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Home My WebLink AboutPSD-050-15 UNFINISHED BUSINESS C1ff_MSq10jU Planning Services Public Meeting Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: Planning and Development Committee Date of Meeting: October 5, 2015 Report Number: PSD-050-15 Resolution Number: 'gyp - �jsco�-�5 File Number: ZBA 2015-0016 By-law Number: QC 5-01 aL_._ Report Subject: An application by Cowan Buick GMC on behalf of Gerr Holdings Ltd. to permit the Temporary Use of a vacant lot for employee parking Recommendations: 1. That Report PSD-050-15 be received; 2. That the Zoning By-law Amendment application submitted by Cowan Buick GMC be approved and the by-law be adopted as contained in Attachment 2 to Report PSD-050-15; 3. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-050-15 and Council's decision; and 4. That all interested parties listed in Report PSD-050-15 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD-050-15 Page 2 Report Overview Cowan Buick GMC has used the vacant property at 18 Brown Street as an employee parking lot for several years. Clarington Council has twice passed By-laws supporting this temporary use. Cowan Buick GMC has submitted this Rezoning application, on behalf of the property owner (Gerr Holdings Ltd.), to continue the temporary parking lot for an additional three years. The planned use for this property, as described in the Bowmanville East Town Centre Secondary Plan, is that it will inevitably be redeveloped to support a commercial or mixed-use development (commercial with apartments above). The temporary use of the property as a parking lot will not inhibit its future redevelopment. 1 . Application Details 1.1 Owner: Gerr Holdings Ltd. 1.2 Applicant: Cowan Buick GMC 1.3 Proposal: To permit the temporary use of a vacant lot for employee parking. 1.4 Area: 1,705 square metres 1.5 Location: 18 Brown Street, Bowmanville 1.6 Within Built Boundary: Yes 2. Background 2.1 In November, 2006, Cowan Pontiac Buick GMC Ltd., on behalf of Gerr Holdings Ltd., submitted a rezoning application on the subject property. The application proposed a temporary parking lot, for a maximum period of three years. The original use of the parking lot was to accommodate the overflow parking needs of the Cowan automotive dealership while they undertook renovations to their building and site. 2.2 A Temporary Use By-law to permit the use of the subject lands as a parking lot was approved in March, 2007, and was valid for a period of three years from the date of the Public Meeting. This By-law expired on January 22, 2010. 2.3 In March, 2010, Cowan Pontiac Buick GMC Ltd., on behalf of Gerr Holdings Limited, submitted a second rezoning application to continue the use of a temporary parking lot on the subject property. 2.4 A second Temporary Use By-law was approved in May, 2010. This By-law expired in January of 2013. Municipality of Clarington Report PSD-050-15 Page 3 2.5 In June of 2015, it came to the attention of the Municipality that Cowan's was continuing to use the subject property as a parking lot. Cowan Buick GMC was advised that the previous Temporary Use By-law had expired and that they must either vacate the property or request another Temporary Use By-law. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is generally flat with trees along the south side of the property and two mature trees near the northwest corner of the property. There are no buildings or structures on the property. For the past eight years the property has been used as a temporary parking lot by the staff of the Cowan Buick GMC automotive dealership. 3.2 The site is located within an established neighbourhood which includes a medium- density residential building to the south, single detached dwellings to the north, a commercial/residential mixed-use plaza to the west and the Cowan Buick GMC automotive dealership to the east. Figure 1: Property Location Vii' 9� °• � •�r/ '_�"�e.". . r R SUBJECTPROPERTY i- -rr_�. �� w /s o��,��k `�ai'• - a agar"• t � Fib �• f m tom. G COWAN BUICK WK P i n ,y a, 4 ZBA 2015-0016 Municipality of Clarington Report PSD-050-15 Page 4 Figure 2: Site Photograph ee Sr P • Y' 1, 4. Provincial Policy 4.1 The proposed development is not in conflict with the Provincial Policy Statement or the Growth Plan. Temporary use of this property is appropriate until the property can be developed in keeping with the policy framework outlined in the Growth Plan. 5. Official Plans 5.1 Temporary use of the site is not in conflict with the policies of the Durham Region Official Plan or Clarington Official Plan. 5.2 The long-term permanent use of sites located either along King Street or in the immediate area of King Street are intended for commercial, recreational or mixed- use (commercial with apartments above). Municipality of Clarington Report PSD-050-15 Page 5 5.3 The extension of the temporary parking lot use for an additional three years will not inhibit the future development of this site in accordance with the policies of the Official Plan. The Official Plan states that temporary uses must not adversely affect local traffic or the natural environment. Temporary uses must have a limited impact on the site such that the use can be removed and the site may be restored to its original condition. 