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Home My WebLink AboutPSD-031-02 , '" q~_n REPORT PLANNING SERVICES PUBLIC MEETING Report #: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE C/I/- /7Y--o.:2- Monday, April 29, 2002 pltj PSD-031-02 File #: COPA 2002-003 By-law #: ZBA 2002-006 & SPA 2002-005 Meeting: Date: Subject: CLARINGTON OFFICIAL PLAN AMENDMENT & REZONING APPLICATIONS APPLICANT: GANARASKA PROPERTIES LIMITED PART LOT 11, CONCESSION 1, FORMER TOWN OF BOWMANVILLE 35 & 45 CHURCH STREET RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-031-02 be received; 2. THAT the applications to amend the Clarington Official Plan and Zoning By-law submitted by D. G. Biddle & Associates Limited on behalf of Ganaraska Properties Limited be referred back to Staff for further processing and preparation of a subsequent report pending receipt of all outstanding comments; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. a~-~ Submitted by: D i . Crome, MCIP, R.P.P. Reviewed by: FranklinWu, Dire r of Planning Services Chief Administrative Officer RH*L T*DJC*sh April 12, 2002 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWIIJIANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-0830 610 , REPORT NO.: PSD-031-02 Page 2 1. APPLICATION DETAILS 1.1 Applicant: Ganaraska Properties Limited 1.2 Agent: D. G. Biddle & Associates Limited 1.3 Clarington Official Plan Amendment: To redesignate properties at 35 and 45 Church Street from "Urban Residential" to permit the demolition of two single detached dwellings and the development of a parking lot associated with an existing motor vehicle sales establishment on both properties. 1.4 Rezoning: To rezone the property at 45 Church Street from "Urban Residential Exception (R1-12) Zone" to implement the proposed Official Plan Amendment. 1.5 Site Area: 0.08 hectares (0.2 acres) 2. LOCATION 2.1 The properties are located at 35 and 45 Church Street, west of Liberty Street in Bowmanville (See Attachment #1). The portion of the applicant's land holdings under consideration total 0.08 hectares (0.2 acres). The property is located within Part Lot 11, Concession 1, in the former Town of Bowmanville.. 3. BACKGROUND 3.1 On February 7, 2002, D. G. Biddle & Associates Limited, on behalf of Ganaraska Properties Limited, submitted an application to amend the Clarington Official Plan. A copy of the proposed Official Plan amendment is contained in Attachment 2. A rezoning and a site plan approval application (SPA 2002-005) were also submitted for the property at 45 Church Street. 3.2 In 1988, the applicant submitted an official plan application for the existing parking lot on Church Street. At that time, area residents were opposed to the proposed because it represented a commercial intrusion into an established residential neighbourhood. Additional noise, pollution, and garbage were other concems of area residents. Staff 611 c REPORT NO.:PSD-031-02 PAGE 3 indicated that if the south side of Church Street were to redevlop for commercial purposes, it should be done through a comprehensive plan rather than on a piecemeal basis so as not to jeopardize future development options for this general area. Although Staff recommended denial of the application without prejudice, Council recommended approval of the application. The amendment received ministerial approval in 1991 on the basis that the development was small in scale and promoted a mixture of uses within the Main Central Area. The rezoning application received final approval on October 15, 1991, which rezoned the property to "Urban Residential Exception (R1-24) Zone". 4. SITE CHARACTERISTICS AND SURROUNDING USES 4.1 Both properties contain single detached dwellings, with the property at 35 Church Street containing a detached garage. The properties slope south towards the car dealership. 4.2 Surrounding Uses for 35 Church Street: East: singled detached residential North: single detached residential West: single detached residential South: Cowan Motors 5.0 OFFICIAL PLAN POLICIES 5.1 Both properties are designated "Urban Residential" in the Clarington Official Plan. These lands are to be used predominantly for housing purposes. The boundary of the Bowmanville West Main Central Area is demarcated by the property line at the rear of the properties abutting Queen Street. The majority of the Cowan automobile dealership is located within the Bowmanville East Main Central Area, the exception being the two former residential lots on Queen Street which were previously approved for commercial use in 1991. As the proposed use does not conform to the policies, an application to amend the Clarington Official Plan was submitted for consideration. 612 , REPORT NO.:PSD-031-02 PAGE 4 6. ZONING BY-LAW CONFORMITY 6.1 Both properties are currently zoned "Urban Residential Exception (R1-12) Zone". In order to permit the proposed development, a rezoning application was submitted for consideration. 7. PUBLIC NOTICE AND SUBMISSION 7.1 Public notice was given by mail to each landowner within 120 metres of the subject sites. 