subject lands are located at 1560 Highway 2 in Courtice (see Attachment #1). The applicant's land holdings total 0,20 hectares (0.49 acres). The property is contained within Part Lot 32, Concession 2, in the former Township of Darlington. 3, BACKGROUND 3.1 On February 28, 2000, the agent submitted a rezoning application to the Municipality of Clarington to legalize the existing professional office use on the property. 3.2 The Zoning By-law permits a home occupation provided that no more than 25% of the habitable dwelling area is used. An investigation by our By-law Enforcement Division revealed that more than 25% of !he dwelling has been converted for use as a medical office. As a result, the Owner was requested to submit a rezoning application to permit a professional office use. 4. SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The property contains a single detached dwelling unit that currently that has been converted for use as a medical office (see Attachment #2). The entire sile slopes gently towards Black Creek. The rear of the property is partially wooded. 4.2 Surrounding Uses: East North West - South - Urban residential Black Creek valleylands Urban residential 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. 609 ~- REPORT NO.: PD-040-00 PAGE 3 5.2 Within Clarington Official Plan, the subject lands are designated "Urban Residential: 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 developmenl is located within 50 metres of a stream. 6, ZONING BY-LAW CONFORMITY 6.1 The subject lands are currently zoned "Urban Residential (Rl) Zone", which does not permit office development 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 ofthis report, no inquiries have been received on this application. 8. AGENCY COMMENTS 8.1 The Clarington Fire Department and Ontario Hydro Services Company have no objections to the proposal. 8.2 The Clarington Public Works Department has no objections in principle to the rezoning but noted that detailed comments would be provided at the site plan approval stage. A change of use or building permit will be required. 610 '- ~ REPORT NO,: PD-040-00 PAGE 4 8.3 The Durham Regional Heallh Unit has indicated that the existing septic system appears to be undersized. Therefore, a new sewage system, designed by a qualified engineer, must be installed for the proposal. 8.4 Central Lake Ontario Conservation indicates Ihal the subject property may be affected by flooding and erosion, the greater hazard being erosion of the slope by the Black Creek. The Black Creek stream corridor contains diverse forest and fisheries characteristics and provides for wildlife movement. The delineation of hazard lands, as well as tree preservation, should be determined through the environmental impact study process. Until these issues are addressed, the application is premature. 8.5 Comments remain outstanding from the Durham Regional Planning and Public Works Departments. 9. COMMENTS 9.1 Although the applicant currently resides on the premIses, m excess of 25% of the habitable dwelling unit area is being used for home occupation purposes. As a result, this application has been submitted for consideration. Rezoning applications have been submitted on both sides of the subject lands to permit professional office development. The Murphy/Stephenson (1556 Highway 2) and West/West/Wilson (1564 Highway 2) applications have already been through the public meeting process. 