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
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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
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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.
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® Zoning Change From "R1" To "C1-g"
Jim Abernethy, Mayor Pattl L. Barrie, Municipal Clerk
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