The URL can be used to link to this page

Home My WebLink AboutPSD-106-07 Cl~il1glOn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, September 17, 2007 'Re~IL\1iCY) #::)PI/~54 {)~Ol Date: Report #: PSD-106-07 File #: ZBA 2007-0025 By-law #: Subject: PERSONAL SERVICE SHOP APPLICANT: V. BOWEN, A. BOWEN AND M. WATSON RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-106-07 be received; 2. THAT provided there are no major issues raised at the Public Meeting, the application for Zoning By-law Amendment (ZBA 2007-0025), submitted by V. Bowen, A. Bowen and M. Watson to change the zone category of .33 ha parcel of land from "Residential Hamlet (RH) Zone" to "Residential Hamlet Exception (RH-26) Zone" to permit a personal service shop and that the By-law contained in Attachment 2 be APPROVED; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by:L . ~4{ Franklin Wu, Chief Administrative Officer ~ 10 September 2007 JW/COS/DJC/lw/df 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-106-07 Page 2 1.0 1.1 APPLICATION DETAILS Applicant: Kevin M. Duguay 1.2 Owner: V. Bowen, A. Bowen and M. Watson 1.3 Proposal: Personal Service Shop (Aesthetics - Reflexology) 1.4 Area: 0.3323 ha 1.5 Location: Part Lot 18, Concession 1 & 2, former Township of Darlington 2.0 BACKGROUND 2.1 On May 10, 2007, Mr. Kevin Duguay, on behalf of V. Bowen, A. Bowen and M. Watson, submitted an application for a Zoning By-law Amendment to allow for the existing use of a personal service Shop (Aesthetics - Reflexology) in 0.33ha of the subject land. 2.2 Prior to making the above application, the applicant had a pre-consultation meeting with planning staff on this application on March 8, 2007. 2.3 As part of the application, the applicant submitted the following documents/studies: . A Planning Report . Conceptual Site Plan Drawing dated March 28, 2007. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property is located on the south side of Regional Road 2 within the south- easterly part of the Maplegrove Hamlet (See Attachment 1). There is a two storey building and two garden-sheds on the site. The two storey building had been previously used as a real estate office. Since 1997, it has been used as a personal service shop (Enchanted Hands Day Spa). The property faces Highway 2 to the north and farmland to the south, while to the east and west there are residential properties. Maplegrove Hamlet area, particularly along Highway 2 is mainly characterized by single family residential buildings and commercial establishments such as a garden centre, doctor's office and some vacant residential lands. REPORT NO.: PSD-106-07 Page 3 FIGURE 1 A view of the property from Hwy 2 FIGURE 2 The view of the South side of the subject property looking from South 3.2 The surrounding land uses are as follows: North - Highway 2 and existing residential building to the North of Highway 2 South - Existing farm land East - Existing residential building West - Existing residential building REPORT NO.: PSD-106-07 Page 4 4.0 PROVINCIAL POLICIES 4.1 Provincial Policv Statement . Promotes efficient development and land use patterns accommodating an appropriate range and mix of residential, employment, commercial, industrial, institutional, recreational and open spaces. . In Rural areas, the developments shall be appropriate to the infrastructure which is planned or available. . In Rural areas, developments that are compatible with the rural landscape and can be sustained by rural service levels should be promoted. . Recreational, tourism and other economic opportunities should be promoted. 4.2 Greenbelt Plan The subject lands are designated as "Settlement areas outside the Green Belt" and therefore, the policies of the Green Belt Plan are not applicable to this site. 4.3 Provincial Growth Plan The Growth Plan guiding principles indicate that developments should provide different approaches to managing growth that recognizes the diversity of communities. The Growth Plan also states that Municipalities are encouraged to plan for a variety of cultural and economic opportunities within rural settlement areas. The applicant proposes a commercial use in the existing two storey building which creates economic opportunities in rural settlement areas. The application is in conformity with the Growth Plan. 5.0 OFFICIAL PLANS 5.1 Durham Reaional Official Plan The Durham Regional Official Plan designates the subject lands as "Hamlet Area". Hamlets shall be developed in harmony with surrounding uses and may consist of the following: . A variety of housing types, as well as community facilities; . Employment areas; and . Commercial uses that meet the immediate needs of the residents of the hamlets and surrounding rural area. Section 11.3.33 states that in the consideration of development applications abutting or adjacent to arterial roads, the area municipalities shall have regard to: a) The designation of complementary activities and uses in terms of density and intensity; b) The identification of additional potential transit routes and stops; REPORT NO.: PSD-106-07 Page 5 c) High quality design/signage and landscaping; and d) A development pattern that allows convenient walking to potential transit service. The proposal provides a commercial use that meets the need of the community and promotes pedestrian activity and transit service as it is located on a major transit route. The proposed use complies with the Regional Official Plan requirements. 