HomeMy WebLinkAboutPSD-044-05
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REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Tuesday, March 29, 2005
Report #:
PSD-044-05
File #: ZBA 2004-043
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By-law #: d(y:)~S 0:""
Subject:
REZONING APPLICATION TO PERMIT COMMERCIAL USES WITH
REDUCED STANDARDS
APPLICANT: PETER SAINOVSKI
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-044-05 be received;
2. THAT the rezoning application submitted by Martin Topolie on behalf of Peter Sainovski
to permit the conversion of two existing vacant buildings totalling 173 sq.m. for retail
commercial uses and permit the construction of a new 184 sq.m. commercial building
with reduced loading space size and sight triangle standards be APPROVED;
3. THAT the attached By-law contained in Attachment 2 be passed and a copy forwarded
to the Regional Municipality of Durham;
4. THAT the Holding (H) symbol be removed by By-law at such time as the applicant has
satisfied the provisions of Section 23.4.3 of the Clarington Official Plan; and
5. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Reviewed by: Q,;lO~/ Q--: ~
Franklin Wu
Chief Administrative Officer
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16 March 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905}623-3379 F (905)623-0830
677
REPORT NO.: PSD-044-05
PAGE 2
1.0 APPLICATION DETAILS
1 .1 Applicant: Peter Sainovski
1.2 Agent: Martin Topolie
1.3 Rezoning: To rezone the subject lands from "General Commercial Exception
(C1-33) Zone" and "Urban Residential Type Two (R2) Zone" to
permit the conversion of two existing vacant buildings totalling 173
sq.m. for retail commercial uses and construction of a new 184
sq.m. commercial building with reduced loading space size and
sight triangle standards.
1.4 Site Area: 0.14 hectares
2.0 LOCATION
2.1 The property under consideration includes 119 and 123 King Avenue West,
located at the southeast corner of King Avenue West and Baldwin Street South in
Newcastle Village (See Attachment 1). The site area totals 0.14 hectares (0.5
acres). The property is located within Part Lot 28, Concession 1, in the former
Village of Newcastle.
3.0 BACKGROUND
3.1 On October 14, 2004, Staff received a rezoning application from Martin Topolie
on behalf of Peter Sainovski to permit the conversion of two existing buildings
totaling 173 sq.m. of commercial floor area and to allow the construction of a 165
sq.m. retail commercial building with a reduction in parking, loading, and setback
standards. The applicant proposed converting the building at 123 King Avenue
West for use as a bakery and to convert the building at 119 King Avenue West as
a pub/restaurant. The applicant also wishes to construct a new retail commercial
building on lands that are currently designated 'street-related commercial', but
zoned for residential use.
3.2 The two existing buildings at 119 and 123 King Avenue West are currently zoned
"General Commercial Exception (C1-33) Zone" with southern half of the property
being zoned "Urban Residential Type Two (R2) Zone". On August 30, 2004, the
applicant submitted a site plan application (SPA 2004-032) for approval to
convert the two existing buildings for commercial uses. After reviewing the
application, Staff concluded that the land area zoned for commercial use was
insufficient to provide adequate parking and loading spaces, driveway setbacks
to a residential zone, and landscaped area for the conversion of the two
buildings. Discussion regarding use of additional lands owned by the applicant
G7l:S
REPORT NO.: PSD-044-05
PAGE 3
led to comprehensive planning of the entire land holdings to permit the
development to proceed. The applicant retained a consultant to prepare a site
plan for the entire property.
3.3 A statutory Public Meeting was held on January 10, 2005 for the proposal.
Although most area residents favour the conversion of the existing buildings, the
following concerns were voiced on the proposal.
. Given the amount of vacant retail floors pace in Newcastle Village, it is
questionable whether additional retail commercial development is necessary
at this time.
. Additional development would cause traffic problems on Baldwin Street.
. Residents are concerned that a convenience store or undesirable commercial
use will be located in the proposed building.
