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Home My WebLink AboutPD-132-94THE CORPORATION OF THE MUNICIPALITY OF CLARIINjGTO/N/ DN: OSWENDA.GPA n A1FM REPORT Meeting: General Purpose and Administration Committee Date: Monday, November 21, 1994 Report #: PD- 132 -94 File #: DEV 94 -046 File# fI 17.,.L1 Res. # Q_') By -Law # Subject: REZONING APPLICATION - OSWENDA INVESTMENTS LIMITED PART LOT 11, B. F. CONCESSION, FORMER TOWN OF BOWMANVILLE FILE: DEV 94 -046 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 132 -94 be received; 2. THAT the application to amend Comprehensive Zoning By -law 84- 63 of the former Town of Newcastle submitted by Oswenda Investments Limited be referred back to Staff for further processing; and 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Owner: Oswenda Investments Limited 1.2 Rezoning: From Special Purpose Commercial Exception (C5 -4) to an appropriate zone or zones in order to permit the development of an 886.78 square metre commercial plaza and a .15 metre reduction to the Municipality's standard parking stall width. 1.3 Area: The applicant's total holdings are 1.65 hectares, of which .34 hectares are subject to the zoning amendment application. �J 1 PAPER RECYCLE THIS IS MULED CN RECYCLED PAPER ....2 REPORT NO. PD- 132 -94 PAGE 2 2. BACKGROUND 2.1 In September of 1994, the Planning and Development Department received an application to amend Zoning By -law 84 -63 in order to permit the development of an 886.78 square metre retail commercial plaza and a .15 metre reduction to the Municipality's standard parking stall width. 2.2 The lands subject to the application are situated on a 1.65 hectare parcel of land although the amendment would only apply to a .34 hectare portion of the applicants holdings as shown on Attachment # 1. The lands are located at the south -west corner of the intersection of Baseline Road and Liberty Street but is more formally described as Part Lot 11, Broken Front Concession in the former Town of Bowmanville. 3. PUBLIC NOTICE 3.1 Pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. In addition the appropriate notice was mailed to each landowner within the prescribed distance. 3.2 As a result of the public notification process, the Planning and Development Department has not received any written submissions with respect to the proposal. However, Staff have received one (1) counter inquiry from an area resident who voiced concerns with respect to parking, garbage and the proposed access onto Liberty Street. 4. OFFICIAL PLAN CONFORMITY 4.1 Within the Durham Regional Official Plan the subject property is designated as a living Area within the Bowmanville Major Urban Area. Although Living Areas shall be used predominantly ....3 502 REPORT NO. PD- 132 -94 PAGE 3 for residential purposes, limited retail development is permitted in accordance with Section 10.3.1(b) of the Plan. Therefore, the application can be considered to be in conformance with the Durham Regional Official Plan. 4.2 Within the Official Plan of the former Town of Newcastle, the subject property is designated as Special Purpose Commercial which would permit the use of the lands for services such as automotive sales, drive -in restaurants, hotels, motels and other similar uses which require larger tracts of land. It would therefore appear that there is a conflict between the Regional Official Plan and the local Official Plan. Section 1.1.3 of the Official Plan for the former Town of Newcastle states that in the event of a conflict, the Regional Official Plan shall prevail to the extent of that conflict. In that regard, the application can be considered to be in conformance with the Official Plan for the former Town of Newcastle. 4.3 In addition, Staff note for the Committee's information that the recently released Draft Official Plan for Clarington would designate the subject property Highway Commercial with an overlying Neighbourhood Commercial symbol. The current designation in the Draft Official Plan would permit the applicant's proposal should the Draft Official Plan be approved by Council. 5. ZONING BY -LAW COMPLIANCE 5.1 Within Comprehensive Zoning By -law 84 -63, as amended, of the former Town of Newcastle, the subject property is zoned Special Purpose Commercial - Exception (C5 -4). The current zone category would not facilitate the applicant's desire to develop retail commercial floorspace and the applicant has therefore, applied to amend the By -law. In addition, the ....4 50a REPORT NO. PD- 132 -94 PAGE 4 applicant has requested a site specific reduction in the Municipality's standard parking stall width from 2.75 metres to 2.60 metres. 6. AGENCY COMMENTS 6.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following provides a brief synopsis of the comments received.. 6.2 The Ministry of Transportation has reviewed the application and advised that while they have no objection to the proposal, new buildings will need to be setback a minimum of 14 metres from Ministry property and that the applicant will be required to submit a grading and drainage plan for approval. 6.3 The Community Services Department has advised that they have no objection to the proposal subject to the applicant providing 2% cash -in -lieu of parkland dedication with the funds realized being credited to the Parks Reserve Account. However, Staff advise for the Committee and applicant's information that this condition will be imposed through the site plan approval process. 6.4 The only other agency which has provided comments is the Fire Department, who 'had no objection to the proposal. Comments remain outstanding from the Regional Planning Department, Regional Works Department, Municipal Public Works Department and the Central Lake Ontario Conservation Authority. 7. STAFF COMMENTS 7.1 As a result of a preliminary site plan review, Staff have identified, for the applicant's information, that the proposal ....5 REPORT NO. PD- 132 -94 PAGE 5 would not accommodate the minimum 12 metre fire access route. Nevertheless, the purpose of this report is to provide the status of the application for the public meeting. 7.2 In consideration of the outstanding comments, it would be in order to have the application referred back to Staff for further processing. Respectfully submitted, Franklin Wu, M.C.I.P. Director of Planning and Development WM *FW *cc Attachment # 1 - Key Map Attachment # 2 - Survey November 11, 1994 Reviewed by, W. H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Joyce Barretto Oswenda Investments Limited 51 Constellation Court Rexdale, Ont. M9S 1K4 505 John Shewchuk 234 King Street East Bowmanville, Ont. L1C 1P5 ATTACHMENT #1 HIGHWAY 4vi -- �F p I \\ i i 11 M3-1 JII z -�-z O t!) W U� z O U 12 �- z r— O0 o 2 LL 0 �z w 80 Y Of �C5 22 m RS Il 'n,,,EP 0 100 200 300m 50m 506 lu � - fAm - r Z -- - - -- -- '/�_ —_ - - - - - -y LIDERfY STREET G�__ 3 Mtr.[t / —___ Vim[ a.rar.. �+�y 1 .� ` ✓_m..A h.. �_ rtirr�ILLt -- -- - -_ - -. �. _ _.. {r t ?�� _� �. (+J/ ¢�'r _ �.""+.- �- .,�'.. •z__... ut, .- ------ - �� \�.nu_nEaal&i�._roo vc _ __-- -- � o!. � ti . 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