The URL can be used to link to this page

Home My WebLink AboutPSD-046-02 .. ~ 1. q~_n REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday May 21, 2002 PSD-046-02 / File #: yJi ZBA 2002-005 X-Ref.: SPA 2002-004 X-Ref.: LD 265-2001 (;tfl- J:26 -O;;L By-law #: ltf}7 -71 Report #: Subject: REZONING APPLICATION APPLICANT: SYLVIA V ANHAVERBEKE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-046-02 be received; 2. THAT the application to amend Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, submitted by Theresa Vanhaverbeke, on behalf of Sylvia Vanhaverbeke, be APPROVED and that the amending by-law, as per Attachment 3, be forwarded to Council for approval; 3, THAT a copy of this report and Council's decision be forwarded to the Region of Durham Planning Department; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. d~-:- &Jc.. Submitted by: avid . Crome, MCIP, R.P.P. Reviewed by: Franklin Wu, Director of Planning Services Chief Administrative Officer BR*L rDJC*sn May 8, 2002 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-0830 605 , REPORT NO.: PSO-o46-02 PAGE 2 1.0 1.1 1.2 1.3 1.4 2.0 2.1 2.2 2.3 APPLICATION DETAILS Owner: Agent: Zoning: Sylvia Vanhaverbeke Theresa Vanhaverbeke From Urban Residential Exception (R1-12) Zone to General Commercial Exception (C1-4) to permit the expansion of the parking area for the plaza at 77-95 King Street East 276.8 sq. m. (2,980 sq. ft.) Area: BACKGROUND On November 6, 2001, the Planning Services Department received an application from the Regional Land Division Committee to sever the subject site from the remainder of the 88 Queen Street residential property in order to meld it with the commercial property to the west. On February 4, 2002, the Planning Services Department received an application to amend Zoning By-law 84-63 in order to permit the expansion of the parking area for the plaza at 77-95 King Street East. A related Site Plan Amendment was also submitted. A public meeting for the rezoning was held on April 8, 2002. One resident spoke, noting a concern for the rezoning, and specifically the jog in the fence line at the comer of his property. No one spoke in support of the rezoning. The applicant/agent, Theresa Vanhaverbeke, on behalf of the owner Sylvia Vanhaverbeke, spoke in favour of the application noting that the three sides of the proposed severed parcel are all abutting commercially zoned parking areas and that the grading of the proposed parking area expansion has been resolved. She also indicated her willingness to resolve the above neighbour's concem. 606 , REPORT NO.: PSD-046-o2 PAGE 3 2.4 The area subject to the proposal is located in the northerly or rear portion of 88 Queen Street, Bowmanville. The more formal location description is Part Lot 12, Concession 1, former Town of Bowmanville. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The site is currently vacant with the exception of a few trees and its elevation is lower than that of the parking lot to the west although it is to be melded into this parking lot. 3.2 The surrounding land uses are as follows: East - King Street commercial property (103 King Street East) Detached garage and single detached dwelling (88 Queen Street) on the retained parcel of the subject property Parking area for institutional property (Royal Canadian Legion Branch 178 Building) Parking area for King Street commercial property (77-95 King Street East) to which the subject site is to be melded North - South - West- 4.0 OFFICIAL PLAN CONFORMITY 4.1 Within the Durham Regional Official Plan, the subject property is designated as Living Area abutting the Bowmanville East Main Central Area. Since the precise boundary of any Main Central Area is an area (local) municipality responsibility, the application conforms. 4.2 Within the Clarington Official Plan, the subject property is designated as Urban Residential abutting the Bowmanville East Main Central Area. The Bowmanville East Main Central Area Secondary Plan shows the abutting portion of this central area to be Street-related Commercial Area. The boundary between this commercial area and the Urban Residential designation is such that it follows property limits, thereby permitting the subject or severed parcel to be considered Street-related Commercial Area within the 607 REPORT NO.: PSD-046-02 PAGE 4 Bowmanville East Main Central Area once the parcel is melded with the commercial property to the west. In this way, the application conforms. 