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HomeMy WebLinkAboutPSD-097-10Clarin~~ /n Leading the WayV -REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 13, 2010 Report #: PSD-097-10 Resolution #: ~'Pi~-YY7/oBy-law#: a0lb-/i3 File #: ZBA 2010-0016 Subject: APPLICATION FOR PROPOSED ZONING BY-LAW AMENDMENT APPLICANT: DEBORAH AND WILLIAM DOIRON RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-097-10 be received; 2. THAT the application to amend the Zoning By-law submitted by the Doiron's continue to be processed by planning staff and the comments received at the public meeting be the subject of a future report; and THAT all interested parties listed in Report PSD-097-10 and any delegations be advised of Council's decision. Submitted by: ~ ~'"-`~ Reviewed by: e angmaid, SLA, MCIP cting Director o Planning Services LB/COS/av September 3, 2010 40 ~~~~ ~ Franklin Wu, Chief Administrative Officer CORPORATION OF THE ONTARIO L OF CLARINGTON REPORT NO.: PSD-097-10 1.0 1.1 1.2 1.3 1.4 2.0 APPLICATION DETAILS PAGE 2 Applicant/Owner: Deborah and William Doiron Proposal: The Applicant proposes a rezoning from Urban Residential (R1) Zone to a cone appropriate for the proposed use as a professional office (midwifery clinic) Property Size: Location: BACKGROUND 687 m2 (0.17 acres) 147 Queen Street, Bowmanville 2.1 On June 1, 2010, Deborah and William Doiron submitted a complete application for rezoning to the Municipality of Clarington for the development of a professional office (midwifery clinic) located at 147 Queen Street in Bowmanville. 2.2 The "New Life Midwives" clinic is not a new business to Clarington. The business currently shares office space.in downtown Bowmanville but its client base has grown thus necessitating their own space. 2.3 The office will include a waiting area, a lunch room, a washroom and two client rooms. There will be only one midwife practicing at the clinic each day seeing expectant mothers for half hour appointments throughout the day. 2.4 The midwifery clinicprovides prenatal and postnatal care to women residing in the Clarington area: The services provided by the clinic are clinical in nature and will not involve live births or overnight stays. The clinic will not host group (Lamaze) classes on the premises either. 2.5 Three parking spaces have been provided as it is expected that the majority of patients will drive to the site. A manoeuvring area has also been planned so that a vehicle exiting the site may drive out. 2.6 The Applicant has submitted a Planning Rationale Report which outlines the need for this application. Staff has reviewed this Report in detail and incorporated all relevant information into this Public Meeting Report to Council. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property is located on Queen Street just south of King Street. It is currently asingle-detached home. The front yard is delineated by a white picket fence and a mature perennial and shrub garden. The interlocking front walkway leads to the covered entrance to the home. The applicant does not anticipate any additions or REPORT NO.: PSD-097-10 PAGE 3 external alterations to the structure and the intent is to maintain the character of the building as it complements the surrounding properties. 3.2 The surrounding uses are as follows North - Single family dwelling (adjacent white house in Figure 1) South - Single family dwelling East - Mixture of residential condominium and commercial (across the street) West - Bowmanville Creek valley (immediately behind the property) FIGURE 1 147 QUEEN STREET, BOWMANVILLE REPORT NO.: PSD-097-10 PAGE 4 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement The Provincial Policy Statement encourages a range and mix of residential and employment land uses within existing settlement areas. 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. This conversion from asingle-detached residential dwelling to a professional office is acost-effective method of minimizing land consumption and servicing costs as the building is already constructed and connected to existing municipal services. Also, it is located in area served by transit. The Applicant's proposal is considered to be in conformity with the intentions of the Provincial Policy Statement. 4.2 Provincial Growth Plan The Growth Plan encourages a sign cant portion of new growth in existing built-up areas of the community, including employment Qobs). 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 apedestrian-friendly urban environment. The subject property is in close proximity to the existing Highway 2 regional transportation corridor which supports both Durham Region Transit and GO Bus Services. 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. 5.0 OFFICIAL PLANS 5.1 Durham Reaional Official Plan The Durham Regional Official Plan designates the property as a "Regional Centre." These areas are to be developed as main concentration of urban activities, providing a fully integrated array of institutional, commercial, office, recreational and residential uses. REPORT NO.: PSD-097-10 PAGE 5 The Region has confirmed in their comments that the Applicant's proposal for a professional office within the existing building is considered to be in conformity with the Durham Regional Official Plan. 5.2 Clarington Official Plan Map A3 Land Use Bowmanville Urban Area designates the downtown area, including the subject property as Town Centre. The Town Centre is to be developed as the main concentration of urban activity providing an integrated array of retail and personal service, office, residential, cultural, community, recreational and institutional uses. Each Town Centre functions similarly but has a distinct character. Each Town Centre is to be comprehensively developed in accordance with their respective Secondary Plan. Within the Bowmanville East Town Centre Secondary Plan the subject property is designated Mixed Use Area. The Mixed Use designation permits a variety of uses including low density residential, personal service and office uses, limited retail uses including gift shops and mixed use buildings. The Secondary Plan notes that it is the intention of the Official Plan to allow for the conversion or redevelopment of existing structures to enhance this mixed use area. The current proposal to convert the existing single family dwelling into a professional office (midwifery clinic) is in conformity with the intent of the Official Plan. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands Urban Residential Type One (R1) category 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 SUMMARY OF BACKGROUND STUDIES 7.1 The Planning Rational Report provides a very comprehensive summary of the details of the proposed Midwifery clinic including operating hours (Monday -Friday 8:30 - 6 p.m), how the building will accommodate the practice and the services that are provided (office consultations). It also notes that group classes such as Lamaze training and birthing will not be provided on site. 7.2 The Planning Rational Report explains quite succinctly how the application is in conformity with the broader objectives of the Growth Plan and the Provincial Policy Statement in that it represents compact urban form, occurs within an existing settlement area and is connected to existing services. 7.3 The Planning Rational Report provides an accurate analysis as to how this proposal meets the objectives of the Regional Official Plan and the Clarington Official Plan. REPORT NO.: PSD-097-10 PAGE 6 8.0 PUBLIC NOTICE AND SUBMISSIONS 8.1 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 August 10) on the Queen Street. frontage for a period of one month prior to the scheduled public meeting on September 13, 2010. 8.2 At the time of writing this report, Staff has not received any objections in regard to the proposed conversion from asingle-detached residential dwelling to a professional office. 9.0 AGENCY COMMENTS 9.1 The Clarington Accessibility Advisory Committee, Emergency Services Department and the Operations Department have no objection to the proposed change of use. However, each has noted some minor requirements that will be addressed through the site plan approval process. 9.2 Clarington Engineering Services offers no objections to the change in use because the proposal will only generate low traffic levels and a manoeuvring area will be designed to reduce any traffic conflicts. 9.3 The Central Lake Ontario Conservation Authority has indicated that they offer no objections to the proposed use. This has been premised on the fact that there are no contemplated changes to the footprint of the existing building. They also note that the property is Regulated and as such prior to constructing the turnaround area (with pervious material), written permission from the Authority is required. 9.4 Enbridge Gas and Veridian Connections has offered no objections to the land use. 9.5 The Finance Department has confirmed that the taxes on this property are current. 10.0 STAFF COMMENTS 10.1 The Zoning by-law requires that professional offices must provide one parking space for every 30 mZ of floor space available to the public. The total floor area of the proposed use that will be available for public occupancy is approximately 90 mZ. 10.2 The small size and location next to the Bowmanville Creek valley limits the ability of this lot to provide more than three parking spaces. As such, the three parking spaces provided are appropriate for the proposed use as a professional office and meet the requirements of the Zoning By-law. 10.3 The land use contemplated must balance the requirements of the CLOCA, no changes to the structure and only pervious materials allowed for the manoeuvring area, with Engineering Services requirements for the manoeuvring area. In order to REPORT NO.: PSD-097-10 PAGE 7 do this a special exception zone is need to reflect only those uses that can be safely accommodated on site. 11.0 CONCLUSIONS 11.1 The purpose of Report PSD-097-010 is to satisfy the requirements for a Public Meeting under the Planning Act. It is respectfully recommended that Report PSD-097- 010 continue to be processed by staff. 11.2 Provided there are no significant issues raised at the Public Meeting and based on the comments in this report, it is recommended that the rezoning application submitted by Deborah and William Doiron could be approved. The draft Zoning By-law Amendment is contained in Attachment 2. Staff Contact: Lisa Backus Attachments: Attachment 1 -Key Map Attachment 2 -Zoning By-law Amendment List of interested parties to be advised of Council's decision: William and Deborah Doiron To Report PSD-097-10 ~~ N i .~ a y~yc C4 ~~ 5~ -Dy ~~ Y ~_ TRIKE AVENUE G fD 1 (n 3 ''EWE / .7 ~ m N 3 ip N ~ 1 ~ r 0 d d D W a , -~ ,~, 3 ~ D N o ~ ~ N o ~ ~ ~ GCUGGG STREET qP o 3 O Q ~ a Q o D 3 o 0 ~ ~ ~ n d ~ ~ S 3 ~ ~ ~ 3 3 ~ ~ ~ y ~~ F ~"y o~ ` _ ~ f G O ~ m ~ r ~ `F'sr ~, Q ~ g m To" set /9~ e ~ 3 O . ~" 9~ryv y 2 gst^M @ON.\ < (C F OZ S r 2 OM~ Attachment 2 To Report PSD-097-10 CORPORATION OF THE MUNICIPALITY OF CLARINGTON - - - BY-LAW NO. 2010- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2010-OD16; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: Section 16.5 "SPECIAL EXCEPTION -GENERAL COMMERCIAL (C1) ZONE" is herby amended by adding a new Special Exception as follows: "SECTION 16.5.9 GENERAL COMMERCIAL EXCEPTION (C1-9) ZONE Notwithstanding Sections 3.13 c.; 3.16 i. i); 16.3 a.i), ii), iii), iv); 16.3 b.; 16.3 d. those lands zoned "C1-9" on.the attached Schedule to this By-Law, shall only be used for a professional office and shall be subject to the following regulations. a. Regulations i) Lot Frontage 23.0 metres ii) Yard Requirements (minimum) a) Front 4.0 metres b) Interior Side Yard 1.8 metres on one side 10.9 metres on the other side c) Rear Yard 4.8 metres iii) Lot Coverage (maximum) 20 per cent iv) Height 10.5 metres v) Loading Spaces (minimum) Nil vi) Parking area entrance separation from a Residential Zone 1.4 metres Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Urban Residential Type 1 (R1) Zone' to "General Commercial Exception (C1-9) Zone."" 2. Schedule "A" attached hereto shall form part of this By-law. 3. 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 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2010 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2010- passed , this .day of , 2010 A.D. byo BTRE~T ~ST w C N 2 W W Q N ® Zoning Change From "R1" To "C1-g" Jim Abernethy, Mayor Pattl L. Barrie, Municipal Clerk 3 ~N p 3 T ~ s ~ ~ y °ym,~ 3 e 9 ~~ ~,~~ ~ ~ ` ~ ~ ~ ~ i g~ F ""~' II , °s a~~' w. BOWMANVILLE 4 ~ ~` zsa zmo-0oie _ r scxeou~a-