HomeMy WebLinkAboutPSD-030-07
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REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Report #:
PSD-030-07
File #: ZBA 2006-0030
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Date:
Monday, March 5, 2007
Subject:
REZONING APPLICATION TO PERMIT TEMPORARY PARKING LOT
APPLICANT: GERR HOLDINGS LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-030-07 be received;
2. THAT the rezoning application submitted by Gerr Holdings Limited be
APPROVED and that the attached Zoning By-law Amendment be ADOPTED by
Council; and,
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
~
Reviewed b. .....~~
vi J. Cro ,M.C.I.P R. .P. nkhn Wu,
irector of Planning Services Chief Administrative Officer
RH/COS/DJC/df
23 February 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-030-07
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Gerr Holdings Limited
1.2 Agent: Cowan Pontiac Buick
1.3 Rezoning: To rezone the subject lands from "General Commercial (C1) Zone"
to permit the development of a temporary parking lot in association
with a motor vehicle sales establishment for a period not exceeding
three years.
1.4 Site Area: 0.17 hectares (0.42 acres)
2.0 LOCATION
2.1 The lands subject to these rezoning and site plan applications are located in
Bowmanville at 18 Brown Street between King Street East and Church Street
(see Attachment 1). The applicant's land holdings total 0.17 hectares (0.42
acres). The property is located within Part Lot 11, Concession 1, in the former
Town of Bowmanville.
3.0 BACKGROUND
3.1 On November 7,2006, Cowan Pontiac Buick, on behalf of Gerr Holdings Limited,
submitted a rezoning application on the subject lands. The application proposes
a temporary parking lot for a maximum period of three years to accommodate the
overflow parking needs of Cowan Pontiac Buick. This will permit the dealership
to reorganize their site during the reconstruction of their dealership. A site plan
application (SPA 2006-0039) has been submitted.
3.2 The use of these lands for parking is considered an extension of an existing
motor vehicle establishment. Since the Cowan Pontiac Buick motor vehicle sales
establishment is legal non-conforming, use expansions require a development
application to legally extend this use permission onto other areas of the site and,
in this case, onto adjacent properties not owned by Cowan Pontiac Buick. In
order to permit the use on a temporary basis, the applicant has submitted a
rezoning application to consider the parking lot for a maximum period of three
years. Staff would advise Council that the applicant could apply to extend the
temporary zoning for one further three (3) year extension.
REPORT NO.: PSD-030-07
PAGE 3
4.0 SITE CHARACTERISTICS AND SURROUNDING NEIGHBOURHOOD
4.1 The property owned by Gerr Holdings Limited is currently vacant. The land
slopes gently southeast towards Brown Street. There are trees along the south
and the west side of the property as well as two mature trees near the northern
property boundary.
4.2 The site is located within a mature residential neighbourhood. The homes range
in age between 40 to 100 years. The area to the south along King Street is an
area of transition from residential to commercial, while the area to the north is an
established residential area.
Figure 1.0 - Existing Parking Lot from Brown Street
Surrounding uses include older residential uses and Cowan Pontiac Buick to the
east, older residential uses to the north, a commercial plaza and multiunit
residential use fronting King Street to the south and west.
REPORT NO.: PSD-030-07
PAGE 4
Figure 2.0 - Residence to the North of Parking Lot
5.0 PROVINCIAL POLICIES
5.1 Provincial Policv Statement
The Provincial Policy Statement identifies settlement areas as the focus of
growth and promotes intensification of vacant and underutilized property. The
proposed development does not conflict with the Provincial Policy Statement.
5.2 Growth Plan
The Growth Plan focuses new growth within existing urban centres. The Plan
also encourages towns to offer an array of employment opportunities. Although
the proposal does not implement the intensification requirement of the Growth
Plan, the proposed development, as a temporary use, is not inconsistent with the
principles of the Growth Plan.
