HomeMy WebLinkAboutPSD-090-06
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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
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. eport PSD-090-06
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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.
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Zoning Change From
"R1-12" To "C1-51"
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John Mutton, Mayor
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Patti L Berrie, Municipal Clerk
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