HomeMy WebLinkAboutPD-121-96THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: DEV90065.GPA p
REPORT
Meeting: General Purpose and Administration Committee File # b _ J)cP °9D, ss
Date: Monday, September 9, 1996 Res. # 7 ll `t_-"__!6
Report #: PD- 121 -96 File #: DEV 90 -065
REZONING 0, • LIMITED
PART LOT 10, CONCESSION O- • OF •
101 LIBERTY STREET NORTH
FILE: DEV .0
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD- 121 -96 be received;
2. THAT application to amend Comprehensive Zoning By -law 84 -63, as amended,
of the former Town of Newcastle, submitted by Young Min Architect on behalf of
767042 Ontario Ltd, be approved and that the attached amendment to By -law 84-
63 be approved and that the "Holding (H)" symbol be removed by By -law upon
execution of a Site Plan Agreement;
3. THAT a copy of this Report and Council's decision be forwarded to the Region
of Durham Planning Department; and
4. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: 767042 Ontario Ltd.
1.2 Agent: Young Min Architect
1.3 Rezoning Application:
from Neighbourhood Commercial (C2) and Urban Residential Type
One (R1) to an appropriate zone to permit a 237 m2 (2551 sq. ft.)
addition to a convenience store with a second floor apartment unit.
ELIO
REPORT NO. PD- 121 -96 PAGE 2
1.4 Land Area: 1048 m2 (0.25 acres)
2.1 The subject property fronts on the east side of Liberty Street, south of Concession
Street and is Municipally known as 101 Liberty Street. The property is further
described as Part Lot 10, Concession 1, former Town of Bowmanville.
3.1 A rezoning and site plan application file was submitted in January 1990 to permit
a 120 m2 (1292 sq. ft.) expansion of an existing convenience commercial store
and allow the expansion of an apartment unit on the second floor. The property
is currently zoned "Neighbourhood Commercial (C2) on the north half and "Urban
Residential Type One (R1)" on the south half. The R1 zone does not permit a
commercial use and is the subject of the current zoning application.
4. EXISTING AND SURROUNDING USES
4.1 The subject property is defined by two properties, the most northerly contains the
existing commercial establishment, the southerly parcel contains a residential
dwelling.
4.2 Surrounding land uses are as follows:
South: Residential houses
East: vacant land and residential subdivision
North: Residential houses
West: Residential, including two walk -up apartments.
5. SUBMISSIONS AND PUBLIC MEETING
5.1 A submission was received from a neighbouring land owner to the south
expressing concern with the proposal. The concern related specifically to the
noise which would be generated and loss of privacy they would experience as a
result of the proposed development.
n.
REPORT NO. PD- 121 -96 PAGE 3
5.2 The Public Meeting was held in September 17, 1990. Two people spoke at the
meeting raising concerns with respect to the proposal. The first was speaking on
behalf of his mother who resides at 103 Liberty Street. He advised that when his
mother originally sold the subject property the purchase and sale agreement
contained a clause stating the rear portion of the property could not be used
without the approval of his mother. During a recent discussion with the
delegation, staff was advised that Mrs. Sleep, who had sold the property, has
since passed away and the clause in the agreement is now null and void.
5.3 The other person was speaking on behalf of the owner of the adjacent property
to the south. His comments reiterated concerns stated in the above - referenced
letter. Committee was advised that his client was concerned with noise from the
development and lack of privacy. However, he also stated that the proponent had
agreed to installing a privacy fence which would satisfy his clients concerns. The
site plan drawings does contain a fence at the south limits of the parking lot.
6. OFFICIAL PLAN POLICIES
6.1 Within the Durham Regional Official Plan the subject property is designated Living
Area. Although the predominant use within said designation is for housing
purposes, convenience stores which are compatible with their surroundings are
permitted.
6.2 Within the Council adopted Clarington Official Plan the subject property is
designated Neighbourhood Commercial. Areas designated as Neighbourhood
Commercial shall be developed to provide items or services of daily necessity for
area residents. The maximum gross leasable floor area shall not exceed 1000 m2
total and 300 m2 for an individual store. The application would appear to
conform.
REPORT NO. PD- 121 -96 PAGE 4
7. AGENCY COMMENTS
7.1 In accordance with departmental procedures, the application was circulated to
obtain comments from other departments and agencies. The following
department /agencies offered no objection to the application as filed: Clarington
Fire Department; Region of Durham Planning Department; and Clarington Hydro.
