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HomeMy WebLinkAboutPSD-090-06 CI![-!lJglOn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday, September 5, 2006 Report #: PSD-090-06 File #: ZBA 2006-0020 By-law #: donG -170 . GPA > 36'5 'DG . Subject: REZONING TO PERMIT A PROFESSIONAL OFFICE WITHIN AN EXISTING BUILDING APPLICANT: MURRAY VISSER RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-090-06 be received; 2. THAT provided that no significant issues are raised at the public meeting, the application to amend the Zoning By-law submitted by Murray Visser be APPROVED and that the attached Zoning By-law Amendment be adopted by Council; and, 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Davi J. Director r me, M.C.I.P., R.P.P. Planning Services Reviewed by: 6 ~~~ Franklin Wu, Chief Administrative Officer GF/COS/DJC/df 22 August 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-090-06 PAGE 2 1.0 1.1 APPLICATION DETAILS Owner: Kenneth James Lynch 1.2 Applicant: Murray Visser 1.3 Rezoning: from "Urban Residential Exception (R1-12) Zone" to an appropriate zone to permit a professional office on the property 1.4 Location: 120 Queen Street, Bowmanville, Part Lot 12, Concession 1, Former Township of Darlington 2.0 BACKGROUND 2.1 On June 27, 2006, the Planning Services Department received a rezoning application to allow for a professional office as a permitted use within the existing building on the site. The Applicant plans to maintain the current architectural character of the building and there are no alterations proposed to the exterior of the building. 2.2 The Applicant has also submitted a site plan approval application (SPA 2006-0017) and appropriate detailed plan drawings demonstrating how the professional office as a use will be accommodated on the property. 3.0 PUBLIC NOTICE AND SUBMISSIONS 3.1 Public notice was given by mail to each landowner within 120 metres of the subject property and a public notice sign was installed by the Applicant on the Queen Street frontage. 3.2 As of the writing of this report, Staff has not received any objections to the proposal. One letter of support was received from Irwin Hamilton who stated that this rezoning application to permit a professional office would have a positive effect on the area. 4.0 SITE CHARACTERISTICS AND SURROUNDING AREAS 4.1 Located on the north side of Queen Street, the lands are occupied by a two storey 220m2 building (see Figure 1.0 on following page). The building is currently used as a single-detached residential dwelling with a detached two-car garage in the rear of the property. The site is relatively level with several large beech trees located in the front side and rear of the property. 4.2 Surrounding Uses: North: East: South: Downtown Commercial Commercial (Funeral Home) Single-Detached Residential, Rotary Park and Bowmanville Senior Public School Single-Detached Residential, Church and Commercial West: REPORT NO.: PSD-090-06 PAGE 3 Figure 1.0 - Existing building at 120 Queen Street in Bowmanville 5.0 PLACES TO GROW 5.1 The recently introduced Growth Plan for the Greater Golden Horseshoe promotes the building of compact, vibrant and complete communities. One of the features of a complete community according to the Plan is a good mix of land uses, as well as a good mix of job types. The rezoning of this site to permit a professional office is consistent with the policies found within the Growth Plan for the Greater Golden Horseshoe approved on June 16, 2006. 6.0 PROVINCIAL POLICY STATEMENT 6.1 The Provincial Policy Statement identifies settlement and downtown areas as the focus of growth and their vitality and regeneration should be promoted. Rezoning of this site to allow for a professional office as a permitted use is consistent with the Provincial Policy Statement. 7.0 OFFICIAL PLAN CONFORMITY 7.1 The Durham Region Official Plan designates the subject property "Main Central Area." This designation is to provide an array of community, office, service and shopping, recreational and residential uses. This proposal for a professional office on this property conforms to the Regional Official Plan. REPORT NO.: PSD-090-06 PAGE 4 7.2 The subject property is also designated as a "Mixed Use Area" in the Bowmanville East Main Central Area Secondary Plan. While the "Mixed Use Area" currently contains predominately residential buildings, it is the intention of the Bowmanville East Main Central Area Plan to allow for the conversion or redevelopment of existing structures to enhance the character of the area. It should be noted that the Applicant intends to retain the existing fac;:ade of the building and is proposing no additions to the existing structure, both of which are encouraged by these policies. B.O 8.1 9.0 9.1 9.2 9.3 9.4 This proposal for a professional office conforms to the Bowmanville East Main Central Secondary Plan, including recent changes made to the Clarington Official Plan as part of the recent Commercial Policy Review and associated Secondary Plans Amendments. ZONING BY-LAW CONFORMITY The property is currently zoned "Urban Residential Exception (R1-12)" which does not allow for a professional office as a permitted use. As a result, the Applicant has submitted this rezoning application for consideration. AGENCY COMMENTS The rezoning and site plan applications were circulated to a number of agencies for comment. Clarington Emergency Services, Central Lake Ontario Conservation and the Durham Region Planning Department had no objections to the application. At the time of writing this Report, no comments or concerns have been received from the Accessibility Committee, LACAC, or the Clarington Operations Department. The Clarington Engineering Services Department are concerned that the topography of the subject lands and the adjacent boulevard area will not allow for the construction of a proper commercial entrance and driveway. 