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Planning Services
Report
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Report To: General Purpose and Administration Committee
Date of Meeting: January 19, 2015
Report Number: PSD-009-15 Resolution: , O , 15
File Number: ZBA 2014-0026 By-law Number:c�O1 S-O 16
Report Subject: A Rezoning Application by 2420643 Ontario Inc. to Allow Office Uses
at 1677 Durham Highway 2, Courtice
Recommendations:
1. That Report PSD-009-15 be received;
2. That the Zoning By-law amendment application submitted by 2420643 Ontario Inc. be
approved as contained in Attachment 1 to Report PSD-009-15;
3. That the Region of Durham Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD-009-15
and Council's decision; and
4. That all interested parties listed in Report PSD-009-15 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report PSD-009-15 Page 2
Report Overview
A rezoning application to allow office uses in addition to the already permitted residential use is
recommended for approval. No additions to the existing structure, parking area or septic
system are proposed.
1 . Application Details
Owner: 2420643 Ontario Inc.
Agent: D.G. Biddle &Associates
Proposal: The rezone the lands from Holding Urban Residential Type One to an
appropriate zone that permits the use as presented.
Area: 0.22 hectares (approximately 70 feet x 320 feet)
Location: 1677 Durham Highway 2, Courtice
2. Background
The application, including supporting material, was received on October 28, 2014. The
applicant submitted the following studies in support of the application:
• Planning Justification Report; and
• Daily Sewage Flow Comparison
A public meeting was held on January 5, 2015 for the purpose of providing information
and seeking input on the application from the public. At the public meeting, the owner
gave the Committee a synopsis of her business, the proposal and there were no
objections from any member of the public.
3. Land Characteristics and Surrounding Uses
This property was used as a single family residence by the previous owner. The front
yard has a large parking area as well as the septic system.
Municipality of Clarington
Report PSD-009-15 Page 4
4. Provincial Policy
Provincial Policy Statement
The Provincial Policy Statement, 2014, states that settlement areas should be the focus
for new development and where appropriate, the use of existing building stock. The
Municipality is to promote cost-effective development patterns and standards that
minimize land consumption. Densities and mix of uses are to be transit-supportive where
transit is planned or exists.
The Provincial Policy Statement also encourages municipalities to promote economic
development by providing a diversified economic base, including a range and choice of
sites for employment uses.
Provincial Growth Plan
The Growth Plan, 2006 provides a framework for managing growth in the Greater Golden
Horseshoe. The Growth Plan encourages intensification within built up areas as well the
utilization of existing infrastructure. Intensification is to be focused within intensification
areas identified by Municipalities. The subject property is located within the Built
Boundary and, by virtue of its location in the Town Centre, within an intensification area.
5. Official Plans
Durham Regional Official Plan
The subject property is within a designated Regional Centre in the Durham Regional
Official Plan. Regional Centres are to be developed as the main concentrations of
commercial, residential, cultural and government functions. They shall support a long
term density target of 75 residential units per gross hectare and a floor space index of
2.5.
The proposed uses are permitted in the Durham Region Official Plan.
Clarington Official Plan
The subject land is designated Town Centre in the Clarington Official Plan and is further
designated as Town Centre Commercial in the Courtice Main Street Secondary Plan.
The Town Centre Commercial area will develop over time into the primary area for retail
and service uses and have focal points for civic gatherings in Courtice. The permitted
uses within the Town Centre Commercial designation include retail, service and office
uses in scale and proportion appropriate for the Town Centre, community facilities and
residential uses either in single use buildings or as part of a mixed use are encouraged.
As part of an Ontario Municipal Board hearing for the Courtice Main Street Secondary
Plan, the Municipality and appellants reached a settlement agreement. In the agreement
the Municipality is obligated to prepare an Urban Design Plan which will guide the
development of the Town Centre for the long term. The future redevelopment of the
subject property will be included in this Plan.
Municipality of Clarington
Report PSD-009-15 Page 3
FIGURE 1: 1677 Durham Highway 2 Courtice
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The surrounding land uses can be seen on Figure 2 and are outlined as follows:
West: One single detached residence and two vacant properties.
North: Two single detached residences and The Islamic Centre of Clarington.
East: Two single detached residences and the extension of Richard Gay Avenue.
South: Vacant land.
FIGURE 2. 2013 Aerial photograph
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Municipality of Clarington
Report PSD-009-15 Page 5
The Secondary Plan identifies the Municipality's intent to develop public facilities like a
central square and a branch of the library within the Town Centre. The identified location
in the Secondary Plan would include the subject lands but the more precise location is to
be identified in the Urban Design Plan.
One of the main objectives of the Courtice Main Street Secondary Plan is to facilitate the
transformation of the area over the next 20 years into a transit supportive, pedestrian
friendly compact mixed use area. The Secondary Plan recognizes the transformation of
the area will include the conversion of existing dwellings and future redevelopment to a
mixed use and a more dense corridor in a manner that achieves the Main Street Plan
objectives.
The proposed uses are permitted in the Clarington Official Plan and in the Courtice Main
Street Secondary Plan.
6. Zoning By-law
The subject land is zoned Urban Residential Type One (H(R1)) in Zoning By-law 84-63.
It has not been brought into conformity with the Courtice Main Street Secondary Plan.
7. Summary of Background Studies
The Planning Justification Report submitted by the proponent states that this
development proposal represents good planning and it offers the following justifications:
• This proposal meets the definition of intensification in the Provincial Policy Statement,
albeit minor, as the conversion of the existing dwelling introduces a new use to the
property while maintaining the residential use;
• This proposal to allow for the additional office use represents intensification within the
built up area and is within an area identified for intensification in accordance with the
Growth Plan policies; and
• Although the proposal does not achieve the long term urban design policies of the
Courtice Main Street Secondary Plan, it does introduce new commercial uses to the
area and works toward achieving the economic development policies of the Province,
Region, and Municipality.
