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Home My WebLink AboutPD-99-94Meeting: General Purpose and Administration Committee Date: Tuesday, September 6, 1994 PD -99 -94 - V REVISED Report #: File #: DE 89 -075 _ (REVISED) File Res. By-Law # 91#-13L Subject: REZONING APPLICATION - W. E. ROTH CONSTRUCTION LIMITED PART LOT 10, CONCESSION 1, FORMER TOWN OF BOWMANVILLE FILE: DEV 89 -075 (REVISED) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -99 -94 be received; 2. THAT the application to amend Comprehensive Zoning By -law 84- 63 of the former Town of Newcastle, submitted by W. E. Roth Construction Limited be APPROVED; 3. THAT the attached By -law be forwarded to Council for approval; and 4. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: W. E. Roth Construction Limited 1.2 Agent: D. G. Biddle & Associates Limited 1.3 Rezoning: From "Urban Residential Type One" to an appropriate zone in order to permit the development of a parking area. 1.4 Area: .09 hectare (.22 acre) 2. BACKGROUND 2.1 In June of 1989, the Planning and Development Department received an application to amend the Municipality's Official Plan and the Municipality's Zoning By -law in order to permit a parking area at 15 Church Street to be used in conjunction with lands zoned commercially at 196 King Street East. r ....2 JJ RECYCLED PAP E . RECYCLE THIS IS PRI14ED ON RECYCLED PAPER REPORT NO. PD -99 -94 PAGE 2 2.2 On February 9, 1991, Council recommended that Official Plan Amendment application 89 -069/N be approved and further recommended that the amending by -law be passed following ministerial approval of the amendment and the execution of a site plan agreement. The Minister of Municipal Affairs approved Amendment # 42 on April 3, 1992 and Staff were subsequently advised on December 22, 1993 that the lands had been purchased by W. E. Roth Construction Limited, who submitted revised site plan approval drawings. In view of the length of time which had passed since the original proposal and in light of the significant revision to the site plan, Staff requested a new zoning application. 2.3 The lands subject to the application are situated on a .09 hectare (.22 acre) parcel of land located at the south west corner of the intersection of Lambert and Church Streets but is more formally described as Part Lot 10, Concession 1, in the former Town of Bowmanville. 3. PUBLIC NOTICE AND SUBMISSIONS 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 A Public Meeting was held on February 21, 1994 at which time the applicant appeared before Committee to answer questions. No other area resident addressed Committee at the Public Meeting. 3.3 However, as a result of the public notification process, Staff have received numerous telephone inquiries and letters from abutting property owners concerned with issues such as garbage, fencing, landscaping and traffic. ....3 REPORT NO. PD -99 -94 PAGE 3 4. OFFICIAL PLAN CONFORMITY 4.1 Within the Official Plan of the former Town of Newcastle, Section 7.2.5.2 (i) (h) would permit the use of the subject lands for a parking area. Therefore the application would appear to conform with the provisions of the Official Plan for the former Town of Newcastle. 5. ZONING BY -LAW COMPLIANCE 5.1 Within Comprehensive Zoning By -law, as amended, of the former Town of Newcastle, the subject property is zoned "Urban Residential Type One (R1)" which would permit the development of the property with a single family dwelling or a semi- detached /link dwelling. As the applicant is proposing to develop the subject property with a parking area, the applicant has applied to appropriately amend the comprehensive zoning by -law. 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 Natural Resources has advised that Stormwater from the subject property drains to Soper Creek which has been identified as supporting a coldwater fisheries resource. Therefore, the Ministry is concerned that water quality could be effected if proper stormwater management techniques are not employed. Nevertheless, the Ministry has no objection to the proposal subject to several regulatory conditions. 6.3 The Central Lake Ontario Conservation Authority have advised that the grading information for the area provided by the applicant suggest that increases in flows onto Lambert Street ....4 REPORT NO. PD -99 -94 PAGE 4 could have the potential to affect private residential lands. Nevertheless, the Authority acknowledges that the construction of stormwater services and the provision of site grading would appear to be sufficient to prevent increased flows from leaving the site. Therefore, the Authority has no objection to the application. 6.4 The Northumberland and Clarington Board of Education has advised that they have no objection to the proposal but require as a condition of approval that a sidewalk be installed on the west side of Lambert Street. 