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Home My WebLink AboutPSD-031-03 . , ., -$.' CJ. II L~~ REPORT PLANNING SERVICES Subject: GENERAL PURPOSE AND A~~~TION COMMITTEE Monday, March 24, 2003 -r;o-g- Dr-::- 6ff}- f3y-03 PSD-031- 03 File #: COPA 2002-010 By-law #: RJX:;3- 3~ ZBA 2002-035 ;){)6 ~ - 3 CLARINGTON OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT - 95 &101 LIBERTY STREET NORTH APPLICANT: 767042 ONTARIO LIMITED Meeting: Date: Report #: RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-031-03 be received; 2. THAT Amendment No. 32 to the Clarington Official Plan to increase the maximum permitted commercial f100rspace for the Neighbourhood Commercial Area at Liberty Street near Lovers Lane from 250 sq. m. to 500 sq. m. be ADOPTED as indicated in Attachment 2 to Report PSD-031-03 and that the necessary bylaw contained in Attachment 3 be passed; 3. THAT the application to amend Zoning By-law 84-63 of the Municipality of Clarington as amended, (ZBA 2002-035) submitted by Tunney Planning on behalf of 767042 Ontario Limited to permit this proposed development, be APPROVED and that the by-law contained in Attachment 4 to Report PSD-031-03 be passed; 4. THAT the Regional Municipality of Durham Planning Department be sent a copy of Report PSD-031-03; and 5. THAT all interested parties and the Regional Municipality of Durham Planning Department be advised of Council's decision -affJ Franklin Wu ~ Chief Administrative Officer Submitted by: D id rome, M.C.I.P., R.P.P. Director, Planning Services AR*CP*DJC*sh 14 March 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 636 , , REPORT PSD-031-03 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 increase the retail floor space from 250m2 to 500m2 within the Neighbourhood Commercial Area on Liberty Street near Lovers Lane to permit the development of a mixed-use establishment located at 95 and 101 Liberty Street North in Bowmanville. 1.4 Rezoning: To rezone the lands to an appropriate commercial zone to permit the proposed mixed-use building with up to 500 m2 of retail commercial floor space and up to three residential units on the second floor. 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 1996, By-law 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 637 REPORT PSD-031-03 PAGE 3 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. 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. 3.4 On November 21, 2002, the applicant submitted the subject applications to amend the clarington Official Plan and Zoning By-law to permit the proposed use. 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 638 REPORT PSD-031-03 PAGE 4 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 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 500 square metres for the Liberty/Lovers Neighbourhood Commercial Area, shown on Table 10-2. 5.2 The maximum combined f100rspace index permitted by the clarington Official Plan 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 to be 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. 639 REPORT PSD-031-03 PAGE 5 7.0 PUBLIC SUBMISSIONS 7.1 A public meeting was held on January 20, 2003. At the meeting, no objectors or supporters spoke. The applicant explained that the previous application did not proceed because of drainage issues, which have now been addressed through the acquisition of the rear portion of the property. He also noted that it is not the owner's intention to build immediately, but rather to proceed in approximately two or three years. An application for site plan approval will be filed at that time. 7.2 Prior to the public meeting, a local resident 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. 7.3 The abutting property owner to the north also raised concems about the proposed expansion. Although he was unable to attend the public meeting, he expressed by email correspondence his desire to ensure that the development does not negatively impact on his privacy, property and its value. Currently, the commercial building is sited in such a way that the southern exposure for the property to the north is not obstructed. The property owner to the north feared specifically that a higher building, set further back on the lot, would create unwanted shadow in his back yard. Section 9 addresses the issues raised from neighbouring property owners. 8.0 AGENCY COMMENTS 8.1 The application was circulated for agency comment. The clarington Emergency Services Department, Central Lake Ontario Conservation, Kawartha Pine Ridge District School Board, Peterborough Victoria Northumberland clarington District School Board and Veridian Connections have no objections to the proposed use. 8.2 Clarington Engineering Services has no objections to the proposal, but note that additional information on grading and drainage and boulevard works will be required as part of the site plan approval process. 6413 REPORT PSD-031-03 PAGE 7 building for maintenance and will be more compatible with the residential property to the north. The applicant is agreeable to these suggestions. A sloped roof design for the building can increase the residential character of the development and ensure a good fit within the neighbourhood. Planning Staff will be looking for this type of design at the stage where an application is made for site plan approval. Further in order to meet the height requirements of the "C2" zone, the building will be a one and a half storey with dormer windows on the second floor. At the rear, there will be a walk-out basement to permit access to the underground parking and garbage enclosure with as moderate a slope as possible. 