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HomeMy WebLinkAboutPSD-115-04 ..-,- ~ Cl~mgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 20, 2004 Report #: PSD-115-04 File #: ZBA 2004-023 /Jp(l- 37q~m SY-law#:c,2DD4"-c.:).../ r 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-115"04 be received; 2. THAT the rezoning application submitted by Viveca Rupa be APPROVED and that the proposed Zoning By-law contained in Attachment 3 to this Report be passed; 3. THAT the Region of Durham Planning Department be forwarded a copy of this Report and Council's decision; and, 4. THAT all interested parties listed in this report and any dele9ations be advised of Council's decision. Submitted by: RevieWedbY:()~~ ~, Franklin Wu Chief Administrative Officer Davi . Crom ,M.C.I.P.,R.P.P. Director, Plannin9 Services RH*CP*DC*df 14 September 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 642 . REPORT NO.: PSD-11S-Q4 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 and office 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 with the option of retaining the existing apartment on the second floor or converting this space to retail or office uses. 3.2 A statutory Public Meeting was held on June 21, 2004. An area resident spoke in opposition to the proposal. Although the resident is not opposed to the business, the objection is based on the following reasons. . The intersection at King Avenue West and North Street is dangerous. . No on-street parking should be allowed for two car lengths from the intersection. . Parked cars cause congestion for turning movements. . Since McDonalds has opened in Newcastle, large amounts of traffic use North Street to access Mill Street. The traffic travels at high speeds. One area resident called in support of the application, indicating that the business was a welcome addition to the western entrance of downtown Newcastle, praising the owner's efforts to clean up the property, and that they did not believe on-street parking would not be an issue. 6.i3 , REPORT NO.: PSD-115.04 PAGE 3 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 concems 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 andlor 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 Street/King Avenue intersection, causing potential visibility problems. On-street parking should be prohibited on North Street. . Residents are concemed that the Municipality will take their rear yards associated with Foster Creek for trail purposes. These issues are addressed in Section 8.4 of this report. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The property contains an existing 175 sq. m. 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 required parking was not previously provided. 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 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". The Mixed Use Area 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. 644 REPORT NO.: PSD-11S-Q4 PAGE 4 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 AGENCY COMMENTS 7.1 The Clarington Emergency Services and Durham Region Public Works Departments have no objections to the proposed development. 7.2 The Clarington Engineering Services Department has no objections to the rezoning application. Grading design on the subject property and the proposed municipal boulevard work will be finalized through site plan approval. 7.3 The Durham Region Planning Department has no objections to the proposal. The potential for on.site contamination should be addressed through the processing of the application. It is also recommended that a sufficient development setback be provided from the environmentally protected lands to the satisfaction of the Ganaraska Region Conservation Authority. These comments are addressed in Section 8.6 of this report. 7.4 The Ganaraska Region Conservation Authority has no objections to the proposal. The existing parking embankment area on the north side of the house has pushed fill material into the floodplain. This material will be removed through site plan approval. Given the small size of the site, no storm water management review is necessary. 8.0 COMMENTS 8.1 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 an office and has been used for both various office uses and residential uses since. The second floor is currently vacant. 