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HomeMy WebLinkAboutB2024-0040 Staff ReportClarington Summary of Comments Submitted B-2024-0040 222 King Street East, Bowmanville Planning and Infrastructure Services Committee of Adjustment City Departments / External Agencies Comment Clarington Development Review Division Comments as attached Clarington Building Division No concerns Clarington Development Engineering Division Comments as attached, see attachment 1 Clarington Emergency & Fire Services Department No concerns Region of Durham Planning and Economic Development Comments as attached, see attachment 2 Region of Durham Works Department Comments as attached, see attachment 3 Municipality of Clarington Committee of Adjustment B-2024-0040 Page 2 If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: January 23, 2025 File Numbers: B-2024-0040 Address: 240 King Street East, Bowmanville Report Subject: B-2024-0040; Seeking consent to facilitate a Lot Line Adjustment on a commercial lot. Recommendations: 1. That the Report for Consent file B-2024-0040 be received. 2. That all written comments and verbal submissions are considered in the deliberation of this application. 3. That application B-2024-0040 for consent be approved subject to the conditions herein. 4. That all interested parties listed in this report be forwarded a copy of the Committee's decision. Municipality of Clarington Committee of Adjustment B-2024-0040 Page 3 1.1 Owner: Hyangsook Chang & Keunkoo Lee 1.2 Applicant: David Pearce c/o Hyangsook Chang & Keunkoo Lee 1.3 Proposal: B-2024-0040; Seeking consent to facilitate a lot line adjustment that would result in 260 square meters of lot area being transferred from 240 King Street East to 222 King Street East. 1.4 Area of Existing Lot 1,115 square metres (0.111 ha) 1.5 Area of Severed: 260 square metres (0.026ha) 1.6 Area of Retained: 855 square metres (0.085 ha) 1.7 Zoning: `General Commercial Exception (C1-30) Zone' within Zoning By-law 84- 63. 1.8 Clarington Official Plan Designation: Urban Centre 1.9 Secondary Plan: Bowmanville East Urben Centre Secondary Plan 1.10 Secondary Plan Designation: Street- Related Commercial Area 1.11 Heritage Status: None 1.12 Water/Sanitary Supply: Regional Water and Sewer, Municipal Storm Sewer Municipality of Clarington Committee of Adjustment B-2024-0040 Land Division Application: B2024-0040 Nature of Application: Addition to a lot Municipality: Clarington Clarhigton Address: 222 King Street East Page 4 Galbraith Courf •toR�; i toe if fe lilt i l Pei l t z , rn King Street E ' y e � � > a y - Q go O O A. ■ LL Q c(D E Severed Parcel - Retained Parcel 0 12.5 25 50 75 100 Meters Figure 1 — Lands subject to consent application Municipality of Clarington Committee of Adjustment Page 5 B-2024-0040 2. Background 2.1 On September 18th, 2024, an application was received from IBW Surveyors, on behalf of Jim Wallace for consent to register an easement agreement for Part 1 as shown below in the draft reference plan to include easement rights for access, development and servicing across 240 and 246 King Street E, which was approved by the Committee of Adjustment on October 24th, 2025. YirJ 26629 - 9001 � SYIfi,CL! l0 FASFMENT A5 IN 1NST ➢R455n50 �,,� di FwrF QzsFs PART 3 , PLAN 4QR-2 -a rtmcF LN urx Nl2'15'S6� CNAlN IIWf FfNCC 53N j80WTOWN COURTI ' ) � � N72'49'20'E a IH(az?) 12.20 Ia(1109) I� � I roa wg8 R eu�k�ir.+c FART 1 F!AN aGP..3g5o7 '(. e,nn G66W .-in 66 9 -- 0 -- 7p. n ? o d a �a A� ];• tJ 111 Z 'Q 4 (yam z o �L NIRES 19, SN '�_ PART i (CLOSEC 6'Y BY-L4W IN {�\£ FFTICE� M5T, OR27Sf225J "APT :? ES 6.1E d0.5 ES J1r µlltES ),g 0.1E II $ 5038 11AH] yg(I414) i2.20 CP(lBWf , 5134 � '-WE (P3 k95ETf N72'49'20'E IB&88 (ra s rw) (KNOWS As) KING STREET EAST Y117r I , DC}]Qsi eD R ^.N N40-346 , na}"s'. P:N - CICO2 Figure 2 - Draft 40R reference plan showing proposed consent application lot fabric Municipality of Clarington Committee of Adjustment Page 6 B-2024-0040 2.2 In December 2024, municipal staff were informed that the initial intention to establish a registered easement had changed to the outright purchase of the land parcel. Since the agreement for the easement had not yet been registered, municipal staff recommended withdrawing the previously approved consent application (B2024-0032) and submitting a new application to facilitate a lot line adjustment. 2.3 With this consent application, the applicant is proposing to adjust the lot lines to sell a 260-square-meter portion of land (maintaining the same area as previously approved in B2024-0032) from 240 King Street East to 222 King Street East. The effect of this application will be to sell the owners of 222 King Street the portion of land so they can access additional parking behind 246 King Street. 