HomeMy WebLinkAboutPSD-051-12 Clarington REPORT
PLANNING SERVICES DEPARTMENT
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: November 26, 2012 Resolution #: By-law#:
Report#: PSD-051-12 File#: ZBA 2012-0015
Subject: TO CONVERT AN EXISTING RESIDENTIAL BUILDING AND PROPERTY TO
PERMIT PROFESSIONAL OFFICE AND LIMITED COMMERCIAL USE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-051-12 be received;
2. THAT provided there are no significant issues raised at the Public Meeting, it is
recommended that the application to amend the Zoning By-law be approved, and
that the draft Zoning By-law Amendment, as contained in Attachment 1 to Report
PSD-051-12, be passed;
3. THAT the Durham Regional Planning Department and Municipal Property
Assessment Corporation be forwarded a copy of Report PSD-051-12 and
Council's decision; and
4. THAT all interested parties listed in Report PSD-051-12 and any delegations be
advised of Council's decision.
Submitted by: Reviewed by:
avi . Crome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
PW/COS/ah
November 16, 2012
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: PSD-051-12 PAGE 2
1. APPLICATION DETAILS
1.1 Owner: Theresa Vanhaverbeke in trust for Syvan Developments Limited
1.2 Proposal: To convert an existing residential building and property to permit:
• Business, Professional or Administrative Office
• Bank (Financial Office)
• Commercial School
• Child Care Centre (Day Nursery)
• Retail Commercial Establishment
• Light Service Shop
• Personal Service Shop
• Accessory Dwelling Units
1.3 Area: 918 m2
1.4 Location: 86 Emily Street, Newcastle
2. BACKGROUND
2.1 The Owner of the subject property currently operates a property management
business from a commercial property on Robert Street in Newcastle. The Owner has
expressed an interest to relocate their existing business to the subject site.
As a result, on September 10, 2012, the Owner submitted an application to amend the
Zoning By-law to accommodate the conversion of an existing residential dwelling in
order to permit a professional office and limited commercial use.
2.2 At this time it is the Owner's sole intent to occupy the existing building on-site with the
professional offices of their property management business. However, in order to
provide the greatest flexibility in reusing this site in the future, the Owner has also
requested permission for a number of additional commercial uses.
2.3 In converting the existing building to commercial use, the Owner has expressed his
intent to preserve the exterior of the building while making only minor renovations to
the interior at this time.
3. LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject property is located on a principally residential street one block south of
King Avenue West. This application represents the first conversion of a residential
building to commercial use within this block of Emily Street (between Church Street
and Baldwin Street).
REPORT NO.: PSD-051-12 PAGE 3
3.2 The existing building is located on the easterly side of the property with the current
and proposed parking area located in the centre and along the west side of the
property respectively.
3.3 The building at 86 Emily Street is identified as a structure of merit on the Municipal list
of heritage properties. Heritage merit buildings retain the majority of their original
architectural features but are not the primary or secondary example of a single
architectural style in Clarington. At this time, no significant cultural relevance or
architectural features have been recorded for this property,
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FIGURE 1
View of the subject property from Emily Street facing north.
3.4 The surrounding uses are as follows:
North - Commercial
South - Low-density residential
East - Vacant residential
West - Low-density residential
4. PROVINCIAL POLICY
4.1 Provincial Policy Statement
The purpose of the Provincial Policy Statement (PPS) is to promote efficient land use
and development patterns in order to protect the environment, public health and safety
and facilitate economic growth.
REPORT NO.: PSD-051-12 PAGE 4
Redevelopment of land is encouraged where it represents compact form, occurs
within an existing settlement area, is connected to existing services and does not
negatively impact the natural environment. The subject land is located within the
existing settlement area of Newcastle and possesses connections to existing
Municipal services. In addition, no negative impacts to public health or the natural
environment are anticipated by this proposal.
The proposed conversion from residential to commercial use is in keeping with the
objectives of the Clarington Official Plan; it represents the kind of efficient land use
and development pattern that is promoted by the PPS. The conversion of the subject
property will help to reinforce the identification of King Avenue as the downtown of
Newcastle and provide supplemental support for King Avenue as a main street.
This application conforms with the Provincial Policy Statement.
4.2 Provincial Growth Plan
The policies of the Provincial Growth Plan promote the creation of compact, complete
communities that are transit-supportive and pedestrian-friendly. Part of the intent of
the Growth Plan is to manage growth in a manner that will optimize existing
infrastructure and support a strong economy. The first priority of growth shall be to
seek to intensify within existing built up areas. The subject property lies within the
built-up area, as identified by the Provincial Growth Plan. The Owner's proposed
conversion from residential to commercial use will achieve the objectives of the
Growth Plan to maintain a complete community and support a strong economy.
Though not proposed at this time, this application may facilitate the future
intensification of this site through the introduction of a broader range of land uses than
are permitted today.
This application conforms with the policies of the Provincial Growth Plan.
5. OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the subject property "Regional Centre".
Regional Centres shall be developed as the main concentration of commercial,
residential, cultural and government functions within urban areas.
This proposal conforms with the Durham Regional Official Plan.
