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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 CII +: II) III CJ ~ Z f- [/) <( w I- Z W :E -.::to oZ OW O:E -<( CO 8~ N..J <s:>- mal Nc) ~ Z o N 15 ~~: Ll ~l-1 H1nos' JlTll: ITIIlJ[/) ~W~~:p:j1S ~H:)~nH:) z _ -1 0 ;;;;; 2J ~ w <( u 'lS Q. III :E I: o :0:: III CJ o ...I ~ CII Q. e D.. 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Hinos i33~lS lllV\1 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. hiTi I \ I tDllrnf m \ KING AVENUE WEST KING AVENUE EAST BnJ EMILY ST, ~oo IrnCAROLlNE ~Tm. w ~ooST. E. eo 01;;:;: W W 0::: ro EDWARD ST. W. ---- ST. E. II II I 1\ IGI I I I I i I I Newcastle ~ , J: I- :::::l o (/) I- W w 0:: l- (/) Existing Waste Enclosure J ....J ....J :E EMILY STREET EAST ~ Zoning Change From 1R2" To IC1-49" John Mutton. Mayor Patti L. Barrie. Municipal Clerk \PAHK I \ \ ::r:: I- ::::> o (f) f- ~ ~ I!~ w .~~ ~ (f) ( w' > C2 o 0::: W ...J I- ::::> (.) r--- EDWARD STf IIlTIIIIII11 In