5.2 Clarinoton Official Plan The principles of the Official Plan describes (Section 3.2.2) that the services are to be provided for employment, physical and social well-being of residents and encourage employment opportunities. Under the strategic directions on Housing, one of the objectives (Section 6.2) is to promote the maintenance, improvement and adaptation of existing housing. Section 7.1 states that the policies encourage retention of existing employment opportunities and creation of new opportunities. The proposal intention is to maintain the existing residential building, providing a service to the community while promoting economic development. One of the objectives of the Clarington Official Plan, under the section of residential neighbourhoods (Section 9.2) is to provide a variety of uses for each neighbourhood to service residents and to decrease the dependency on motor vehicles. The general policies of this section state that other uses may be permitted which by the nature of their activity, scale and design are supportive of, compatible with and serve residential uses. The proposed use is compatible with the surroundings and serves the community and conforms to these policies. The Clarington Official Plan designates the land as Hamlet Residential Area and Section 12.4 states that the Hamlet Residential areas shall be predominantly used for single detached residential dwellings. Other uses such as schools, community facilities, places of worship, general stores, home based-occupations, arts and craft shops, and farm related commercial uses are also permitted provided such uses are compatible with surrounding uses and do not detract from the character of the hamlet. The Official Plan states that development within a hamlet shall complement and enhance the historic character of the hamlet. The personal service shop could be considered as a typical use in a village or hamlet, as such a use does not detract from the character of the hamlet. Therefore, the proposed use would conform to the Official Plan land use policies. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands as RH - Residential Hamlet Zone and permits a single detached dwelling, home occupation uses, cemeteries and places of worship. A personal service shop is not a standard permitted use of this zone and therefore this application requires an Amendment to the current Zoning By-law. REPORT NO.: PSD-106-07 Page 6 7.0 SUMMARY OF BACKGROUND STUDIES 7.1 A Planning Report has been provided to support the application. The findings of the report are as follows: . The current use of Personal Service Shop was originally established in 1997 and originally it was started as a home occupation - business. . The proposed use, a personal service shop would be a typical use within a village or hamlet area. . The existing building is compatible with surrounding buildings and properties and the property is located amidst a range of land uses including rural residential, agricultural, highway commercial and new suburban residential and planned major commercial uses. . No modifications to the existing building are required or proposed. 8.0 PUBLIC NOTICE AND SUBMISSIONS 8.1 Pursuant to the requirements of the Planning Act, the signage acknowledging the application was installed on the subject lands on August 24, 2007. In addition, notice of the application was mailed to each landowner within the prescribed distance of 120 metres from the site on August 17, 2007. 8.2 The resident who lives at the neighbouring property to the west, commented that: . Water comes from the subject property onto his property during rain storms, as the subject property does not have a proper storm water drainage system along the west boundary; and . Disturbance due to the headlights from the vehicles trespassing on the subject property. 8.3 No other public comments have been received at the time of writing this report. 9.0 AGENCY COMMENTS 9.1 The application was circulated to relevant agencies on May 22, 2007, and the following comments were provided. . Clarington Engineering Department had no objection to the application. The following technical issues will be dealt with as part of the site plan process. ~ The internal driveways should be able to accommodate 2-way traffic; ~ A lot grading and drainage plan detailing the configuration of the on-site storm sewer system and conveyance of the overland flow from the site; and ~ A site plan agreement should be executed. . Clarington Building Division has no objections to this application. REPORT NO.: PSD-106-07 Page 7 . The Emergency and Fire Services and Operations Departments have no objections. . The Durham Regional Planning Department has no objections and provided the following comments for the rezoning and site plan application: ~ The subject property is designated "Hamlet" in the Durham Regional Official Plan and Hamlets are to be developed in harmony with surrounding land uses and may consist of commercial uses that meet the immediate needs of the residents of the hamlet and the surrounding rural areas; and ~ 3M wide road widening is required through the site plan control process. . The Regional Health Department commented that the applicant should submit: ~ A site plan showing tile bed and tank size; and ~ Sewage flow rates of proposed shop. . The Durham Regional Transit Department has no comments and concerns with this application. 