Loading...
HomeMy WebLinkAboutPSD-038-05 , . CI~mgton REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday, March 29, 2005 ~ {J?l - /Lf5- D-::: By-law #:20u5 Iff? c/C)<.\:~ c,. ,..2.- Report #: PSD-038-05 File #: COPA 2004-006, ZBA 2004-052 Subject: PROPOSED OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT TO PERMIT A 120 SQUARE METRE OFFICE USE APPLICANT: TERRANCE TIMMINS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-038-05 be received; 2. THAT Official Plan Amendment and Rezoning applications submitted by Terrance Timmins be APPROVED; 3. THAT Amendment No. 41 to the Clarington Official Plan contained in Attachment 2 to this Report be adopted and that the necessary By-law be passed; 4. THAT the Zoning By-law amendment contained in Attachment 3 to this Report be passed; 5. THAT the Holding (H) symbol be lifted by By-law at such time as the applicant has satisfied the provisions of Section 23.4.3 of the Clarington Official Plan; 6. THAT the Region of Durham Planning Department be forwarded a copy of this Report and Council's decision; 7 . THAT all interested parties listed in this report and any delegation be advised of Council's decision. 607 REPORT NO.: PSO-03S-05 PAGE 2 Submitted by: HB*CP*DJC*df 16 March 2005 Reviewed by: () ~-S".~ Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 608 REPORT NO.: PSD.038.05 PAGE 3 1.0 1.1 APPLICATION DETAILS Owner: Terrance Timmins 1.2 Applicant: D.G. Biddle and Associates 1.3 Clarington Official Plan Amendment: In addition to other residential uses permitted, to allow the establishment of a 120 square metre office use at 5221 Main Street in Orono 1.4 Zoning By-law Amendment: To change the current zoning on the lands from "Service Station Commercial (C6)" to "Holding - Urban Residential Type One Exception (H) R1-60" to allow a business or administrative office use and/or a residential use, 1.5 Site Area: 610 square metres. 2.0 LOCATION 2.1 The subject property is located at the southeast corner of Main and Station Streets in Orono and has a municipal address of 5221 Main Street (Attachment 1). 3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES 3.1 The lands were previously used as a motor vehicle service station. The pumps and tanks associated with the gas station have been removed and the existing structure is currently vacant. The structure which is presently within the road allowance will be demolished. The site is small, just over 600 square metres in area. 3.2 Surroundinq Uses North - Existing Residential South - Existing Residential East - Existing Residential West - Valley lands associated with the Orono tributary 4.0 OFFICIAL PLAN POLICIES 4.1 Durham Reqion Official Plan Within the Durham Regional Official Plan the lands are designated as Living Area. Lands designated as Living Area shall be used predominantly for housing purposes. Limited office development may be permitted provided the functions and characteristics of the Central Area is not adversely affected. 609 REPORT NO.: PSD-038-05 PAGE 4 4.2 Clarinqton Official Plan Within the Clarington Official Plan the lands are designated Urban Residential. The use of land in the Urban Residential designation is predominantly for residential purposes. An office use is not permitted within the urban residential designation, hence an amendment to the official plan is required. 5.0 ZONING BY-LAW 5.1 Within Comprehensive Zoning By-law 84-63, as amended, the lands are zoned "Service Station Commercial (C6)". A Zoning By-law Amendment is required in order to permit an office use on these lands. 6. 0 PUBLIC NOTICE AND SUBMISSIONS 6.1 On February 7, 2005, a public meeting was held. Following the public meeting, staff became aware of a discrepancy in the time of the public meeting posted on the public notice sign. This second public meeting is required to ensure the statutory notice requirements of the Planning Act are satisfied. 6.2 Public Notice was given by mail to each landowner within 120 metres of the subject site. A Public Meeting sign was installed on the property facing Main Street. 6.3 Although no on spoke in opposition to the application at the February 7, 2005 public meeting, comments have been received from two separate neighbours. Concerns expressed include: . Site specific issues such as; impact of grading on adjacent properties, whether the site can support a septic system; impacts of the new structure on existing views from the neighbouring property and concern regarding the removal of existing vegetation. . Land use issues including establishment of commercial uses, doctors office, and whether the site should be a public parkette. . A potential for an increase in traffic, traffic accidents and on-street parking as a result of the proposed use and whether the site is large enough to support on-site parking. . Whether the previous use being a gas station has contaminated the site and whether construction will disturb contamination. . Whether there is any historical significance to this property. . Will the road widening required along Main Street impact existing Main Street residential properties. These issues are addressed in Section 8.4 of this Report. 