HomeMy WebLinkAboutPSD-062-07
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REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Tuesday, May 22,2007
Report #:
PSD-062-07
File #: COPA 2006-0006
and ZBA 2006-0035
~/Jlon *~t74-3Sg-01
By-law #:
Subject:
REZONING AND OFFICIAL PLAN AMENDMENT TO PERMIT A CHANGE IN USE
FROM A SINGLE-DETACHED DWELLING TO A PROFESSIONAL OFFICE
APPLICANT: SUSAN WOODLEY
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-062-07 be received;
2. THAT the application to amend the Clarington Official Plan submitted by Susan Woodley be
APPROVED and that a by-law be passed by Council to adopt Official Plan Amendment 56 to
the Clarington Official Plan as contained in Attachment NO.2 of Report PSD-062-07;
3. THAT the application to amend the Municipality of Clarington's Zoning By-Law 84-63, as
amended, submitted by Susan Woodley be APPROVED and that a by-law be passed by
Council to adopt the Zoning By-Law Amendment as contained in Attachment No. 3 of Report
PSD-062-07;
4. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning
Department and a Municipal Property Assessment Corporation (MPAC); and
5. THAT all interested parties listed in this report and any delegations be advised of Council's
decision.
Reviewed by: ~~
~ ranklin Wu
'u' Chief Administrative Officer
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-062-07
PAGE 2
1.0 APPLICATION
1.1 Applicant:
Susan Woodley
1.2 Owner:
Janice Seto
1.3 Proposal:
The Applicant proposes a rezoning from "Urban Residential
Type One (R 1-12)" to a zone appropriate for the proposed use as a
professional office. In addition, an Official Plan Amendment is
proposed that would change the land use designation from
"Community Facility" to "Mixed Use" within the Bowmanville East
Town Centre Secondary Plan.
1.4 Area:
Downtown Bowmanville
1.5 Location:
55 Temperance Street, Bowmanville, Lot 12, Concession 1,
Part Lots 157 and 158, Plan Grant, Block Q, now
RP10R2217, Part I.
2.0 BACKGROUND
2.1 On December 22nd, 2006, Susan Woodley submitted applications for an Official Plan
Amendment, Zoning By-Law Amendment and Site Plan Approval for the lands located
at 55 Temperance Street in Downtown Bowmanville. At a public meeting held on March
5, 2007, the applications were referred back to Staff for further processing and since
that time the Applicant has completed several revisions to their site plan drawings
based on comments received from Staff and circulated agencies. The revisions to the
proposal involved maintaining the existing rear yard as opposed to removing several
trees, and children's swing-set and a shed. Instead, the applicant now proposes to
provide parking in the existing driveway.
2.2 The Applicant has submitted a Planning Rationale Report, completed by their
Consultant, which outlines the need for these applications. Staff has reviewed this
Report in detail and incorporated all relevant information from the Rationale Report into
this Public Meeting Report to Council. The Rationale Report is available at the Planning
Services Department counter should anyone wish to view it.
3.0 SITE CHARACTERISTICS AND SURROUNDING AREAS
3.1 Site Characteristics
Located at 55 Temperance Street in Downtown Bowmanville, the subject property
currently has one vacant single-detached residential dwelling with an existing small
shed located in the rear yard. The Applicant is proposing that the single-detached
dwelling be converted to a professional office use (see Figure 1.0 on following page).
REPORT NO.: PSD-062-07
PAGE 3
An existing shed, children's swing-set and several mature trees are located in the rear
yard and the Applicant has informed Staff that it is their intention to maintain the trees,
children's swing-set and shed (see Figure 2.0 below). Additionally, the Applicant has
notified Staff that the exterior facades of the building are to be maintained in their
entirety.
Figure 1.0 - Existing building
Figure 2.0 - Rear yard with shed and trees
REPORT NO.: PSD-062-07
PAGE 4
3.2 Surroundinq Uses
North -
East -
Urban Residential, Condominium Building
Municipal Parking Lot, Clarington Community Resource Centre and
Water Tower
Downtown Mixed Use, Directly south is a Church and Post Office
Chiropractic Clinic, Bowmanville Museum, Hardware Store
South -
West -
4.0 PROVINCIAL POLICY
4.1 Provincial Policy Statement
The accommodation of a range and mix of residential and employment land uses are to
be encouraged. Other properties in the immediate area have already undergone
conversions such as that being proposed by the Applicant. This particular conversion
would be desirable in achieving a good mix of residential and employment land uses in
Downtown Bowmanville.
