HomeMy WebLinkAboutPSD-012-14 Clarington REPORT
PLANNING SERVICES DEPARTMENT
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: February 24, 2014 Resolution#: By-law#: }/ -C
Report#: PSD-012-14 File#: ZBA 2013-0033
Subject: PROPOSED ZONING BY-LAW AMENDMENT TO ALLOW COMMERCIAL AND
POSSIBLE SECOND STOREY RESIDENTIAL USES
APPLICANT: EDMOND VANHAVERBEKE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-012-14 be received;
2. THAT provided there are no significant issues raised at the Public Meeting, it is
recommended that the application submitted by Edmond Vanhaverbeke to amend the
Zoning By-law, be approved, and that the draft Zoning By-law Amendment, as
contained in Attachment 2 to Report PSD-012-14, be passed;
3. THAT the Durham Regional Planning Department be forwarded a copy of Report PSD-
012-14 and Council's decision; and
4. THAT all interested parties listed in Report PSD-012-14 and any delegations be advised
of Council's decision.
Submitted by: � � Reviewed by:'___.__.- � �''� - C( ,
David J. Erome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
RP/CS/av/df
13 February 2014
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: PSD-012-14 PAGE 2
1. APPLICATION DETAILS
1.1 Owner: Sylvia Vanhaverbeke in trust for Edmond Vanhaverbeke
1.2 Applicant: Edmond Vanhaverbeke
1.3 Proposal: To rezone the subject lands from Residential (R2) to a General
Commercial (Cl) Zone exception to permit:
• Accessory Apartments
• Bakery Shop
• Business, Professional and Administrative Offices
• Day Nursery
• Financial Establishment (Bank)
• Medical or Dental Clinic
• Places of Worship
• Retail Sales/Commercial Establishment (i.e. Antique and Gift
Stores)
• School, Commercial
• Service Shop, Light (i.e. Small Appliance Repair)
• Service Shop, Personal (i.e. Hair Salon)
1.4 Lot Area: 1,412 square metres (0.14 hectares or 0.35 acres)
1.5 Location: The subject lands are located 1036 Church Street, Newcastle. This vacant
lot is located on the north-west corner of Emily Street and Church Street
(see Figure 1 — Key Map)
REPORT NO.: PSD-012-14 PAGE 3
FIGURE 1 — Key Map
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2. BACKGROUND
2.1 On November 20, 2013, Edmond Vanhaverbeke submitted an application for a Zoning
By-law Amendment to permit commercial and accessory residential uses. The rezoning
would allow a proposed 749 square metres (8,062 square feet) commercial and office
building and possible second storey apartments. The application was deemed complete
on December 5, 2013.
REPORT NO.: PSD-012-14 PAGE 4
2.2 The applicant submitted the following background studies in support of the application:
• Environmental Overview by Gibson Environmental Ltd.
• Planning Rationale by Tunney Planning Inc.
3. LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The property comprises 0.14 hectares or 0.35 acres of vacant land area, is sodded
and contains mature trees along the west side of the property. Several mature street
trees surround the property on Emily Street and Church Street.
FIGURE 2 — Northwest View
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3.2 The surrounding uses are as follows (Figure 3):
North - Mixed-use (commercial with residential apartments)
South - Low-density residential
East - Vacant residential land across Church Street
West - Professional Office
REPORT NO.: PSD-012-14 PAGE 5
FIGURE 3 — Context Map
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4. PROVINCIAL POLICY
4.1 Provincial Policy Statement
The Provincial Policy Statement (PPS) provides a framework to guide development
within municipalities. The Province promotes settlements as the focus of growth and
efficient land use in order to protect the environment, public health and safety and
facilitate economic growth. Redevelopment of lands is encouraged where it represents
compact form and occurs within an existing settlement area; particularly where existing
infrastructure can be utilized. The redevelopment of the subject lands for commercial
and accessory residential uses will facilitate the continued vitality and viability of
downtown Newcastle and the Village Centre in a manner consistent with the goals of
the PPS.
This application conforms with the Provincial Policy Statement.
REPORT NO.: PSD-012-14 PAGE 6
4.2 Provincial Growth Plan
The subject lands are within the "Built-up Area" of the Growth Plan. A fundamental
priority of the plan is to encourage intensification of underutilized urban lands to create
vibrant communities where infrastructure exists to accommodate growth. The Provincial
Growth Plan promotes the creation of compact, complete communities that are transit-
supportive and pedestrian-friendly. "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.