REPORT NO.: PSD-030-07
PAGE 5
6.0 OFFICIAL PLAN POLICIES
6.1 Durham Reaional Official Plan
The lands are designated "Regional Centre" within the Durham Regional Official
Plan. Commercial uses are permitted within this designation. The application
conforms to the policies.
6.2 Clarinaton Official Plan
The Clarington Official Plan contains a number of guiding principles for growth
dealing with sustainable development, healthy communities, and growth
management. The proposal promotes the economic vitality of the area by
encouraging existing business growth.
The Clarington Official Plan contains strategic policies for growth. As a
temporary use to allow for the redevelopment of the existing car dealership, the
proposal would assist growth and development of an existing downtown
business.
The Clarington Official Plan designates the subject lands as "Town Centre".
Town Centres shall provide a full range of retail and personal service, office,
residential, cultural, community, recreational, and institutional uses. Town
Centres shall function as the focal points of activity, culture, and interest for
residents. The proposal would support these objectives.
6.3 Bowmanville East Town Centre Secondary Plan
The Bowmanville East Town Centre Secondary Plan designates the property
"Street-Related Commercial Area". The policies encourage to strengthen and
create businesses to serve a regional market, provide employment, and promote
a diverse range of land uses to foster a healthy live/work relationship. Permitted
land uses include retail, service, and office uses, hotel and convention facilities,
residential uses, recreational and cultural uses, and community uses. As
commercial uses are permitted within this designation, the proposal conforms to
the policies.
7.0 ZONING BY-LAW CONFORMITY
7.1 The lands at 18 Brown Street are currently zoned "General Commercial (C1)
Zone", which does not permit parking in association with a motor vehicle sales
establishment. In order to permit the proposal, a rezoning application was
submitted for consideration.
REPORT NO.: PSD-030-07
PAGE 6
8.0 PUBLIC SUBMISSIONS
8.1 A statutory Public Meeting was held on January 22, 2007 for this application. An
agent for the resident abutting the subject lands to the north indicated the
following concerns about the proposal.
a) Noise and light generated by traffic using the parking lot is an issue.
b) Use of the parking lot on weekends creates a nuisance issue.
c) Garbage from the parking lot blows onto the neighbour's property.
d) People drive over the neighbour's property through the northern entrance
to the subject lands.
e) Dust from parking lot creates a nuisance for the neighbour.
These issues are addressed in Section 10.2 of this report.
9.0 AGENCY COMMENTS
9.1 A number of relevant agencies were circulated on these applications for
comment. . The Clarington Emergency Services Department has no objections to
the proposal.
9.2 Both the Durham Regional Planning Department and Durham Regional Public
Works Department have reviewed the application and offered no objection to its
approval.
9.3 The Clarington Engineering Services Department has no concerns with the
proposal provided that no changes to existing drainage patterns are made
through this proposal.
9.4 The By-law Enforcement Division of the Clerks Department has raised concerns
over lot grading, drainage, and the use of gravel as a surface treatment of the
parking area. The lot grading and drainage may affect some adjacent properties.
In addition, the gravel can get spun by tires onto adjacent properties.
1 0.0 STAFF COMMENTS
10.1 The Planning Services Department has recently granted site plan approval to
permit the existing Cowan motor vehicle sales establishment to expand. This
includes a dealership extension near the King Street road frontage. The
redevelopment will require extensive reorganization of the site. During the
construction period, Cowan will require additional employee parking which could
be accommodated on the subject lands. The Planning Act permits approval of a
temporary use zoning by-law for a period not exceeding three years. In order to
permit the proposal on a temporary basis, these applications were submitted.
REPORT NO.: PSD-030-07
PAGE 7
10.2 Staff have reviewed the concerns raised by the neighbouring resident and have
addressed the land use planning issues in the following manner.
a) The applicant will be required to install a portion of 2.0 metre high privacy
fence along the property line to the screen the house from lights.
b) The applicant cannot be held responsible for the use of the subject lands
after operating hours since he does not own the property.
c) The applicant must ensure that the site is free of litter or garbage that
may blow onto the neighbour's property.
d) The applicant must ensure that their employees do not use the northern
access point as a means of vehicular access to the property.
e) Parking of vehicles will only be permitted on the gravelled portion of the
property. The applicant will be responsible to ensure that excessive
amounts of dust do not travel onto the neighbour's property.