2.4 The subject land is surrounded by the Bowmanville Professional Building parking area on the west and a commercial building to the east. 3. Land Characteristics and Surrounding Uses 3.1 The subject lands municipally known as 240 King Street East are comprised of Part 1 and Part 2 on the draft reference plan. The subject property is located on the north side of King Street East. The lands are legally described as Part lot 10 Concession 1, Part Block `3', Hanning's Plan, former town of Bowmanville. The subject lands form a rectangular shaped lot with an area of 1,115 square metres, depth of 91.48 metres and frontage along King Street East of 12.20 metres. Surrounding land uses include: South: Durham Regional Highway 2 North: Vacant parcel East: Low -density commercial West: Medium -density commercial 4. Public Notice and Submissions 4.1 Pursuant to the requirements of the Planning Act, the appropriate signage notifying of the application was installed on the subject lands. In addition, a public notice was mailed to each landowner within 60 metres of the subject lands. 4.2 At the time of writing this report, Staff have received no inquiries or opposition from members of the public for this proposed consent application. Municipality of Clarington Committee of Adjustment Page 7 B-2024-0040 5. Provincial Policy Planning Act 5.1 Section 53(12) of the Planning Act requires that the criteria set out under Section 51(24) shall be given regard for matters such as: health, safety, convenience, accessibility for persons with disabilities and welfare of the present and future inhabitants of the municipality when considering an application for Consent. For the purposes of this review, it is the opinion of the Planning and Infrastructure Services Department that the proposed application is consistent with the criteria (a) — (m) of Section 51(24) under the act. Provincial Planning Statement, 2024 5.2 Section 1.1.3: Within settlement areas, land use patterns shall be based on densities and a mix of land uses which optimizes existing and planned infrastructure and efficiently uses land and resources. It is the opinion of the Planning and Infrastructure Services Department that the proposed application is consistent with the criteria within the PPS. 5.3 The application is consistent with the Planning Act, R.S.O. 1990, c. P.13, and Provincial Policy Statement (2024) 6. Official Plan 6.1 The subject property is designated Urban Centre within the Clarington Official Plan. The "Urban Centre" designation is intended to function as the focal point of communities. They shall provide an array of retail and personal service, office, residential, cultural, community, recreational and institutional uses. 6.2 The subject site is within the Bowmanville East Urban Centre — East Business District Secondary Plan and is designated Street -related Commercial area. Street -related Commercial Area are intended to provide an array of retail, service, office, residential, cultural, community, recreational and institutional uses. The proposed severance conforms to the Secondary Plan policies. 6.3 The proposed consent application is subject to policies within Section 23.7 - Severances of the Clarington Official Plan. Official Plan Policy 23.7 Addressed a) Scattered residential development Planning Staff is satisfied that this throughout the Municipality shall be application does not result in scattered prohibited residential development. Municipality of Clarington Committee of Adjustment B-2024-0040 Page 8 b) Ribbon development along arterial Planning Staff is satisfied that this roads shall be prohibited and direct application for consent does not result in access from arterial roads shall generally ribbon development. be restricted c) Severances shall meet the No objections from regional works requirements of the Region of Durham department with regard to access and and applicable provincial agencies, public servicing have been received. regarding the provision of sewage disposal and water services, and may include entering into an agreement with the Region of Durham d) Severances shall only be given when The retained lands have frontage along a land fronts on an open and maintained Municipally opened and maintained road. public road. Notwithstanding, a The severed parcel will be purchased landlocked parcel related to a land upon approved severance by 222 King assembly for future development in Street East. conformity to this Plan may be created e) The size of any parcel of land created Application is consistent in keeping with by severance should be appropriate for the character of the surrounding the use proposed in keeping with the neighbourhood and conforms to the character of the surrounding development policies within the Official neighbourhood and no parcel should be Plan. created which does not conform to the provisions of this Plan and the implementing Zoning By-law f) Severances shall not be granted for Clarington's Development Engineering land adjacent to a road from which