5.0 ZONING BY-LAW COMPLIANCE 5.1 Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, all of the subject property (88 Queen Street) is zoned "Urban Residential Exception (R1-12)" and this precludes a commercial parking area. The proposal does not conform, hence this rezoning application. 6.0 AGENCY COMMENTS 6.1 The rezoning application was circulated to various agencies and other departments by the Planning Services Department. Comments received to date follow. 6.2 The Clarington Engineering Services Department noted the applicant must do the following: . Submit a site plan that illustrates the entire commercial site where the proposed parking expansion will occur; . Prior to site plan approval, submit a grading and drainage plan that demonstrates the conveyance of stormwater that is ponding on the subject or severed parcel even if that implies written consent from an abutting private property owner; . Enter into a site plan agreement with the Municipality; and . Subject to the results and findings of all required studies, reports and supplementary information, additional comments may be applicable. 6.3 Veridian Connections noted it had a five (5) foot (1.5 metre) easement at the rear of 88 Queen Street for access to Veridian Connections plant on the site. Clear access to the poles needs to be maintained. Mechanical protection for the poles is required in the form of 4" concrete-filled steel bollards. 6.4 Central Lake Ontario Conservation offered no objection to the rezoning but noted the absence of site grading, drainage and sedimentation control information. All flows from the site cannot further impact adjacent private lands. Sedimentation must be prevented from moving off-site and information is required on this matter prior to the issuance of Authority permits allowing filling and/or grading on site. 608 REPORT NO.: PSD-046-02 PAGE 5 6.5 The Clarington Emergency and Fire Services Department and the Regional Planning and Works Departments had no concerns. 6.6 There are no outstanding comments. 7.0 STAFF COMMENTS 7.1 Regarding Clarington Engineering Services Department comments, a revised site plan for site services and lot grading that illustrates the entire commercial site including where the proposed parking expansion will occur has been submitted and approved in principle. The owner is committed to amending the existing site plan agreement with the Municipality. 7.2 Regarding Veridian Connections comments, the 1.5m (5 ft.) easement, clear access to the poles, and mechanical protection for the poles in the form of 4" concrete-filled steel bollards, are shown on the site plan. 7.3 As much as can reasonably be done has been completed for the neighbour at the public meeting, Mr. George Colboume of 90 Queen Street. Mr. Colbourne's requests and the response of the applicant and staff (shown in italics) are as follows: a. A diagonal fence linking the existing fence behind the 77-95 King Street plaza with the existing fence behind the house and garage at 88 Queen Street, and eliminating a jog or corner that would otherwise exist and create a potentially unsafe blind or hiding spot; The applicant's April 29, 2002 plan, as revised, has included the diagonal fence. b. An increase in the height of all three (3) above segments of fence from the current 1.67m to 2m (5.5 to 6.5 ft.) to an even 2.44m (8 ft.) through the building of the diagonal fence at 2.44m or 8 ft. and the adding of a 0.61 m (2 ft.) height extension to both existing fences; The applicant will not raise the fence height because the existing fence does not practically allow height extension. A safe and reasonably attractive height extension essentially requires existing fence reconstruction which is a considerable expense 609 REPORT NO.: PSD-046-02 PAGE 6 when nothing is changing with the area adjacent the fence behind 77-95 King Street East and is not part of the rezoning application. Staff concur with the applicant on these matters. C. The addition of wood lattice to the bottom of most of the distance of the two existing fences and the building of the proposed diagonal fence completely to grade to eliminate garbage from blowing under the fences where the gap varies between no gap and as much as 20cm (8 in.); The