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HomeMy WebLinkAboutPSD-074-04 ~. . ~'!JlmglOn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 21, 2004 Report #: PSD-074-04 File #: ZBA 2004-023 fle.'f.", ~tJ. otJ".-&'" By-law #: Subject: REZONING APPLICATION TO PERMIT COMMERCIAL USES WITH REDUCED PARKING AND LOADING STANDARDS APPLICANT: VIVECA RUPA RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-074-04 be received; 2. THAT the application submitted by Viveca Rupa be referred back to Staff for further processing and the preparation of a further report following the receipt of all outstanding agency comments; and, 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: . Crome, M.C.I.P.,R.P.P. or, Planning Services Reviewed by: .~.lA~",- C .C~. {,-f"L Franklin Wu Chief Administrative Officer RH*CP*DC*df 14 June 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 622 , REPORT NO.: PSD-074-o4 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Viveca Rupa 1.2 Agent: Paul Lenardon 1.3 Rezoning: To amend the "General Commercial (C1) Zone" to permit retail commercial uses with reduced parking and loading standards. 1.4 Site Area: 0.1 hectares (0.25 acres) 2.0 LOCATION 2.1 The property under consideration is located at the northwest corner of King Avenue West and North Street (14 North Street) in Newcastle Village (See Attachment 1). The site area totals 0.1 hectares (0.25 acres). The property is located within Part Lot 29, Concession 2, in the former Village of Newcastle. 3.0 BACKGROUND 3.1 On May 18, 2004, Staff received rezoning and site plan applications from Paul Lenardon on behalf of Viveca Rupa to permit retail commercial uses within the existing building with a reduction in parking and loading standards. The applicant intends to operate a commercial business on the main floor of the building and retain the existing apartment on the second floor. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The property contains an existing 1,900 ff two storey building, equally distributed between floors. The main floor has been recently used for office uses while the second floor has been used as an apartment. The property drains towards Foster Creek. The existing grading and drainage will not be materially altered through redevelopment 4.2 Surrounding Uses: East: North: West: South: Commercial Urban residential Foster Creek and urban residential Commercial and urban residential 623 , REPORT NO.: PSD-074-04 PAGE 3 5.0 OFFICIAL PLAN POLICIES 5.1 The Clarington Official Plan designates the developable portion of the property as "Mixed Use Area" within the Newcastle Village Main Central Area Secondary Plan and the rear portion of the property as "Environmental Protection Area". This land use designation permits residential uses, retail, personal service and office uses, mixed use buildings with commercial and residential uses, community facilities, and home-based occupations. The development proposal conforms to the policies of the Clarington Official Plan. 6.0 ZONING BY-LAW CONFORMITY 6.1 The property is currently zoned "General Commercial (C1) Zone" and "Environmental Protection (EP)". Although the commercial zoning permits the proposed uses, the site does not contain sufficient zoned tableland to develop on-site parking and loading spaces required by the Zoning By-law. In order to consider the proposed development, a rezoning application was submitted for consideration. 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's road frontage. One general inquiry has been received to date. 7.2 A petition from seven (7) area households, as contained in Attachment 2, as well as an inquiry from an area resident were received by the Planning Services Department. The following concerns were raised. · Area residents have a perception that a reduction in parking standards will cause a problem with on-street parking. Patrons of this establishment will park on the street and/or sidewalks, making it difficult for children or elderly residents to cross North Street between parked cars. In addition, patrons may park too close to the North StreeUKing Avenue intersection, causing potential visibility problems. On-street parking should be prohibited on North Street. · Residents are concerned that the Municipality will take their rear yards associated with Foster Creek for trail purposes. These issues will be addressed in Section 9.3 of this report. 