The Daily Sewage Flow Comparison report (revised Dec 2014) states that the proposed
daily sewage flows will remain equal to that of the existing conditions.
8. Public Submissions
Since the Public Meeting only one member of the public inquired about the proposal. The
inquirer did not offer an objection given that there are no proposed changes to either the
structure, parking areas or any grading that may affect the surrounding properties.
Municipality of Clarington
Report PSD-009-15 Page 6
9. Region of Durham Comments
The proposed use (office) is permitted by the policies of the Regional Official Plan and
generally conforms to the policies of the Growth Plan.
The Region of Durham Planning and Economic Development, Works and Health
Departments offer no objections to this rezoning.
10. Departmental Comments
Emergency and Fire Services and Operations
Emergency and Fire Services and the Operations Department have no concerns with this
rezoning.
Engineering Services
Engineering Services (including the Building Division) have no concerns with this
rezoning.
The Building Division notes however that two building permits are needed, one for the
apartment in the basement and one to convert the first floor to commercial use. It is also
noted that all four commercial development charges will apply.
11 . Discussion
The proposal is to convert an existing residential dwelling into an office building (office
and residential). This could be viewed as an interim step towards the future
redevelopment of the site within the Town Centre.
One of the primary impediments to the implementation of the Courtice Main Street
Secondary Plan is the lack of Regional services, particularly sanitary sewer. along
portions of Highway 2. The subject lands are within a stretch of Highway 2 without
sanitary sewer services.
The Courtice Town Centre is to be the primary focus of retail and service uses and is to
be the focal point of culture and civic gatherings. In considering applications, the
Municipality is to consider how they contribute to the overall long term floor space index
and density targets established in the Durham Regional Official Plan and included in the
Courtice Main Street Secondary Plan. It is anticipated that this lot would eventually
redevelop as part of a larger consolidated parcel. Since the modifications are relatively
minor to comply with the change of use requirements of the Ontario Building Code, it
generally should not be an impediment to a more comprehensive redevelopment
scheme.
The Secondary Plan policies also calls for retail, service and office uses to be appropriate
in scale and function for the Town Centre. While the office use could be appropriate in
scale and function, it requires the further redevelopment of lands at higher densities to
achieve this policy. However, this could be recognized as an interim step.
Municipality of Clarington
Report PSD-009-15 Page 7
The proposal is only for the conversion of the existing dwelling to permit an office use.
Given the objective to achieve greater densities over time and that this is intended as an
interim use, the proposed amendment to the Zoning By-law contains provisions that that
reflect this as follows:
• The only permitted commercial use is business, professional or administrative office;
• Only the front portion of the lot the lands, where the house and parking area are
located, would be rezoned;
• The office use is limited within the existing building foot print and to the proposed
floor area;
• The landscaped open space at the front of the lot is to be maintained. The attached
zoning by-law only applies to the northerly half of the property and restricts the uses
to professional or business offices and residential only;
• The only residential use is the existing dwelling or a dwelling contained within the
building of the permitted office use.
Although this conversion does not reflect the ultimate vision for the Town Centre, staff
consider that the approval of this application to add office uses will not preclude the
development of the Town Centre Vision as infrastructure services became available and
demand for higher densities are supported by the market.
12. Concurrence
Not Applicable
13. Financial Implications
This application will have no implications for the 2015 Municipal Budget.
14. Conclusion
In consideration of all agency, staff and public comments, it is respectfully recommended
that the proposed zoning by-law be approved.
Submitted by: :
Reviewed b
Y
Dav . Crome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
Staff Contact: Lisa Backus, Senior Planner, 905-623-3379 ext. 2413 or Ibackus(a-clarington.net
Municipality of Clarington
Report PSD-009-15 Page 8
Attachment 1: Zoning By-law
There are no interested parties to be notified of Council's decision.
DJC/COS/LB/SN/df
Attachment 1
To Report PSD-009-15
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2015-
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 2014-0026;
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 Exception zone
16.5.61 as follows:
"16.5.61 GENERAL COMMERCIAL EXCEPTION (C1-61)ZONE
Notwithstanding Section 16.1, 16.2, and 16.3 those lands zoned C1-61 as shown
on the Schedules to this By-law shall be subject to the following uses and
regulations:
a. Permitted Uses:
i) Residential Uses
a) Dwelling units existing at the date of passing of this by-law; and
b) Dwelling units as part of a building containing a permitted non-
residential use(s).
ii) Non-Residential Uses
a) Business, Professional or Administrative Office
b. Regulations:
i) Floor Area,Total (maximum)
a) Business, Professional or
Administrative Office 147 square metres
ii) Yard Requirement(minimum)
a) Interior Side Yard 3.0 metres to the east
2.0 metres to the west
b) Front Yard 17 metres
c) Rear Yard 19 metres
iii) Lot Coverage(maximum) 20 percent
iv) Landscaped Open Space (minimum)
a) Front Yard 19 percent
v) Paved Parking Area (maximum)
a) Front Yard 172 square metres
2. Schedule '4'to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from "Urban Residential Type One(H(R1))Zone"
to"General Commercial (C1-61)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 2015
Adrian Foster, Mayor
C.Anne Greentree, Municipal Clerk
This is Schedule "A" to By-law 2015- ,
passed this day of , 2015 A.D.
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® Zoning Change From"(H)R1"To"C1-61" j
®Zoning To Remain"(H)R1"
Adrian Foster,Mayor C.Anne Greentree,Municipal Clerk
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