HomeMy WebLinkAboutPSD-034-14 Clarftwn REPORT
PLANNING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 9, 2014 Resolution#: By-law#: co
Report#: PSD-034-14 File#: ZBA 2014-0003
Subject: TO CONVERT A SINGLE-DETACHED DWELLING TO A PROFESSIONAL
OFFICE
APPLICANTS: MARK ABERNETHY, JAMES ABERNETHY AND TYLER SMITH
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-034-14 be received;
2. THAT the application to amend the Zoning By-law 84-63, submitted by Mark
Abernethy, James Abernethy and Tyler Smith, to convert a single-detached dwelling to
a professional office, as shown in Attachment 1 to Report PSD-034-14, be approved;
3. THAT the Region of Durham Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD-034-
14 and Council's decision; and
4. THAT all interested parties listed in Report PSD-034-14 and any delegations be
advised of Council's decision.
Submitted by: Reviewed by:
VeYtor J. Cr me, CIP, R P Franklin Wu,of Plan Ping Services Chief Administrative Officer
RP/COS/df
2 June 2014
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: PSD-034-14 PAGE 2
1. APPLICATION DETAILS
1.1 Applicants: Mark Abernethy, James Abernethy and Tyler Smith
1.2 Agent: D.G. Biddle & Associates Ltd.
1.3 Proposal: To rezone the subject lands from Urban Residential Exception
(R1-12) to General Commercial Exception (C1-59) Zone to permit
a professional office in conformity with the Bowmanville East Town
Centre Secondary Plan
1.4 Lot Area: 1,011 square metres (0.25 acres)
1.5 Location: The subject site is located at 190 Church Street, in
Bowmanville. This property is located on the north side of Church
Street, midway between Scugog Street and Silver Street (see
Figure 1 — Property Location)
FIGURE 1 — Property Location
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go Church St
2 Storey Brick
Dwelling
(Conversion
to Office use)
N
Church Street
ZBA 20'4-0003
REPORT NO.: PSD-034-14 PAGE 3
2. BACKGROUND
2.1 On February 26, 2014, D.G. Biddle & Associates Ltd. submitted an application on
behalf of Mark Abernethy, James Abernethy and Tyler Smith for a Zoning By-law
Amendment to permit a professional office on the subject site. The rezoning would
allow the conversion of an existing single-detached dwelling to office use. The
existing building has a total floor area of 240.8 square metres (2,592 square feet).
No building additions are proposed. The Planning Justification Letter, submitted by
D.G. Biddle & Associates Ltd. in support of the application, is summarized in
Section 7.1 of PSD-034-14.
3. LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject property is located on the north side Church Street between Scugog
Street and Silver Street. This block currently includes residential, commercial and
community facilities, and is one block north of King Street West.
The site slopes south towards Church Street. The existing building is located on the
east side of the property with the current and proposed parking area located in the
existing garage and on the driveway. The property is landscaped with a mature
cedar hedge buffering the driveway from the residential property to west. The
property includes seven mature trees in the rear yard.
3.2 190 Church Street is identified as a "Primary' heritage resource in the heritage
inventory. "Primary" properties are classified as the best example (in Clarington) of
their respective style of architecture.
FIGURE 2 — North View
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REPORT NO.: PSD-034-14 PAGE 4
3.3 The surrounding uses are as follows (Figure 3):
North - Low-density residential
South - Mixed use buildings along Church Street
East - Low-density residential
West - Low-density residential
FIGURE 3 — Context Map
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Church Street
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REPORT NO.: PSD-034-14 PAGE 5
4. PROVINCIAL POLICY
4.1 Provincial Policy Statement
The Provincial Policy Statement states that long-term economic prosperity should be
supported by "maintaining and, where possible, enhancing the vitality and viability of
downtowns and mainstreets;"and "encouraging a sense of place, by promoting well-
designed built form and cultural planning, and by conserving features that help define
character, including built heritage resources and cultural heritage landscapes". The
conversion of the subject lands for office use will facilitate the continued vitality and
viability of downtown Bowmanville and the conservation of a heritage property in a
manner consistent with the goals of the PPS.
This application is consistent with the Provincial Policy Statement.
4.2 Provincial Growth Plan
The subject property is within the "Built-up Area" of Bowmanville. The "Built-up Area"
is comprised by all land within the built boundary. The Provincial Growth Plan
promotes the creation of compact, complete communities that are transit-supportive
and pedestrian-friendly within the Built-up Area. "Complete" communities provide
opportunities to both live and work. The Growth Plan directs development to existing
serviced urban centres and encourages a compatible mixture of land uses within
urban areas.