6.5 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. 6.6 The Public Works Department has advised that they have no objections to the proposal. However, the Public Works Department did note that, through the Site Plan Approval process, the applicant will be required to: a) provide a 2.38 metre widening along Lambert Street; b) provide a 3.05 metre widening along King Street; C) provide a 5.0 metre x 5.0 metre sight triangle at the intersection of King and Lambert; and d) meet all other requirements of the Public Works Department, financial or otherwise. 6.7 The balance of the circulated agencies which have provided comments were the Fire Department and Clarington Hydro. Neither of these agencies provided objectionable comments with respect to the proposal. 7. STAFF COMMENTS 7.1 The application has been reviewed within the context of the Official Plan, the Municipal Zoning By -law and the ....5 J 4A V REPORT NO. PD -99 -94 PAGE 5 characteristics of the surrounding area. The use of the property as a parking area has already been established by Council through the approval of Amendment No. 42 to the Official Plan for the former Town of Newcastle. Therefore, the approval of the proposed amendment to the By -law would simply bring the zoning on the lands into compliance with Official Plan designations. 7.2 With respect to the numerous inquiries and submissions from area residents with respect to the development of the site, Staff are confident that the site plan approval process will afford the municipality an opportunity to reduce and minimize any negative impacts on abutting parcels. 8. CONCLUSION 8.1 In consideration of the comments contained within this report, Staff would have no objection to the approval of the attached zoning by -law amendment, as applied for. Respectfully submitted, tom, Franklin Wu, M.C.I.P. Director of Planning and Development WM *FW *cc Attachment # 1 - Key Map Attachment # 2 - Survey August 26, 1994 Reviewed by, tr1 W. H. Stockwell Chief Administrative Officer Interested persons to be notified of Council and Committee's decision: D. G. Biddle & Associates W. E. Roth Construction Limited 96 King Street East 1500 Highway No. 2 OSHAWA, Ontario L1H 1B6 Suite 203 Courtice, Ont. LlE 2T5 DN: ROTH.GPA THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 94- being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the former Town of Newcastle. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By -law 84 -63, as amended, of the former Town of Newcastle. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3" to By -law 84 -63, as amended, is hereby further amended by changing the zone category from: ` "Urban Residential Type One (111)" to "Urban Residential Type One Special Exception (R1-24)" as indicated on the attached Schedule "A hereto. 2. Schedule "A" attached hereto shall form part of this By -law. 3. THAT this By -law shall come into effect on the date of the passing thereof, subject to the provisions of Section 36 of the Planning Act. BY -LAW read a first time this day of 1994. BY -LAW read a second time this day of 1994. BY -LAW read a third time and finally passed this day of 1994. MAYOR CLERK JJ� CON( CHURCH STREET Z I- w W H m N o in W m Q J Y 10 ® ZONING CHANGE FROM II R 111 TO 11 R 1 -241 Mayor 0 5 10 20m 5 0 Clark 11 LOT I I LOT 10 LOT 9 11 BOWMANVILLE ,.i 01 z O V) W U z O U 0 50 100 200 300m 50m 0 D This is Schedule • 1 passed this—day • 1994 CON( CHURCH STREET Z I- w W H m N o in W m Q J Y 10 ® ZONING CHANGE FROM II R 111 TO 11 R 1 -241 Mayor 0 5 10 20m 5 0 Clark 11 LOT I I LOT 10 LOT 9 11 BOWMANVILLE ,.i 01 z O V) W U z O U 0 50 100 200 300m 50m 0 D OTHER LANDS OWNED CONCES$ / 0 50 *0 wo 300m is- 11� .• (Revised) ��/ N Z W Q F Q a a ❑ m CHURCH STREET - - —v a dyy_ )_0 N A > Z Q /� / \� I rwd.,ECr V /Ce. /�`�..'11�.� SrE LI PERTINENT SITE INFORMATION Ll nLol� c .ad v- e, 7d.oq KEY PLAN FaaKIJG d vaj-.- �M2,c..�G ri.FO.uQ.M I +" c az( --- �- .. I n W ( -- -- X1...16 �co.a bFt9 - -- -- 17 W PROPOSED SITE DEVELOPMENT PLAN 1: aso - Z--) I B LOTS 4 and 8, BLOCK I ACCORDING TO C G HANNINGS PLAN of PART OF LOT l0, CONCESSION I KING STREET HIGHWAY No. 2 MUNICIPALITY of CLARINGTON REGIONAL MUNICIPALITY OF DURHAM T.i.J. < �,..._ , 1 -•,y„ 9 - S/TE PLAN PROPOSED RETAIL COMMERCIAL S= abbott — .� dra b 8 design Ra zw W E ROTH KING B L—SERT STREETS. wr[ OEC - —71,70, / 70WN CF BO AI4NV/LLE. o POSED MMERCIAL j Z W z 1LDING' ; m S•M wa 74'1ni PROPOSED SITE DEVELOPMENT PLAN 1: aso - Z--) I B LOTS 4 and 8, BLOCK I ACCORDING TO C G HANNINGS PLAN of PART OF LOT l0, CONCESSION I KING STREET HIGHWAY No. 2 MUNICIPALITY of CLARINGTON REGIONAL MUNICIPALITY OF DURHAM T.i.J. < �,..._ , 1 -•,y„ 9 - S/TE PLAN PROPOSED RETAIL COMMERCIAL S= abbott — .� dra b 8 design Ra zw W E ROTH KING B L—SERT STREETS. wr[ OEC - —71,70, / 70WN CF BO AI4NV/LLE.