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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, E gg Yj y s a x x. 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. i I i 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. I 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. KING AVENUE WEST 123 115 109 101 91 8583 777573 45 119 W W W U) (n 41 U Z p1036 = � V Q m 122 112 EMILY STREET WEST N ®Zoning Change From"132"TO"C1-13" Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk s s El � GEORGESW" yGEORGEETE G TEG smf OOOAVENUE � ATLEY gHu�Gmc NOAVENUE WEST NGAVENUE WE ®MIE WEST pNOAVENOE OAVENUE EPSi gNOAVEN D 11 t NLLYs s�F«G uo s uES a s N �'oa E EOWAaO STREET � `� � o EGY,ARGE,REETEAST Newcastle Village REE w ® ZBA 2012-0015 � aE,,AYERUE o SCHEDULE 5