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Home My WebLink AboutPD-39-99 . "" DN: PD-39-99 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT PUBLIC MEETING Meeti ng: General Purpose and Administration Committee File #tA4.7.BA. q9.Cb5' Res. #G?A-;:210 - 99 Date: Monday, May 3,1999 Report #: PD-39-99 FILE #: ZBA 99-005 By-law # Subject: REZONING APPLICATION APPLICANT: MUNICIPALITY OF CLARINGTON PART LOTS 28 AND 29, CONCESSION 5, FORMER TWP. OF CLARKE FILE: ZBA 99.005 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-39-99 be received; 2. THAT the rezoning application'initiated by the Municipality of Clarington be referred back to Staff for further processing and preparation of a subsequent report pending receipt of all outstanding comments, taking into consideration all of the comments reviewed; and, 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. BACKGROUND 1.1 The Orono BIA is concemed that conversion of the ground floor areas from commercial to residential uses could erode the commercial viability of the downtown. As a result, on February 8, 1999, Council passed the following motion: "THAT staff be directed to prepare a zoning by-law amendment that amends the provisions of the "General Commercial Exception (Cl-2) Zone" to permit residential units only on the second storey or. above as applied to Orono; and, THAT staff be authorized to advertise a Public Meeting on the zoning application." 601 . . REPORT NO.: PD-39-99 PAGE 2 1.2 The area subject to this rezoning application includes all properties in Downtown Orono on both sides of Main Street between Station Street and Mill Street. Attachment #1 indicates the limits of the study area. 2. OFFICIAL PLAN POLICIES 2.1 Within the Clarington Official Plan, the downtown Orono area is designated a "Local Central Area" (LCA). The area serves the day to day needs of local residents in Orono. Permitted uses within the area include commercial, residential, recreational, community, cultural, and institutional uses. The Plan designates 3,500 m2 of commercial floorspace, 1,000 m2 of office floorspace, and 50 units of medi urn density housing units. 2.2 Land uses are not specified for individual properties. Although the Plan encourages a mix of uses within the Orono LCA, the Plan is silent on which floors these uses are located within buildings. These issues are governed through the Zoning By-law. 3. ZONING .BY. LAW CONFORMITY 3. The study area is currently zoned "General Commercial Exception (Cl-2)", which permits residential and a variety of non-residential uses including commercial uses. Residential uses are permitted as part of a building containing permitted non- residential uses. Residential uses may be located on the ground floor provided permftted non-residential uses are present on some portion of the ground floor. Therefore, existing vacant space used for commercial purposes may be converted to residential uses provided that a portion of the ground floor contains a permitted non-residential use. In order to limit the conversion of ground floor areas from commercial to residential uses, a rezoning application is required. 4. PUBLIC NOTICE AND SUBMISSION 4.1 Public notice was given by mail to all landowners within the study area and each 602 . REPORT NO.: PD-39-99 PAGE 3 landowner within 120 metres. Notice of the meeting was also placed in the Orono Times Weekly and Canadian Statesman. 4.2 As of the writing of this report, four general telephone inquiries have been received from Orono residents to determine whether the proposal would impact their properties. 4.3 One written submission has been received from Mr. Don Prins, the owner of a building at 5324 and 5330 Main Street in Orono. The letter states that a commercial unit, which had previously been rented, is now vacant because the business could not generate sufficient revenue. Despite numerous attempts, in conjunction with the Orono SIA, to lease vacant commercial floorspace, the store remains empty. The owner now wishes to convert the vacant floorspace to apartment uses to generate revenue. 5. AGENCY COMMENTS 5.1 The application was circulated to various agencies for comment. The Clarington Public Works and Fire Departments have no objections to the proposal. 5.2 Comments are still outstanding from the Durham Region Planning Department, Durham Region Public Works Department, and Ganaraska Region Conservation Authority. 