624 REPORT NO.: PSD-074-o4 PAGE 4 8.0 AGENCY COMMENTS 8.1 The Clarington Emergency Services Department has no objections to the proposed development. 8.2 The Clarington Engineering Services Department has raised some concern over the grading design on the subject property as well as the proposed municipal boulevard work. Further discussions with the applicant are necessary to resolve these issues. 8.3 Due to the limited commenting period, comments from the Durham Region Planning Department, Durham Region Public Works Department, and Ganaraska Region Conservation Authority have not been received to date. 9.0 COMMENTS 9.1 The building was originally constructed and used as a single detached residential dwelling. The use of the building was converted in the early 1990's to permit an office and has been used for both various office uses and residential uses since. The second floor is currently vacant. The applicant proposes to use the main floor to operate a retail commercial business and retain the second floor apartment unit. Based on current zoning provisions, the commercial business requires 3 parking spaces and 1 loading space while the apartment unit requires 2 parking spaces. Although the current zoning by-law permits general commercial uses on the property, between 80- 90% of the property is floodplain lands associated with Foster Creek, and as such is zoned Environmental Protection. The environmental protection zoning boundary technically cuts through the building. The amount of residual tableland is insufficient to permit the required on-site parking and loading spaces. Staff have been working in conjunction with the Ganaraska Region Conservation Authority and the applicant to ensure that a minimum of 2 parking spaces can be provided on the property, off the road allowance and outside of the environmentally protected lands. 9.2 The Clarington Official Plan contains policies that require an environmental impact study to be prepared for development applications adjacent to environmental features identified in the Plan. Although the majority of the property is designated and zoned environmental protection, an environmental impact study will not be required for the following reasons. · The applicant's proposal will not materially impact the function or environmental health of the floodplain or Foster Creek. The existing drainage pattern will not be altered by the proposal. 625 REPORT NO.: PSD-074-04 PAGE 5 . No additions will be added to the building that would encroach into the floodplain or cause a public safety' concern. Although the building encroaches into the floodplain, the building predates all zoning and environmental regulations and is therefore legal non-conforming. . Although the 2 parking spaces proposed on the property may extend slightly into the floodplain, they are being designed to have minimal impact on the floodplain and the grade is not being altered as it affects the floodplain. . The applicant is dedicating a portion of the property to the Municipality containing the creek and a suitable buffer area. After reviewing the issue with GRCA staff, the Municipality determined the applicant does not need to dedicate all of the environmentally protected lands to the Municipality. 9.3 This section addresses the concems raised by an area resident discussed in Section 7.2 of this report. . Area residents have a perception that a reduction in parking standards will cause a problem with on-street parking. Since both a commercial establishment and apartment use in the building requires 5 parking spaces, 3 required parking spaces are not being accommodated. This is not different from the uses that have been operating for the past 10 years and staff are not aware of any complaints lodged. . Area residents are concerned that patrons may park on the street and/or sidewalks, making it difficult for children or elderly residents to cross North Street between parked cars. With respect to people walking between parked cars, care must be taken when crossing the street. Cars are also currently parked along King Avenue and people cross this busy street without incident. · Concern was also raised over potential visibility problems if parking is permitted too close to the North Street/King Avenue intersection. Staff will review this with the Operations Department to determine and sign an appropriate "No Parking Zone" near this street intersection. · Clarington has long-term objectives of