The Engineering Division of the Public Works Department required a number of
revisions to the site plan drawing aspect of the application as was circulated. The
Works Department are now satisfied with the submission subject to conditions to
be contained in the site plan agreement.
The Parks Division of the Public Works Department has no objection to the
application subject to cash -in -lieu of parkland being accepted for the proposed
development.
The Conservation Authority had no objection to the application. However, they
and advised that the Master Drainage Plan (MDP) for the area suggests water
from the site should be directed to the east. In consideration of the small size of
the parcel and the presence of existing residential properties to the east of the
subject lot, Authority Staff agreed to make an exception to the MDP and allow
flows from the site to be directed to Liberty Street.
The Region of Durham Works Department advised that full Regional services,
water and sanitary, are available to the site. In addition, they advised that
because of the location of the existing building, the requirement of providing a
3.05 metre widening, would be waived at this time.
8. STAFF COMMENTS
8.1 The applicant is proposing to expand an existing convenience commercial
552
REPORT NO. PD- 121 -96 PAGE 5
operation on to abutting lands to the south which are zoned "R1 ". The existing
operation is approximately 150 m2. The proposed addition is approximately 120
m2 of retail floor space with an expansion of the second floor apartment unit.
8.2 The existing convenience store is within a building located approximately 0. 15 m
(0.5 feet) from the Liberty Street street line and provides virtually no on -site
parking or loading area. The proposed addition would improve the situation by
providing 8 off - street parking spaces, as well as a loading space. The zoning by-
law only requires 4 spaces to be provided for the proposed commercial floor
area.
8.3 Both of the issues raised at the Public Meeting appear to be resolved. The site
plan details a wooden privacy fence to be located at the south limits of the
development which satisfies the one neighbour. The other issue dealing with the
clause in the purchase and sale agreement, due to timing, can no longer be
pursued and is not an issue.
8.4 The application conforms to both the Regional and Local Official Plan. None of
the circulated agencies and /or departments object to the proposed development,
and the expansion of the commercial floor space and provision of on -site parking
is improving a poor situation of on- street parking on Liberty Street. Furthermore
the addition is in scale with the existing commercial and as such is viewed as
being compatible with surrounding uses.
9. CONCLUSION
9.1 In consideration of the comments contained within said report, staff would have
no objection to the approval of the attached zoning by -law amendment to permit
the expansion of the convenience commercial with a second floor apartment
553
REPORT NO. PD- 121 -96 PAGE 6
Respectfully submitted,
�1
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
CP *FW *cc
Attach.
August 29, 1996
Attachment #1 - Key Map
Attachment #2 - Site Plan
Reviewed by,
Attachment #3 - Zoning By -law Amendment
Interested parties to be notified of Council and Committee's decision:
Barry Townsend
738 Chapman Boulevard
OTTAWA, Ontario K1 G 1T9
Young S., Min, Architect
6013 Yonge Street
Suite 308
NORTH YORK, Ontario M2M 3W2
767042 Ontario Ltd.
101 Liberty Street North
Bowmanville, Ontario L1 C 21_8
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ATTACHMENT NO, 3
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 96-
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 to permit the expansion of a convenience commercial with a second floor
apartment unit (DEV 90 -065).
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 17.5 SPECIAL EXCEPTION - NEIGHBOURHOOD COMMERCIAL (C2)
ZONE" is hereby amended by adding thereto, the following new Special Exception
17.5.6 as follows:
"17.5.6 NEIGHBOURHOOD COMMERCIAL EXCEPTION (C2 -6) ZONE
Notwithstanding the provisions of Section 17.3 those lands zoned (C2 -6) on the
schedules to this By -law shall be subject to the following zone regulations:
a) Front Yard (minimum)
b) Interior Yard (minimum)
c) Rear Yard (minimum)
riff
0,9 metres on one side, 10
metres on the other side,
1,8 metres
2. Schedule "3" to By -law 84 -63 as amended, is hereby further amended by
changing the zone designation from "Neighbourhood Commercial (C2)" and
"Urban Residential Type One (R1)" to "Neighbourhood Commercial Exception (C2-
6)" as illustrated 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 day of 1996,
BY -LAW read a second time this day of 1996.
BY -LAW read a third time and finally passed this day of 1996.
MAYOR
CLERK
557
This is Schedule "A" to By —law 96— ,
passed this day of , 1996 A.D.
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