9.3 The proposed development will inevitably create some additional shade for the property owner to the north. Although the proposed building will not be higher than it is currently, it will occupy a larger footprint and will cast shadow as a result of its mass. Shadow will be most pronounced later in the day in the winter months, when the sun is lower in the sky and light is cast from the south-west. At other times of the year when the sun is overhead, and in the morning and early afternoon, the property to the north will not be in shade as a result of the proposed development. Staff note further that the permitted height for the commercial building is slightly less than the permitted height for the surrounding residential properties. Houses in the area can be 10.5 metres high (approximately two and a half stories) while the neighbourhood commercial zone permits a maximum height of 10 metres. The applicant is not seeking any change in allowable height as a result of this application. Attachment 1 showing the concept plan for the development has not been modified to reflect the above changes. Rather, these changes will be dealt with through site plan approval. " 642 REPORT PSD-031-03 PAGE 9 Attachment 3 - By-law to Adopt Amendment No. 32 to the clarington Official Plan Attachment 4 - Zoning By-law Amendment 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 Glenn Mullin 103 Liberty Street North Bowmanville, Ontario L 1 C 2L8 64 !) I I I I -C I I \ \ --f-J I I ~ I I \ I 0 I I I I :z: I I I I I I I I --f-J I \ I I Q) I I Q) I I I I ~ I I --f-J I (f) I I I \ ~ I I --f-J I \ ~ I Q) I I -G I I 0- I -I I ATTACHME~n 1 1.8m ~rjWfYJ'~nce . J.O . > f;!D ~~ c .' i--i-l---: !j Refuse & Recyclin,9 81)'ns I I 10 /' 1.2m' 3.6m (4.12 I '" ~72'2I'02"E I 2rJ.48 -~~-~~~~~~~--~-T-l J 1.5 I' On Grade Indoor <I:! I Garage ... '" I Parking .p,.Parklng- I I .. I I _~~~ --~-~-::-~~-::-~~r~~fu----' I En trance I I 2 . I " L-_-'-_ t': . , \ > " E. , -'T- - ~~ ~E -'T- - .5 57 (T,p) . 'I~ ~~ , @ . f.l~ !. , ~ , o ~ 2..3 2.75 +- I 1/ , .6 1'j7~'OO"E 24.079 EX/stmg Fence il.!lO N72Wi'OOT .. H72W'44"f: Bowmanville Key Map I 1 I I ) l I I I I II 11 I J L I I I I I 1 I 1 II CONC=ON ~~~ TRUDEAU I DRf\IE [ 1 I I 1 I lIIIIIII=1~ [ I I I I 1lJIIIII.t:j~ ~r" TRU[)[NJ DRIVE i ZBA 2002-035 Zoning By-law Amendment COPA 2002-010 Official Plan Amendment Owner: 767042 Ontario Limited 645 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003- being a By-Law to adopt Amendment No. 32 to the Clarington Official Plan WHEREAS Section 17(22) of the Planning Act R.S.O. 1990, as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to permit the development of a mixed-use development having 500 square metres of retail commercial f1oorspace. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 32 to the Clarington Official Plan being the attached Explanatory Text is hereby adopted; and 2. This By-Law shall come into force and take effect on the date of the passing hereof. By-Law read a first time this day of 2003. By-Law read a second time this day of 2003. By-Law read a third time and finally passed this day of 2003. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 647 AlfTACHMENT 3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003- being a By-Law to amend By-Law 84-63, the Comprehensive 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 02-035 to permit the development of a mixed-use development with 500 square metres of commercial floorspace and up to three residential units on the second floor. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 17.5.6 "Special Exceptions - Neighbourhood Commercial (C2) Zone" is hereby amended by replacing Subsection 17.5.6 as follows: "17.5.6 Neighbourhood Commercial Exception (C2-6) Zone Notwithstanding Sections 3.12, 3.15, 17.2, and 17.3, those lands zoned C2-6 on the Schedules to this By-law shall be sUbject to the following zone regulations: i) Number of Loading Spaces ii) Width of Loading Space One 3 metres iii) Entrance located a minimum of 7 metres from the boundary of the side yard lot line boundary of a Residential zone Iv) A maximum of three dwelling units shall be permitted within a portion of a non- residential building permitted within the Neighbourhood Commercial (C2) Zone in accordance with the minimum dwelling unit area requirements of the Urban Residential Type Four (R4) Zone. v) Front Yard vi) Interior Side Yard 0.5 metres 1.5 metres on one side. 10 metres on the other side 10 metres vii) Rear Yard Setback viii) Floor Area (maximum) 500 square metres for non-residential uses." 2. Schedule "3" to By-Law 84-63. as amended, is hereby further amended by changing the zone designation from: "Urban Residential Type One (R1) Zone" to "Holding - Neighbourhood Commercial Exception ((H)C2-6) Zone" as shown on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By-Law. 4. This By-Law shall come into effect on the date of the passing hereof, sUbject to the provisions of Section 17.2 and 34 of the Planning Act, RS.O. 1990. By-Law read a first time this BYRLaw read a second time this By-Law read a third time and finally passed this day of day of day of 2003 2003 2003 John Mutton, Mayor Patti L. Barrie, Municipal Clerk 648 AlrTACHMENT 4 ..~. ...J< This is Schedule "A" to By-law 2003- passed this day of .2003 A.D. JU~I La , N74'S2'20"E 25.689 ~ o z ,. .......,............. ~. .:;:::::;:::;:::::;:::;:;:::;:::;:;:;:::;:;:::::::::::::::::::;:::::::;:::;:::::;:::::::::::::::::::::::::::::::::::. }= ~ o m .. 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LOVERS LAAlE TRUll€AU DRIVE CARLISlE J 649 PURPOSE: BASIS: ACTUAL AMENDMENT IMPLEMENTATION: INTERPRETATION: ATTACHMENT 2 AMENDMENT NO. 32 TO THE CLARINGTON OFFICIAL PLAN To increase the maximum permitted retail floor space from 250 m2to 500 m2 for the Neighbourhood Commercial Area on Liberty Street near Lovers Lane to permit the development of a mixed-use establishment located at 95 and 101 Liberty Street North in Bowmanville 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. The general policies contained in Section 10.8,2 permit a maximum gross leasable floor area for retail and personal service uses of 1000 m2, However, Table 10-2 restricts the retail floor space in the Liberty/Lovers area to 250 m2. The amendment to Table 10-2 is necessary to permit a proposed mixed-use development with 500 square metres of commercial floors pace. The Clarington Official Plan is hereby amended as follows: That Table 10-2 in Section 10.8.4 be amended by increasing the Maximum Retail Floorspace for the Neighbourhood Commercial Area at Liberty/Lovers Lane from "250"m2, to "500" m2. The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan shall apply in regard to this amendment. The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the Plan shall apply in regard to this amendment. 646