5.4 The Official Plan states that temporary uses shall not generally be permitted to extend beyond a period of ten years. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject lands "General Commercial (Cl)". The "C1" zone permits the operation of commercial parking lots (paid lots available to the public) but not specifically a private parking lot used in conjunction with an automotive dealership (motor vehicle sales establishment). The Applicant requires the approval of a Zoning By-law amendment in order to permit the proposed temporary parking lot. 7. Public Notice and Submissions 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site. A public meeting sign was installed on the property. No inquiries concerning the application were received from the public at the time of the writing of this report. 7.2 There have been ongoing concerns from the neighbour to the north with respect to the use of this property as a parking lot, which is detailed in Section 9.3. 8. Departmental Comments 8.1 Engineering Services The Clarington Engineering Services Department has no objection to its continued use as an employee parking lot. 8.2 Finance Department The Finance Department has confirmed that the taxes on this site are current. Municipality of Clarington Report PSD-050-15 Page 6 9. Discussion 9.1 Cowan Buick GMC has used the subject property as an employee parking lot for many years. At this time, Cowan Buick GMC continues to require the use of the subject lands for employee parking due to the lack of sufficient off-street parking on their primary site and lack of on-street parking in the area. The Owner (Gerr Holdings Ltd.) has stated that it is not their intent to seek the permanent establishment of a parking lot on this site. 9.2 As noted, the subject property is designated as "Street-Related Commercial" within the Bowmanville East Town Centre Secondary Plan. The long-term use of this property as a surface parking lot would not support the objectives contained in the Secondary Plan. However, until the property owner (Gerr Holdings) is prepared to proceed with the construction of a new building, the temporary parking lot will continue to support the needs of an established downtown business. In the meantime, the Municipality and the public should expect that the property will be maintained in a manner that does not adversely impact the surrounding area. Part of the ongoing maintenance of this property will include the preservation of the existing, mature trees. These trees assist in providing a buffer between the parking lot and the residential neighbours. 9.3 This past summer, the Municipal Law Enforcement Division received complaints regarding: • The maintenance of the subject property (grass cutting and the need to remove a dead tree); and • Excessive dust created by people trespassing on the property with recreational vehicles after hours. The property maintenance issues were resolved (the grass was cut and the dead tree was removed) and no additional property standards complaints have since been received. Cowan Buick GMC are aware of the afterhours trespassing on the property and spoke to the individuals involved. This appears to be an isolated incident. They also advised that they are installing video surveillance so that they can monitor activity on the lot. 9.4 In general, the Applicant's responsible use and maintenance of the site over the years support the continued use of the property as a temporary parking lot. 10. Concurrence Not applicable Municipality of Clarington Report PSD-050-15 Page 7 11 . Conclusion 11.1 The proposed use of the subject property for a temporary parking lot will continue to serve the parking needs of an existing commercial business, for a period not to exceed three years. The temporary parking lot will not inhibit the future development of the subject lands from occurring at any time. 11.2 In consideration of all comments received, it is respectfully recommended that the applications to permit the temporary use of a vacant lot for employee parking be approved. 12. Strategic Plan Application Not applicable Submitted by: - Reviewed by. Da d . Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer Staff Contact: Paul Wirch, Planner II, 905-623-3379 extension 2418 or pwirch(a-)_clarington.net Attachments: Attachment 1 — Proposed Zoning By-law Amendment List of interested parties to be notified of Council's decision is on file in the Planning Services Department. Gerr Holdings Ltd. Cowan Buick GMC Durham Regional Planning Department Municipal Property Assessment Corporation (MPAC) Attachment 1 to Report PSD-050-15 Corporation of the Municipality of Clarington By-law 2015- being a By-law to amend By-law 84-63, the Comprehensive Zoning 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 Municipality of Clarington for ZBA 2015-0016; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 16.5.52 to By-law 84-63, as amended, is hereby further amended by revising the date of expiry from January 22, 2013 to October 13, 2018. 2. 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 passed in open session this day of , 2015 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk I i I I