Further, the conversion of the single-detached residential dwelling to a professional
office would be a cost-effective method of minimizing land consumption and servicing
costs as the building is already constructed and will fully utilize existing municipal
services.
The Applicant's proposal represents a unique opportunity to ensure the protection of
significant built heritage in Downtown Bowmanville and should be viewed as being in
conformity with the intentions of the Provincial Policy Statement.
4.2 Provincial Growth Plan
Employment growth is to be accommodated by directing a significant portion of new
growth to built-up areas of the community. The existing single-detached residential
dwelling is not being used as such and a conversion to a professional office would be
seen as accommodating new employment growth in the existing built-up area of
Bowmanville.
The Growth Plan encourages good access to transit systems, as well as ensuring a mix
of uses and the creation of a pedestrian-friendly urban environment. The proximity of
the new professional office to the existing Highway 2 regional transportation corridor
provides convenient access to Durham Region Transit and GO Bus Services. The
existing building is within walking distance of many homes, has existing sidewalks
installed and the parking for the new professional office would be accommodated in the
side yard without taking away from the pedestrian environment.
In summary, the Growth Plan encourages cities and towns to develop as complete
communities with a diverse mix of land uses, a range and mix of employment and
housing types, as well as easy access to local stores and services. The Applicant's
proposal for a change in use conforms to the intentions of the Growth Plan.
REPORT NO.: PSD-062-07
PAGE 5
5.0 OFFICIAL PLAN
5.1 Durham Reoional Official Plan
The Durham Regional Official Plan designates the property as a "Regional Centre."
These areas are intended to contain the main concentrations of urban activities within
the area municipalities, including the professional office use that is being proposed by
the Applicant.
The Applicant's proposal for accommodating a professional office within the existing
building is considered to be in conformity with the Durham Regional Official Plan. The
Region has confirmed this in their comments to the Department.
5.2 Clarinoton Official Plan
The Clarington Official Plan currently designates the property as "Main Central Area"
and more specifically as "Community Facility" in the Bowmanville East Town Centre
Secondary Plan. This designation permits a range of community-based uses such as
libraries, cultural facilities, day cares, and schools, but the "Community Facility"
designation within the Bowmanville East Town Centre Secondary Plan does not permit
a professional office. As a result, the Applicant has proposed that the "Community
Facility" designation be changed to "Mixed Use" which would accommodate the
professional office use.
The requested "Mixed Use" land use designation within the Bowmanville East Town
Centre Secondary Plan would allow for the conversion of the existing single-detached
residential dwelling. The Applicant intends on maintaining the existing facade of the
building and ensures that any alterations will compliment the historic character of the
Bowmanville East Town Centre.
6.0 ZONING BY-LAW
6.1 The property is currently located within the "Urban Residential Type One Exception (R 1-
12)" Zone and as such a professional office is not a permitted use. The Applicant has
requested that the property be zoned appropriately for the professional office use which
is being proposed.
7.0 PUBLIC NOTICE AND SUBMISSIONS
7.1 Notice was given to the public by mail to each landowner within 120 metres of the
subject property and a public notice sign was installed by the Applicant on the
Temperance Street frontage for a period of one month prior to the public meeting that
was held on March 5, 2007.
REPORT NO.: PSD-062-07
PAGE 6
7.2 At the time of writing this report, Staff has not received any objections in regard to the
proposed conversion from a single-detached residential dwelling to a professional
office.
8.0 AGENCY COMMENTS
8.1 The applications and associated materials were circulated to a number of agencies for
comment. Clarington Emergency Services, Central Lake Ontario Conservation and
Veridian Corporation had no objections to the proposal.
8.2 Clarington Engineering Services has commented that the existing entrance to the
subject property is satisfactory for the proposed use. They have also reviewed the
submitted Site Servicing and Grading Plan and found it to be generally satisfactory.
8.3 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.
8.4 The Clarington Heritage Committee has commented that the structure is identified as a
Secondary property in the Municipality's heritage resource inventory. The Clarington
Official Plan policies regarding any changes to the exterior of the building do apply,
however; the Committee notes that no changes are being proposed by the Applicant.
8.5 The Clarington Accessibility Advisory Committee has requested that the Applicant
explore the possibility of installing an access ramp to facilitate access to the property
once the change in use to a professional office takes place.
8.6 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 their
review and approval.
8.7 Durham Planning Department has screened the applications against all relevant
Provincial Plans and responsibilities and is satisfied that no Provincial interests are
being compromised as a result of this application. The application is exempt from
Regional approval. If a decision is made and a Clarington Official Plan Amendment is
adopted it will be forwarded as required to the Region.