610 REPORT NO.: PSD-038-05 PAGE 5 7.0 AGENCY COMMENTS 7.1 The following agencies offered no objections: . The Clarington Emergency Services Department . Engineering Services- Building Division . LACAC 7.2 The Clarington Engineering Services Department has no objection to the Official Plan and Zoning Amendment. However, they provided comments in anticipation of a future site plan application. The comments are summarized below: . A 1.5 metre road widening will be required along Station Street; . A grading and drainage plan detailing on-site storm sewer system and conveyance of overland flow from the site shall be submitted; . All costs associated with construction of the entrance shall be paid for by the applicant; . A $1000.00 road damage deposit shall be provided. . A cash contribution equal to 2% of the value of the property shall be provided in-lieu of parkland dedication. 7.3 The Ganaraska Region Conservation Authority has no objections to the application but advise that should an application for site plan approval be received, a stormwater management plan and a detailed sediment and erosion control plan will be required. 7.4 Durham Region Planning Department has no objection to these applications and advise that the application is exempt from Regional Approval. The Phase 1 Environmental Site Assessment and Geotechnical Investigation Report were reviewed and found to be satisfactory. Regardless, the Region is requesting that the applicant submit a Record of Site Condition due to the fact that the site was formerly a gas station. 7.5 Durham Region Works Department also have no objection to the applications and the use proposed. It is required that a road widening along Main Street and a site triangle at the intersection of Main and Station Streets be dedicated to the Region. In addition, the Region advised that if there are any changes or updates needed to the water supply connection for this site, this will be determined during review of a site plan application. 7.6 Durham Region Health Department has reviewed the applications and supporting documentation and have no objection to the new use proposed. However, it is requested that a test hole be dug at the Building Permit stage for sewage system to confirm the information provided. 8.0 STAFF COMMENT 8.1 The applicant wishes to establish a small (120 square metres) office administration building for his business, Race Mechanical Systems Inc. The office building will be used as an administration office and call centre and will support up to 4 employees. 611 REPORT NO.: PSD-038-05 PAGE 6 Race Mechanical Systems provides heating and air conditioning for commercial, industrial and institutional businesses. 8.2 The new building has been designed with a residential roof-line and will be landscaped to compliment the existing street scape. The design of the office is intended to be compatible with the adjacent residential uses. Parking is proposed in the rear of the property, behind the office building. The structure will be connected to municipal water and will have a private septic system. None of the agencies that commented had any concern with the principle of the proposed use although some agencies identified items that need to be addressed during site plan application. 8.3 The applicant has submitted a Phase 1 Environmental Site Assessment and Geotechnical Investigation Report. These reports identify that there are no underground storage tanks and there is no contamination. The reports concluded that no additional investigation is required. Although the Region agrees with the findings of the report, it has been requested that a Record of Site Condition be submitted prior to removal of the Holding Symbol. 8.4 In addressing the comments of area residents, the following is provided: Site Specific Issues . On-site grading is addressed through site plan approval which will address overland flow onto adjacent residential properties. . The Health Department is satisfied that a septic system can be adequately accommodated on the site for the proposed use. However, as a precaution, it is requested that a test hole be dug to verify the information submitted. If a septic system cannot be accommodated on the lands to support the proposed use, then the use will not be permitted to establish. . When the applicant first spoke with the neighbour to the south, the neighbour was told that the new structure would not block the view from their kitchen window. However, in order to address on-site parking, septic design and road widenings, the placement of the building has been changed and the neighbour's window now looks directly towards a wall. Staff will review the south elevation through site plan approval. . The applicant will be required to submit a landscaping plan. Measures will be taken to provide a vegetative screen, where possible, between this property and adjacent land owners. Land Use Issues . Residents were concerned about the potential conversion of this use to a commercial use or a doctor's office. The Official Plan Amendment and Zoning By-law contained in Attachments 2 and 3 to this report specify that in addition to a residential use, the site may only be used for an office use. Commercial