developing trail networks along valley systems within urban areas through the Municipality. In addition to purchasing lands, the Planning Services Department acquires valleylands through subdivision, site plan or consent approval processes to accommodate these objectives. Although the Municipality currently does not have any specific plans to extend the Foster Creek trail north of King Avenue, the long-term objective would see its northward extension and connection to the future neighbourhood park located in the Foster Creek Neighbourhood. A large part of the valley is required to be dedicated as a condition of draft approval of the subdivision to the north and west. 9.4 The applicant will be dedicating a portion of the valleyland associated with the Foster Creek to the Municipality through site plan approval. The amount and location of the land dedication was determined at a site meeting between the Planning Services Department and Ganaraska Region Conservation Authority 626 ! REPORT NO.: PSD-074-04 PAGE 6 Staff. The lands to be dedicated are roughly equivalent to the area shown on Attachment 1 and is being identified in a survey. 10.0 CONCLUSIONS 10.1 As the purpose of this report is to satisfy the requirements of the Public Meeting under the Planning Act, and taking into consideration all of the comments received, it is respectfully recommended that this report be referred back to Staff forfurther processing and the preparation ofa subsequent report. Attachments: Attachment 1 - Key Map Attachment 2 - Petition from Area Residents Interested parties to be notified of Council's decision Viveca Rupa 306 Henry Street Whitby, ON L 1 N 5C6 Paul Lenardon 22 Brock Street East Uxbridge, ON L9L 1 P1 Derek Hannan 24/26 North Street Newcastle, ON L 1 B 1 H7 627 , Lot 5 I ! 47.:l2m lN6!l"4MII"E i I i I '" .. :9 I . laoI_l<iTawn (_"'lObII~ Part 1 ~ P.-t6 PlanlOR-3101 lIll.35ln N7%"1D'11M;. KING AVENUE WEST Newcastle Key Map .. ATTACHMEHT 1 Lot 0 F ,/ 1-' wi UJ 0:::1 .~~ I I . 1-1 j 15 z =':..\ , ....... 12~_1 7.l1m,,~ - - ..~ -~-- J ZBA 2004-023 Zoning By-law Amendment SPA 2004-016 Site Plan Approval 14 North Street, Newcastle Owner: Viveca Rupa 628 ATTACHMEHT 2 June 1, 2004 ~"t[gCCIElI~ml ' f JUNI l ')00' '::.).1 t L 4. . /' t~U~ICIPALlTY OF CLARINGTP" PLANNING DEPARTMENT . , I -,,-J. ~~.._~, David Crome, MCIP, RPP, Director of Planning Services Municipality ofClarington, 40 Temperance St. Bowmanville, On LIC 3A6 Dear Sir Re by-law amendment Planning File # ZBA 2004-023 &SPA 2004-016 We the undersigned oppose the proposed development for the following reasons: There is no legal parking available on the east side of North St (even if it isn't posted) from King St. to the north. There is a hydrant next to a double driveway into the dentist's parking lot, then a community mailbox, which is posted "no parking". Next there is a double driveway to 37 North St including the Veterinary driveway plus two more driveways before Wilmot St. On the West side of North St there are 6 driveways between 14 North St and 58 North St which is the fourth house. The concrete curb is 22"wide between the traveled area of the street and the new 69" sidewalk. A vehicle cannot park on 22" and is not permitted to park on the sidewalk. Therefore, there should be no parking on the west side of North St. The intersection of North and King Streets is a dangerous one. There is a "No Parking Sign" on the north side of King St east of North St but it is rarely enforced. If there is a truck or camper parked in this area you cannot see to safely enter King St. Currently a situation exists, where frequently, cars are parked on the sidewalk on the west side of North St. creating a hazard to pedestrians. When the police are contacted, they tell us it is a by-law officer that needs to be contacted but there is no office open from Friday to Monday. If they park on the roadway it blocks traffic and creates a hazard for cars turning onto North St. Two parking spaces are not adequate for a commercial unit as at least one of those would be expected to be used by the employees thus not leaving enough for customers. " Respectfully: J1ii' , 11 I . (,M-1vx...L , ..' t(J i~4l U. !i;~~ j'!~ (f~-gj!~~;t 1'1< /J- /' /i[nul [iLLCC~~ J' I"~, . I (Iii vr b{~:> IVe,l;--/fL,'::.) '/ULu((.L'j,;!ie . '1<; r f')-'{ gt ~ 4~;j7~r~ b<J (//~ ..i~7Z~ ~~tq , -I , ::5 J -:~{;.)~~' -::cy , ~ 6 ;;24:0/fJ~.("]r ~J .~.,,) ~ ~ J:- '-J '::Z cY << '-