The URL can be used to link to this page

Home My WebLink AboutPSD-011-03 ... ~ '-' Clw:Jngron REPORT PLANNING SERVICES PUBLIC MEETING Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, January 20,2003 j)Dg.Df:' &fll-oOl/-O:3 PSD-011- 03 File #: COPA 2002-010 By-law #: ZBA 2002-035 Meeting: Report #: Subject: CLARINGTON OFFICIAL PLAN AMENDMENT AND ZONING BY.LAW AMENDMENT - 95 &101 LIBERTY STREET NORTH APPLICANT: 767042 ONTARIO LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report PSD-011-03 be received; 2, THAT the applications for amendment to the Clarington Official Plan and Zoning By-law. submitted by Kevin Tunney of Tunney Planning Inc, on behalf of 767042 Ontario Limited be referred back to Staff for further processing and preparation of a subsequent report upon receipt of all outstanding comments; 3, THAT all interested parties listed in this report and any delegations be advised of Council's decision, Submitted by: J rome, M,C,I.P"R.P.P, r, Planning Services Reviewed by: ()~..-:, ~ Franklin Wu Chief Administrative Officer AR*CP*DJC*sh 10 January 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3AB T (905)623- 3379 F (905)623-0830 601 .... REPORT NO.: PSO-011.03 PAGE 2 1.0 APPLICATION DETAILS 1,1 Applicant: 767042 Ontario Limited 1.2 Agent: Kevin Tunney of Tunney Planning Inc, 1,3 Official Plan Amendment: To amend Table 10-2 to permit the development of a mixed-use building containing 510 m2 of commercial floor area and up to three residential units on the second floor. 1.4 Rezoning: To rezone the lands to an appropriate commercial zone to permit the proposed use. 1.5 Land Area of Application: 0.175 ha 2.0 LOCATION 2,1 The subject property is located within Part Lot 10, Concession 2, former Town of Bowmanville, at municipal addresses 95 and 101 Liberty Street North. 3.0 BACKGROUND 3.1 The applicant has contemplated an expansion to the North End Market convenience store for a number of years. In 1988, the existing convenience store at 101 Liberty Street North and the now demolished house at 95 Liberty Street North were merged into a single parcel (LD 547/87). In 1990, an application was submitted to rezone this parcel to an appropriate commercial zone, In 1996, Bylaw 96-159 was passed to rezone the parcel to its current zone, (H) C2-6, with the exception of a 4.57 metre right-of-way for access to the property to the east. A site plan application filed concurrently with the rezoning application was also approved in 1996, however the agreement was never executed. The applicant has not submitted an application for site plan approval at this time, although a conceptual site plan drawing was submitted with the current rezoning application, 602 .... ' REPORT NO.: PsD-011-03 PAGE 3 3.2 In 2001, the parcel now described as Part 2 on 40R-20863, (the easterly most 20 m X 32 m) was severed and melded with the convenience store property (LD 138/2001), The retained parcel formed part of the residential subdivision currently under development at the rear of the site. A drainage easement was granted allowing the severed parcel to connect across private property to the storm sewer system constructed in the Trudeau Drive road allowance, The access easement originally encumbering 95 Liberty Street North was also released through this application, as it was no longer necessary, 3.3 In May 2002, Veltri and Son Limited received site plan approval to permit a sales office for the residential subdivision on the above-noted retained lands, Although the actual sales office is located on a separate parcel, it is accessed across the subject property and its parking area is located on the subject property. This use is temporary in nature and will be removed once the homes within the new subdivision are sold. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The subject property is located within the urban area of Bowmanville. The site area is 0.175 ha (0.43 acres) and it is connected to municipal water and sewer services. The current uses on the property are the existing store with one residence above, the existing parking area for the store to the south of the building in the side yard, and the parking area of the sales office at the rear. 4,2 Surrounding Uses: East: Residential uses (under construction) North: Residential uses West: Residential uses South: Residential uses, with high school beyond 5.0 OFFICIAL PLAN POLICIES 5.1 The Clarington Official Plan designates the subject property Urban Residential with a Neighbourhood Commercial symbol. This designation permits the proposed mixed-use type of development. Although the Plan states that the 603 ..... -": REPORT NO.: PsD-011-03 PAGE 4 maximum amount of gross leasable floor area for retail and personal service uses shall not exceed 1,000 square metres, Table 10-2 identifies a maximum retail f100rspace limit of 250 square metres in this location. An amendment to the Official Plan is required to permit the proposed floor area increase to 510 square metres for the Liberty/Lovers Neighbourhood Commercial designation, shown on Table 10-2. 5,2 The maximum combined f100rspace index where there are second storey residential uses is 0.50. The applicant has agreed to meet the policies of the Clarington Official Plan in this regard. 