department is satisfied that this access is to be obtained if a traffic hazard development does not create a traffic would be created because of limited sight hazard (see Attachment 1). lines on curves or grades g) Severances to be granted shall be This application to transfer the land parcel conditional upon the applicant meeting all is subject to the fulfillment of Municipal requirements of the Municipality, financial conditions — (See page 10 of this report) and otherwise, and may include an agreement being entered into with the Municipality Municipality of Clarington Committee of Adjustment B-2024-0040 Page 9 h) The Municipality is satisfied that a plan This application will result in transfer of of subdivision is not required. Generally, severed portion to the adjacent property. 3 lots are considered the maximum and Staff is satisfied that this consent number of new lots that may be created application would not require a plan of by severances from a parcel of land subdivision. i) Where a property has more than one Not applicable. The subject lands are not land use designation, a land severance under multiple land use designations. along the boundary of two different designations is permissible provided the severance does not contravene any applicable policies of this Plan j) In the Agricultural and Rural Not applicable. The subject lands are not designations, any severance applications Agricultural or Rural. for agricultural, farm -related uses, and farm -related industrial/commercial uses shall only be permitted in accordance with Sections 13.3.7, 13.3.8, 13.3.9, 13.3.11 and 13.3.12 k) The severance shall be in compliance Not applicable. with the provisions of any site plan, subdivision or any other development agreements registered against the title of the subject lands 6.4 For the purposes of this review, it is the opinion of the Planning and Infrastructure Services Department that the proposal conforms to the severance policies under Section 23.7 a) — k). 6.5 It is staff's opinion that the consent application conforms to the Clarington Official Plan. 7. Zoning By -Law 84-63 7.1 The subject lands are zoned as `General Commercial Exception (C1-30)' within Zoning By-law 84-63. Permitted uses in the (C1-30) zone include a range of commercial uses as indicated in the parent (Cl) zone. The proposed severance would result into a land locked parcel if approved and therefore the purchase of the severed parcel by 222 King Street E will be conditioned with this application. Municipality of Clarington Committee of Adjustment B-2024-0040 8. Recommendation Page 10 8.1 Should the Committee deem it appropriate to approve the application, staff would request that the approval be conditional upon the owner, applicant or agent fulfilling the following conditions: Requirements: Section 1: General The owner, applicant or agent must provide a draft Reference Plan with the application which will be reviewed by the Planning and Infrastructure Department and approved by the Municipality prior to registration. Registration of this Reference Plan is done by the owner, applicant, or agent's surveyor at the expense of the owner/applicant or agent and shall be completed prior to the registration of the consent agreement. 2. All taxes shall be paid in full to the Municipality of Clarington prior to the issuance of a clearance letter. 3. Once all other conditions have been satisfied, the applicant shall engage their solicitor to provide the Municipality with: a. The original executed transfer/deed a duplicate original and one (1) photocopy; b. One copy of the registered reference plan; c. An accompanying letter with a request that the severing transfer/deed be stamped. Section 2: Planning Requirements 4. Agent/Owner is required to submit a copy of the registered transfer deed. 5. To ensure that any new lot created through severance, whether retained or severed comply with all applicable provisions of Zoning By-law 84-63. Staff will review the registered reference plan once submitted to ensure compliance with all applicable zoning provisions 6. The applicant shall pay the Municipality an amount in lieu of conveying land for park or other public recreational purposes under Section 53 (12.1) and (13) of the Planning Act, R.S.O,c.P.13. This payment is equivalent to 2% of the value of the severed parcel. To determine the value of the land, the applicant shall retain a certified Land Appraiser to prepare a land appraisal. Municipality of Clarington Committee of Adjustment B-2024-0040 Advisory Notes Page 11 It is the owner, applicant/and or agent's responsibility to fulfill the conditions of consent approval within two (2) years from the date of the notice of decision pursuant to Section 53 of the Planning Act. We will issue no further notice or warning of the expiration of the two-year period. 