6. COMMENTS 6.1 Staff conducted a survey of downtown Orono that shows the following land use patterns. (see Attachment #2). 603 REPORT NO.: PD.39.99 PAGE 4 The study area contains 48 properties that are zoned "General Commercial Exception (Cl-2)". The following table indicates the breakdown of land uses by property. PROPERTY LAND USE NUMBER OF PROPERTIES Residential Dwelling 19 Aoartment Building 4 Residential Dwelling with Commercial Use . 2 Commercial 5 Institutional 2 Commercial with Ground Floor Apartments 1 Commercial with Ground and Second Floor Aoartments 1 Commercial with Second Floor Apartments 14 TOTAL PROPERTIES 48 The chart illustrates the following highlights: . A total of 19 properties within the area are used solely as residential dwellings; . A further 14 properties contain ground floor commercial uses with second floor apartments. No portion of the ground floor has been converted to residential uses. . Only one building contains a combination of ground floor commercial with ground and second floor apartments. . There are four buildings that only contain apartment units. These include the former hotel building and three downtown buildings that appear to have been converted entirely to residential apartments. 6.2 Based on the survey, it was difficult to determine the exact number of apartment units that are located on the ground floor without entering the premises. A detailed analysis would be required to determine these exact numbers. 604 " REPORT NO.: PD-39-99 PAGE 5 6.3 The Zoning By-law includes a substantial number of residential properties within the C1-2 zone. Many of these are on the periphery of the downtown and likely were zoned in anticipation of commercial expansion. In light of the concern of the BIA and staff's survey, it appears that the opposite is happening. It is. appropriate to examine the boundaries concurrent with the review of the regulations. 6.4 Should Council chooses to limit additional ground floor apartments in the future, existing ground floor residential uses would enjoy a legal non-conforming status as of the date an amendment to the Zoning By-law is passed. If the residential use on the ground floor ceases, the Owner would thim be limited to commercial uses on the ground floor. 6.5 As the purpose of this report is to satisfy the requirements for the Public Meeting under the Planning Act, and taking into consideration all of the comments received, it is respectfully requested that this report be referred back to staff for further processing and the preparation of a subsequent report. Respectfully submitted, Reviewed by, Ov~-flS)~ Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer. Davi Crome, M.C.I.P., R.P.P. Acting Director of Planning & Development RH*L PDC*df 22 Apri I 1999 Attachment #1 - Study Area Attachment #2 - Existing Land Use Map 605 . . REPORT NO.: PD-39-99 PAGE 6 Interested parties to be notified of Council and Committee's decision: Don Prins 7453 Old Scugog Road BOWMANVILLE, Ontario L1 C 3K2 Trudie Reid Box 527 ORONO, Ontario LOB 1 MO Tony Slavin do Century 21 Real Estate 600 Grandview Street South OSHAWA, Ontario L1 H 8P4 Mervyn Russell do Orono Community Association Box 262 ORONO, Ontario LOB 1MO 606 STUDY AREA LOT 29 LOT 28 I '--~-----td-- w a::: I- (f) ~ ~ / -~ ~. --,--1, ~ ~. .. i / V) ( , '- \ , ~ ORONO KEY MAP ZBA. 99-005 6Ul , -----, ATTACHMENT .1 ~tO Z o - en en w () z o () I / V ............ .. ............ .. ............ .. ............ .. .. .. .. .. .. .. +. :=:::=:::::::+ W .+.+..+..+.+.."..+ W 0::: .... (f) SABRA STREET N!A ................... .........,......... N!A ................... .....,............. ATTACHMENT .2 I. , , CENTRE STREET z <( ~ PARK STREET ......... ......... ........ .......... ........ .......... ........ ......... ........ .......... ......... ......... ................... .................... .................... ...........,....... ................... ...........-........ ................... Sl:, ~1;OA' if !;; 'v i;J }:] Sl'-?.c-~ -....J r::: '( F o LAND USES IN DOWNTOWN ORONO 1::::.1 Residential Dwelling IEm Lands Not Included .. Residential Apartment Building - Study Area ~ Commercial m Institutional MIXED USES I';"""'J Residential Dwelling With ~----1 Commercial With Ground E:3 Commercial With Ground I3BI Commercial with Second In Analysis Apartments I Commercial Use Floor Apartments and Second Floor Floor Apartments 6U8