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Home My WebLink AboutPSD-037-05 Cl~lilJglOn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday, March 29, 2005 ~C]fH'ILfLl-C<; By-law #: Report #: PSD-037-05 File #: ZBA 2005-005 Subject: ZONING BY-LAW AMENDMENT TO PERMIT THE CONSTRUCTION OF A COMMERCIAL BUILDING APPLICANT: 16138338 Ontario Inc. (Dan Holkema) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report PSD-037-05 be received; 2. THAT the rezoning proposal for a pet grooming establishment and limited commercial uses be referred back to Staff for further processing and preparation of a subsequent report; and, 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. .- ReVieWedbY:CJ~~ ~ Franklin Wu, Chief Administrative Officer SA/CP/DJC/df 14 March 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE. ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 601 REPORT NO.: PSD-037-05 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: 16138338 Ontario Inc. (Dan Holkema) 1 .2 Owner: Willmore Limited 1.3 Rezoning: To rezone the subject lands from the "Holding - Light Industrial ((H)M1) Zone" to an appropriate zone to permit the construction of a two-storey, 385 m2 building containing a limited number of commercial uses, including pet grooming services, retail and business or professional office uses. 1.4 Site Area: 3440 m2 2.0 LOCATION 2.1 The subject lands are located at 42 Scugog Street, Bowmanville (Attachment 1). The property is contained within Part Lot 13, Concession 1, in the former Town of Bowmanville. 3.0 BACKGROUND 3.1 On February 11, 2005, Dan Holkema of 16138338 Ontario Inc., on behalf of Willmore Limited, submitted an application to the Municipality of Clarington to rezone the subject lot at 42 Scugog Street to permit the construction of a two-storey 385 m2 building containing limited commercial uses and allow a setback to Scugog Street of 0 metres, after road widening, and a setback to the north property line (railway) of 1.25 metres. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The subject property is vacant and has frontage and access to Scugog Street currently. 4.2 Surrounding Uses: North: South: East: West: St. Lawrence & Hudson Rail Low density residential (single detached dwelling) Low density residential (single detached dwelling) and the former railway yard site used for storage and Bowmanville Glass, but zoned for high density residential uses Bowmanville Creek Valley, Vanstone Mill property 5.0 OFFICIAL PLAN POLICIES 5.1 The lands are designated "Main Central Area" in the Durham Region Official Plan. The Main Central Area designation is very general and permits a variety of uses in the Main Central Area including "community, office, service and shopping, recreational and residential uses". 602 REPORT NO.: PSD-037-05 PAGE 3 5.2 The lands are designated Main Central Area and Environmental Protection Area in the Clarington Official Plan. The Bowmanville East Main Central Area Secondary Plan further designates the subject property Mixed Use Area and Environmental Protection Area. The Mixed Use Area designation permits low density residential, personal service and office uses, limited retail uses including gift shops and mixed use building. 6.0 ZONING BY-LAW 6.1 The subject lands are currently zoned "Holding - Light Industrial ((H)M1)" and "Environmental Protection (EP)". The applicant does not wish to develop this property for industrial uses, thus the need for the rezoning application. The applicant is not proposing to develop lands zoned "EP". 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. 7.2 Public Notice was also posted on the Municipal website, and on the information screens in the main lobby of the Municipal Administrative Centre, running from February 28, 2005 to March 30, 2005. 7.3 Two inquiries were received following the Clarington E-update and the sign being posted. Both inquiries were regarding the site plan aspects of the application, siting of the building, elevations, architectural style etc., not regarding the zoning change to commercial. 8.0 AGENCY COMMENTS 8.1 At the writing of this report, comments have been received from Engineering Services, Emergency Services, Central Lake Ontario Conservation and Veridian. 8.2 Both the Engineering and Building Divisions of Engineering Services have no objection to the rezoning application. Detailed comments were submitted regarding future site plan issues and have been conveyed to the applicant. 8.3 Emergency Services and Veridian have no objection to this application. 8.4 Central Lake Ontario Conservation has no objection to the rezoning application, but advise that more detailed comments will be given at the site plan review stage. 8.5 Comments are outstanding from Regional Works, Regional Planning, Canada Post Corporation, Durham Police Services, Rogers Cable and St. Lawrence & Hudson Rail. 603 REPORT NO.: PSD-037-05 PAGE 4 9.0 STAFF COMMENTS 9.1 The subject parcel has been vacant for a number of years and is used intermittently as a staging area by the railway for construction or maintenance projects. 9.2 The current zoning permits industrial uses, however the site is small (3445 m2) and constrained by the Environmental Protection zoning on the Bowmanville Creek valley lands (2245 m2) and the road widening required by the Municipality of Clarington adjacent to Scugog Street (127 m2). The remaining lands available for development are approximately 1073 m2 in area. Industrial development would also be subject to Ministry of Environment guidelines for separation between industrial facilities and sensitive uses. These guidelines recommend minimum separations from industrial uses to residential uses depending on the use. In combination the constraints make development of this site for industrial uses very difficult. 9.3 As mentioned above the site is small with approximately 1073 m2 (0.27 ac) available for development. As such, although it is possible to site a building, required parking and loading spaces must also be accommodated. Thus, the applicant has submitted an application with only limited commercial uses proposed; commercial uses that do not require extensive parking. Uses such as a medical or dental clinic. eating establishment, place of entertainment etc, are not being requested due to the greater number of parking spaces required. The type of uses requested require a parking ratio of one parking space for each 30 m2 of gross floor area, which it appears may be accommodated on the site. 9.4 As part of the development of this site, the owner has agreed to dedicate the Bowmanville valleylands, along with a 2 metre setback from the top of bank of the valleylands and will fence these lands with a 1.5 metre chain link fence. 9.5 Previously on this property a site plan application was submitted in 2003, to permit an auto glass facility. In discussions between the applicant, Planning Staff, the Committee of Adjustment and the Old Bowmanville Neighbourhood Association, a historically styled building was agreed upon and designed by the applicant's consultant. Although the current project before Staff is for a commercial building, the applicant has again submitted a building with a historical style to be in keeping with the area of the Old Bowmanville Neighbourhood. 9.6 A minor variance application was submitted in conjunction with a site plan application in 2003. The variance was granted to permit the construction of an auto glass establishment. by reducing the front yard setback to 0 metres and the interior side yard setback to 1.5 metres. The current rezoning application for a commercial use, if approved, will address the setbacks required by the applicant through this proposal. 10.0 RECOMMENDATION 10.1 I n consideration of comments not received at the writing of this report, and that the purpose of this meeting is to fulfill the Planning Act requirements for a Public Meeting, it is recommended that the application be referred back to staff for further processing. 604 REPORT NO.: PSD-037-05 PAGE 5 Attachments: Attachment 1 - Key Map Interested parties to be notified of Council and Committee's decision: Ellen Cowan 1638338 Ontario Inc. Willmore Limited 605 ATTACHMENT 1 ~~ ~v ~o't\ ~t;) t-'t\t;) ~ ~ ~c~ ~~~ '" ~~. I I I I I I I I- W W It: I- eI) I Cl 0 Cl ::J 0 eI) I wm""'" Iii 0> '" .5 :E ~~~ ~//UUUL/. Valley Lands to be Conveyed to the Municipality of Clarington 5 J = ZBA 2005-005 Zoning By-law Amendment Owner: Wilmore Limited Applicant: 16138338 Ontario Inc. 606