. There is insufficient parking available for the development. This will result on
more parking on Baldwin Street, which will block the communal mailboxes.
. A larger setback between the proposed commercial building and existing
residences was necessary.
. Construction of the proposed building may result in damage to existing
hedges and landscaping.
. The garbage containers will be located outside and result in increased litter.
. The new commercial building will result in loss of privacy. The parking area
must be screened for privacy reasons and to prevent people from cutting
across the property.
These issues are addressed in Section 8.3 of this report.
4.0 SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The commercial portion of the property contains two existing buildings 119 and
123 King Avenue West. The entire site generally drains towards the south and
towards Baldwin Street.
4.2 Surrounding Uses:
East:
North:
West:
South:
Commercial uses
Commercial uses
Urban residential uses
Urban residential uses
5.0 OFFICIAL PLAN POLICIES
5.1 The Clarington Official Plan designates the entire block bounded by King
Avenue, Baldwin Street, Emily Street and Church Street, including the subject
lands, as "Street-Related Commercial Area" in the Newcastle Village Main
-G79
REPORT NO.: PSD-044-05
PAGE 4
Central Area Secondary Plan. Retail, personal service, office, residential,
recreational and cultural, as well as community facilities are permitted within this
designation. The proposed amendment is in conformity with the Clarington
Official Plan.
6.0 ZONING BY-LAW CONFORMITY
6.1 The northern half of the property, which contains the existing buildings, is zoned
"General Commercial Exception (C1-33) Zone". Although the zone permits
commercial uses, the amount of zoned area is insufficient to accommodate
proper parking and loading areas and meet other zoning by-law standards for
conversion of the existing structures to commercial uses. The southern half of the
property is zoned "Urban Residential Type Two (R2) Zone", which does not
permit the proposed commercial development. In order to consider the proposed
development, a rezoning application was submitted for consideration on the
entire land holdings.
7.0 AGENCY COMMENTS
7.1 The Clarington Emergency Services Department, Durham Region Planning
Department, and Veridian Connections have no objections to the proposed
development.
7.2 The Clarington Engineering Services Department and Clarington Building
Division have no objections provided that the following conditions are fulfilled
through site plan approval.
. All boulevard works on Baldwin Street that are undertaken by the applicant
prior to the Municipality's reconstruction of this street should be constructed to
a temporary standard.
. An underground storm sewer system for the parking area will be required.
Prior to the reconstruction and urbanization of Baldwin Street by the
Municipality, a temporary drainage scheme may be permitted. These details
will be finalized through site plan approval.
. A reduced sight triangle at the intersection of King Avenue West and Baldwin
Street with dimensions of 6.0 metres by 6.0 metres is acceptable for
dedication to the Municipality.
. The applicant will be required to make application for property access in
conjunction with this proposal.
. The proposed building shall be designed with a barrier-free entrance.
. An appropriate cash-in-lieu of parkland payment will be required.
7.3 The Durham Region Public Works Department has no objections to the proposal
provided that the following conditions are fulfilled through site plan approval.
680
REPORT NO.: PSD-044-05
PAGE 5
. Should larger services be required for the existing buildings, these must be
indicated on future site plan submissions.
. The proposed building must be connected to full municipal services from
Baldwin Street. The new building will be subject to Regional commercial
development charges as well as sewer and water frontage charges.
7.4 The Ganaraska Region Conservation Authority has no objections to the proposal.
Given the small size of the site, the applicant will not be required to submit a
storm water management study for approval.
8.0 COMMENTS
8.1 Staff have met with the applicant on a number of occasions to discuss the entire
development proposal. It was felt that in order to accommodate the conversions
and new construction, a site plan detailing the entire proposal was necessary.
Staff, in conjunction with the applicant's consultant, felt that placing the proposed
building at the southern extent of the property would buffer adjacent residents
from noise, on-site traffic, and operational issues. In addition, the applicant
designed the proposed new building to maintain the residential character of the
area.
