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REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday May 25, 2009
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Report #: PSD-046-09 File #: ZBA 2009-0003
By-law #:
Subject: APPLICATION BY 564069 ONTARIO INC. TO REZONE TWO PROPERTIES
ON BEAVER STREET (NEWCASTLE) FOR COMMERCIAL USE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-046-09 be received;
2. THAT the application continue to be reviewed by Staff to address outstanding issues
and any concerns raised at the Public Meeting; and
3. -THAT all interested parties listed in this report, any delegations, and the Regional
Municipality of Durham Planning Department be advised of Council's decision.
Submitted by: ~' Reviewed by:
David tome, MCIP, RPP nklin Wu,
Director of Planning Services ,~/ Chief Administrative Officer
PW/COS/df ~"
20 May 2009
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-046-09
PAGE 2
1.0 APPLICATION DETAILS
1.1 Agent:
1,2 Owner/Applicant:
D.G.Biddle & Associates
564069 Ontario Inc.
1.3 Proposal: To permit the rezoning of two (2) residential properties, each
possessing a single detached dwelling, to expand the
existing IGA parking lot by 75 parking spaces.
1.4 Area: 3,407 m2 (both lots)
1.5 Location: Part Lots28, Concession 1, Former Village of Newcastle
49 & 63 Beaver Street South
2.0 BACKGROUND
2.1 On September 29, 2008, Council approved a rezoning application to permit the
development of a parking area expansion to support a 929 mZ addition to the existing
supermarket. Subsequently, the Applicant submitted a Site Plan amendment
application (SPA 2008-0017) for the supermarket addition. The addition will include
an increase of interior, retail floor space as well as a reconstructed loading area on the
south side of the building. Staff review of the Site Plan amendment application is
ongoing.
2.2 Sobeys Inc., the parent company and franchisor of IGA supermarkets in Ontario, has
chosen to rebrand most of the current IGA stores as Sobeys stores. According to the
Applicant, Sobeys corporate policy requires parking ratios greater than those required
by the applicable Zoning By-law in order to serve the overflow needs of its
supermarket clientele.
2.3 On March 6, 2009, D.G .Biddle & Associates submitted an application, on behalf of
564069 Ontario Inc., to request the rezoning of two properties from residential to
commercial use. The purpose of this request is to permit the expansion of the existing
parking lot for the abutting supermarket onto these lands.
2.4 The Applicant's agent has submitted a Planning Justification Report and a Stormwater
Management Report in support of the rezoning application.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject properties are located south of King Avenue East, on the east side of
Beaver Street, in Newcastle Village. At present, each property contains a single
detached dwelling, as well as residential accessory buildings. Both properties contain
a number of mature trees of various types.
REPORT NO.: PSD-046-09
PAGE 3
3.2
4.0
The surrounding uses are as follows:
North - High-Density Residential
South - Low-Density Residential
East - Supermarket Commercial
West - Low-Density Residential
and Commercial (Massey Building)
PROVINCIAL POLICY
4.1 Provincial Policv Statement
The intent of the Provincial Policy Statement is to guide both new development and
redevelopment in a manner that maintains strong communities, a clean and healthy
environment and a strong economy.
Land use must be carefully managed to meet the full range of current and. future
needs, while efficiently using land and resources. Amongst other things, land use
patterns shall be based on densities which promote a mix of housing and employment.
Cost-effective development standards shall minimize land consumption and servicing
costs.
View of 49 & 63 Beaver Street facing east.
REPORT NO.: PSD-046-09
PAGE d
The Provincial Policy Statement promotes opportunities for redevelopment where they
can be accommodated taking into account existing building stock. The proposed
parking area expansion onto the subject lands, will support the continued viability of
the abutting supermarket at its current location within the downtown of Newcastle.
Maintaining the supermarket use, and any of its ancillary uses, through the rezoning of
the subject properties promotes a concentration of land use and will not limit the
potential for future intensification within the surrounding residential neighbourhood.
The Provincial Policy Statement further states that significant built heritage resources
and significant cultural heritage landscapes shall be conserved.
The proposed rezoning will not directly result in development or land use which will
cause environmental or public health and safety concerns. The proposed
redevelopment will not directly cause a strain on existing infrastructure or public
service facilities.
4.2 Provincial Growth Plan
The Provincial Growth Plan seeks to maximize the use of land within existing
settlement and built-up boundaries through redevelopment and intensification and limit
growth on undeveloped land. This proposed change of use from residential use tc
commercial parking lot results in a reduction of jobs and population. However,
accommodating the expanding needs of the existing supermarket may be considered
supportive of the Growth Plan's policy of developing (or maintaining) complete
communities with easy access to local stores and services.
The Growth Plan states that in planning lands for employment, municipalities will
facilitate the development of compact built form and minimize surface parking.
This application will not directly impact upon the continued conservation and
protection of the natural heritage system. Municipalities are to implement strategies in
support of cultural heritage resources abuilt-up areas are intensified.
5.0 OFFICIAL PLANS
5.1 Durham Reoional Official Plan
The Durham Regional Official Plan designates these properties as "Living Areas" in
proximity to a "Regional Centre". An expansion of the existing commercial use onto
the subject properties is permitted by the "Regional Centre" policies within the Durham
Regional Official Plan.
The existing residential dwellings (49 ~ 63 Beaver Street) are currently connected to
water supply and sanitary sewers. These services, along with all other utilities, will
need to be disconnected prior to the removal or demolition of the residential dwellings.
This application is not in conflict with the Durham Regional Official Plan.
