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HomeMy WebLinkAboutPSD-060-10Clarington Leading the Way REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 17, 2010 Resolution #: 6PA-- Sol- f 0 By-law #: Report#: PSD-060-10 File #: ZBA 2010-0006 o?arG-O~o Subject: REZONING APPLICATION TO PERMIT A TEMPORARY PARKING LOT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD-060-10 be received; 2. THAT subject to no significant concerns being raised at the Public Meeting, the rezoning application submitted on behalf of Gerr Holdings Limited to extend the use of a temporary parking lot, associated vVith a motor vehicle sales establishment, for ah additional three (3) year period ending January 22, 2013, be approved and that the By- law contained in Attachment 3 to Report PSD-060-10 be forwarded to Council for approval; and 3. THAT Durham Regional Planning Department, Municipality Property Assessment Corporation (MPAC) and all interested parties listed in Report PSD-060-10, and any delegations be advised of Council's decision. Submitted by: ~ Reviewed by: ~ ~~ ~-`^""'~--~ ~V fl, a Langm , FCSLA, MCIP Franklin Wu, Ac ing Direct ,Planning Services Chief Administrative Officer PW/COS/df 10 May 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-060-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Cowan Pontiac Buick GMC Ltd. 1.2 Owner: Gerr Holdings Limited 1.3 Proposal: To extend the temporary rezoning of the subject lands for use of a temporary parking lot in association with a motor vehicle sales establishment for an additional three year period 1.4 Area: 0.17 ha (0.42 ac) 1.5 Location: Part Lot 11, Concession 1, in the former Town of Bowmanville 18 Brown Street, Bowmanville 2.0 BACKGROUND 2.1 On November 7, 2006, Cowan Pontiac Buick GMC Ltd., on behalf of Gerr Holdings Limited, submitted a rezoning application on the subject lands. The application proposed a temporary parking lot, for a maximum period of three years, to accommodate the overflow parking needs of the Cowan motor vehicle sales establishment while they undertook renovations to their building and site. 2.2 A Temporary Use By-law to permit the use of the subject lands as a parking lot was approved on March 19, 2007 as per Report PSD-030-07 (Attachment 2). The By-law took effect retroactively to January 22, 2007 (the date of the public meeting), and was valid for a maximum period of three years. This By-law expired on January 22, 2010. 2.3 On March 12, 2010, Cowan Pontiac Buick GMC Ltd., on behalf of Gerr Holdings Limited, submitted a rezoning application to extend the use of a temporary parking lot in association with a motor vehicle sales establishment on the subject lands. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property is generally flat and is vacant of buildings or structures. There are trees along the south side of the property and two mature trees near the northwest corner of the property. The existing use is as a temporary parking lot. 3.2 The site is located within an established neighbourhood which includes amedium- density residential building to the south, single detached dwellings to the north, a commercial/residential mixed-use building to the west and the Applicant's motor vehicle sales establishment to the east. REPORT NO.: PSD-060-10 PAGE 3 4.0 PROVINCIAL POLICY 4.1 The proposed development is not in conflict with the Provincial Policy Statement or the Growth Plan. Temporary use of this property is appropriate until the property can be intensified in keeping with the policy framework outlined in the Growth Plan. 5.0 OFFICIAL PLANS 5.1 Temporary use of the site is not in conflict with the policies of the Durham Region Official Plan or Clarington Official Plan as noted in PSD-030-07. 