HomeMy WebLinkAboutPSD-045-06
Cl~n
REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, April 24, 2006
Report #: PSD-045-06
File #: ZBA2006-0004
and SPA 2006-0005
By-law #:
Subject: PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT A RESTAURANT
WITH REDUCED PARKING STANDARDS - 57 MILL STREET SOUTH,
NEWCASTLE VILLAGE
APPLICANT: 1664312 ONTARIO INCORPORATED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-045-06 be received;
2. THAT provided that no significant issues are raised at the public meeting, the
application submitted by 1664312 Ontario Incorporated be APPROVED
and that the attached Zoning By-law Amendment be forwarded to Council for adoption;
and,
3. THAT the interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
Da . J. Creme, M.C.I.P., R.P.P.
Director of Planning Services
Reviewed by: 0 ~ -.::... ~
Franklin Wu,
Chief Administrative Officer
DJ/CS/DJC/df/sh
18 April 2006
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-045-06
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: 1664312 Ontario Incorporated
1.2 Rezoning: From Urban Residential Type Two (R2) Zone to General Commercial
Exception (C1-49) Zone to permit the conversion of the single detached
dwelling into an eating establishment on the ground floor only and a
reduction in the parking standards.
1.3 Location: 57 Mill Street South, Newcastle, located on the north-eastern corner of
Emily Street East and Mill Street South.
1.4 Site Area: 0.07 hectares (7535 ft?)
1.5 Application Received: February 10, 2006
2.0 BACKGROUND
2.1 The intention is to convert the building into a restaurant on the main floor only with a
publicly accessible area of 50m2. The 2nd floor is to be used for restaurant related
storage that would not be accessible to the public, except for a second washroom for
men.
2.2 Following further deliberations between the applicant, the owners and Planning Staff
regarding certain discrepancies between the submitted site plan and the application,
specifically with regard to parking requirements and floor area information, the applicant
submitted a revised site plan. A copy of the revised site plan is contained in Attachment
1.
2.3 Based on the revised site plan, the reduction of parking on site entails a shortfall of 2
parking spaces from the required 7 spaces. The applicant has informed staff that they
are not planning any changes to the exterior of the building; rather they make
improvements in keeping with the historic character of both the building and the
neighbourhood.
3.0 PROVINCIAL POLICY STATEMENT
3.1 The proposed amendment to Zoning By-law 84-63 is consistent with the Provincial
Policy Statement by enhancing the vitality and viability of downtowns and main streets.
4.0 OFFICIAL PLAN
4.1 Reoional Official Plan
The Durham Regional Official Plan designates the subject lands "Main Central Area".
Eating establishments and residential uses as components of a mixed use may be
REPORT NO.: PSD-045-06
PAGE 3
permitted within the Main Central Area. This proposal is thus consistent with the
Regional Official Plan.
4.2 Clarington Official Plan Policies
4.2.1 The subject lands are in the Main Central Area and designated "Mixed Use Area" within
the Newcastle Village Main Central Area Secondary Plan. This designation permits
retail, personal service and office uses, mixed use buildings, community facilities, home-
based occupation uses as well as residential uses. The definition of "Retail Uses"
encompasses a restaurant use. This application therefore conforms to the Clarington
Official Plan.
4.2.2 This development is subject to the following urban design policies as contained in the
Newcastle Village Main Central Area Secondary Plan:
· any parking developed on lands abutting Emily Street or at other locations where
parking areas are sited across the road from residential uses, will incorporate a high
quality landscape strip including a low wall and street trees to provide a sense of
enclosure to the street and screen the parking areas.
· Any fayade improvement will complement the historic character of the downtown
by using similar materials and styles;
. Signage will be appropriate in scale, placement and colour requiring adoption of
standard corporate signage to the character of the local area.
4.2.3 This development is also subject to the following urban design principles contained in
the Official Plan:
. the provision of direct pedestrian street access to buildings in each development,
wherever possible;
. land use compatibility between commercial and residential buildings shall be
achieved through appropriate building siting, design and landscape treatment;
· high quality landscape treatment shall be provided;
. building form and siting shall minimize the impacts of noise, wind and shadows and
shall enhance views of landmark buildings, parks and open space;
· refuse collection areas will be internal to buildings;
. loading areas and refuse collection areas shall be unobtrusive and screened where
necessary and shall generally be located at the side or rear of the building;
. common vehicular access and internal circulation including service lanes connecting
abutting properties should be provided where possible.
