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Home My WebLink AboutPSD-071-05 CI!Jlmgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 6, 2005 ~If: G-vJJ-;JlfC)- tL By-law #:cX::6S- !I?- Report #: PSD-071-05 File #: ZBA 2005-005 Subject: ZONING BY-LAW AMENDMENT TO PERMIT THE CONSTRUCTION OF A COMMERCIAL BUILDING APPLICANT: 1638338 ONTARIO INC. (DAN HOLKEMA) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-071-05 be received; 2. THAT the rezoning application submitted by 1638338 Ontario Inc., be APPROVED; 3. THAT the amending By-law attached be forwarded to Council for approval; 4. THAT a copy of Report PSD-071-05 and the attached amending By-law be forwarded to the Durham Region Planning Department; and, 5. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: a . J. Crome, M.C.I.P., R.P.P. Director of Planning Services R.,;,w.' by' <<~ Franklin Wu, .;fr' Chief Administrative Officer SAlCP/DJC/df 27 May 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-071-05 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: 1638338 Ontario Inc. (Dan Holkema) 1.2 Owner: Willmore Limited 1.3 Rezoning: To rezone the subject lands from the "Holding - Light Industrial ((H)M1) Zone" to an appropriate zone to permit the construction of a two-storey, 385 m2 building containing a limited number of commercial uses, including pet grooming services, retail and business or professional office uses. 1.4 Site Area: 3440 m2 2.0 LOCATION 2.1 The subject lands are located at 42 Scugog Street, Bowmanville (Attachment 1). The property is contained within Part Lot 13, Concession 1, in the former Town of Bowmanville. 3.0 BACKGROUND 3.1 On February 11, 2005, Dan Holkema of 1638338 Ontario Inc., on behalf of Willmore Limited, submitted an application to the Municipality of Clarington to rezone the subject lot at 42 Scugog Street to permit the construction of a two-storey 385 m2 building containing limited commercial uses and allow a setback to Scugog Street of 3.0 metres and a setback to the north property line (railway) of 1.25 metres 3.2 A Public Meeting was held March 29, 2005. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The subject property is vacant and has frontage and access to Scugog Street. 4.2 Surrounding Uses: North: South: East: SI. Lawrence & Hudson Rail Low density residential (single detached dwelling) Low density residential (single detached dwelling) and the former railway yard site used for storage and Bowmanville Glass but zoned for high density residential uses Bowmanville Creek valley, Vanstone Mill property West: REPORT NO.: PSD-071.05 PAGE 3 5.0 OFFICIAL PLAN POLICIES 5.1 The lands are designated "Main Central Area" in the Durham Region Official Plan. The Main Central Area designation is very general and permits a variety of uses in the Main Central Area including "community, office, service and shopping, recreational and residential uses". 5.2 The Clarington Official Plan designates the lands "Main Central Area" and "Environmental Protection Area". The Bowmanville East Main Central Area Secondary Plan further designates the subject property Mixed Use Area and Environmental Protection Area. The Mixed Use Area designation permits low density residential, personal service and office uses, limited retail uses including gift shops and mixed use building. The applicant is not proposing to develop the lands designated Environmental Protection Area. 6.0 ZONING BY-LAW 6.1 The subject lands are currently zoned "Holding - Light Industrial ((H) M1)". The applicant does not wish to develop this property for industrial uses, thus the need for the rezoning application. 7.0 PROVINCIAL POLICY STATEMENT 7.1 The proposed Zoning By-law amendment is consistent with the Provincial Policy Statement issued March 1, 2005. 8.0 PUBLIC NOTICE AND SUBMISSION 8.1 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. 8.2 Public Notice was also posted on the Municipal website, and on the information screens in the main lobby of the Municipal Administrative Centre, running from February 28, 2005 to March 30, 2005. 8.3 Three inquiries were received following the Clarington E-update and the Public Notice sign being posted. These inquiries were regarding the site plan aspects of the application, siting of the building, elevations, architectural style etc., not regarding the zoning change to commercial. REPORT NO.: PSD-071-05 PAGE 4 9.0 AGENCY COMMENTS 9.1 Comments have been received from Engineering Services, Emergency Services, Central Lake Ontario Conservation, Veridian, Region of Durham and St. Lawrence & Hudson Rail. 9.2 Both the Engineering and Building Divisions of Engineering Services have no objection to the rezoning application. Detailed comments were submitted regarding future site plan issues and have been conveyed to the applicant. 9.3 Emergency Services and Veridian have no objection to this application. 9.4 Central Lake Ontario Conservation has no objection to the rezoning application, but advise that more detailed comments will be given at the site plan review stage. 9.5 The Region of Durham has no objection to the rezoning application. Regional Works has advised that municipal services are available from Scugog Street and Regional Planning finds that the proposed commercial use conforms with their Official Plan. 9.6 St. Lawrence & Hudson Rail has no objection to a commercial building locating on this property. More detailed comments will be given at the site plan review stage. 10.0 STAFF COMMENTS 10.1 The subject parcel has been vacant for a number of years and is used intermittently as a staging area by the railway for construction or maintenance projects. Currently the St. Lawrence and Hudson Railway are using the property as a storage area for the reconstruction work on the Prospect Street railway bridge. 10.2 The current zoning although not consistent with the Official Plan, permits industrial uses. However, the site is small (3445 m2) and constrained by the Environmental Protection Area designation related to the Bowmanville Creek valley lands (2245 m2) and the road widening required by the Municipality of Clarington adjacent to Scugog Street (127 m2). The remaining lands available for development are approximately 1073 m2 in area. Industrial development would also be subject to Ministry of Environment guidelines for separation between industrial facilities and sensitive uses. These guidelines recommend minimum separations from industrial uses to residential uses depending on the use. In combination the constraints make development of this site for industrial uses very difficult. 