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Home My WebLink AboutPSD-001-05 Clfll-!l1gton REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 10, 2005 Report #: PS D-OO 1-05 File #: ZBA 2004-043 h Pit -Q(lf~O:::) By-law #: Subject: REZONING APPLICATION TO PERMIT COMMERCIAL USES WITH REDUCED SETBACK, PARKING, AND LOADING STANDARDS APPLICANT: PETER SAINOVSKI RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-001-05 be received; 2. THAT the application submitted by Martin Topolie on behalf of Peter Sainovski be referred back to Staff for further processing and the preparation of a further report following the receipt of all outstanding agency comments; and, 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: RevieWedbYO~~ Franklin Wu Chief Administrative Officer VI . Crome, M.C.I.P.,R.P.P. Director, Planning Services RH*CP*DC*df 20 December 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET. BOWMANVILLE. ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830 iJul REPORT NO.: PSD-001.05 PAGE 2 1.0 APPLICATION DETAILS 1 .1 Applicant: Peter Sainovski 1.2 Agent: Martin Topolie 1.3 Rezoning: To rezone the subject lands from "General Commercial Exception (Cl-33) Zone" and "Urban Residential Type Two (R2) Zone" to permit the conversion of two existing vacant buildings totalling 173 sq.m. for retail commercial uses and construction of a new 165 sq.m. commercial building with reduced parking, loading, and setback standards. 1.4 Site Area: 0.14 hectares 2.0 LOCATION 2.1 The property under consideration includes 119 and 123 King Avenue West, located at the southeast corner of King Avenue West and Baldwin Street South in Newcastle Village (See Attachment 1). The site area totals 0.14 hectares (0.5 acres). The property is located within Part Lot 28, Concession 1, in the former Village of Newcastle. 3.0 BACKGROUND 3.1 On October 14, 2004, Staff received a rezoning application from Martin Topolie on behalf of Peter Sainovski to permit the conversion of two existing buildings totaling 173 sq.m. of commercial floor area and to allow the construction of a 165 sq.m. retail commercial building with a reduction in parking, loading, and setback standards. The applicant wishes to convert the building at 123 King Avenue West for use as a bakery and the convert the building at 119 King Avenue West as a pub/restaurant. The applicant also wishes to construct a new retail commercial building on lands that are currently designated 'street-related commercial', but zoned for residential use. 3.2 The two existing buildings at 119 and 123 King Avenue West are currently zoned "General Commercial Exception (Cl-33) Zone". On August 30, 2004, the applicant submitted a site plan application (SPA 2004-032) for approval to convert the two existing buildings for commercial uses. After reviewing the application, Staff concluded that the land area zoned for commercial use was insufficient to permit adequate parking, loading, driveway setbacks to a residential zone, and landscaping to accommodate the conversion of the two buildings. Discussion regarding use of additional lands owned by the applicant led to comprehensive planning of the entire land holdings to permit the .u ',)'::';' REPORT NO.: PSD-001-05 PAGE 3 development to proceed. After further discussions, the applicant retained a consultant to prepare a site plan for the entire property. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The commercial portion of the property contains two existing buildings 119 and 123 King Avenue West. The entire site generally drains towards the south and towards Baldwin Street. 4.2 Surrounding Uses: East: North: West: South: Commercial uses Commercial uses Urban residential uses Urban residential uses 5.0 OFFICIAL PLAN POLICIES 5.1 The Clarington Official Plan designates the entire block bounded by King Avenue, Baldwin Street, Emily Street and Church Street, including the subject lands, as "Street-Related Commercial Area" in the Newcastle Village Main Central Area Secondary Plan. Retail, personal service, office, residential, recreational and cultural, as well as community facilities are permitted within this designation. The proposed amendment is in conformity with the Clarington Official Plan. 6.0 ZONING BY-LAW CONFORMITY 6.1 The northern half of the property, which contains the existing buildings, is zoned "General Commercial Exception (Cl-33) Zone". Although the zone permits commercial uses, the amount of zoned area is insufficient to accommodate proper parking and loading areas and meet other zoning by-law standards. The southern half of the property is zoned "Urban Residential Type Two (R2) Zone", which does not permit the proposed commercial development. In order to consider the proposed development, a rezoning application was submitted for consideration on the entire land holdings. 