The Owner's proposed conversion from residential to office use will achieve the
objectives of the Growth Plan to promote growth and to encourage efficient land use
patterns within the built-up area to support a strong economy.
This application conforms with the policies of the Provincial Growth Plan.
5. OFFICIAL PLANS
5.1 Durham Regional Official Plan
The subject land is designated "Regional Centre" in the Durham Regional Official
Plan. This Plan indicates that 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 "Town Centre". The property
is designated "Mixed-use Area" within the Bowmanville East Town Centre Secondary
- - - - - Plan. The"Mixed-use-Area" designation-incorporates predominantly residential -
dwellings.
REPORT NO.: PSD-034-14 PAGE 6
It is the intention of the Secondary Plan to allow for the conversion or redevelopment
of existing structures to enhance the character of these areas. The following uses are
permitted in the "Mixed-use Area" designation:
• low density residential
• personal service and office uses
• limited retail uses including gift shops
• mixed use buildings
The proposed zoning change conforms with the "Mixed-use Area" designation of the
Secondary Plan.
6. ZONING BY-LAW
6.1 Within Zoning By-law 84-63 the subject lands are zoned "Urban Residential Exception
(R1-12)". The applicant has requested an amendment to the Zoning By-law to permit
an office use.
The proposed rezoning conforms with the Secondary Plan.
7. BACKGROUND STUDY SUMMARY
7.1 Planning Justification Letter by D.G. Biddle &Associates Ltd.
The Planning Rationale indicated that the conversion of the existing single-detached
dwelling to an office is in general compliance with the intent of Provincial, Regional
and Municipal Plans. The downtown is an appropriate location for office uses as it
efficiently utilizes the existing infrastructure in downtown Bowmanville. The proposed
office use is in keeping with the commercial designation in the Secondary Plan. The
justification letter also indicated that the nature of the commercial uses proposed will
facilitate a land use that is compatible with the existing heritage character by not
requiring extensive changes to the physical form of the existing building.
The Planning Rationale also stated that "additional on site-parking could be
accommodated, but would involve the removal of the garage, mature trees and
landscaping, which would be deleterious to the heritage character of the site
buildings, the lot and the neighbourhood."
8. PUBLIC SUBMISSIONS
8.1 Public notice was given by mail to each landowner within 120 metres of the subject
site and one public meeting notice sign was installed on the property. The public
-
---- —notice-was-also-posted-on-the-Mu nicipal-website-a nd-in-the-P Ian ning-Services
electronic newsletter.
REPORT NO.: PSD-034-14 PAGE 7
8.2 At the writing of this report, and during the Public Meeting, Staff received the following
inquiries regarding this application.
• Support for the proposed office use based on the perceived benefits of utilizing a
heritage property for office space within the downtown.
• Concern that existing office space in downtown Bowmanville was already
underutilized.
8.2.1 Five letters were received in support of the application from area property
owners.These property owners have indicated that they do not have any concerns
with respect to the reduction in parking requirements. They have also indicated that
they do not support the idea of converting the back yard into a parking lot as this will
affect the privacy of the adjacent residential properties.
8.2.2 Dr. Robin Jeffrey, a nearby business owner and resident made written submission
and addressed Council opposing the proposal to reduce the parking requirements on
the property. Her concerns included:
• The limited availability of on-street parking, at the west end of Church Street due
to the presence of other commercial uses;
• The limited number of parking meters in the area;
• The non-enforcement of the 3 hour street parking limit; and
• The limited availability of municipal parking lots which are utilized by employees of
the Municipality and neighbouring businesses.
It is her opinion that adding parking spots at the back of the lot will not impact the
heritage appeal of the property. In her correspondence Dr. Jeffrey cited the reduced
parking requirements on her property for which a minor variance was approved in
2001.
8.2.3 Steven Kay, the property owner to the rear of the proposal addressed Council
expressing support for the application and the proposed amendment to the parking.
He advised that his property overlooks the subject property from Wellington Street.
His comments included:
• Outside of peak hours, there appears to be ample parking and the existing
driveway can accommodate at least three cars.
• A driveway expansion and removal of trees would substantially infringe the
privacy of his property and substantially decrease the tree canopy behind his
property.
• Parking can be accommodated in combination with on-street parking and parking
lots.