4.2.4 The Newcastle Main Central Area was also the subject of the recent Commercial Policy
Review that culminated in Amendments 43 and 44 to the Clarington Official Plan.
These amendments, although they have not taken effect, have no major implication on
the subject property except that the main building has been identified as a "Heritage
building" in the Newcastle Village Centre Secondary Plan.
REPORT NO.: PSD-045-06
PAGE 4
5.0 ZONING BY-LAW
5.1 The property is designated as "Urban Residential Type Two (R2)" which does not
permit the proposed restaurant. To permit the proposed development a rezoning
application was submitted for consideration.
5.2 The parking requirements for a restaurant are 1 parking space for every 7m2 of the total
floor area accessible to the public. A total of 7 parking spaces are thus required on
site. The proposed site plan only includes five parking spaces, which includes 1
handicapped parking space and 1 garage parking space.
6.0 SITE CHARACTERISTICS AND SURROUNDING USES
6.1 The application site includes:
. A single detached dwelling with accessory building is located on the subject
property. The principle building is a 2 storey brick building with a porch facing
Mill Street. The principle building is of typical Edwardian Classicism style and
has been identified as a "Heritage Merit" structure.
. A 1 storey frame addition (vinyl siding) of approximately 20 m2 on the north side
of the principal building and a single storey garage (also vinyl siding) of
approximately 40 m2 on the northern portion of the property have been added
later onto the property. A small storage structure of approximately 6 m2 is
located in the north-eastern corner, behind the garage.
. A vehicular entrance (6 m wide) to the site is off Mill Street.
. Except for a small tree, a narrow flower bed along Mill Street and foundation
planting, the site possesses no prominent landscape features.
REPORT NO.: PSD-045-06
PAGE 5
Proposed Redevelopment Site
6.2 The surrounding land uses:
· The area to the north and north-west, facing King Avenue, consist of a mixture of
shops, offices, eating establishments and residential uses that are housed in single
or 2 storey buildings which, in spite of a few additions, have retained their special
historical character. Parking for these businesses is found at the rear of the
buildings. A parking lot of a hardware store is located to the north-west, diagonally
across Mill Street. The sites immediately north and adjacent to the application site
are vacant (except for two small storage structures of approximately 6m2 each), as
well as the site to the north-north-east.
· The area to the east, west and south is predominantly low density residential and
consists of a mixture of single and 2 storey dwellings. The housing stock in the area
exhibits little change in the face of the changing urban environment, thus the reason
why a number of houses on Emily Street have been identified as heritage buildings.
· The dwelling house to the immediate east is approximately 21 m away: the
remainder of the site between the proposed restaurant and the said dwelling house
lies vacant.
· Newcastle United Church is located southwest, across the Emily Street/Mill Street
intersection.
· To summarise, the surrounding area consists of a partially developed mixed use
component north of the site and a predominantly low density residential component
to the south, east and west of the site. A common characteristic of the area is the
REPORT NO.: PSD-045-06
PAGE 6
rich diversity of historical buildings. Any redevelopment within the area should blend
in with and respect the historical character of the area.
Surrounding uses along Emily Street
7.0 PUBLIC NOTICE AND SUBMISSION
7.1 Public notice was given by mail to each landowner within 120 metres of the subject
property and a public meeting notice was installed on the property.
7.2 As of the writing of this report, two (2) comments/inquiries were received from the
public. Their comments/inquiries can be summarized as follows:
· Concern that the reduction in parking and the development of similar uses on the
northern side of Emily Street could result in parking to spill over into Emily Street and
pose a safety risk to residents.
· The question was posed whether Council could consider the installation of "no
parking" signs along the subject section of Emily Street.
A letter was also received from a member of the public in support of the rezoning
application, stating that Newcastle needs such a type of business and that the reduction
of parking should not be a problem because much of the parking would be outside
normal business hours.
