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
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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).
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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.
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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
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Zoning By-law Amendment
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Owner: Edmond Vanhaverbeke
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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.
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