8.2 Based on the concerns raised by area residents at the Public Meeting on
January 10, 2005, a meeting was organized with these residents to discuss their
concerns in detail. The initial meeting was held on January 24, 2005, which was
attended by area residents, the regional and local Councillors, Staff, the
applicant, and the consultant. The following issues were discussed at the
meeting.
. The residents believe the purpose of the Zoning By-law is to guide new
development. The proposal must comply with existing zoning regulations.
. The residents requested a larger setback between the proposed commercial
building and existing residences is necessary. Although some residents
requested that the proposed building be moved immediately south of the
existing buildings, this could result in Fire Code issues. It was finally agreed
that the proposed building should be moved to the middle of the site.
. The residents believe that additional development would cause traffic
problems on Baldwin Street. Although the development will result in
additional traffic, the subject lands have been designated for retail commercial
uses since the Clarington Official Plan was approved. The proposal conforms
with the policy direction in the Clarington Official Plan.
. The applicant indicated that only retail and/or professional office uses will be
located in the proposed building.
. Although residents felt that there is insufficient parking available for the
development, the proposed parking exceeded the Zoning By-law
requirements.
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REPORT NO.: PSD-044-05
PAGE 6
. Garbage from the existing buildings will be stored within an enclosed garbage
structure. Garbage from the proposed building will be stored internally. The
applicant will be required to ensure that litter does not cause a problem for
residents.
. The neighbours to the southeast are concerned that their mature cedar hedge
will be impacted by construction and their privacy disrupted. They suggested
that a fence be constructed around the hedge.
. The parking area must be screened for privacy reasons. This will be
accomplished through landscaping along Baldwin Street. A privacy fence
along the eastern property line to prevent people from cutting through the
property to reach Baldwin Street was requested.
The applicant and consultant were requested to revise their proposal and
address these concerns.
8.3 On February 7,2005, a second meeting was held with the same group of people
to discuss the revised site plan. The residents' concerns have been addressed
in the following manner.
. The proposed building has been relocated to the middle of the property,
which addresses privacy concerns of adjacent residents. Although the size of
the proposed building has been increased from 165 sq.m. to 184 sq.m., the
building's residential style blends in with the surrounding residential character.
. Garbage will be stored within an enclosed garbage building for the existing
buildings. Garbage from the proposed building will either be stored internally
or within the garbage building.
. The parking lot has been split into two separate lots with separate access
points onto Baldwin Street. Traffic is no longer concentrated through one
entrance.
. Sufficient parking is provided based on the Zoning By-law requirements for a
shopping centre. This provision provides sufficient parking to permit all
general commercial uses.
. The landscaping plan will be finalized through site plan approval. Staff will
ensure that the property is appropriately fenced and landscaped to address
residents' concerns.
. It was agreed that the mature cedar hedge at the southeast corner of the
property would remain but would be trimmed sufficiently to accommodate a
privacy fence line along this section of common property boundary.
. Concerns were again raised about the intended use of the proposed building.
The applicant indicated that only retail and/or professional office uses will be
located in the proposed building and not a convenience store. The zoning by-
law amendment attached to this report limits the range of uses in the
proposed building.
. Concerns were raised about the lack of loading spaces. Since the
development consists of three small buildings, delivery vehicles are likely to
consist of cube vans or cars. Loading for all three buildings could be
accommodated by one loading space with a slight reduction in size. The
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REPORT NO.: PSD-044-05
PAGE 7
zoning by-law amendment attached to this report requires one loading space
with a reduced size of 4.0 metres by 7.5 metres rather than the standard size
of 4.0 metres by 9.0 metres.
· The applicant indicated that since the proposed building would not be
constructed for 2 to 5 years, the building footprint would remain sodded until
construction commences.
Although many residents would prefer a parking area to a new building, they all
agreed that the revised proposal as contained in this report addressed their
concerns. Staff support the revised proposal as it addresses the majority of
concerns, and is more in conformity with the Zoning By-law.