8.2 The building totals approximately 175 sq. m. equally divided between the two floors. The applicant proposes to use the main floor to operate a retail commercial business and retain the second floor apartment unit or convert this area for retail commercial or office uses. Based on current zoning provisions, the commercial or office uses on both floors would require 6 parking spaces and 1 loading space while ground floor commercial or office uses and the second floor apartment unit would require 5 parking spaces and 1 loading space. Although 645 REPORT NO.: PSD-115-04 PAGE 5 the current zoning by-law permits general commercial uses on the property, the majority of the property is floodplain lands associated with Foster Creek, and as such is zoned Environmental Protection. The amount of residual tableland is insufficient to permit the required on-site parking and loading spaces. The current zoning permits a wide variety of general commercial uses, many of which are assembly uses that would require large amounts of parking. To locate an assembly hall, restaurant, place of worship, or a tavern in the building would not be possible due to the lack of available on-site parking. Staff have worked 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. The applicant has agreed to limit the types of uses to retail commercial, professional offices, and one apartment on the second floor. By limiting the range of uses to those that generate lower amounts of parking and loading, the amount of on-street parking generated by the building would be an equivalent of a maximum of 4 parking spaces. There is sufficient on-street parking both along King Avenue West and North Street. Given the small size f100rspace area and the type of proposed uses, there is not likely to be any loading problems. Staff support the application on this basis. 8.3 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 is a change of use of an existing building and will not materially impact the function or environmental health of the floodplain or Foster Creek. . 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. . The existing drainage pattern will not be altered by the proposal. Although the 2 parking spaces proposed on the property may extend slightly into the floodplain, they are being designed to have minimal impact 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. 8.4 This section addresses the concerns raised by area residents discussed in Section 3.2 of this report. 6.i6 REPORT NO.: PSD-11S-Q4 PAGE 6 . Area residents have a perception that a reduction in parking standards will cause a problem with on-street parking. Since retail and office uses on both floors requires 6 parking spaces, 4 required parking spaces are not being accommodated on the property. This is not different from the uses that have been operating from the property for the past 10 years and staff are not aware of any complaints with respect to on-street parking. . 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. . Concern was also raised over potential visibility problems if parking is permitted too close to the North Street/King Avenue intersection. Staff have reviewed this matter with the Operations Department, who have agreed to create a "No Parking Zone" along the entire property frontage to the street intersection. This should allay any visibility concerns. . 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. Part of the valley is required to be dedicated as a condition of draft approval of the subdivision to the north and west. . Newcastle will continue to grow and traffic levels will increase. Any issues relating to speeding should be forwarded to the Durham Region Police Department for enforcement. 8.5 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 Staff. The lands to be dedicated are roughly equivalent to the area shown on Attachment 1 and is being identified in a survey. 8.6 Comments provided by the Durham Region Planning Department have been addressed in the following manner. . In completing the site screening questionnaire for on-site contamination, the applicant has indicated that, to their knowledge, there has never been a use present on the property that is likely to generate any contamination. A Phase 1 report'was not required. · The Ganaraska Region Conservation Authority has no objections to this application. A portion of the land will be dedicated as valleyland free and 647 REPORT NO.: PSD-11S-Q4 PAGE 7 clear to the Municipality. Having reviewed the application, they support the proposed zoning amendment. 