10.0 STAFF COMMENTS 10.1 The Durham Regional Official Plan supports the commercial uses that meet the immediate needs of the residents of the hamlet and surrounding rural areas. The Clarington Official Plan (Section 12.4) permits commercial uses in hamlets such as general stores, home based-occupations, arts and craft shops, and farm related commercial uses provided such uses are compatible with surrounding uses and do not detract from the character of the hamlet. A personal service shop would be a typical use within a village or hamlet area. It is appropriate to consider a personal service shop as a desirable use which creates minimal impact on surrounding uses. The proposed use is justifiable based on the policies of both Regional and Clarington Official Plans. 10.2 The subject property is located amidst a range of land uses including rural and sub- urban residential, agricultural and major commercial uses. The subject property fronts to Highway 2 and is close to the west edge of the Bowmanville West Town Centre and the current road infrastructure has the required capacity to deal with any traffic issues. 10.3 The applicant has forwarded a site plan drawing of the subject property and no building alterations or additions are required or proposed. The proposed use will be confined to the existing building on the site. No building elevation changes have been proposed, thus, it is intent of the applicant to retain the existing historic character of the two storey building. The site has an adequate area for on-site parking. The ongoing site plan review will deal with aspects such as on-site parking, stormwater drainage and landscaping. 10.4 As the personal service shop is not a standard permitted use within the Residential Hamlet Zone, a site specific Zoning By-law Amendment is recommended for this site by restricting the use to the existing building and the site. The applicant is required to make an application for site plan approval that will deal with technical issues such as landscaping, drainage, on site parking and entrances. The issues raised by the REPORT NO.: PSD-106-07 Page 8 neighbours, such as storm water drainage and light trespass, will also be addressed through the site plan approval process. 11.0 CONCLUSIONS 11.1 In consideration of the comments received from the circulated agencies the public and our planning review of the proposal, it is recommended that provided there are no major issues raised at the Public Meeting, that the application for Zoning By-law Amendment (ZBA 2007-0025) submitted by V. Bowen, A. Bowen and M. Watson to change the zone category of a .33 ha parcel of land from "Residential Hamlet (RH) Zone" to "Residential Hamlet Exception (RH-26) Zone" to permit a personal service shop and that the By-law contained in Attachment 2 be PASSED. Attachments: Attachment 1 - Key Map Attachment 2 - Zoning By-law Amendment List of interested parties to be notified of Council's decision: V. Bowen A. Bowen M. Watson Kevin M. Duguay Ross Alldread Attachment 1 To Report PSD-10S-Q7 J c ~ .= "l: .. C ~ .. E ~ o !!:. Q. .. :!! c o :;:; .. u o ..J ~ .. Q. o ~ D.. I- Z w :!! ."c Nifi g:!! lee ""'3: gee N~ <(> mID NC> ~ z o N 3h~ 31d'9't'\l ~ ~ t; ~ . J..fIt $ ~l ~ ~ ~.. g: .:t ;j it Q ... SCS~L M.O<:.LLN o o 000 IJJ [I] LL'LZL M.Ol:.L IN ~ 'g C lG C CI) ~ ID <C . c co Cl)J!l ~ lG ~3: >:E ;.: CI) c ~ o on .., '" N '" 1ll ~ Attachment 2 To Report PSD-106-07 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 is advisable to amend By-law 84-63, as amended, of the former Town of Newcastle in accordance with applications ZBA 2007-0025 to permit a Personal Service Shop (Aesthetics- Reflexology) as a permitted use; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 9.3 "Special Exceptions - Hamlet Residential (RH) Zone" is hereby amended by introducing a new sub-section 9.3.26 as follows: "9.3.26 HAMLET RESIDENTIAL EXCEPTION (RH-26) ZONE Notwithstanding Section 9.1 and 9.2 those lands zoned RH-26 on the Schedules to this By-law, in addition to other uses permitted in the Residential Hamlet (RH) Zone, be used for a Personal Service Shop (Aesthetics - Reflexology) subject to the following zone regulations: a) Regulations i) Front Yard set back (minimum) ii) Rear Yard Set back (minimum) iii) Interior side yard set back (minimum) iv) Total gross floor area of buildings (maximum) 50 m 60 m 6m 250 sq m" 2. Schedule "2" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Residential Hamlet (RH) Zone" to "Residential Hamiel Exception (RH-26) Zone" 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 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 .2007 A.D. . ~ . ~ II"', &12'_ J V///.I Zoning Change From "RH" To "RH-26" Jim Abernethy, Mayor Patti L Barrie, Municipal Clerk Tl Maple Grove ~ '" j ! 1f;~ " !:i o J: BLOOR STREET I~[