9. AGENCY COMMENTS
9.1 The Durham Regional Planning Department and Works Department have no
objections to the proposed zoning change.
REPORT NO.: PSD-034-14 PAGE 8
10. DEPARTMENTAL COMMENTS
10.1 Engineering Services
The Clarington Engineering Services Department has no concerns with the proposed
zoning change.
10.2 The Finance Department has confirmed that the taxes on this property have been
paid.
11. DISCUSSION
11.1. The property located at 190 Church Street was built in 1855 and is identified as a
"Primary" heritage resource in the Municipality's heritage inventory. The inventory
describes the building as one of the best examples of a "town house" design which
was a common form of house style in larger towns during the 19th century. In its
overall form and design this house can be classified as vernacular late Georgian.
11.1.1 The house is a two storey brick building, the facade is divided into three bays and it
has a full cross-front porch. There is a well maintained front yard and a mature cedar
hedge buffering the driveway from the property to the west. The lot has approximately
eight trees, one tree in the front yard and seven mature trees in the rear yard which
can be viewed from Church Street.
11.1.2 An objective of the Bowmanville East Town Centre is to preserve and enhance the
unique character of the Downtown. The Plan requires development or redevelopment
to conform with the site development criteria of the Secondary Plan by ensuring that
fagades are preserved and that additions to buildings are located to the side or the
rear. The applicant has indicated that no physical changes are being proposed to the
exterior of the house and the property. The scale and intensity of the proposed use is
also limited. In addition, the proposal maintains the existing trees and landscaping.
This will maintain the heritage character and integrity of the historic building and
property within the surrounding context.
11.1.3 To maintain the character of the property and adjacent properties, additional parking
is not proposed on the subject site. The applicant's proposal maintains the greenery
that is so much needed in the downtown. Parking concerns are addressed in Section
11.2.9 below.
11.2 Zoning Regulations
11.2.1 The existing building and garage do not comply with the interior side yard provisions
for a commercial zone which requires a minimum 1.25 metres interior setback for the
office building and a 1.2 metres interior setback for the garage. The Zoning By-law will
require provisions to reflect the setbacks of the existing buildings on the property.
11-2-2—T-he-Zoning-Icy-Aav,Lr quires-a-minimum -drivtaisle- width-of--.5-metrAes.klowever,—as
the drive aisle is utilized to accommodate two parking spaces in-tandem a reduction
of the drive aisle width would not be required because of the existing layout.
REPORT NO.: PSD-034-14 PAGE 9
11.2.3 The Zoning By-law sets out the parking provisions for the proposed use. Office uses
require a minimum of one space for every 30 square metres of gross floor area. The
floor area of the existing building measures 240.8 square metres, requiring the
provision of eight parking spaces for the site. The applicant is requesting a 5 parking
space reduction.
11.2.4 The buildings in downtown Bowmanville which front onto King Street are exempt from
parking and loading requirements. Commercial uses fronting onto Queen Street and
Church Street are not exempt. In the past, Council has approved reductions to
parking, drive aisle and loading standards to take into consideration the heritage
character of the property, existing mature trees, amenities and the nature and
anticipated intensity of the land use. Two examples are the properties located at 55
Temperance Street and 120 Queen Street, both in downtown Bowmanville. Rezoning
applications were approved to permit professional offices at 55 Temperance Street (3
parking space reduction) and 120 Queen Street (1 parking space reduction).
11.2.5 In the past the Committee of Adjustment has also approved reductions to parking,
drive aisle and loading standards on downtown properties.
11.2.6 It is stated in the Owner's Planning Rationale that parking on the property and the
existing on-street parking, and nearby downtown municipal parking lots will supply
sufficient parking for the office use. The Owner's proposal is that the existing driveway
and garage, which can accommodate three in-tandem parking spaces, would be used
for employees. All other customers and visitors would utilize the existing on-street and
pay parking lots provided by the Municipality.
11.2.7 The Bowmanville East Town Centre Secondary Plan emphasizes the importance of
providing redevelopment opportunities, while at the same time preserving local
heritage character. The Owner's Planning Rationale emphasizes the importance of
preserving the heritage character of the property and converting the property to a
compatible land use while utilizing the downtown's infrastructure to facilitate the
proposed use. The limited scale and intensity of the proposed use will also facilitate
compatibility with adjacent properties.
11.2.8 The Zoning By-law also requires commercial properties to provide a loading space.
However, the proposed use does not require regular delivery by large transport
trucks. In addition, similar uses located in downtowns generally do not provide loading
space; delivery/pick-up needs are easily accommodated by smaller vehicles utilizing a
normal sized parking space. As a result, there is no need for a loading area as
required by the Zoning By-law.