5.2 The long-term permanent use of sites located either along King Street or in the immediate area of King Street are intended for commercial, recreational or mixed-use. The policies of the Official Plan and Bowmanville East Town Centre Secondary Plan direct intensification to occur on this site. 5.3 The extension of the temporary parking lot use for an additional three (3) years will not inhibit the future development of this site in accordance with the policies of the Official Plan. The Official Plan states that temporary uses must not adversely affect local traffic or the natural environment. Temporary uses must have a limited impact on the site such that the use can be removed and the site may be restored to its original condition. Temporary uses are generally not permitted to extend beyond a period of ten (10) years. REPORT NO.: PSD-060-10 6.0 ZONING BY-LAW PAGE 4 6.1 Zoning By-law 84-63 zones the subject lands "General Commercial (C1)." The "C1" zone permits the operation of commercial parking lots but not specifically those used in conjunction with a motor vehicle sales establishment. The Applicant requires the approval of a Zoning By-law amendment in order to permit the proposed temporary parking lot. 7.0 PUBLIC NOTICE AND SUBMISSIONS 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site. A public meeting sign was installed on the property. No inquiries concerning the application were received from the public at the time of the writing of this report. 8.0 AGENCY COMMENTS 8.1 In addition to all relevant Municipal Departments, this application was circulated to the Durham Regional Planning Department and Central Lake Ontario Conservation Authority. No objections to the Applicant's proposal were received. 8.2 While the Clarington Engineering Services Department has no objection, in principle, to the Applicant's proposal they have noted that a 3.6 metre road widening along Brown Street is required to be dedicated to the Municipality if the temporary rezoning is extended for a further three (3) year period. This requirement will be addressed through a subsequent amendment to the current Site Plan agreement. 8.3 The Finance Department has confirmed that the taxes on this site are current. 9.0 STAFF COMMENTS 9.1 The Applicant has advised Staff that they (Cowan Pontiac Buick GMC Ltd.) made use of the subject lands as an employee parking lot for many years prior to their reconstruction project undertaken in 2006. At this time, the Applicant continues to require the use of the subject lands for employee parking due to the lack of sufficient off-street parking on their primary site or elsewhere in the area. The Owner (Gerr Holdings Ltd.) has stated that it is not their intent to seek the permanent establishment of a parking lot on this site. 9.2 In 2007, the recommendation contained in Report PSD-030-07 was that, upon the imminent expiry of the first temporary use by-law, it would be appropriate for the Applicant to submit an application to extend the temporary zoning for a further three (3) year period. The Applicant's responsible use and maintenance of the site over the past three years continue to support that recommendation. REPORT NO.: PSD-060-10 PAGE 5 9.3 The Applicant's proposal is to extend the temporary use on this site. Should Council deem it appropriate to approve this request, the date of approval should be retroactively dated to the expiry of the first temporary use by-law (January 22, 2010). 10.0 CONCLUSIONS 10.1 The proposed extension of the temporary parking lot use on the subject property will continue to serve the parking needs of an existing commercial business, for a period not to exceed three (3) years. As the temporary parking lot use will be in addition to all other uses currently permitted on the property, this proposal will not inhibit the future development of the subject lands from occurring at any time. 10.2 The application has been reviewed in consideration of the Clarington Official Plan, and Zoning By-law and comments received from circulated agencies. In consideration of the comments contained in this report and the previous Report PSD-030-07, Staff respectfully recommends that, subject to no significant concerns being raised at the Public Meeting, the rezoning application submitted on behalf of Gerr Holdings Limited to permit a parking lot, associated with a motor vehicle sales establishment, for a period not exceeding three (3) years ending January 22, 2013, be approved and that the By-law contained in Attachment 3 to Report PSD-060-10 be passed. Staff Contact: Paul Wirch Attachments: Attachment 1 -Key Map and Proposed Development Attachment 2 -PSD-030-07 Attachment 3 -Proposed Zoning By-law Amendment List of interested parties to be advised of Council's decision: Gerr Holdings Limited Cowan Pontiac Buick GMC Ltd. Durham Regional Planning Department Municipal Property Assessment Corporation (MPAC) Attachment 1 To Report PSD-060-10 d _~ a r C m A ~ n ~_ xixox~3wsux3xn N N ~ O O O C c 'OC d £ Q G J ~ C °O o ci01 O ~• ~ ~ c ~ 3` ~ '"~r ~~ ~~.Y ~` N Q m - m pJ c L ~ t~ ~ e L N O a sN2i ~~~~~ \ ~~ o~ g~ •~ \ ., ° ~, ~,` jd ~ ' i 1~ :~ 6~~~ ~~~ •, % ~ ,~ s~ s V ~ b,~\ ~ . 