7.2 As of the writing of this report, the following issues have been raised by area residents. }- The residential strip of homes along Church Street should be preserved. }- Other lands owned by the applicant along King Street should be used for the proposed use. }- Proposed removal of the houses along Church Street would allow the noise from the external loudspeakers to carry farther into the surrounding neighbourhood. 8. AGENCY COMMENTS 8.1 The Clarington Emergency Services Department and Veridian Connections have no objection to the proposal. 8.2 The Clarington Engineering Services Department has no objections to this proposal provided that the following requirements are fulfilled: }- All existing entrances to Church Street must be removed. Appropriate securities are required for entrance removal and curb reconstruction. . }- A site plan agreement is required for all internal and external works and services related to the development. }- A 2% cash-in-Iieu of parkland dedication is required. 8.3 The Clarington Building Division has no objections to the proposal provided that a demolition permit is obtained to remove the dwelling on 45 Church Street. 8.4 The Durham Region Public Works Department has no objections to the proposal provided that Regional forces properly disconnect existing municipal water and sewer services to 45 Church Street. 613 " REPORT NO.:PSD-031-02 PAGE 5 8.5 The application has also been circulated to the following agencies for comment: ~ Durham Region Planning Department ~ Central Lake Ontario Conservation 9.0 COMMENTS 9.1 The applicant received site plan approval for a parking lot between the existing building and Brown Street (see Attachment 4). Phase 1 of the project was the parking lot along King Street. Phase 2 would permit additional parking area on commercially zoned property. The applicant would be required to obtain a permit to demolish the existing dwelling and provide a 3.9 metre road widening on Brown Street. Staff has not been advised by the applicant why they are not proceeding with the development of the existing approved site for parking. 9.2 During the processing of the original official plan amendment application, Staff raised concerns over the piecemeal nature of redevelopment along the south side of Church Street. The proposed application would redesignate two additional properties for parking lot uses would change the character of the block from residential to commercial, marginalizing existing residential uses within the block. If approved, only three of the original seven residential properties would remain on Church Street. Staff will have to examine the impacts of further expansions to the Cowan automobile dealership on the surrounding residential neighbourhood. 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. 614 , REPORT NO.:PSD-031-D2 PAGE 6 Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Official Plan Amendment Attachment 3 - Proposed Site Plan Attachment 4 - Existing Site Plan Approval Interested parties to be advised of Council and Committee's decision: Tom Cowan Ganaraska Properties Limited 166 King Street East Bowmanville, Ontario L 1C 1 N8 Rob Laroque D. G. Biddle & Associates Limited 96 King Street East Oshawa, Ontario L1H 1B6 David Davidson 4241 Old Scugog Road RR#1 Bowmanville, Ontario L 1C 3K2 615 ATTACHMEINT 1 $ ^-<l." ~0 ~ rP <\ <Q ....~ 'b 45 Church Street Existing Dwelling to be Removed and Area to be Used for Parking Lot -?&&. "O'&. l'J/}.' ~.) q/.... ,9.0 <\ U 0,' "5 -?&&. "0.: &I)/}.. q/ C..y(,l, ~C..y &ll <'1<> ~~~)' 35 Church Street Existing Dwelling to Remain 's ',)9 " '" ci .>.) .~< ~1\tG' &)'~ ~~)' ~&)' J: I- 0:: o Z I- W w 0:: ?- m ~ 0:: W lD :J ='II: a:& COPA 2002-003, ZBA 2002-006 and SPA 2002-005 Official Plan, Zoning and Site Plan Amendments Ganaraska Properties Ltd. IfEB COPA 2002-003 _ ZBA 2002-006 AND SPA 2002-005 ~ Other Lands Owned By Applicant 616 PURPOSE: BASIS: ACTUAL AMENDMENT: IMPLEMENTATION: INTERPRETATION: ATTACHMENT 2 AMENDMENT NO ( ) TO THE CLARINGTON OFFICIAL PLAN To amend the Clarington Official Plan to permit the expansion of a parking lot for storage of new cars. The Amendment is based upon applications for an Official Plan Amendment by Tom Cowan on behalf of Ganaraska Properties. File No.s COPA 2002-003. The Clarington Official Plan is hereby amended as follows: 1. By adding a new section "23.14 Exceptions" 2. By adding the following new subsection: "23.14.( ) Notwithstanding Section 9.3.4, the construction of a parking lot expansion shall be permitted on each of the properties identified by roll numbers 020-080-09600-0000 and 020-080- 09400-0000 in Part Lot 11, Concession 1, former Township of Darlington." The properties set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan shall apply in regard to this amendment. The provision set forth in the Clarington Official Plan, as amended, regarding the interpretation of the Plan shall apply in regard to this amendment. 617 t....M.... 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