REPORT NO.: PSD-045-06
PAGE 7
8.0 AGENCY COMMENTS
8.1 The Region confirmed the application's compliance with the Regional Official Plan and
offered the following comments with regard to transportation and access:
"This section of Mill Street is designated as a Type liB" Arterial Road in the
Durham Regional Official Plan and has a Right-of-Way (ROW) width requirement
of 20 to 26 metres in the Clarington Official Plan. Mill Street is tentatively
scheduled for reconstruction in 2007 where it will be widened from 2 to 3 lanes
within the existing 20 metre ROW. Part of the reconstruction will remove the
existing on-street parking. A ROW widening will be required should on-street
parking be necessary to accommodate the subject property."
The rest of their comments pertain to technical aspects that could be addressed through
the site plan process.
8.2 Ganaraska Region Conservation Authority has no objection to the rezoning.
8.3 Veridian has no objection to the rezoning but state that existing service to the building
may be inadequate.
8.4 The Accessibility Advisory Committee has raised certain concerns regarding access for
the handicapped inside and outside the proposed restaurant. These issues can be dealt
with through the Site Plan process.
8.5 The Clarington Engineering Services Department requested that the parking
requirements for this development be clarified and indicated that it does not endorse
any reduction in the normal parking requirement.
9.0 STAFF COMMENTS
9.1 There are 3 key issues that need consideration, namely:
· The character of the area;
· The character and scale of the intended use;
· Parking requirements.
9.2 The Character of the Area
9.2.1 As already mentioned in paragraph 4.2.1 of this report, the application site is located
within the Newcastle Main Central Area and in terms of the Secondary Plan it is
designated "Mixed Use". This application is clearly the fore-runner in starting the
implementation of the approved planning framework in this part of the Main Central
Area along Emily Street.
REPORT NO.: PSD-045-06
PAGE 8
9.2.2 Although the surrounding area is still predominantly low density residential, the need
exists to introduce uses north of Emily Street that would assist in the creation of a
smoother transition between the retail area along King Avenue and the low density
residential uses to the south of Emily Street. It would be desirable to introduce the type
and scale of uses in the designated mixed use area that would respect the character
and amenity of the established residential area south of Emily Street, while at the same
time defining the mixed use transition area.
9.2.3 The redevelopment of the designated mixed use zone will have an impact on the local
economy in that more jobs will be created, services provided for Newcastle residents
and the economic base of the town is further diversified, thus strengthening the
sustainability of the local economy.
9.2.4 As already mentioned, a number of buildings on Emily Street are heritage buildings.
Any redevelopment within the area should blend in with and be compatible with the
historical character of the area.
9.2.5 Another factor that defines the character of the area is Mill Street (Regional Road 17),
that runs past the application site. This road carries a significant amount of traffic. It is
anticipated that the north-south movement of traffic along this road will increase
significantly as the northern and southern parts of Newcastle get developed. The
Region therefore plans to widen the road in the near future.
9.3 The Character and Scale of the Intended Use
9.3.1 A restaurant, if limited in scale, can be an example of a "low key" use that can be
successfully introduced within the mixed use zone between Emily Street and King
Avenue. It is one type of use that can reuse a heritage building successfully.
9.3.2 Since the applicant already indicated that they are not planning any changes to the
exterior of the building, but rather making improvements in keeping with the historic
character of both the building and the neighbourhood, the physical impact of the change
of land use on the surrounding area will be minimal or none.
9.3.3 The proposal does not encompass a drive-in or drive-through facility and it is not a
bar/tavern. A slight increase in noise levels in the immediate area around the property
is anticipated but would most probably be restricted to lunch hour and dinner time and
would not be perceptible given the noise of background traffic.
9.3.4 The main entrance to the existing building and the proposed restaurant would be off
Mill Street, thus reducing any negative impact on the residential amenity along Emily
Street.
9.3.5 Since the hours of operations may extend late into the evening, and in view of the site's
proximity to residential land uses, aspects such as landscape screening, screening of
parking areas and unsightly utilities (e.g. waste receptacle), noise attenuation and the
provision of adequate parking will have to be considered in the redevelopment of the
site. Mitigating measures such as the provision of effective landscape screening along
REPORT NO.: PSD-045-06
PAGE 9
southern street frontage, prohibiting on-street customer parking on Emily Street, may be
imposed as to ensure maximum compatibility with the surrounding land uses.