0, g t • ~ ~.~. yy O,t 1 s, ! ~QS C~ 4 ~ . ~,~ t // ~= P~ ti~ } ~ ~ ~v ~~ ~~ J.~ ~ ~ ~ ~ ~ y~~ ~ ~~ ~L ~ - ~} ~, d 4 << ~~'~ t ~ •Q b ~ P~ 'IA Attachment 2 To Report PSD-060-10 ___.__ CJiarington REPORT Leading the Way PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 5, 2007 G,~~ , ~-~~ - G 7 Report #: PSD-030-07 File #: ZBA 2006-0030 / By-law #: .~~7 ~ 06~- 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: THAT Report PSD-030-07 be received; 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: G Reviewed b . vi J. Cro , M.C.LP R. .P. nklin Wu, hector of Planning Services Chief Administrative Officer RH/COS/DJC/df 23 February 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 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 Brawn 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 6.0 OFFICIAL PLAN POLICIES PAGE 5 6.1 Durham Regional 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 Clarington 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 8.0 PUBLIC SUBMISSIONS PAGE 6 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. 10.0 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. 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V ~v}y ;~ ,fie Jy~ ~ ' s~ ~t . ~ . 4 ~ l ? 4 a ` ~ yam / •~ r ~ • ~ 1 V ~ ~ s ~ S ~ - Q ~p i' \ . r ; ~. ~ :~.. • s 6 rittacnrrten[ t 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: 8y adding a new Section 16.5.52 respecting lands zoned C1-52, as follows: ''16.5.52 GENERAL COMMERCIAL EXCEPTION (Ct•52) ZONE Notwithstanding Section 16.1 (b), those lands zoned C1-52 on Schedule "A" of this By-law may, in addition tc 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 (C1) Zone" to "General Commercial Exception (C1-52) Zone" as shown on the attached Schedule "A" hereto. On January 23, 201 Q, the zoning category will be changed back to the previous "General Commercial (C1) 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. Z >' ~ ~ hivcEn~r ~.p ~ ,wassEr o~ scHOo \ ~~Hc L ~~ FA ~~ W CHURCH ~ STREET ~h LL' Q. y~r VP N W R' ~ ~~ ~O~ y KING 0 ~ ~,,~ £ Ov~H ~ o Yp \~'1-~{~~~~~1~ DUB N STREET ~ sR~'~o~ S~E,_ s ~ Bowmanville CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- Attachment 3 To Report PSD-060-10 being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle 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 Municipality of Clarington for ZBA 2010-0006; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by deleting Section 16.5.52 and replacing it with the following: "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 uses, also be used for a temporary parking lot associated with a motor vehicle sales establishment. Pursuant to the requirements of Section 39 of the Planning Act, 1990, this use may be permitted for a period of three (3) years, ending January 22, 2013." 2. Schedule "3" to By-Law 84-63, as amended, is hereby further amended by changing the zone designation from "General Commercial (C1) Zone" to "General Commercial Exception (C1-52) Zone" as shown on the attached Schedule "A" hereto. 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 Section 34 of the Planning Act. BY-LAW read a first time this tlay of 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2010 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2010- , passed this day of , 2010 A.D. ~ ~.~ .~ QP~ ~`" ;/`w" \`~ ~ ~ ~ ~% ~ry. Yt \ ~ v~b" ~ .+~ " - 4 b~//QJ R y'y y" r~ ~~ ai A`. ~ ~~/ 6'~ ~ ~O VSO ~/ /~ ~ N ~~ J• a 'b4 Ya l i wCi- Zoning Change From "C1"To "C7-52" Jim Abernethy, Mayor Patti L Barrie, Municipal Clerk 4 g / / ~ ~ /~ pp \ ~/5,7q 1 O Y/ / WSJ f1 \ ~Y ~'~ ~/~ i/ °~~ </, pys ~' o ~~ I g ~ ///i ~.r i o`, ~ i o" ' sr % G+vac sraee, o ~~Ng ~ ~2~ ~~Frf ,J I ~ ~ qLi ~ O ~ ~ 9y~r i ~ ~j /~` NS~ 02~~~ ~ pN06 R(-i FA9T fj 1 l / ~ / p-~-~ BOWMANVILLE wPS"~~ ~ ~ a I _i ~~I h