uses, including medical and dental offices are specifically defined in the Clarington Zoning By-law and as such will not be permitted to establish if the Zoning By-law as proposed is adopted. . It was discussed during the Orono Community Improvement Plan process that the creation of a civic space in proximity to the Orono Town Hall would be 612 REPORT NO.: PSD-038-05 PAGE 7 beneficial. This site is quite some distance from the Orono Town Hall and currently, the Municipality has no plans to establish parkettes within Orono, hence the use of this site as a public parkette or civic space in not being considered. Traffic and Parkino . The horizontal and vertical sight distance at the intersection of Station Street and Main Street are adequate and visibility at this intersection is not constrained. Removal of the existing structure that is partially located within the road allowance will further improve sight distances at this intersection. . It is not anticipated that the amount of traffic generated by the proposed use will have any impact on existing volume of traffic within this area. Also, traffic volumes on Station Street are not high enough to raise concern with the proposed entrance onto Station Street. . The on-site parking for the proposed use satisfies the requirements of the Zoning By-law and additional parking is not required in accordance with the Municipality's Zoning By-law. The on-site parking provides enough area for turning, eliminating any need to back out directly onto Station Street. . On-street parking in Orono has been a concern in the past. Illegal parking can be dealt with through enforcement of the Municipality's parking by-laws. . Road widenings are typically acquired through development and redevelopment of a property in order to ensure future road objectives can be met. There are no plans to reconstruct Main Street at this time. Historical Uses of the Site . The application was circulated to the Municipality's Local Architectural Conservation Advisory Board (LACAC) for advice as to whether there is any local historical significance associated with this property or structures. LACAC advised that there is no historical significance associated with these lands and have no objection to the application. . A Phase 1 Environmental Site Assessment and Geotechnical Investigation Report has been conducted for this site and it has been found that there is no contamination associated with these lands. 8.5 The lands are located on the edge of the Orono Local Central Area. Generally, proposals for Local Central Area uses outside the limits of the Central Area are discouraged or consideration is given to expand the Local Central Area to include the proposed use. The south limit of the Orono Local Central Area is well defined by the limits of the hazard lands associated with a tributary of the Orono Creek. The small scale of this use and the proposed design will resemble a residential home within a residential area. Due to the distinct definition of the south limit of the Orono Local Central Area; the small scale and nature of the proposal; and the residential design of the building; it is determined that the proposed use can locate beyond the limits of the Local Central Area as it is compatible with the surrounding lands and will not negatively impact the adjacent residential area. 613 REPORT NO.: PSD.038-05 PAGE 8 8.6 The site was previously a service station and zoning currently exists on the lands permitting a service station. The service station use ceased, the site has been cleaned up and the building has been vacant for a number of years. This site is considered a "Brownfield Site" and current Provincial Policies encourage the clean up and reuse of these sites. The redevelopment of this site is not only in keeping with Provincial policies, it will result in the redevelopment of an existing, underutilized site within Orono. 8.7 Due to an irregularity with the content of the original Public Meeting Notice, staff determined a second public meeting for the application was warranted. This meeting qualifies as the statutory Public Meeting in accordance with the Planning Act. In that there has been no changes made to the application itself, that all issues have been addressed, including concerns raised by the neighbours, it is recommended that these applications be approved at this time. 9.0 CONCLUSIONS 9.1 In that this application is compatible with the adjacent residential neighbourhood, no commenting agency had any concern with the principle of the proposed land use, and the proposed use will result in the redevelopment of a Brownfield site the redevelopment of this site for a proposed 120 square metre office use is an example of good planning and is supported. 9.2 It is recommended that Official Plan Amendment No. 41 as contained in Attachment 2 to this report be approved by Council and that Council pass the necessary By-law to adopt Amendment No. 41. It is also recommended that the Zoning By-law Amendment contained in Attachment 3 to this report be approved that the Holding (H) symbol be removed when the applicant has entered into a site plan agreement with the Municipality of Clarington. Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Amendment to the Clarington Official Plan Attachment 3 - Proposed Zoning By-law Amendment List of Interested Parties to be advised of Council's decision T. Timmins D.G. Biddle and Associates Karen Miller Carman and Bertha White 614 ATTACHMENT 1 ~ f-' w~ w ~ 0:::: B f- ~ en ~ ~ ~ I ~ S1: . -17;01\; ~ SrI? 'f'('r ~ . .,. . ., ~.. ~ . ~I ~ I'l. l - ," ~ z .,"- i~ i~ ~ PROPOSEDASPH......T P.o.RI(IPlCl AREA C!W g CONCRETEaJR8S r-: WAlM'" OlTllAHCE z <( ~ ;-'",1, ...EX L Orono Key Map -J ZBA 2004-052 Zoning By-law Amendment COPA 2004-006 Clarington Official Plan Amendment Owner: Race Mechanical Systems Inc. II ) I ) 615 PURPOSE: BASIS: ACTUAL AMENDMENT: IMPLEMENTATION: INTREPRETATION: ATTACHMENT 2 AMENDMENT NO. 41 TO THE CLARINGTON OFFICIAL PLAN To allow an office use and/or a residential use in Part Lot 28, Concession 5, former Township of Clarke. 5221 Main Street Orono. An application to amend the Official Plan to permit an office use on lands designated "Urban Residential" and further described as Part Lot 28, Concession 5, former Township of Clarke, 5221 Main Street Orono was received. An amendment to the Clarington Official Plan is necessary to allow an office use on lands designated "Urban Residential" within the Orono Urban Area. The Clarington Official Plan is hereby amended by: i) adding a new subsection to Section 23 Exceptions as follows: "23.14.5 - Notwithstanding Section 9.3.4, in addition to a permitted residential use, an office not exceeding 120.0 square metres in gross floor area is permitted on those lands identified by assessment number 18-17-030-090-15200 located in Part of Lot 28, Concession 5, former Township of Clarke, 5221 Main Street Orono." The provisions set forth in the Clarington Official Plan, as amended regarding the implementation of the Plan, shall apply in regard to this amendment. The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the Plan, shall apply in regard to this amendment. 616 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY.LAW NUMBER 2005- '"1/ being a By-law to adopt Amendment No. 41 to the Clarington Official Plan WHEREAS Section 17 (22) of the Planning Act, R.S.O. 1990, as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to permit an office use at 5221 Main Street, Orono; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 41 to the Clarington Official Plan being the attached Explanatory Text is hereby adopted. 2. This By-law shall come into force and take effect on the date of the passing hereof. BY-LAW read a first time this day of 2005 BY.LAW read a second time this day of 2005 BY-LAW read a third time and finally passed this day of 2005 John Mutton, Mayor Patti L. Barrie, Municipal ClerK 617 ATTACHMENT 3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2005 - 5/ 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 in accordance with application ZBA 2004-052 to permit a business, professional or administrative office andlor a residential use on the subject lands; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 12.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE ONE (R1) ZONE" is hereby amended by adding a new Section 12.4.60 as follows: 12.4.60 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE ONE R1-60 ZONE" (1) Notwithstanding the provisions of SeCtions 3.13 (a), 12.1,12.2 (a), (b), (c), (d), and 12.3, those lands zoned "R1-60" on Schedules to this By-Law be used for a "business, professional or administrative office" andlor a "single detached dwelling" subject to the following zone regulations: a) b) Lot Area (minimum) Lot Frontage (minimum) 600 sq. metres 18.5 metres c) Yard Requirements (minimum) a. Front Yard b. Interior Side Yard c. Exterior Side Yard d. Rear Yard 1.25 metres 1.25 metres 2.5 metres 20 metres d) Loading Space Requirements a. 300 square metres of Gross Floor Area or less Nil e) No building or structure may be erected and no use may be established in the R1-60 zone unless the lot upon which it is situated is serviced by a municipal water system and a private sanitary waste disposal system which complies with the regulations of the Ministry of the Environment. 2. Schedule "13" to By-law 84-63 , as amended, is hereby further amended by changing the zone designation from: "Service Station Commercial (C6) Zone" to "Holding - Urban Residential Exception ((H) R1-60) Zone" as shown on the attached Schedule "A" hereto. 618 3. Schedule "A" attached hereto shall for 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 Sections 34 and 36 of the Planning Act R.S.O. 1990 BY.LAW read a first time this day of 2005 BY-LAW read a second time this day of 2005 BY-LAW read a third time and finally passed this day of 2005 John Mutton, Mayor Patti L. Barrie, Municipal Clerk 619 . This is Schedule "A" to By-law 2005- passed this day of .2005 A.D. , .......... f- W W Cl: tii z <C :< ""'-........ .......... ,s1: .......... .<J ltolv .......... ,s7'~ .......... 'l:~7' .......... ~ .......... 17/.701 Zoning Change From "C6" To "(H)R1-60" John Mutton, Mayor Patti l. Barrie, Municipal Clerk pqi~<::~SS 620 .1 I', " ,I I ( ! ,'\ / ''\~ ------------- 'I"~ ,..--l' -~--/ ;;/ Orono BCWE~, S REET I I