9.2 A number of issues including access to Highway 2, stormwater management, and the EIS study must be examined comprehensively between all three properties. Cost savings could be realized through sharing study costs for the EIS and stormwater management. 9.3 The EIS study has been initiated for all three properties. As any impacts are likely to be minimal, the study process has been scoped. Staff expect that the study process will be 611 '- ~ REPORT NO.: PD-040-00 PAGES completed within 6 to 8 weeks. 9.4 The Municipality is experiencing development pressures along the Highway 2 corridor in Courtice, especially in the Special Policy Area "F" lands. Based on Council's endorsement, the Planning Department has initialed a study of this area to determine an appropriate land use, urban design, and transportation plan. 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, ,j f'tiA-.i_Q --=(^-')-t'v Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer. Davi . Corne, M.C.I.P., R.P.P. Director of Planning & Development *df 14 April 2000 Attachment # I - Key Map Attachment #2 - Site Plan 612 '- v REPORT NO.: PD-040-00 PAGE 6 Inlerested parties to be notified of Council and Committee's decision: Tony Rubino Tunney Planning Inc. 340 Byron Street South, Suite 200 WHITBY, Ontario. LlN 4P8 William Bryans 1560 Highway 2 COURTICE, Ontario LIE 2R6 Fred Elliot 1576 Highway 2 COURTICE, Ontario Ll E 2R6 Cindy Bosy 1690 Highway 2 COURTICE, Ontario LIE 2M6 613 ATTACHMENT .1 ~f ~ "" I _ SUBJECT SITE LOT 33 NASH ROAD LOT 32 -! I I I i l'i'l""I'~ I I I I I 1/ --L I ~ I ,,/ I I I'r"nJ/ " ~ (oj - -, [~ / r-- i II~ b, \ i. '~~ ~ I, = ::=r2: ~~).. ~ \~ I",ro'. lF~) ~ ~ 11 \ == ._,.../~~ / ~~ IJ"'Ah-["'l d'1l I l-' EJ) \'11 k = =1 "rY~ '( 7:~ ~." II J;.t1 ( V ~Y, / f' f ',- ~ 0 ~I- ~ '-- / / ) -I" I I I I I if r-l I rA,1 i J HIGHWAY 2 ~,' --J I ! ',--t- J L/~ ~!IJ I I .t/:.~\ O~ O. .....-----,,...J l-- = I I ~~ r / I ~ ~ ~ _,' I ~ ~~&m ~~J~b~ ~ ~~dI 'Ib = ~ ------f:::: \' t- T f \ \ I \l1WJ = /'~-=r II "'- '-L---~l _ ~- r .., ---...... -r-? - c-:. 1Y ---- --l+ --- ~ -c . III WIF'I - f-..If-- -~I---"~ -j - - II ...... I---" J: = r-......, - '- ~-... t.=: v I-- 6 I---" d == r-......, f--... tl:IA ~ ~ ,Df?r ' ---U) .B-1 f '1 1m ~ (~ r--/~' ..! f-- - -;"~ ~ L!; C; "-.., I t.!l.h- ..l.L, JML J. ~~ ---W-V/': ,7 ~~I ~ 'I,! I ~~ J-/m ;r CI) 'I I .Y.:-:1Yl~ IJ (~, ---- ~ - lY? COURTICE KEY MAP ZBA 2000-007 614 C'\I Z o - (f) (f) w () z o () '- ~, I I I < I 1"- ~ 1"- :2 ::: '1: , n 'c: u o -i Q') I I I __l__ -I- I pc"" ! I i~ -r- I -L~ ~ !PART 26590 p" ..- .. '4'''2:0"( (31.~ 1'156 1f'\.AMr1J .-(___74.18 -- ...""" DEt:DII~ (10'1 -' '\, fNOllF /'DiCE 0.1" EA_";~ JO/.1~T j ~ " r O~- ~ : ~ , I'EHCEO.""[AST . 0 . , . 0 , ~ -, 0 . . 0 . . 1 ~ " f ~ ~ ~ ~ """ l.!"W["sr ~ ~ ~ COfl!CE5510!1l Ir ,/ . l!J.t1r , , " lO,p. -, I"V2Sf~ , -' , -- l """".. f - / 16.6J' , , u"',' ~ . L_~ b I " . r , ~ ~ S.E.~o' B/odf If,PIaIt"'. 141 lIty PLANIOIt - 28?'1t F'EM:E:oP'l':"sr- SlBI7OQ~ /OOJI!I.JlO\..../3,I, $En -1--""" 70.DO'/PUWf3JHllltl411 MSO}~_-,>- N69'22'30.E ~M"~ ~" PLAN 'THE KING'S HIGHWAY N~ 1213) OR - 0172 --. ..--/1 .- I ATTACHMEINT '2 //1 /1 . . I ~ ;; b . r . , . ~ , ~ tOT 32 ---':> --T- , . I' , ~ 0 I L . I . " I /-_. fTl<<:EtiOFI-6IGf I 0.3' WEST * - !f, Q . , . Q ~ '~ I . ., i , I "= . I ~ , f . , ,~ ---':--- I ll'ART I , PLAN lOR - !5!S11 ".,r'Pt.ANff tlll$Cf NO 289 HWY'SJ ZBA 2000-007 1560 HIGHWAY 2, COURTICE 6 c; -' ." 2'