9.4 Parkino Requirements
9.4.1 The revised site plan reflects a total of 4 (four) outdoor parking spaces on site, of which
one is for the physically handicapped, plus one enclosed parking space (within the
garage). In terms of the Zoning By-law, the garage parking space is to be included in
the parking calculation which leaves a shortfall of 2 parking spaces on site.
9.4.2 Visits to a restaurant are generally infrequent with peaks around lunch and dinner, and
are generally not associated with constant high traffic volumes. The amount of traffic to
and from the proposed restaurant site during the peak hours depends also upon other
factors such as the size of the venue. Although the publicly accessible space of the
restaurant is small (50m2), it is anticipated that from time to time, visitor parking may
spill over into the street.
9.4.3 There is on-street parking for 3 vehicles on Mill Street, in front of the proposed
development, as well as a couple of on-street parking spaces on the other side of Mill
Street, with a 2 hour parking restriction. There is also additional on-street parking on
King Avenue, within easy walking distance from the site. On-street parking may not be
considered in the calculation of required on-site parking, but it would fulfil the purpose of
overflow parking.
9.4.4 Many of the businesses in the central core (along King Avenue) close in the early
evening and additional on-street parking may then become available to other uses
within the village centre that have prolonged hours of operation, such as a restaurant.
However, human nature would tend to lead patrons to park on Emily Street due to its
closer proximity to the restaurant.
9.4.5 There are other uses in the area such as the Newcastle United Church which to a
certain extent rely on on-street parking. It would not be out of character for the area to
anticipate some on-street parking.
9.4.6 Planning staff do not have any objection to the reduced parking for this limited scale use
recognizing that some parking would occur on Emily Street and Mill Street. Most of this
parking will be for relatively short intervals. In the event that parking becomes more of a
concern than anticipated Council could implement some mitigation measures such as
prohibition of on-street parking on the south side of Emily Street.
10.0 CONCLUSIONS
10.1 It is concluded that there is sufficient merit, from a planning point of view, to support the
rezoning application to permit a restaurant with reduced parking standard within a
heritage building. The site plan process will be utilized to "maximize" the compatibility of
the new use with the surrounding land uses e.g. landscape screening, lighting and
screening of parking areas. Additional on-site landscaping will also be required,
REPORT NO.: PSD-045-06
PAGE 10
including new trees on the Mill Street frontage. Based on the comments in the report, it
is respectfully recommended that the rezoning application be APPROVED.
Attachments:
Attachment 1 - Key Map
Attachment 2 - By-law Amendment
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Attachment 2
To Report PSD-045-06
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006-
being a bylaw 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 former Town of Newcastle in accordance with
application ZBA 2006-0004 to permit the conversion of an existing dwelling into an eating
establishment.
NOW THEREFOf~E BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 16 5 "SPECIAL EXCEPTIONS - GENERAL COMMERCIAL (C 1) ZONE" is
hereby amended by adding thereto the following new Special Exception 16.5.49 as
follows:
"16.5.49 GENERAL COMMERCIAL EXCEPTION (C1-49) ZONE
Notwithstanding Sections 3.16 a), 16.1 and 16.3 a, b, those lands zoned C1-49 on the
Schedules to this By-law may only be used for an eating establishment without a drive
through facilily.
a) Regulations
i) Yard Requirements (minimum)
a) Front Yard
b) Rear Yard
c) Exterior Side Yard
ii) Lot coverage (max)
iii) Outdoor Parking (minimum)
iv) Publicly Accessible Area of eating establishment (maximum)
7.5 metres
19.5 metres
4.5 metres
50%
4 spaces
50 square metres
2. Schedule' 5" to By-law 84-63 as amended, is hereby further amended by changing the
zone designation from: "Urban Residential Type Two (R2)", to "General Commercial
Exception (C1-49)", as illustrated 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 34 of the Planning Act.
BY-LAW read a first time this
day of
2006
BY-LAW read a second time this
day of
2006
BY-LAW read a third time and finally passed this
day of
2006
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2006-
passed this day of ~ 2006 A.D.
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