'Ihey have, however, agreed that the unique character of the property means that the jpPlicant should be granted some relief from this requirement. The Building Division will require a "Change of Use" permit or a "Building" permit to convert the existing single family dwelling to a professional office. This may also involve the Applicant having to pay Municipal, Regional and the two school board development charges prior to the issuance of the building permit. This determination is made by the Building Division on receipt of the building permit application and required accompanying detailed plan drawings. Durham Region Works Department commented that Regional Development Charges will be applicable to the subject development for any proposed additions to the existing structure and due prior to issuance of a building permit by the local municipality. In addition, should the Applicant require additional or larger municipal water and sewer services, a detailed site-servicing drawing must be submitted to the Region for review and approval. REPORT NO.: PSD-090-06 PAGE 5 9.5 Veridian Corporation has commented that existing services to the building may be inadequate. Details regarding a service upgrade for the building can be obtained by contacting Veridian's offices. 10.0 STAFF COMMENTS 10.1 ParkinQ and Access (i) The Zoning By-Law requires that all professional office uses provide one parking space per 30 square metres of gross floor area of the building not including the basement. This will require the Applicant to provide eight parking spaces. The Applicant has proposed that seven parking spaces be provided. Given that on- street parking is located to the west on Temperance Street and to the east on Division Street staff have no objection to the reduction of one parking space. (ii) The new professional office use would require under the Zoning By-Law that a minimum width of 8.0m for two-way traffic or 4.5m for one-way traffic be provided for parking aisles. The existing driveway on the site does not meet either of these requirements. Staff has noted that a large Beech tree, existing retaining wall and sidewalk, as well as the location of the existing building foundation on the site is likely to result in the Applicant requiring some form of relief from these Zoning By-Law provisions (See Figure 2). The Bowmanville East Main Central Area Secondary Plan emphasizes the importance of providing redevelopment opportunities, while at the same time preserving local heritage character. Given the restricted use and the limited traffic anticipated, staff have no objection to the reduced lane width. Appropriate signage would be required through site plan approval. REPORT NO.: PSD-090-06 PAGE 6 (iii) The professional office use requires that one loading space be provided. Given the nature of the business, staff have no objection to this change. (iv) The Applicant also requested relief from the requirement to provide a handicapped parking space. Staff do not concur. 10.2 Traffic Impact The proposed use as a professional office with approximately eight employees does not create any significant increases in traffic counts or concerns with other adverse traffic impacts along Queen Street in Bowmanville. 11.0 CONCLUSION 11.1 The application for rezoning meets Official Plan policies. The proposed use is encouraged and there are no foreseen parking or traffic problems. It is important that the existing character of the property, namely, the structure itself and large beech trees, be protected and maintained in this expansion of a local downtown business. 11.2 Based on the comments in this report and provided that no significant issues are raised at the public meeting, it is respectfully recommended to Council that the rezoning application submitted by Murray Visser on behalf of Kenneth James Lynch be APPROVED and that the attached Zoning By-law Amendment be adopted by Council. Attachments: Attachment 1 - Key Map Attachment 2 - Zoning By-Law List of interested parties to be advised of Council's decision: Kenneth James Lynch Murray Visser Irwin A. Hamilton - C II> Q E N '0 Q C Q II> I E :g < !? ~ ... ra <C -; m~ N Cl C '2 o N To R Attachment 1 . eport PSD-090-06 .c u C ..~ 3l Ul Ul II> .- E > ra >>-, E .c .. - ::I II> :::E 2 .. Gl 'Eli: ra .. u .. ,- Gl a.C ~~ ~ f.... "'~ lip .., ~ ti ~ ~ Cf Attachment 2 To Report PSD-090-06 THE CORPORATION OF THE MUNICIPALl1Y OF CLARINGTON BY-LAW NO. 2006-_ 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 former Town of Newcastle in accordance with applications ZBA 2006-0020 to permit a professional office as a permitted use; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. By adding a new Section 16.5.51 respecting lands zoned C1-51, as follows: "16.5.51 GENERAL COMMERCIAL EXCEPTION (C1-51) ZONE Notwithstanding Section 16.1(b), Section 3.13, Section 3.16(a), Section 3.16(a)(iii) and Section 3.16(b)(ii), those lands zoned C1-51 on Schedule "A" of this By-Law shall only be used for one professional office and shall be subject to the following zone regulations: a) b) c) d) Gross Floor Area (maximum) Parking Spaces (minimum) Loading Spaces (minimum) Minimum Parking Aisle Width of 220 sq. metres 7 spaces Nil 3.68 metres for a maximum length of 36.5 metres north of the Queen Street road allowance." 2. 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 (C1-51) Zone" as illustrated on the attached Schedule "A" hereto. 3. Attachment "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. , 0(/", <'<>$ '~I\I "", &J)r, ~~ ~ Zoning Change From "R1-12" To "C1-51" " " " " " " " John Mutton, Mayor " " " '- , Patti L Berrie, Municipal Clerk w " '" -' o () , \ \ \ , , \ \ \ \ \ \ \\'11 , I ~, .~ \ , \ \ ( ri \, / Bowmanville