5.2 Clarington Official Plan
The Clarington Official Plan designates this property as "Street-Related Commercial
Area" within the Newcastle Village Centre Secondary Plan (NVCSP).
REPORT NO.: PSD-051-12 PAGE 5
The goal of the Plan is to "strengthen the role of the Village Centre as the functional
and symbolic point of economic, social and cultural activity in Newcastle Village." One
of the objectives identified in the NVCSP that will assist in achieving this goal is to
"provide for the redevelopment of the Village Centre with emphasis on increased
densities..." Though intensification is not proposed at this time, expanding the range
of permitted land uses could lead to future intensification of this site.
Within the NVCSP, the "Street-Related Commercial Area" designation permits the
following uses:
• retail, personal service and office uses;
• residential dwellings generally above the ground floor;
• recreational and cultural uses including theatres and places of entertainment but
not including video arcades and adult entertainment uses; and
• community facilities.
Each of the proposed land uses requested by the Owner conforms with the "Street-
Related Commercial Area" designation.
Section 10 of Report PSD-051-12 includes further discussion of the proposed land
uses, off-street parking and an explanation of how the urban design policies of the
NVCSP will be addressed.
This application conforms with the policies of the Clarington Official Plan.
6. ZONING BY-LAW
6.1 Zoning By-law 84-63 zones the subject parcel of land "Urban Residential Type 2
(R2)". The Owner has requested that the zone category be amended from "R2" to an
appropriate commercial zone sufficient to permit all of the requested uses.
The proposed Zoning By-law Amendment is seeking the broadest possible
redevelopment options for this property while being mindful to respect the existing
residential character of this block of Emily Street.
7. PUBLIC NOTICE AND SUBMISSIONS
7.1 Public notice was given by mail to each landowner within 120 metres of the subject
site and a public meeting notice sign was installed on the property. The public notice
was also posted on the Municipal website and in the Planning Services electronic
newsletter.
REPORT NO.: PSD-051-12 PAGE 6
8. AGENCY COMMENTS
8.1 The Durham Regional Planning Department has no objections to the proposed
change in land use.
9. DEPARTMENTAL COMMENTS
9.1 Emergency and Fire Services / Engineering Services
The Emergency and Fire Services Department along with the Engineering Services
Department have confirmed that they have no objection to the approval of this
application.
9.2 Finance Department
The Finance Department has confirmed that the taxes on this property have been paid
up-to-date.
10. DISCUSSION
10.1 The development and growth of downtown Newcastle will require the presence of
various residential and non-residential uses in order to achieve long-term viability.
The Owner has requested permission to operate the following office, retail and service
uses.
Office Use
Business, Professional or Administrative Office
Bank (Financial Office)
Service Use
Commercial School
Child Care Centre (Day Nursery)
Light Service Shop
Personal Service Shop
Retail Use
Retail / Commercial Establishment
10.2 Each of the proposed uses conform with the goal and objectives of the Newcastle
Village Centre Secondary Plan as well as the general policies of the Clarington Official
Plan. It is anticipated that the proposed uses will have a limited impact on the existing
residential character of this block of Emily Street.
REPORT NO.: PSD-051-12 PAGE 7
10.3 Accessory Dwelling Unit
In traditional downtown areas, accessory dwelling units are permitted as a compliment
to the principal use of commercial properties. This is commonly implemented by the
inclusion of apartments on the upper floors of mixed-use buildings while commercial
uses occupy the ground floor. If this application is approved, residential use will no
longer be permitted on this property unless they are preceded by an approved
commercial use. The proposed Zoning By-law Amendment will not permit the subject
property to be exclusively used for residential apartments.
10.4 Urban Design
The Newcastle Village Centre Secondary Plan (NVCSP) requires the adaptive reuse
of structures which possess historic or architectural significance. The Owner's
proposed occupancy and preservation of the existing building conform with the
NVCSP.
In conjunction with the maintenance and reuse of the existing building, the conversion
of the subject property for commercial use will need to address three other urban
design considerations identified within the NVCSP:
• The parking area which abuts Emily Street must be screened using high-quality
landscaping;
• Outdoor storage is considered incompatible with the character of heritage
downtowns and is not permitted; and
• Drive-through facilities are not desirable in Village Centres and are expressly
prohibited in the NVCSP due to their impact on the pedestrian environment, their
incompatibility with adjacent uses and their conflict with the built-form objectives
of the Official Plan.
10.5 Parking
The Zoning By-law sets out parking ratios for permitted uses. Each of the commercial
uses requested by this application requires the provision of on-site parking at a ratio of
one space for every 30m2 of gross/total floor area. The floor area of the existing
building measures 145m2 requiring the provision of five on-site parking spaces. The
Owner is proposing to provide six parking spaces, including one barrier-free parking
space. The parking spaces that are provided on this property exceed the minimum
parking space ratio required by the Zoning By-law.
Any future apartment(s) will be required to provide on-site parking in addition to the
parking already calculated for the commercial uses. Should an apartment use be
requested in the future an update to the on-site parking requirements may be required
at that time.
