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Home My WebLink AboutPSD-066-02 CJiJ!jQgrol1 REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Report #: PSD-066-02 File #: ])1'1 COPA 2002-003 ZBA 2002-006 & SPA 2002-005 {/1I-71f -();L By-law #: 1i.JV -0% ftJ 17 v Date: Monday June 17, 2002 Subject: CLARINGTON OFFICIAL PLAN AMENDMENT AND REZONING APPLICATIONS APPLICANT: GANARASKA PROPERTIES LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-066-02 be received; 2. THAT the Clarin9ton Official Plan amendment and rezoning applications submitted by D.G. Biddle & Associates Limited on behalf of Ganaraska Properties Lirnited be DENIED; and 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: David . rome, MCIP, R.P.P. Director of Planning Services Reviewed by: 0. rJ.J2 ...:..~ Franklin Wu, Chief Administrative Officer RH*L T*+DJC*sn June 11, 2002 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-0830 665 ~ MEMO PLANNING SERVICES To: Mayor and Members of Council From: David J. Crome, Director of Planning Services Date: June 17, 2002 Gk REPORT PSD-06t;02 OFFICIAL PLAN AMENDMENT AND REZONING APPLICATIONS GANARASKA PROPERTIES LIMITED FILE NO.: COPA 2002-003 & ZBA 2002-006 Subject: In the event that members of Council do not support the recommendations contained in the above referenced report, the following resolution should be adopted: 1. THAT Report PSD-r;J!6rbe received; 2. THAT Amendment No. 28 to the Clarington Official Plan to permit a parking lot in association with an existing motor vehicle sales establishment be ADOPTED, and that the necessary by-law be passed; 3. THAT the rezoning application to permit a parking lot in association with an existing motor vehicle sales establishment be APPROVED, and that the necessary by-law be passed; THAT a copy of this report be forwarded to the Region of Durham; and "... 4. 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Amendment No. 28 with the adopting by-law and the zoning by-law amendment are attached hereto. Should you have any questions, please do not hesitate to contact me. David DJC:sn cc: Franklin Wu, Chief Administrative Officer Patti L. Barrie, Municipal Clerk Mike Creighton, Director of Emergency Services Tony Cannelia, Director of Engineering Services Nancy Taylor, Director of Finance Marie Marano, Director of Corporate Services Joe Caruana, Director of Community Services Fred Horvath, Director of Operations Larry Taylor, Manager of Development Review CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-0830 REPORT NO.: PSD-066-02 PAGE 2 1.0 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 development of a parking lot in association 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). 2.0 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 totals 0.08 hectares (0.2 acres). The property is located within Part Lot 11, Concession 1, in the former Town of Bowmanville, 3.0 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. Rezoning and site plan approval applications have also been submitted for the property at 45 Church Street. The proposed site plan is included as Attachment 2. 666 REPORT NO.: PSO.066-02 PAGE 3 3.2 In 1988, the applicant submitted an Official Plan amendment application for the existing parking lot on Church Street. At that time, area residents were opposed to the proposal because it represented a commercial intrusion into an established residential neighbourhood. Additional noise, pollution, and garbage were other concerns of area residents. Staff indicated that if the south side of Church Street were to redevelop 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 the 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". 4.0 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 45 Church Street: East: Parking lot associated with Cowan Motors North: Urban residential West: Urban residential South: Cowan Motors 5.0 OFFICIAL PLAN POLICIES 5.1 Both properties are designated "Urban Residential" in the Clarington Official Plan. The property line at the rear of the properties abutting Church Street demarcates the boundary of the Bowmanville East Main Central Area. 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 Church Street, which were previously approved for commercial use in 1991. Revised Page: June 13. 2002 REPORT NO.: PSD-066-02 PAGE 4 As proposed use does not conform to the policies, an application to amend the Clarington Official Plan was submitted for consideration. 