REPORT NO.: PSD-062-07
PAGE 7
9.0 STAFF COMMENTS
9.1 Staff has noted that the Applicant's original proposal to accommodate the required
number of parking spaces would have required the removal of several mature trees, a
children's swing-set and an existing shed. Given the nature and anticipated intensity of
the professional office use as described by the Applicant, it has been determined by
Staff that the existing on-street parking, adjacent municipal parking lot and existing
spaces in the driveway are sufficient. It is therefore the opinion of Staff that a reduction
in the number of parking spaces as required by Zoning By-Law 84-63 be granted, to
allow for the preservation of the trees, children's swing-set and existing shed in the rear
yard.
9.2 Staff has expressed concern that the small lot size might in the future threaten the
ability of the lot to adequately provide parking and landscaping should the professional
office use or the building it occupies be expanded. For this reason, it is the position of
Staff that the Zoning By-Law Amendment and future Site Plan Approval limit the scale
and intensity of the professional office use. Should a significant change in use take
place there may be a need to rezone the property and amend any site plan agreements
pertaining to the property.
10.0 CONCLUSION
10.1 Based on the comments contained in this Report, it is respectfully recommended that
Official Plan Amendment 56 and the rezoning application be APPROVED.
Attachments:
Attachment 1 - Key Map
Attachment 2 - By-Law and Proposed Official Plan Amendment
Attachment 3 - Proposed Zoning By-Law Amendment
List of interested parties to be advised of Council's decision:
Susan Woodley
Attachment 1
To Report PSD-062-07
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Attachment 2
To Report PSD-062-07
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007-_
being a By-Law to adopt Amendment No. 56 to the Clarington Official Plan
WHEREAS the Section 17 (22) of the Planning Act R.S.O. 1990, as amended, authorizes the
Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and
Amendments thereto:
AND WHEREAS the Corporation of the Municipality of Clarington deems it advisable to amend
the Clarington Official Plan to change the land use designation within the Bowmanville East
Town Centre Secondary Plan from "Community Facility" to "Mixed Use Area" on the lands
located at 55 Temperance Street in Downtown Bowmanville:
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That Amendment No. 56 to the Clarington Official Plan, being attached Explanatory
Text is hereby adopted.
2. This By-Law shall come into force and take effect on the date after the last day of
appeal.
BY-LAW read a first time this
day of
2007
BY-LAW read a second time this
day of
2007
BY-LAW read a third time and finally passed this
day of
2007
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
PURPOSE:
BASIS:
ACTUAL
AMENDMENT:
IMPLEMENTATION:
INTERPRETATION:
AMENDMENT NO. 56
TO THE CLARINGTON OFFICIAL PLAN
The purpose of this amendment is to permit a professional
office building on a property at 55 Temperance Street in
Bowmanville.
The amendment is based on the detailed review of an
application, with accompanying Planning Rationale Report,
submitted by Susan Woodley to convert an existing single-
detached dwelling to a professional office.
The Bowmanville East Town Centre Secondary Plan is
hereby amended by changing the land use designation from
"Community Facility" to "Mixed Use Area" on Map A of the
Secondary Plan as shown on Exhibit "A."
The provisions set forth in the Clarington Official Plan, as
amended, regarding the implementation of the Plan shall
apply in regard to this amendment.
The provisions set forth in the Clarington Official Plan, as
amended, regarding the interpretation of the Plan shall apply
in regard to this amendment.
EXHIBIT" A "To Official Plan Amendment No. 56
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Attachment 3
To Report PSD-062-07
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007-
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 2006-0035 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 C1-53, as follows:
"16.5.51 GENERAL COMMERCIAL EXCEPTION (C1-53) ZONE
Notwithstanding Section 16.1(b), Section 3.13, Section 3.16(a)(c)(d), and Section
3.16(e)(i) those lands zoned C1-53 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) Gross Floor Area (maximum) 131 sq. metres
b) Parking Spaces (minimum, not including 2 spaces
Disabled Parking Spaces)
c) Disabled Parkin!~ Spaces (minimum) Nil
d) Parking Space Size (minimum) 5.70 metres x 2.75 metres
d) Loading Spaces (minimum) Nil
e) Parking Aisle Width (minimum) 3.75 metres
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 (C1-53) Zone" as illustrated on the attached Schedule "An
hereto.
3. Schedule "An 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 ~;4 of the Planning Act.
BY-LAW read a first time this
day of
2007
BY-LAW read a second time this
day of
2007
BY-LAW read a third time and finally passed this
day of
2007
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2007- ,
passed this day of '12007 A.D.
J
~ Zoning Change From IR1-12" To IC1-53"
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
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