2. If the conditions to consent approval are not fulfilled within two (2) years from the date of the notice of decision and the applicant is still interested in pursuing the proposal, a new consent application will be required. Prepared by: Shrija Vora Planner II, Planning and Infrastructure Services Municipality of Clarington Concurrence: This report has been reviewed by Sarah Parish, MCIP, RPP, Principal Planner Development Review, who concurs with the recommendations. Staff Contact: Shrija Vora, Planner, (905) 623-3379 x2436 or svora(o)_clarington.net. Interested Parties: The following interested parties will be notified of Committee's decision: David Pearce Clarbgton MEMO If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. To: Shrija Vora, Planner II From: Karen Richardson, Manager of Development Engineering Date: January 09, 2025 Subject: Land Division Application B-2024-0040 File: Applicant: David Pearce on behalf of Hyangsook Chang & Keunkoo Lee Address: 240 King Street East, Bowmanville Part Lot 10 Concession 1 Township of Darlington Consent to facilitate a lot line adjustment that would result in 260 square meters of lot area being transferred from 240 King Street East to 222 King Street East. Development Engineering has reviewed the above -noted application and has no objections to the proposal. If you have any questions regarding the above -noted comments, please contact Aj/ay]Kumar Alagarsamy, Planning and Infrastructure Services Department, Karen Richardson, P.Eng. Manager of Development Engineering, Planning and Infrastructure Services KR/AKA The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page 11 The Regional Municipality of Durham Community Growth and Economic Development Department 605 Rossland Rd. E. Level 4 PO Box 623 Whitby, ON L1 N 6A3 Canada 905-668-7711 1-800-372-1102 Email: plan ning@durham.ca durham.ca Brian Bridgeman, MCIP, RPP, PILE Commissioner of Community Growth and Economic Development January 15, 2025 Shrija Vora, Planner 2 Planning and Infrastructure Services Municipality of Clarington 40 Temperance Street Bowmanville ON L1 C 3A6 Re: Application for Consent B-2024-0040 Durham Ref.: LD 134/2024 Applicant: Hyangsook Chang and Keunkoo Lee Location: 222 King Street East Municipality: Municipality of Clarington (Bowmanville) Hearing Date: January 23, 2025 RECOMMENDATION: That application B-2024-0040 be approved with no conditions. 1. PURPOSE OF APPLICATION The purpose of the consent is to facilitate a lot line adjustment that would result in 260 m2 (Part 1) of lot area being transferred from 240 King Street East to 222 King Street East. The retained lands would be 855 m2 (Part 2). 2. CONFORMITY WITH THE REGIONAL OFFICIAL PLAN (ENVISION DURHAM), PROVINCIAL PLANNING STATEMENT (2024), AND PROVINCIAL PLAN REVIEW RESPONSIBILITIES Please be advised effective January 1, 2025, the Region is an Upper - tier municipality without planning responsibilities. As such, the comments pertaining to conformity and consistency with the Region of Durham Official Plan and provincial plans and policies and those comments relating to the Region's delegated provincial plan review responsibilities will fall under the purview of the area municipalities. 3. REGIONAL DEPARTMENT COMMENTS Regional Works Department The Regional Works Department has no objection or conditions to impose for this application. If you require this information in an accessible format, please contact Planning Reception or call 1-800- 372-1102 extension 2548. B-2024-0040 4. CONCLUSION The proposed application would permit Part 1 lands, as shown on the draft 40R-Plan to be merged with the neighbouring property identified as 222 King Street East located to the west of the site. We have no objection with the proposed application. Yours truly, Vannitha Chanthavong, MCIP, RPP Planner Attachment: 1. Regional Works comments January 7, 2025 cc: Grant Young, Regional Works Department -2- The Regional Municipality of Durham Works Department 605 Rossland Rd. E. PO Box 623 Whitby, ON L1 N 6A3 Canada 905-668-7711 1-800-372-1102 Fax: 905-668-2051 E-mail: works@durham.ca www.durham.ca January 7, 2025 Planning and Economic Development Regional Municipality of Durham 605 Rossland Road East, 4th Floor P.O. Box 623 Whitby, ON L1 N 6A3 Sent via Planit Attention: Lino Trombino Re: LD 134/2024 (B2024-0040) Chang Hyangsook Agent: David Pearce 240 King Street East Municipality of Clarington Please be advised that our department has no objection or conditions to be imposed upon the consent to add a 260 square metre commercial parcel of land (Part 1), in favour of the parcel to the west, retaining a 855 square metre commercial parcel of land (Part 2). In the event you have any questions, please contact the undersigned. Yours truly, Grant Young, C.E.T. Development Approvals Technician grant.young@durham.ca 905 668 7711 extension 2479 If this information is required in an accessible format, please contact 1-800-372-1102 ext. 3753.