10.3 As mentioned above the site is small with approximately 1073 m2 (0.27 ac) available for development. As such, although it is possible to site a building, required parking and loading spaces must also be accommodated. Some uses typically permitted in a commercial zone have greater parking requirements which are difficult to accommodate on the developable portion of the lot. Thus, the applicant has submitted an application with only limited commercial uses proposed; commercial uses that do not require extensive parking. REPORT NO.: PSD-071-05 PAGE 5 The proposed zoning amendment attached to this report will limit the uses to the following: bakery, financial office, business, professional or administration office, dry cleaners distribution centre, laundry - coin operated, pet grooming, printing or publishing establishment, retail commercial establishment, light service shop, and a personal service shop. These types of uses require a parking ratio of one parking space for each 30 m of gross floor area, which may be accommodated on the site in compliance with the Zoning By-law requirements. 10.4 As part of the development of this site, the owner has agreed to dedicate the Bowmanville Creek valleylands, along with a 2 metre setback from the top of bank of the valleylands and will fence these lands with a 1.5 metre chain link fence. Typically the Municipality and the Conservation Authority request a 5 metre setback from top of bank, however, due the small area of the remaining lands, both the Municipality of Clarington and the Central Lake Ontario Conservation have agreed to a 2 metre setback for this property. The chain link fence will follow the 2 metre setback line. 10.5 The Owner has agreed to grant the Municipality of Clarington an easement across the property to access a 6 metre wide gate which will be installed in the chain link fencing described above, giving the Municipality access to the valleylands for maintenance or other required works. An application to the Regional Land Division Committee will be submitted and must be approved prior to finalization of the site plan agreement. 10.6 Previously on this property a site plan application was submitted in 2003, to permit an auto-giass establishment. In discussions between the applicant, Planning Staff, the Committee of Adjustment and the Old Bowmanville Neighbourhood Association, a historically styled building was agreed upon and designed by the applicant's consultant. Although the current project before Staff is for a commercial building, the applicant has again submitted a building with a historical style to be in keeping with the area of the Old Bowmanville Neighbourhood. 10.7 As the site plan design for this property is complete, Staff recommend the holding symbol not be placed on the property. The holding symbol is meant to ensure that the Municipality is satisfied that all the requirements of the Municipality of Clarington will be met. Comments have been received from all the requested agencies and the site plan drawings have incorporated all requests or requirements to Staff's satisfaction. The site plan agreement will ensure the Municipality receives the necessary monies and a building permit will not be available until after the site plan agreement is executed and the conditions complied with. 11.0 RECOMMENDATION 11.1 Based on the comments contained in this report, it is respectfully recommended that the rezoning application be APPROVED. REPORT NO.: PSD-071-05 PAGE 6 Attachments: Attachment 1 - Key Map Attachment 2 - By-law Amendment Interested parties to be notified of Council and Committee's decision: Ms. Ellen Cowan Mr. David Campbell Mr. David Reesor ~~ oYo ~~ ~Qtj) ~Q~ c~~ ~~~~ ~ ':;(,.. ~ TciP 01 Ban~ Lo8dinQ Space -\ Valley Lands to be Conveyed to the Municipality of Clarington ",,,, " " ,.,= "0; ;ij~ = ZBA 2005-005 Zoning By-law Amendment - ~~~ ~~ ~ I ~~ ~ ATTACHMENT 1 Report PSD-071-05 I- W w II:: t; C) o C) :J o en J Owner: Wilmore limited Applicant: 16138338 Ontario Inc. ATTACHMENT 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2005- Report PSD-071-0S 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 Corporation of the former Town of Newcastle to implement ZBA 2005-005; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 16.5 "SPECIAL EXCEPTION - GENERAL COMMERCIAL ZONE" is hereby amended by adding thereto the following new Special Exception 16.5.46 as follows: "16.5.46 GENERAL COMMERCIAL EXCEPTION (C1-46) ZONE" Notwithstanding Sections 16.1 and 16.3 b), those lands zoned "C1-46" on the attached Schedule to this By-law, shall only be used for the following purposes in accordance with the following zone regulations: a) Definitions i) Pet Grooming An establishment where domestic animals are groomed, but does not include retail sales of goods, overnight boarding of animals, outdoor animal facilities or veterinarian clinic. b) Residential Uses No residential dwellings units are permitted to be constructed or used. c) Non-Residential Uses i) bakery; ii) financial office, business, professional or administration office; iii) dry cleaners distribution centre; iv) laundry - coin operated; v) pet grooming; vi) printing or publishing establishment; vii) retail commercial establishment; viii) service shop, light; and ix) service shop, personal. d) Regulations i) Total Floor Area (maximum) ii) Accessory Building Floor Area (maximum) 360 m2 23.2 m2 2. Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Holding _ Light Industrial ((H)M1) Zone" to "General Commercial Exception (C1- 46) Zone" and "Holding-Light Industrial ((H) M1) Zone" to "Environmental Protection (EP) Zone" as illustrated on the attached Schedule "A" hereto. 3. Schedule "A' attached hereto shall form part of the By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of BY-LAW read a second time this day of BY-LAW read a third time and finally passed this day of 2005 2005 2005 John Mullon, Mayor Palli L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2005- passed this day of .2005 A.D. ~~ sO~ #" y'uQ p..~Q '/>c~ -.>-~ s'\. J Ii; w ~ Cl o Cl :::l lJ III ~ n';-~:rr1 .:.l-;,'C'."....,... Zoning Change From "(H)M1" To "C1-46" Zoning Change From "(H)M1" To "EP" John ML.t:on, Mayor Patti L. Barrie, Municipal eler,.;: J --yL 1 ~ ~ 1/1 ..--------,{. ~ I ! ,