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HomeMy WebLinkAboutPSD-046-12 C r., e REPORT PLANNING SERVICES DEPARTMENT PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 29, 2012 Resolution#: VA-60q-12 By-law#: Report#: PSD-046-12 File#: ZBA 2012-0014 Subject: AN APPLICATION BY SYLVIA VANHAVERBEKE TO REZONE LANDS IN THE NEWCASTLE VILLAGE CENTRE FROM RESIDENTIAL TO COMMERCIAL RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-046-12 be received; 2. THAT provided there are no significant issues raised at the Public Meeting, it is recommended that the application to amend the Zoning By-law, as submitted on behalf of Sylvia Vanhaverbeke, be approved, and that the draft Zoning By-law Amendment, as contained in Attachment 2 to Report PSD-046-12, be passed; 3. That the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-046-12 and Council's decision; and 4. THAT all interested parties listed in Report PSD-046-12 and any delegations be advised of Council's decision. Submitted by: Reviewed by:(L David Crome,�MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer PW/COS/av/df 23 October 2012 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: PSD-046-12 Page 2 1. APPLICATION DETAILS 1.1 Owner: Sylvia Vanhaverbeke 1.2 Proposal: To change the zoning on a recently severed parcel of land from residential (R2) to commercial (C1-33). 1.3 Area: 495 m2 1.4 Location: Northwest portion of 1036 Church Street, Newcastle 2. BACKGROUND 2.1 On July 16th, 2012, the Owner received conditional approval from the Durham Regional Land Division Committee for the creation of a new development lot. This lot consists of a vacant parking area, known as 91 King Avenue West, and the portion of land that is the subject of this application (see Figure 1 below). L r KING AVENUE'1JVEST .. L tom'' w 1 91 85 $ � a dft� { U-1 -- z 41 ° C m, 1006 f y 1 R 12 EMILY STREET Figure 1 Subject land REPORT NO.: PSD-046-12 PAGE 3 2.2 Following the approval from the Durham Regional Land Division Committee, the Owner submitted an application to amend the Zoning By-law on August 30th, 2012. The Owner is requesting that the zoning rights for the subject land match the commercial zoning rights of 91 King Avenue West—the parcel to which it will be merged. 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject land is a landlocked parcel located midway between King Avenue West and Emily Street. The site is currently vacant of all buildings, is sodded and contains several mature trees. J F. I 1. F A. f _ Figure 2 Vacant parcel at 91 King Avenue West (which the subject parcel will be merged with)viewed facing south 3.2 The surrounding uses are as follows: North - "No Frills" supermarket— Under construction South - Single detached residential East - Mixed-use (commercial with residential apartments) West - Mixed-use (commercial with residential apartments) REPORT NO.: PSD-046-12 PAGE 4 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement The purpose of the Provincial Policy Statement (PPS) is to promote efficient land use and development patterns in order to protect the environment, public health and safety and facilitate economic growth. Redevelopment of land, including the creation of new lots, is encouraged where it represents compact form, occurs within an existing settlement area, is connected to existing services and does not negatively impact the natural environment (air quality, ground water, flora and fauna). The subject land is located within the existing settlement area and possess connections to existing Municipal services thereby eliminating new infrastructure burdens from the Municipality. Municipal review of any future development on this new lot will ensure the preservation of public health and the natural environment. The PPS further directs that long-term economic prosperity should be supported by maintaining and enhancing the viability of downtowns. The proposed Zoning By-law Amendment will increase the development potential of this downtown site. This application conforms with the Provincial Policy Statement. 4.2 Provincial Growth Plan The policies of the Provincial Growth Plan promote the creation of compact, complete communities that are transit-supportive and pedestrian-friendly. Part of the intent of the Growth Plan is to manage growth in a manner that will optimize existing infrastructure and support a strong economy. The first priority of growth shall be to seek to intensify within existing built up areas. The subject property lies within the built-up area, as identified by the Provincial Growth Plan. The Applicant's proposed Zoning By-law Amendment will increase the development potential of the newly created lot. This application conforms with the policies of the Provincial Growth Plan. 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the subject property "Regional Centre". Regional Centres shall be developed as the main concentration of commercial, residential, cultural and government functions within urban areas. This proposal conforms with the Durham Regional Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates this property as "Street-Related Commercial Area" within the Newcastle Village Centre Secondary Plan (NVCSP). REPORT NO.: PSD-046-12 PAGE 5 One of the objectives of the NVCSP is to "preserve and enhance the unique character of the Village Centre as a heritage main street." Within the "Street-Related Commercial Area" designation this involves directing all new development to be orientated to the street. In order to maximize the amount of land available for parking and service areas at the rear of the property, the subject parcel of land must be rezoned to match the zoning of the balance of the property. The Secondary Plan policies direct the Municipality to accommodate redevelopment by such strategies as consolidating smaller land parcels and the creation of joint parking arrangements. The proposed Zoning By-law Amendment will support the broadest possible development of these lands in a manner consistent with the other King Avenue West properties. The "Street-Related Commercial Area" designation permits the following uses: • retail, personal service and office uses • residential dwellings generally above the ground floor • recreational and cultural uses including theatres and places of entertainment but not including video arcades and adult entertainment uses • community facilities The land uses currently permitted by the "General Commercial Exception (C1-33)" zone conform with the "Street-Related Commercial Area" designation. This application conforms with the policies of the Clarington Official Plan. 6. ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject parcel of land "Urban Residential Type 2 (R2)". The parcel that the subject land is to be merged with is zoned "General Commercial Exception (C1-33)". In an effort to maintain consistent development rights across the newly created property, the Owner has requested that the subject parcel be rezoned from "R2" to "Cl-33". 7. PUBLIC NOTICE AND SUBMISSIONS 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and two public meeting notice signs were installed on the property—one sign along each of the two nearest road frontages. The public notice was also posted on the Municipal website and in the Planning Services electronic newsletter. 7.2 At the writing of this report, Staff had received no inquiries regarding this application. REPORT NO.: PSD-046-12 PAGE 6 8. AGENCY COMMENTS 8.1 The Durham Regional Planning Department have provided no objections to the proposed change in land use. 9. DEPARTMENTAL COMMENTS 9.1 Emergency and Fire Services The Emergency and Fire Services Department has confirmed that they have no objection to the approval of this application. 9.2 Engineering Services The Engineering Services Department has confirmed that they have no objection to the approval of this application. 9.3 Finance Department The Finance Department has confirmed that the taxes on this property have been paid up-to-date. 10. DISCUSSION 10.1 The proposed Zoning By-law Amendment conforms with all applicable Provincial policy, the Durham Region Official Plan and the Clarington Official Plan. 10.2 The residual portion of the property at 1036 Church Street is also subject to a rezoning and site plan application to permit a commercial office use. 10.3 All of the properties surrounding the subject parcel of land are also designated "Street Related Commercial Area" within the Newcastle Village Centre Secondary Plan. Therefore, there is no general incompatibility with the subject parcel of land and the neighbouring properties. While no development proposal has yet been submitted for this site, it will be necessary that future development be designed to appropriately relate to the existing low-density and medium-density residential dwellings in the surrounding area. Noise mitigation and visibility screening will be addressed through future applications for Site Plan approval. 11. CONCURRENCE - Not applicable 12. CONCLUSION 12.1 In order to maximize the development potential of the newly created lot at 91 King Avenue West, in a manner that is consistent with the policies and objectives of the Newcastle Village Centre Secondary Plan (NVCSP), it is necessary that the subject parcel of land be rezoned to General Commercial Exception (C1-33)". REPORT NO.: PSD-046-12 PAGE 7 12.2 Provided there are no significant issues raised at the Public Meeting, and based on the comments in this report, it is recommended that the rezoning application submitted on behalf of Sylvia Vanhaverbeke be approved, and that the Zoning By-law Amendment, as contained in Attachment 2 to Report PSD-046-12, be passed. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: X Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Paul Wirch, Planner II Attachments: Attachment 1 - Key Map Attachment 2 - Zoning By-law Amendment List of interested parties to be advised of Council's decision: Sylvia Vanherbeke Edmond Vanhaverbeke Durham Regional Planning Department Municipal Property Assessment Corporation O X CD O � D Cn sll o � P rn CD � ro Property Location Map(Newcastle) ALI .EORCE ST xGEORGE ST KING AVENUE WEST w w WIL_MOTSTPEET w mrmrrrnn ' o Existing F: `' � $ 3 Storey 9 5 Subject � Building • �� E,Yisting Site x o r„ 2 Storey Building GAVEIJUEWEST KINGAV EWE T KINGAVENU 0 ---- pia a n ----- � i CENT — @ rx'stin9 W F- 2 LL AGddi(cn, EMILYSTWu"',�. QEh'11L�(STE G � x W LL Z G K Q N 'i .- LIJ W pL• x w m CAROLINE ST W �CAROLIN ST 1 C x 7 EDWARD ST W REET W� � � 101.108&115 KING AVE W w 81 KING AVE W 71 -85 KING AVE W UF77 Land Subject To Rezoning ZBA 2012-4014 Zoning By-law Amendment 1036 CHURCH ST 112 EMILY ST n, 1 jl 86 EMILY ST Owner: Edmond Vanhaverbeke O X CD O � D Cn sll o � P rn CD � ro Attachment 2 To Report PSD-046-12 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2012- 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 2012-0014; 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 changing the zone designation from "Urban Residential Type Two (R2) Zone" to "General Commercial Exception (C1-33) Zone" as illustrated on the attached Schedule"A" hereto. 2. Schedule"A"attached hereto shall form part of this By-law. 3. 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 passed in open session this 5th day of November, 2012. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2012- , passed this day of , 2012 A.D. KING AVENUE WEST 123 119 115 109 101 91 85 83 77 75 W ~ W W � W H � U) ~ Z = 41 U .•,1036�.���•:';';• i 122 112 86 i N EMILY STREET WEST I ®Zoning Change From R2 To C1-33 Zoning To Remain R2 i Adrian Foster,Mayor rr Patti L.Barrie,Municipal Clerk THOMAS AL G7 GEORGEST V� GEORGESTE GEORGES EQ�Q i 3 o j RAHAM 0 FLOODA.UE w C F u"1 WILMOTSTREET y ATLEY P-LLENGEM" KINGAVENUEWESTlu MNGAVENUEWEST KINGAVENUEWE KINGAVEE EAST KINGAVENUE EAST L LILLIAN CRESCENT ® HARMER DRIVE t5 EMILY ST MILY ST < FO STERCREEKDRIVE rc 3 w = N rc ? a BLOOM AV S FORD TAN � TW �AROLtNE ST o X75 0 QQ LAKING DRIVE O RAVEYS ¢ EDWv2D STREET GJ U CRESCE O ED ARD S� EDWARD STREET EAST pl o 0 Newcastle Village EDWARD STREET W A ZBA 2012-0014 SCHEDULE5