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 "Village Centre" and "Street-
Related Commercial Area" in the Newcastle Village Centre Secondary Plan. The
"Street-Related Commercial Area" designation incorporates the heritage downtown area
and adjoining redevelopment areas. In this area, all development and redevelopment
will be oriented to the street and provide direct street access for pedestrians. The
following uses are permitted in the "Street-Related Commercial Area" designation:
• retail, personal service, and office uses;
• residential dwellings generally above the ground floor;
• recreational and cultural uses including theatres and places of entertainment; and
• community facilities.
5.3 The proposed land uses requested by the Applicant conforms with the "Street-Related
Commercial Area" designation of the Secondary Plan.
REPORT NO.: PSD-012-14 PAGE 7
5.4 Newcastle Village Centre Urban Desiqn Guidelines
The Newcastle Village Centre Urban Design Guidelines require development within the
Historic District to enhance the existing physical and historic character. The guidelines
require designs to:
• Ensure appropriate transition with the heritage and residential character of the
Emily Street neighbourhood with development which is compatible in height,
scale, design, building articulation, roof lines, building elements and materials to
residential buildings.
• Address the corner of Emily Street and Church Street with a building that is
accentuated through vertical massing elements such as towers, variations in
materials, colour architectural features.
• Locate the main entrance facing the street.
• Provide setbacks which are compatible with the character of the properties along
Emily Street and Church Street.
• Provide landscape screening to support the street's character. Parking areas
abutting Emily Street must be screened using high-quality landscaping and a
decorative wall or fencing.
• Healthy existing trees should be retained and integrated as part of the
streetscape.
6. ZONING BY-LAW
6.1 Within Zoning By-law 84-63 the subject lands are zoned "Urban Residential Type Two
(R2)". The applicant has requested to amend the Zoning By-law to permit all of the
requested uses.
6.2 The proposed rezoning would bring the property into conformity with the Secondary
Plan and enable the appropriate transition between the more intense commercial uses
along King Avenue and the residential character along Emily Street.
7. SUMMARY OF BACKGROUND STUDIES
7.1 Environmental Overview by Gibson Environmental Ltd.
The Environmental Overview (Site Assessment) indicated that the subject lands housed
a small detached single-family dwelling, dating to the 1940's that was moved to the
property in the 1960's. The dwelling contained no basement and was occupied by rental
tenants. The structure was destroyed by fire in the mid-1990's. The report concluded
that there is no environmental concern or potential contamination that could impact the
site and no further investigation is required at the subject lands.
REPORT NO.: PSD-012-14 PAGE 8
Planning Rationale Letter by Tunney Planning Inc.
The Planning Rationale indicated that the commercial uses being requested in the
rezoning application are in keeping with the commercial designation in the Secondary
Plan and that the design guidelines of the Secondary Plan will be addressed through the
site plan approval process. It also indicated that the limited commercial uses being
requested are also a contributing factor to ensuring appropriate design control.
Attachment 1 shows the proposed east elevation submitted with this application.
8. PUBLIC NOTICE AND SUBMISSIONS
8.1 Public notice was given by mail to each landowner within 120 metres of the subject site
and two public meeting notice signs were installed on the property. The public notice
was also posted on the Municipal website and in the Planning Services electronic
newsletter.
8.2 At the writing of this report, Staff had received no inquiries regarding this application.
9. AGENCY COMMENTS
9.1 The Durham Regional Planning Department has no objections to the proposed change
in land use.
9.2 The Durham Regional Works Department has no objection to the proposed rezoning
application. The applicant will be required to submit a detailed site servicing plan for
their review through the site plan application process.
10. DEPARTMENTAL COMMENTS
10.1 Engineering Services
The Clarington Engineering Services Department has no objection to the proposed
zoning change. Through the site plan application process, the applicant will be required
to provide a traffic brief. The study must assess the impact of the development on the
intersections of Emily Street/Church Street, King Avenue/Church Street and Emily
Street/Baldwin Street. The applicant will be required to demonstrate that there is
adequate on-site parking. A Grading and Drainage Plan and stormwater management
plan will also be required.
10.2 The Finance Department has confirmed that the taxes on this property have been paid
up-to-date.
REPORT NO.: PSD-012-14 PAGE 9
11. DISCUSSION
11.1 The proposed uses are permitted by the Street-Related Commercial Areas designation
in the Secondary Plan. The Zoning By-law amendment will bring the existing zoning of
this property into conformity with the current designation of the property within the
Newcastle Secondary Plan.
11.2 The subject lands are located adjacent to commercial properties to the north and west.
It provides for backstreet development increasing the depth of the commercial area off
of King Street appropriate for a Village Centre.