10.3 The issues raised by the By-law Enforcement Division have been reviewed and
the Clarington Engineering Services is satisfied with the proposal as long as the
existing grades are not altered. In order to limit the flight of gravel onto
neighbouring properties, parking will not be permitted on the sodded buffer
around the property perimeter to prevent this problem. Curb stops will be
required along the sidewalk area to prevent cars from parking near the sidewalk
along Brown Street. These conditions will be imposed through the site plan
approval process.
10.4 Based on the previous analysis, staff have issued conditions of site plan approval
to the applicant and the landowner for the temporary parking lot, which include
the following requirements:
a) a 2.0 metre high privacy fence is to be erected along the property line to
shield the house from the effects of noise and light from cars;
b) a 3.0 metre strip of land along Brown Street is to be sodded or grassed;
and,
c) concrete curb stops are required to prevent cars from crossing the
grassed strip.
Staff will ensure that these conditions are implemented through a site plan
agreement that is registered on title of the property.
10.5 Although the proposed temporary use zoning by-law amendment would remain in
force for a three (3) year period until January 22, 2010, it is written such that it
would not preclude other permitted general commercial uses to be developed
within the three year period. The property owner has prepared a redevelopment
plan for this property to construct a mixed use project. While this project is not
being pursued at the present time, this application would not preclude this project
from being constructed in advance of the three year timeframe.
REPORT NO.: PSD-030-07
PAGE 8
11.0 CONCLUSIONS
11.1 Based on the comments contained in this report, it is respectfully recommended
to Council that the rezoning application submitted by Gerr Holdings Limited be
APPROVED and that the attached Zoning By-law Amendment be ADOPTED by
Council.
Attachments:
Attachment 1 - Key Map and Proposed Development
Attachment 2 - Proposed Zoning By-law Amendment
List of interested parties to be advised of Council's position:
Gerr Holdings Limited
Cowan Pontiac Buick
D. Hoogeboom
Robert Banik
Vic Lewis
Attachment 1
rt PSD-030-07
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Attachment 2
To Report PSD-030-07
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007-
being a By-Law to amend By-Law 84-63, the Comprehensive Zoning 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 2006-0030 to permit a parking lot associated with a motor
vehicle sales establishment as a temporary use for a period not exceeding three (3) years;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality
of Clarington enacts as follows:
1. By adding a new Section 16.5.52 respecting lands zoned C1-52, as follows:
"16.5.52 GENERAL COMMERCIAL EXCEPTION (C1-52) ZONE
Notwithstanding Section 16.1 (b), those lands zoned C1-52 on Schedule "A" of this By-law
may, in addition to all existing permitted use, also be used for a temporary parking lot
associated with a motor vehicle sales establishment for a period not exceeding three (3)
years ending January 22,2010."
2. Schedule "3" to By-Law 84-63, as amended, is hereby further amended by changing the
zone designation from "General Commercial (C 1) Zone" to "General Commercial
Exception (C1-52) Zone" as shown on the attached Schedule "A" hereto. On January 23,
2010, the zoning category will be changed back to the previous "General Commercial (C 1)
Zone".
3. Schedule "A" attached hereto shall form part of this By-Law.
4 This By-Law shall come into effect on the date of the passing hereof, subject to the
provisions of Sections 34 and 39 of the Planning Act, R.S.O. 1990.
By-Law read a first time this day of
2007
By-Law read a second time this day of
2007
By-Law read a third time and finally passed this day of
2007
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2007-
passed this day of , 2007 A.D.
,
~ Zoning Change From IC1" To IC1-52"
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
VINCENT
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