5.3 Urban design principles such as high quality landscape treatments and buffering from neighbouring residential uses will be implemented through site plan approval. As specified in the Clarington Official Plan, the proposed refuse collection area is internal to the building. The residential parking proposed for the expansion will be located within an enclosed parking garage; the parking for the commercial use and the loading space will be appropriately buffered from the surrounding residential uses through fencing and minimum setbacks. 6.0 ZONING BY-LAW PROVISIONS 6,1 The subject lands are zoned "Neighbourhood Commercial Exception - Holding (H(C2-6))" and "Urban Residential Type One (R1)". The application does not conform with the current by-law provisions and a rezoning is required to allow the proposed uses, 7.0 PUBLIC MEETING AND SUBMISSIONS 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 lands, 7,2 As of the writing of this report, one local resident has expressed concerns to Staff about maintenance of the site, The resident noted that the sidewalks and store entrance are not regularly cleared of snow and had concerns about increased problems with an expansion, 6IH .... REPORT NO.: PSO-011-03 PAGE 5 8.0 AGENCY COMMENTS 8.1 The application was circulated for agency comment. The Emergency Services Department, Building Division, pUblic school board, separate school board and Veridian Connections have no objections to the proposed use. 8,2 The application has also been circulated to the following agencies for review, . Region of Durham Planning Department . Region of Durham Works Department . Durham Regional Police Services . Clarington Engineering Services . Central Lake Ontario Conservation . Conseil Scolaire de District Catholique Centre-Sud . Conseil Scolaire de District Centre-sud Ouest . Canada Post . Bell Canada At the time of writing this report, comments have not yet been received from the above agencies or departments, 9.0 COMMENTS 9,1 Mixed-use developments integrating housing and commercial uses are a desireable form of development promoted in the Clarington Official Plan. Such developments have the potential to reduce motor vehicle dependence for convenience shopping trips and employment. With adequate on-site parking and appropriate urban design treatments to ensure compatibility between neighbouring uses, mixed-use developments can assist in achieving a diversity in housing types and tenures, and transit-supportive development patterns, Staff will need more detailed information on site development proposal to review neighbourhood compatibility issues. 605 .... , REPORT NO.: PSO-011-03 PAGE 6 10.0 CONCLUSIONS 10.1 As the purpose of this report is to satisfy the requirements for the Public Meeting under the Planning Act, and taking into consideration all of the comments received, it is respectfUlly requested that this report be referred back to Staff for further processing and the preparation of a subsequent report. Attachments Attachment 1 - Key Map Attachment 2 - Amendment to the Clarington Official Plan as proposed by applicant Interested parties to be advised of Council's decision: Kevin Tunney Tunney Planning Inc. 340 Byron Street South, Suite 200 Whitby, ON L 1 N 4P8 767042 Ontario Limited C/o Thomas Kim 121 Willowdale Ave, Suite 101 North York, ON M2N 6A3 606 ~ CONCESSION 1 ATTACHMENT 1 I I I I --C I I I I --+-.J I I ~ I I I I 0 I >0 I I 2: . I I ~~ ~ ~ I I . I I I I I --+-.J I ~ \ ~ I I ;;'<:.-- I (]) I ~~ I ->,'-- I (]) I I I ~ ,5 I =i I --+-.J @ . I VJ I I I 1/ I ~ .' , I . t- ----------- . I --+-.J I . I ~ , . I Ex7stlng"! Fe::~~ .""'.... _MY I (]) I I --0 I I '- I -J I Bowmanville Key Map ) t J L STREET WEST CONCESSION lol STREET EAST II TRUDEAU J: DRIVE II J[ Ii Ii ORR ZBA 2002-035 Zoning By-law Amendment COPA 2002-010 Official Plan Amendment ~ MARCHWOOD eRES. DRIVE CARLISLE AVENUE Owner: 767042 Ontario Limited 607 ATTACHMENT 2 AMENDMENT NO: TO THE CLARINGTON OFFICIAL PLAN PURPOSE: To amend the Clarington Official Plan, The existing land use designation for the site is Neighborhood Commercial. Section 10,8,2 permits a maximum gross leasable floor area for retail and personal service uses of 1000m2, However, Section 10,8.4 restricts the retail floor space for the Liberty/Lovers area to 250m2, The purpose of this official plan amendment is to increase the retail floor space for the Liberty/Lovers area to 510m2, BASIS: The amendment is based on application for official plan amendment filed by 767042 ONTARIO LIMITED, file number COPA 2002-010, in conjunction with zoning bylaw amendment file number ZBA 2002-035 ACTUAL AMENDMENT The Clarington Official Plan is hereby amended as follows: 10,8.4 Notwithstanding Section 10,8,2, the following f100rspace limits shall apply to the sites identified on Table 10-2, Table 10-2 Neiahbaurhaod Cammercial Exceotions Location Maximum Maximum Office Retail Floorspace Floorsoace 500 Trulls/George Revnolds Trulls/Sandrinaham Centrefield/Kina Lonaworth/Swindell Liberty/Concession Rd,3 Libertv/Lovers IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan shall apply in regard to this amendment. INTERPRETATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the Plan shall apply in regard to this amendment. 60B