6.0 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. 7.0 PUBLIC SUMMISSIONS 7.1 A Public Meeting was held on April 29, 2002 at which time no opposition to the proposal was evident. 7.2 Prior to the Public Meeting, a letter was received on behalf of area property owners objecting to the application on the following grounds: . The residential strip of homes in the historic neighbourhood along Church Street should be preserved. Their removal changes the character of the area and removes grassed area. . Other lands owned by the applicant along King Street should be used for the proposed use. . There will be dust and leakage from cars on the parking area. . Proposed removal of the houses along Church Street would allow the noise from the external loudspeakers to carry farther into the surrounding neighbourhood. B.O AGENCY COMMENTS 8.1 The Clarington Emergency Services Department, Central Lake Ontario Conservation, and Veridian Connections have no objections 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. 668 REPORT NO.: PSD-066-02 PAGE 5 . A site plan agreement is required for all internal and external works and services related to the development. . A 2% cash-in-lieu of parkland dedication is required. . A demolition permit is to be obtained to remove the dwelling. 8.3 The Durham Regional Planning Department has no objections to the application. As the application has no significant Regional or Provincial implications, the application is exempt from Regional approval. 8.4 The Durham Region Public Works Department has no objections to the proposal provided that the Region properly disconnects existing municipal water and sewer services. 9.0 COMMENTS 9.1 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. Noise from the operation would travel further into the adjacent neighbourhood. If approved, only three of the original seven residential properties would remain on the south side of Church Street between Liberty and Brown Streets. The approval of these applications fundamentally commits the entire block for commercial development and will change the nature of Church Street in this location. 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 applicant has never submitted a comprehensive concept plan for the area for staff review. 669 REPORT NO.: PSD-066-02 PAGE 6 9.3 The applicant stated that additional lands are needed for new car inventory. The new lot at 45 Church Street would provide a net increase of 20 parking spaces. It is noted that site plan approval has been given for a parking lot between the existing building and Brown Street (see Attachment 3). Phase 2 would permit additional 14 car 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. In staff's opinion, the applicant should proceed with developing the existing approved site for parking. This would only remove housing stock from a commercially zoned area. The net difference would be 6 fewer parking spaces. 10.0 CONCLUSIONS 10.1 Staff have carefully reviewed the application for its merits and impacts. Based on the comments contained in this report, staff would recommend that this report be DENIED. Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Site Plan Attachment 3 - Existing Site Plan Interested parties to be advised of Council and Committee's decision: Tom Cowan Ganaraska Properties Limited 166 King Street East Bowmanville, ON L 1 C 1 N8 Rob Laroque D.G. Biddle & Associates Limited 96 King Street East Oshawa, ON L 1 H 1 B6 David Davidson 4241 Old Scugog Road R.R. # 1 Bowmanville, ON L 1 C 3K2 670 . . 45 Church Street Existing Dwelling to be Removed and Area to be Used for Parking Lot ~6IoS'l 11&1). "~.9. ~~/ ,," 0' 9,)' ^j t ~ ~r:o ~ rP " Q;) ,,? 'b Bowmanvllle Key Map ATTACHMEINT 1 ~&". "/OJ &I)~. ~/ 35 Church Street Existing Dwelling - to Remain ,... en c:i - ::c ~ o Z I- W W a::: I- en ~ w co :J COPA 2002-003, ZBA 2002-006 and SPA 2002-005 Official Plan, Zoning and Site Plan Amendments Ganaraska Properties Ltd. IfE!I COPA 2002-003 _ ZBA 2002-006 AND SPA 2002-005 ~ Other Lands Owned By Applicant 67\ I, ! ' g i e ~ ~i I - . :. .., I, I !!' ,- i- I' ~ .Ii'.! (I! I: ! ,'il! ,I ~: I, !';ifi ~ ~!:i e'*~i ,Ii? Sill; ~ll!l! I: ill! .'111 il i I ~ .. I ;'''1'1 1,ll'l I,"'" lilllliil =. :11 'I!': ijll:r I: Ii I'hll 'l'i'l~lllq 1l.1:!i:iIM il':S ~ W' ,: 1'!.lI~~li~ R~ q1i E ! I'III'! !! 'l I ,_I IIi' ~ P, " I !!... 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