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Home My WebLink AboutPSD-099-04 . " ClfllmglOn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday, September 7,2004 Report #: PSD-099-04 File #: ZBA2004-029 (X-Ref: SPA 2004-019) tl:.es #~ 6Pft- Yt7-o'f By-law #: Subject: PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT A MIXED USE DEVELOPMENT APPLICANT: PREsTONVALE HEIGHTS LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-099-04 be received; 2. THAT the application submitted by Prestonvale Heights Limited 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 the interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Rovlewed by ~~ k nRlin Wu, 1r Chief Administrative Officer rL D v . Crome, M.C.I.P., R.P.P. Director of Planning Services TW/CP/DJC/df 27 August 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 618 " REPORT NO.: PsD-099-04 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Prestonvale Heights Limited 1.2 Agent: Sernas Associates, Walter Hugo 1.3 Rezoning: from "Agricultural (A)" Zone to an appropriate zone to permit The development of a commercial/residential mixed development with 1020 m2 of ground floor commercial space, and eight (8) residential units on the second floor. 1.4 Location: 15 Rosswell Drive, Block 187, Plan 40M-2148, located on the east side of Rosswell Drive, south of Bloor Street and north of Dewell Crescent. 1 .4 Site Area: 0.679 hectares 2.0 BACKGROUND 2.1 On June 7, 2004, Prestonvale Heights Limited submitted a rezoning and site plan application for 15 Rosswell Drive located on Block 187, Plan 40M-2148, in order to permit a two storey mixed use development with 1020 m2 of ground floor commercial space and eight residential units on the second floor. 3.0 SITE CHARACHERlsTICs AND SURROUNDING USES 3.1 The property is currently vacant and is within a new plan of subdivision. It is bounded by Rosswell Drive on the west, Bloor Street to the north, and Dewell Crescent to the south. 3.2 The surrounding land uses are as follows: North - South - East - West- Residential and Vacant Secondary School Site Residential Vacant Secondary School Site Residential 4.0 PUBLIC NOTICE AND SUBMISSION 4.1 Public notice was given by mail to each landowner within 120 metres of the subject property and a public meeting notice was installed on the property. 619 .: REPORT NO.: PsD-099-04 PAGE 3 4.2 As of the writing of this report, one inquiry was received to request future notification on this application. 5.0 OFFICIAL PLAN POLICIES 5.1 The Clarington Official Plan designates the subject lands "Neigbourhood Commercial". This designation permits street-related mixed use buildings. Commercial uses that provide items and services for the surrounding neighbourhoods are permitted and buildings may also include second storey residential uses. 5.2 The "Neigbourhood Commercial" designation limits the maximum gross leasable floor area to 1 ,000 square metres for retail and personal service uses. 5.3 This development is also subject to the following site development criteria and urban design principles that are identified in Section 10.8.3 of the Official Plan for Neighbourhood Commercial Areas. These policies require the development to provide for the following: · a maximum combined floor space index of 0.50 where there are second storey residential uses; · a maximum of 300 square metres of gross leasable floor area for any individual store; · the provision of direct pedestrian street access to some stores in each development; · land use compatibility between commercial and residential buildings shall be achieved through appropriate building siting, design and landscape treatment; . high quality landscape treatment shall be provided; · building form and siting shall minimize the impacts of noise, wind and shadows and shall enhance views of landmark buildings, parks and open space; . refuse collection areas will be intemal to buildings; · loading areas and refuse collection areas shall be unobtrusive and screened where necessary and shall generally be located at the side or rear of the building; · common vehicular access and internal circulation including service lanes connecting abutting properties should be provided where possible. Staff will be reviewing the proposed development in the context of these policies. 6.0 ZONING BY -LAW 6.1 The property is in an "Agricultural (A)" Zone which does not permit the proposed mixed use development. In order to permit the proposed development a rezoning application was submitted for consideration. 