REPORT NO.: PSD-046-09
PAGE 5
5.2 Clarington Official~Plan
The Clarington Official Plan designates these lands as "Urban Residential". The
subject properties are located immediately south and west of the abutting supermarket
use and just outside of the Newcastle Village Centre Secondary Plan on the edge of
downtown Newcastle. While the predominant use of lands designated "Urban
Residential" shall be for housing purposes other uses may be permitted which by the
nature of their activity, scale and design are supportive of, compatible with and serve
residential uses.
The existing supermarket and the proposed supermarket addition are located within
the Newcastle Village Centre Secondary Plan. The policies of the Newcastle Village
Centre Secondary Plan state that, aside from certain exceptions, all retail and
personal service uses shall be located inside the area designated as Village Centre.
It could be possible to consider the expansion of the commercial parking area behind
the existing houses on Beaver Street as permissible through interpretation, provided
suitable lot sizes were maintained.
The application as presented does not conform to the Clarington Official Plan.
6.0 ZONING BY-LAW
6.1 Zoning By-law 84-63 zones the subject lands "Urban Residential Type Two (R2)" and
"General Commercial Exception (C1-54)". The existing dwellings are located on the
east side of the property within the area zoned "R2" (See Attachment 2). This
application proposes to extend a commercial zoning across both properties as the
"R2" zone does not permit the proposed commercial ancillary use.
The existing supermarket site already includes sufficient land area to accommodate
the parking and loading needs of the existing building and the 929 m2 addition.
7.0 PUBLIC NOTICE AND SUBMISSIONS
7.1 Public notice was given by mail to each landowner within 120 metres of the subject
site. Public meeting signs were installed on each property frontage.
7.2 The Municipality previously received public comments from three neighbouring
residents for the earlier rezoning application (ZBA 2008-0020) which sought to permit
the expansion of the existing IGA supermarket. As the current application will also
result in an expansion of the supermarket use, the public comments already on file
were reviewed and considered for this application as well. The portion of the
comments that relate to this application included questions about the landscaping,
illumination and fencing of the expanded parking area as well as connections between
the parking area and the street. These matters will be addressed through the Site Plan
approval process.
REPORT NO.: PSD-046-09
PAGE 6
7.3 One new inquiry was received for this application. The inquiry expressed concern
over the potential demolition of the two existing residential dwellings if the Applicant
became unwilling or unable to relocate them. This matter is reviewed further in
Section 9 of this report.
8.0 AGENCY COMMENTS
8.1 The Clarington Emergency Services Department and the Clarington Operations
Department have no objections to the application. Any conditions will be addressed
through the Site Plan approva(process.
8.2 The Ganaraska Region Conservation Authority has no objections to the proposal.
8.3 The Clarington Engineering Services Department has stated that the subject lands
contain a road allowance under the authority and ownership of the Municipality of
Clarington. This proposal cannot proceed until such time as the applicant has acquired
clear title to all of the subject lands. Approval for legal closure and conveyance of the
road allowance must take place in accordance with the Municipal Act and will be
subject to the approval of the Council of the Municipality of Clarington. The Applicant
has made application for closure and conveyance of the road allowance in accordance
with Municipal policy; however the matter has not received final approval from Council.
All other engineering conditions will be addressed through the Site Plan approval
process.
8.4 The Clarington Heritage Committee has expressed opposition to the proposed
rezoning as they feel that replacing the existing dwellings with a parking lot will have a
negative impact upon the character of the neighbourhood. The Heritage Committee
further requests that Council consider adding 49 Beaver Street and 63 Beaver Street
to the Municipal Register.
9.0 STAFF COMMENTS
9.1 Removal/Demolition the Existino Dwellings
The proposed parking area redevelopment will necessitate the demolition or the
removal of two existing dwellings. Assessment records indicate that the existing
residential dwellings .were constructed in 1922. According to the Newcastle Village
and District Historical Society, these two-storey, cement block buildings are the only
remaining buildings of this form of construction left in Newcastle.
Neither of these two dwellings (or any of the accessory buildings on either property) is
designated under the Ontario Heritage Act. In pre-consultation discussions held with
Staff, the Applicant has stated that it is their intention to relocate the existing
residential dwellings off-site rather than demolish them. At the time of the writing of
this report the Applicant had still not identified a specific property(s) to which the
proposed dwellings could be relocated.
REPORT NO.: PSD-046-09
pnr.F ~
9.2 Expansion of the Parking Area
The Applicant has stated that they require the increased parking area in order to meet
the requirements of their corporate parking policy.
Presently, the property dimensions, shaped like an inverted "L" (see Attachment 1),
limit the orientation of parking spaces, drive aisles and sidewalks. The proposed
rezoning would "square up" the southern limit of the supermarket site. This application
would not only increase the number of total parking spaces but it would also permit a
redesign of the existing parking area.
Staff could consider a partial expansion through rezoning of the rear portion of the lots
provided that the appropriately sized residential lots were maintained for the homes at
49 and 63 Beaver Street. This would allow an additional 54 parking spaces. To
remove the homes would require an Official Plan amendment.
10.0 CONCLUSIONS
As the purpose of this report is to satisfy the requirements of the Public Meeting under
the Planning Act, and in consideration of the comments received from circulated
agencies, it is respectfully recommended that the application to amend the Zoning By-
law 84-63, as amended, continue to be reviewed by Staff for the preparation of a
subsequent report.
Hnacnments:
Attachment 1 -Key Map
Attachment 2 -Zoning Map
List of interested parties to be advised of Council's decision:
Mark & Karen Kartusch
Scott & Laura Morgan
Geoff & Meredith Shaw
Newcastle Village & District Historical
Society
Clarington Heritage Committee
Attachment 1
Tn Rnnnrt PCn_nn~_nn
Attachment 2
To Report PSD-045-09
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