7,0 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 property's road frontage. Two general inquiries have been received to date. L \) ~ REPORT NO.: PSD-001-05 PAGE 4 7.2 The public notice identified the subject property as being zoned "General Commercial (Cl)" and "Urban Residential Type Two (R2)". The Cl zone on the street-related commercial designation in Newcastle Village and Bowmanville was amended in June 2004 to prohibit drive-through uses. In doing so, this property was rezoned to Cl-33. Although the notice identified the property as "Cl", the intent of the proposed amendment was clear and. is not impacted by this error. 8.0 AGENCY COMMENTS 8.1 The Clarington Emergency Services Department and Veridian Connections have no objections to the proposed development. 8.2 The Clarington Engineering Services Department and Clarington Building Division have no objections provided that the following conditions are fulfilled through site plan approval. · All boulevard works on Baldwin Street that are undertaken by the applicant prior to the Municipality's reconstruction of this street should be constructed to a temporary standard. · An underground storm sewer system for the parking area will be required. Prior to the reconstruction and urbanization of Baldwin Street by the Municipality, a temporary drainage scheme may be permitted. · The applicant will be required to make application for property access in conjunction with this proposal. · The proposed building shall be designed with a barrier-free entrance. 8.3 Due to the limited commenting period, comments from the Durham Region Planning Department, Durham Region Public Works Department, and Ganaraska Region Conservation Authority have not been received to date. 9.0 COMMENTS 9.1 Staff have met with the applicant on a number of occasions to discuss the entire development proposal. It was felt that in order to accommodate the conversions and new construction, a site plan for the commercially zoned property could not be considered without examining the entire proposal in a comprehensive manner. This type of review will permit Staff to examine all issues, request the necessary information and documentation as required, and determine the appropriate standards that should be applied to the development. 9.2 In order to accommodate the proposal, the applicant is seeking to have the following zoning regulations examined through this application. vvl REPORT NO,: PSD-001-05 PAGE 5 · The parking spaces adjacent a landscaping strip are proposed to be reduced from 5.7 metres to 5.2 metres. The excess car length would overhang into the landscaping strip. · Since the retail uses are smaller in scale, deliveries will primarily be obtained through smaller delivery trucks. Both the number and size of loading spaces are proposed to be reduced. · The southern limit of the property forms the rear property line. The applicant is proposing to reduce the rear yard from 5.0 metres to 1.83 metres to accommodate the parking are between the two sets of buildings. · Reduce the exterior side yard, to recognize the setback of the existing building. · The "General Commercial (Cl) Zone" permits a front yard setback of 0 metres. Although the main entrance to the new proposed building is located in the exterior side yard, this yard effectively becomes the front yard for the building. By reducing the exterior side yard, the effective "front yard" of the new proposed building is reduced, making the building more street oriented. 9.3 The new building is proposed to be constructed closer to existing residences, thereby buffering the parking area from adjacent residential uses. In addition, the applicant has designed the new building to maintain the residential character of the area. 10.0 CONCLUSIONS 10.1 As the purpose of this report is to satisfy the requirements of the Public Meeting under the Planning Act, and taking into consideration all of the comments received, it is respectfully recommended that this report be referred back to Staff for further processing and the preparation of a subsequent report. Attachments: Attachment 1 - Key Map Interested parties to be notified of Council's decision Peter Sainovski Martin Topolie Patricia Norton Barry Jones u')J Newcastle Key Map Z en ::i ai KING AVENUb!dE WEST J:~KING AVENU~ EAST ~ ~ I . ~ ~ I- I W ~ w a:: EMILY ST, WEST ~ EMILY ST. E, ~ J: I- ~ ~ en LU ::l ..J > J: ..J 0( C,,) ~ ~ , ' I- '" J: lr o z ATTACHMENT 1 KING STREET ElIST.CS ~"'I 94.72 EX. s.ocw~U( i'l72"OS'20"E 20,12,"55.0' J: f- ::l o (j) f- W W a::: f- (j) Z ~ Cl ...J <( OJ " 8 ~ , . $ 0.4 .- CONCRcrE "O~ EO "!~ ~~ ~ , PEDESTAL "~ EMRo.I>ICE J N75"54 ZBA 2004-043 Zoning By-law Amendment Owner: Peter Sainovski Vvv