620 '- REPORT NO.: PsD-099-04 PAGE 4 7.0 AGENCY COMMENTS 7.1 Comments are outstanding from the following departments and agencies: . Hydro One Networks Inc. . Durham Regional Planning Department . Durham Regional Works Department . Central Lake Ontario Conservation Authority . Kawartha Pine Ridge District School Board · Peterborough Victoria Northumberland Clarington Catholic District School Board . Conseil Scola ire de District Catholique Centre-Sud . Conseil Scola ire de District Centre-Sud . Canada Post Corporation . Bell Canada 7.2 Clarington Emergency Services, Rogers Cable and Enbridge offered no concerns or objections to this proposal. 7.3 The Clarington Engineering Services Department have no objection to the proposal in principle, however, they have provided a number of comments which need to be addressed through either the rezoning process or the related site plan approval process. The following highlights some of the comments: · Actual development on the subject lands cannot occur until the adjacent urban road network has been constructed to a standard that is acceptable to the Director of Engineering and the Region of Durham Works Department. · All of the on-site storm sewer services must be compatible with the engineering design that is ultimately approved for the adjacent roadways. · The maximum depth of ponding in the parking areas must be identified. Storm sewer design sheets must be submitted in support of this application. · The applicant must enter into a development agreement with the Municipality which includes all requirements of the Engineering Services Department. regarding the engineering and construction of all intemal and external works and services related to this proposal. · That the applicant meet all the requirements of the Engineering Services Department, financial or otherwise. · That subject to the results and findings of all required reports, studies and supplementary information, additional comments may be applicable. 7.4 The Clarington Building Services Department provided no objection to the rezoning but provided the following comment for site plan approval. · A barrier-free path of travel will be required to the main entrances of the building from the barrier-free parking spaces. A curb ramp per 3.8.3.2(3) will be required from the driveway to the top of the sidewalk at 3 locations near the barrier-free 621 0, REPORT NO.: PsD-099-04 PAGE 5 parking spaces. Please show a detail sketch of this curb ramp conforming to 3.8.3.2(3). The elevation of the sidewalk at the main entrance to the building must be level with the floor elevation of the building. Please revise elevation of sidewalk. · This building must be located not less than 3 m and not more than 15 m from the fire access route as required in 3.2.5.5 of the Ontario Building Code. Please show the location and all dimensions of the access route (fire routes) on the site plan drawings. · The applicant must submit a copy of the cut and fill permit required from CLOCA to the Building Branch, prior to the building permit being issued. · The owner must pay development charges prior to the issuance of the building permit to the following agencies: Municipal, Regional and the two school boards. · The Building Branch will require two copies of the grading plan and site services drawings, stamped and approved by both the Manager of Engineering and Director of Planning. 8.0 STAFF COMMENTS 8.1 The application is for a mixed-use development on a triangular parcel of land bounded by three roads. It is a complex development site. The use is consistent with the land use designation and the draft approved plan of subdivision. 8.2 Staff are concerned that the proposed development does not meet all of the urban design principles contained in the Official Plan. Staff will be meeting with the applicant and their design team to discuss the proposal, the comments received to date and what modifications can be made to improve the design of this development. 9.0 CONCLUSIONS 9.1 The purpose of this report is to satisfy the requirements of the Public Meeting under the Planning Act. After hearing the comments received, it is respectfully recommended that this report be referred back to Staff for further procession and the preparation of a subsequent report. Attachments: Attachment 1 - Key Map 622 ~ ~ REPORT NO.: PsD-099-04 PAGE 6 List of interested parties to be advised of Council's decision: Edward Goldstein Prestonvale Heights Limited 7280 Darcel Avenue, Ste. 116 Mississauga, ON L4T 3T7 Walter Hugo sernas Associates 110 Scotia Court, Unit 41 Whitby, ON L 1 N 8Y7 Hugh Neil 2111 Prestonvale Road Courtice, ON L 1 E 2S2 623 ATTACHMENT 1 Lot 34 , Concession 2 ,~' i"- :il_~ ~ ,>.~ - .......;::'-.-,- ,.,0>- \>~ '\....., \-/-.. Iv / ,/, Ii I I ji ~'':':::--.._--. - '':::'~':. -~"'.' ,1 '~-:-'-::-:."~ .:.. .-.-::.:,~:-,- -', ',~ . - '-....::::..~ ~;- (1/" :!{.- i' " ,I " . I "-.,,-. ., , " ex. BLOOR STREET (DEWELL CRES,) '\ r:- J Courtice Key Map . ~ rCil"~-r ~)~I 'L BilJOR 51ttar l~' ; U~ . cY'''_/ / ,";-,-~ ~'"= :^"," ~ _ -.n!...... ZBA2004-o29 Zoning By-law Amendment Owner: Prestonvale Heights Ltd. ~~...... 624