9.0 CONCLUSIONS 9.1 The application has been reviewed in consideration of comments received from the circulated agencies, the policies of the Clarington Official plan, the Zoning By- law regulations, and the public. In consideration of the comments contained in this report, Staff respectfully recommend that the proposed Zoning By-law amendment contained in Attachment 3 be passed by Council. Attachments: Attachment 1 - Key Map Attachment 2 - Petition from Area Residents Attachment 3 - Proposed By-law Amendment Interested parties to be notified of Council's decision Viveca Rupa 306 Henry Street Whitby, ON L 1 N 5C6 Stephan Craig 37 North Street Newcastle, ON L 1 B 1 H7 Paul Lenardon 22 Brock Street East Uxbridge, ON L9L 1 P1 Willi Schmahl 122 North Street Newcastle, ON L 1 B 1 H7 Derek and Tracey Hannan 24/26 North Street Newcastle, ON L 1 B 1 H7 Lynn Couch 88 North Street Newcastle, ON L 1 B 1 H7 Yvonne Gilkes 45 North Street Newcastle, ON L 1 B 1 H7 Judith Pellarin 251 North Street Newcastle, ON L 1 B 1 H9 Wylma Allin 58 North Street Newcastle, ON L 1 B 1 H7 Sheila Pethick 68 North Street Newcastle, ON L 1 B 1 H7 648 Lot 5 ~7.32rn 1t1lll"~7'3O"E .. 3 I > Land_...r..... <_.....H_l Part 1 . . 6O.35In N12"ll1'lll1"E Part6P1Bn1(1'l-3101 ATTACHMENT 1 ~ """"'" \ ~ ~r tlJl ~i ~, cn!_ , - Late "'- 12p,niog_1 7.&ru$.5ln 1/1, .I :/1 '1/1/ '11//, :/1111/ //~ ~~ '/1 '1/ 2._ i// - r cornmeraal.l / / / / building / /I/! /1///// J:' ~I ~ o KING AVENUE WEST - .... Newcastle Key Map . ~, !1IIDDlliill3" U;WAAD ST. 'II. i \.i49 J ZBA 2004-023 Zoning By-law Amendment SPA 2004-016 Site Plan Approval 14 North Street, Newcastle Owner: Viveca Rupa , ATTACHMENT 2 June 1, 2004 iPCC~IfW1EIDr I JUNI 4 2004 ~; MUNICIPALITY DF ClARINGTO~ ,: PLANNING DEPARTMENT I David Crome, MCIP, RPP, Director of Planning Services Municipality of Clarington, 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 ifit 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. Ifthere 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. ~~dt-~T, -5<'Lr7Ut &GC..ccL. / ' ~ 'b~9 /J{!I/--I-{~ ~r '/?-Ct.-<.: Ct.L'ac:li.e ' "c;"7- f "-Lf Ii" ~~ fJ,:J2.Z' . b g z1Jthi:/<- ..(0t~ ~~ao/ , , ::s l -;j~7Z<.-~ 2:r -;/cE/C:1 ~ . 2'-1 '.219 NCH..4 cd . ti J U 01 ...I ,~ "2 J; ~ ,S ':1 ~ << - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2004- being a By-Law to amend By-Law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 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 in accordance with application ZBA 2004-023 to penmit retail commercial and office uses with reduced parking and loading standards; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 16.5 "SPECIAL EXCEPTIONS - GENERAL COMMERCIAL (C1) ZONE' is hereby amended by introducing a new Subsection 16.5.37 as follows: "16.5.37 GENERAL COMMERCIAL EXCEPTION (C1-37) ZONE Notwithstanding Sections 3.13, 3.16, 3.21, and 16,1, those lands zoned C1-37 on the Schedules to the By-law shall be use in accordance with the following zone regulations. i) RESIDENTIAL USES a) one apartment unit accessory to a penmitted non-residential use b) one single detached residential dwelling provided that no apartment - in-house is contained therein ii) NON-RESIDENTIAL USES a) retail commercial establishment b) bank orfinancial establishment c) business. professional. or administrative office Iii) REGULATIONS a) gross floor area (maximum) b) off-Street Parking Spaces (minimum) c) loading Spaces d) setback from an "EP" Zone (minimum) e) parking Area entrance Setback to a Residential Interior Side Yard f) parking Space Setback to a Residential Interior Side Yard f~il fH" 175 sq.m. 2 spaces Nil o metres 2. Schedule "5" to By-Law 84-63. as amended, is hereby further amended by changing the zone designation from: "General Commercial (C1) Zone" to "General Commercial Exception (C1-37) Zone" as shown on the attached Schedule "A" hereto. tiJ 1 ATTACHMENT 3 3. Schedule "A" attached hereto shall form part of this By-Law. 4. This By-Law shall Gome into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. R.S.O. 1990. By-Law read a first time this day of 2004 By-Law read a second time this day of 2004 By-Law read a third time and finally passed this day of 2004 John Mutton, Mayor Patti L. Barrie, Municipal Clerk ij52 , This is Schedule nAn to By-law 2004- passed this day of . 2004 A.D. , - 0'" Lot 5 Lot 6 I- W W a:: I- 00 La..... atlo.....a 0000000 00 000000000000000 OllloOoOoOOOOOOOOOoOoOoOlloOoOoO 00000 OoOoOlloOoOoOoOoOloOoOoOOOOOO OOOOOOO(-O~~~Of..,.?J'~OoOoOoOl 00000 OoOoOl.O.O.o,:rOOOOOOOOOOOOOOOOO ~ OOO~"..,..w...o_OOOO 00 oood'lfJ.)oooOOOOOO f OOoOoOoOloOoOoOOOoOoOoOlloOoOoOOOO 00000 OOOOOOOOOOOOOOOOoOoOoOloOoOoOOO : 000000000000000000 000 OOO~O%%O~O%O~~O%%O~ 3 PQM Pl" R-31 I (31)0000000000000 J: ~ o z ~ -- .... KING AVENUE WEST ~ Zoning Change From "C1" To "C1-37" ~o::;o::;o::;~ Zoning To Remain "EP" John Mutton, Mayor Patti L. Barrie, Municipal Clerk "'- I I I I I WILMOT ST. > L f- W W '" f- (f) I f- '" o z KING AVENUE WEST LILLIAN ) I) \I " II ,\ . ~ ::: 4 EMILY ST. W. , "j I I Newcastle