11.2.9 In response to concerns about on-street parking, staff recognize that this is the
common experience of downtowns as they offer a variety of services to the
community that facilitate multi-purpose trips. All property owners and patrons are
permitted to utilize on—street parking and existing Municipal parking lots. In the event
that on-street parking becomes an issue in the future, the Municipality has tools to
address these issues, such as installing parking meters and increasing parking
enforcement.
REPORT NO.: PSD-034-14 PAGE 10
11.2.10 Given the nature of the proposed use, the heritage character of the building, the
desire to maintain the aesthetics of the property, and the limited traffic anticipated by
the office use, staff has no objection to the reduction in the number of required
parking spaces and the reduction of the minimum interior side yard setbacks
regulations as required by Zoning By-law 84-63.
12. CONCURRENCE: Not Applicable
13. CONCLUSION
13.1 The proposed conversion of the residential property to commercial use is in keeping
with the objectives of the Provincial Policy Statement, Provincial Growth Plan, the
Durham Regional and the Clarington Official Plans and it represents efficient land use
and development patterns supported by the Plans. The conversion of the subject
property to office use will maintain the character of the East Bowmanville Town
Centre. In addition, the proposal supports the Bowmanville East Town Centre
Secondary Plan's goals and objectives of strengthening the role of the Town Centre
as the focal point of economic, social and cultural activity.
13.2 The intent of the Zoning By-law amendment for 190 Church Street is to allow for office
uses. The proposed conversion will provide opportunity to increase the amount of
professional floor space available for lease within the historic Downtown. The
proposed zoning by-law contains provisions to ensure the office use is incorporated in
a manner that is consistent with the policies and objectives of the Secondary Plan to
enhance the character of the area and property.
13.3 In consideration of the findings of all supporting documents, comments received from
circulated agencies and area residents, and based on the review of the proposal, staff
recommends that the Zoning By-law, as contained in Attachment 1 to Report PSD-
034-14, 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: Ruth Porras, Senior Planner/Urban Designer
REPORT NO.: PSD-034-14 PAGE 11
Attachments
Attachment 1 — Draft Zoning By-law
List of interested parties to be advised of Council's decision:
Mark Abernethy
James Abernethy
Tyler Smith
Carolyn Sproatt
Dr. Robin Jeffrey
Dominick Forsellino
Andrew and Janet Rice
John and Janet Rice
Kris Bargenda and Jennifer Pinsent
Steve and Tori Kay
John and Darlene Kougias
Region of Durham Planning and Economic Development Department
Municipal Property Assessment Corporation
Glenn Genge, D.G. Biddle &Associates
ATTACHMENT 1
TO REPORT PSD-034-14
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2014-
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 2014-0003;
NOW THEREFORE BE IT RESOLVED THAT,the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 16.5. "SPECIAL EXCEPTIONS-GENERAL COMMERCIAL(Cl)ZONE"is
hereby amended by adding thereto,the following new Special Exceptions zone 16.5.59
as follows:
Notwithstanding Sections 16.1 b, 16.3. a. ii), Sections 3.1 g, 3.13, 3.16 a, d, i. i)and ii),
those lands zoned C1-59 on the Schedules to this By-law shall only be used for a
business, professional or administrative office and shall be subject to the following
regulations:
a) Gross Floor Area(maximum) 240.8 sq. metres
b) Interior Side Yard Nil to the east,
1.25 metres otherwise
c) Accessory Building:
An accessory building or structure located in an interior side yard shall not be closer
to the interior site lot line than 0.6 metres
d) Parking Spaces (minimum) 3 spaces including 2 spaces provided in tandem
e) Loading Spaces Nil
f) Parking Area Location on Lot:
No parking space shall be permitted within 1.0 metre of the boundary of a
Residential Zone.
2. "Schedule 3"to By-law 84-63, as amended, is hereby further amended by changing the
zone designation from"Urban Residential Exception (R1-12)Zone"to"General
-Commercial (C1-59)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 passed in open session this day of 2014.
Adrian Foster, Mayor
Anne Greentree, Municipal Clerk
This is Schedule "A" to By-law 2014- ,
passed this day of , 2014 A.D.
G,Q
cy
®Zoning Change From"R1-12"To"C1-59"
Adrian Foster,Mayor C.Anne Greentree,Municipal Clerk
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