10.6 Proposed Zoning By-law Amendment
The proposed Zoning By-law Amendment, included as Attachment 1 to Report PSD-
051-12, was created to address the specific request of the Applicant. However, it also
contains regulations which are not currently relevant to this property. It is expected
REPORT NO.: PSD-051-12 PAGE 8
that, as other properties within the Street-Related Commercial Area designation begin
to convert from residential to commercial or mixed-use, the proposed Zoning By-law
Amendment will be universally applicable to other properties as well. By crafting the
Zoning By-law Amendment in this way, the Municipality is able to implement the goals
and objectives of the Newcastle Village Centre Secondary Plan for the current
proposal as well as future conversions.
11. CONCLUSION
11.1 The proposed uses would be a welcome complement to existing commercial
development in downtown Newcastle. By incorporating the urban design
considerations of the Secondary Plan, the proposed uses can be incorporated into the
character of the Emily Street neighbourhood without detracting from the residential
nature of the block.
11.2 The purpose of Report PSD-051-12 is to satisfy the requirements for a Public Meeting
under the Planning Act. 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 Theresa Vanhaverbeke in trust for Syvan
Developments Limited be approved, and that the draft Zoning By-law Amendment, as
contained in Attachment 1 to Report PSD-051-12, be passed.
CONFORMITY WITH STRATEGIC PLAN —
The recommendations contained in this report conform to the general intent of the following
priorities of the Strategic Plan:
X Promoting economic development
Maintaining financial stability
Connecting Clarington
Promoting green initiatives
Investing in infrastructure
Showcasing our community
Not in conformity with Strategic Plan
Staff Contact: Paul Wirch, Planner II
Attachments:
Attachment 1 - Zoning By-law Amendment
List of interested parties to be advised of Council's decision:
Theresa Vanhaverbeke
Edmond Vanhaverbeke
Durham Regional Planning Department
Municipal Property Assessment Corporation
i
Attachment 1
To Report PSD-051-12
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2012-
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 2012-0015;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 2 "DEFINITIONS' is hereby amended by adding thereto, the following
definition as follows:
"Floor Space Index(FSI)
Shall mean the ratio of the total floor area of a building or buildings (excluding
enclosed parking areas, loading facilities and garbage rooms) to the area of the
lot on which the building or buildings are located. For example, a floor space
index(FSI) of 2.0 would indicate that the total floor area of a building could be up
to two times the area of the lot on which it is located."
2. Section 16.5 "SPECIAL EXCEPTIONS—GENERAL COMMERCIAL (Cl) ZONE"
is hereby amended by adding thereto, the following new Special Exception zone
16.5.13 as follows:
"16.5.13 General Commercial Exception (C1-13)Zone
Notwithstanding Section 3.16 a., 3.16 i.(ii), 3.16 i.(iii), 16.1 b. and 16.3 those
lands zoned C1-13 as shown on the Schedules to this By-law shall be subject
to the following uses and regulations:
a. Permitted Non-Residential Uses
i) Business, Professional or Administrative Office;
ii) Day Nursery;
iii) Financial Office;
IV) Retail/Commercial Establishment;
v) School, Commercial;
vi) Service Shop, Light; and
vii) Service Shop, Personal.
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b. A drive-through facility is not permitted.
C. Regulations for Non-Residential Uses
i) Yard Requirements:
a) Front Yard
(i) Minimum 3 metres
(ii) Maximum 6 metres
b) Interior Side Yard (minimum)
(i)from a Residential Zone 3 metres
(ii)from all other Zones 1.25 metres
c) Exterior Side Yard
(i) Minimum 3 metres
(ii) Maximum 6 metres
d) Rear Yard (minimum)
(i)from a Residential Zone 7.5 metres
(ii)from all other Zones 1.25 metres
ii) Building Height:
a) Maximum 4 storeys
b) Minimum on a corner lot 6 metres
iii) Floor Space Index(maximum): 0.75
iv) Landscaping (minimum):
a) Landscaped Open Space 25 percent
b) All parking areas shall be separated from abutting public streets
and adjacent Residential Zones by a landscape strip having a
minimum width of 3 meters.
c) All parking areas shall be screened from abutting public streets
through the use of a fence or screen wall measuring between
0.75 metres and 1.2 metres in height:
v) Building Entrances:
Each building shall have at least one public entrance which faces a
public street. If a building is located on a property which possesses
frontage onto more than one public street only one street-facing,
public entrance is required.
vi) Outdoor storage is prohibited.
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vii) Loading Space Nil
ix) Parking Requirements:
a) Non-Residential (minimum):
One parking space for each 30 square metres of gross floor
area of the building directly related to the specified permitted j
use.
b) Residential:
As per the requirements contained within the Parking Space
Requirement Table.
c) No motor vehicle parking space or drive aisle to a parking space
shall be located between a building and a street line,
3. Schedule "5" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from "Urban Residential Type Two (R2) Zone"to
"General Commercial Exception (C1-13) Zone" as illustrated on the attached
Schedule"A" hereto.
4. Schedule"A"attached hereto shall form part of this By-law.
5. 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 passed on this day of 2012.
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2012- ,
passed this day of , 2012 A.D.
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