8.4 The Zoning By-law requires that the sight triangle be dedicated to the
Municipality at the intersection of two streets with the dimensions of 7.5 metres
by 7.5 metres. In recognition that the proposal is located within the established
portion of the Newcastle Village Main Central Area, the Clarington Engineering
Services Department has agreed to reduce the sight triangle requirement size to
6.0 metres by 6.0 metres.
9.0 CONCLUSIONS
9.1 The application has been reviewed in consideration of comments received from
the circulated agencies, the Clarington Official Plan, and Zoning By-law. In
consideration of the comments contained in this report, Staff respectfully
recommend that the rezoning application for this development proposal, as
contained in Attachment 1, be APPROVED and that the By-law contained in
Attachment 2 be passed by Council.
9.2 The proposed Zoning by-law contains the Holding (H) symbol, which will be
removed once the applicant has satisfied Staff that the provisions of Section
23.4.3 of the Clarington Official Plan are fulfilled.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed Zoning By-law
Interested parties to be notified of Council's decision
Peter Sainovski
Martin Topolie
Patricia Norton
Barry Jones
Kaye Quinney
Ruth Bonathan
683
ATTACHMENT 1
KING AVENUE WEST
ZBA 2004-043
Zoning By-law Amendment
SPA 2004-032
Site Plan Application
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Owner: Peter Sainovski
ATTACHMENT 2
THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON
BY-lAW NUMBER 2005- OjU
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 2004-043 to permit the conversion of two
existing vacant buildings totalling 173 sq.m. for retail commercial uses and construction
of a new 184 sq.m. commercial building with reduced loading space size and sight
triangle standards;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 16~5 "SPECIAL EXCEPTIONS - GENERAL COMMERCIAL (C1) ZONE" is
hereby amended by introducing a new Subsection 16.5.40 as follows:
"16~5.40 GENERAL COMMERCIAL EXCEPTION (C1-40) ZONE
Notwithstanding Sections 2, 3.12(a), 3.21, and 16.1 (b). those lands zoned C1-40 on
the Schedules to this By-law shall be subject to the following zone regulations:
a) Definitions
i) Drive-Through Facility
Shall mean the use of land. buildings or structures. or part thereof.
to provide or dispense products or services. either wholly or in part.
through an attendant or a window or an automated machine, to
customers remaining in motor vehicles located in a stacking lane.
A drive-through facility may be in combination with other uses such
as a bank or financial institution, dry cleaning establishment, dry
cleaning distribution centre. eating establishment, eating
establishment drive-in. eating establishment take-out. motor vehicle
fuel bar. motor vehicle service station. retail commercial
establishment, service shop. light, service shop, personal, shopping
centre, or supermarket. Despite the above, a drive-through facility
does not include a motor vehicle wash.
b) Regulations
i) Notwithstanding the provisions of 16.1(b), no person shall use any
land or erect or use any building or structure located in a C1-40
zone for a drive-through facility.
ii) Notwithstanding the provisions of 16.1(b). the use of buildings with
a front yard setback in excess of 25 metres shall only be used for
the following uses:
a) bakery shop;
b) bank or financial establishment. business. professional or
administration office;
c) day nursery;
d) medical or dental clinic; and.
e) retail commercial establishment.
. - 68;)
iii)
iv)
Loading Space Size (minimum)
Sight Triangle Size (minimum)
4.0 metres by 7.5 metres
6.0 metres by 6~0 metres"
2. Schedule "5" to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from:
"General Commercial Exception (C1-33) Zone" to "Holding - General Commercial
Exception ((H)C1-40) Zone"
"Urban Residential Type Two (R2) Zone" to "Holding - General Commercial
Exception ((H)C1-40) Zone"
as shown 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 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
686
This is Schedule "A" to By-law 2005-
passed this day of . 2005 A.D.
KING AVENUE WEST
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John Mutton, Mayor
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Zoning Change From
"C1-33" To "(H)C1-40"
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Zoning Change From
"R2" To "(H)C1-40"
Patti L. Borrie, Municipal Clerk
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