applicant's April 29, 2002 plan, as revised, has included the wood lattice. d. The elimination of noise from motorcycle drivers visiting the tattoo parlour at 103 King Street East; The applicant does not own 103 King Street East. There is no access for cars or motorcycles between 103 King Street East and the proposed parking expansion area. e. The removal of an oil tank and rubber tires from the west side of the garage at 88 Queen Street; The removal of the rubber tires and the oil tank has already occurred. f. The installation of a wood privacy fence between 90 and 88 Queen Street at 100% or at least 50% paid for by the applicant. The applicant stated that she will not install a wood privacy fence at 100% or even 50% cost between two houses both in the same residential zone and neither of which is being rezoned. The applicant intends to sell 88 Queen Street once the rezoning is approved. It is suggested that Mr. Colbourne approach the new owner with his 50/50 shared cost fence proposal. There is an existing chain link fence between the two properties on a part of the boundary line. Staff concur that this request is entirely unrelated to the application. 7.4 The intent of the rezoning application is to increase the amount of off-street parking. The applicant is not increasing the retail floor space with this proposal but rather is offering more parking spaces to the existing tenants. 610 REPORT NO.: PSD-046.o2 PAGE 7 8.0 STAFF COMMENTS 8.1 Staff is satisfied any remaining concerns can be resolved through the site plan amendment process and therefore, recommends the rezoning be APPROVED and the amending by-law, as per Attachment 3, be forwarded to Council for approval. Attachments: Attachment 1- Attachment 2 - Attachment 3 - Site Location Key Map and Property Plan Overall Site Plan for Site Services and Lot Grading Zoning By-law Amendment Interested parties to be advised of Council's decision: Theresa Vanhaverbeke Syvan Developments Limited 20 Robert Street West Unit A NEWCASTLE, Ontario L1B 1C6 George Duncan Colbourne 90 Queen Street BOWMANVILLE, Ontario L 1 C 1 M6 611 ATTACHMENT 1 ~PAPf "<;f- ~ :::- Lor ~LOT 77'7 2120 lOP ;~j pp,IC LOr 7 co,",,", E:RCIA,l I z 8 LOr ~ :? co",,", E:RCIA,J.. 'u' 6LOClZ JOH/y T""" f-... o -...J ~ i! ,$ B !;J '" PLA./y z o (/) (/) w U z o u ~ ;< <? f-... o -...J f 9ucc/V S' --3?;- z-c7 ZBA 2002-005 and SPA 2002-004 Zoning By-law Amendment and Site Plan Amendment Sylvia Vanhaverbeke )~ 612 ~ <( LU tu LU a: ~ C) Z - ~ ~ '0 '> -"-- ~~* "'''':go,; i>~ ~!H -t, ..~....-- v ,"- "'- ---]- ~ "$.--j '" f- . h~_ " -- - ~-- , ~ " , . ATTACHMENT 2 ~ r 0, "" u SJi ". ~" \,., ,,;" ~. 00 .,'" A ~~ ~;:. - ~~ !~ ~ : , ~" ~' ':?~ ~ o <66 :)<n(J / 8o..11lV' [ ON> ~ "',:- , <X s J'f:~~~ 'Z 1 " -- " - --jt'-- -~ j ~ - -- --~ ':0 6' . o . . . wliilll ~><e .. :;;~~ r q/ 8 ---t - . -i- , > > Z .- j . o ~ . ~ "'- h~--F " ' -- -~_ ~ J " ' . _ - _ _ _ J > , _ _ _ J , , _2 .0 ---'" r- _u~u i , f' -i-- , " j .. ,oJ .,' .' ,- ,," " "'~. " .> " ,f' " .. ~:>. - - - d" ~+t -"l_.j/ ! J 8- ~- J/~ " ",,'J ...." ,~ ,;" (..t:~ .,,'" ""~,>"o.,; ,<f.J'<f'~" "'''' ~{' ,.;' + ~ c' .. " ----#..~ ~..fl- - ~ - ." .~ ,1' " ,~ ,.' ,,;; .1'.~ ~ c ~ ~ o~ , 61.5 ,J It) C C I ("II C C ("II <C m N / c ca - c.. CD - .- tJJ ATTACHMENT '3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 2002- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law of the former Corporation of the 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 Municipality of Clarington for ZBA 2002-005. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Urban Residential Exception (R1-12)" Zone to "General Commercial Exception (C1-4)" Zone, as illustrated on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of this By-law. 3. 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 2002 BY-LAW read a second time this day of 2002 BY-LAW read a third time and finally passed this day of 2002 John Mutton, Mayor Patti L. Barrie, Municipal Clerk 614 '. .. './ , This is Schedule "An to By-law 2002- , passed this day of . 2002 A.D. (Or '-----. LOT 77? 2120 10'~ ;~f ppt.IC 12 Co.,.,.,wE/;' 0" (~~.c.o,: II a LOr - ;} '\)' J' "- if o tJ " . BLOCK JOI-;;y ~PApr ~:! PC4;y z o Vi en L.J (j Z o (j ;; J' "- a " 9U.o.o-o/ S' 0>.0.0..->- ~ ZONING CHANGE FROM .. R 1-12" TO .. C 1 -4" John Mutton, Moyor Patti l. Borrie, Municipal Clerk )~ Bowmanville 615