11.3 The proposed development will increase the inventory of commercially zoned land
within the Newcastle Village Centre. The proposal supports the Newcastle Village
Secondary Plan's goal and objectives of strengthening the role of the Village Centre as
the functional and symbolic centre of economic, social and cultural activity. The
proposal will also contribute to enhancing and diversifying the range of retail and
personal service uses and providing job and housing opportunities.
11.4 Urban Design
11.4.1 The Secondary Plan and the Newcastle Village Centre Urban Design Guidelines require
that new development enhance the historic and street character of the Village. The
proposed development is located in an area identified as the Historic Downtown District
by the Guidelines. The surrounding properties along Emily Street contain mainly
residential buildings which are generally setback from the street. There are also mixed
use buildings located at the intersection of Church Street and King Avenue West, which
are situated at the street edge. The design of the development should ensure
appropriate transition between the residential character of the Emily Street and the
commercial character of King Avenue.
11.4.2 Several mature maple trees surround the property on Emily Street and Church Street.
These trees enhance the streetscape character of these two local streets and should be
preserved. Development on the subject lands should be conducted in a manner that
ensures the preservation of the trees. A tree preservation report prepared by an arborist
will be required through the site plan process indicating the measures that will be taken
for their protection.
11.4.3 The proposed uses do 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. A better parking layout can be achieved by removing the requirements for a
loading area.
11.4.4 The Zoning By-law 84-63 establishes parking ratios for permitted uses. These
standards will need to be met as part of the site plan application process.
11.4.5 The proposed Zoning By-law amendment would prohibit drive-through facilities and
outdoor storage in accordance with the Secondary Plan
REPORT NO.: PSD-012-14 PAGE 10
12. CONCURRENCE: Not Applicable
13. CONCLUSION
13.1 The intent of the Zoning By-law amendment for 1036 Church Street is to bring the
existing zoning into conformity with the current designation of the property within the
Newcastle Village Centre Secondary Plan. The proposed development will provide
opportunity to increase the types of uses found within the Newcastle Village Centre. The
proposed zoning by-law contains provisions to ensure that development is incorporated
in a manner that is consistent with the policies and objectives of the Secondary Plan
and recently adopted Newcastle Village Centre Urban Design Guidelines.
13.2 Through the site plan process, staff will continue to work with the applicant to ensure
that the proposed commercial use addresses the Newcastle Village Centre Urban
Design Guidelines requirements for new buildings.
13.3 Provided there are no significant issues raised at the Public Meeting, it is recommended
that the application to amend the Zoning By-law submitted by Edmond Vanhaverbeke
be approved, and that the draft Zoning By-law Amendment, as contained in Attachment
2 to Report PSD-012-14, 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:
(Place an "X" in the box for all that apply)
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
Attachments:
Attachment 1 - Proposed East Elevation
Attachment 2 - Draft Zoning By-law
Sylvia Vanhaverbeke
Edmond Vanhaverbeke
Durham Regional Planning Department
ATTACHMENT 1
TO REPORT PSD-012-14
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ATTACHMENT
TO REPORT PSD-012-14
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 2013-0033;
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 (C1) ZONE"
is hereby amended by adding thereto, the following new Special Exception zone
16.5.58 as follows:
Notwithstanding Section 3.13, 3.16 i.(iii), 3.22, 16.1 b. and 16.3 those lands
zoned C1-58 as shown on the Schedules to this By-law shall be subject to the
following uses and regulations:
a. Permitted Non-Residential Uses
- i) Bakery-Shop;
ii) Business, Professional or Administrative Office;
iii) Day Nursery;
iv) Financial Office;
v) Medical or Dental Clinic;
vi) Places of Worship;
vii) Retail/Commercial Establishment;
viii) School, Commercial;
ix) Service Shop, Light;
x) Service Shop, Personal; and
b. A drive-through facility is not permitted.
c. Regulations for Non-Residential Uses
i) Yard Requirements
a) Front Yard (Emily Street)
(i) Minimum 2 metres
(ii) Maximum 4 metres
b) Interior Side Yard (minimum) 1.25 metres
c) Exterior Side Yard (Church Street)
(i) Minimum 1.25 metres
(ii) Maximum 3 metres
ii) Building Height
a) Maximum 4 storeys
b) Minimum 2 storeys
iii) Landscaping (minimum)
a) Landscaped Open Space 15 percent
b) All parking areas shall be separated from abutting public streets by
a landscape strip having a minimum width of 3 meters.
c) All parking areas shall be separated from abutting public streets
through the use of a decorative fence measuring between 0.75
metres and 1.2 metres in height.
iv) Lot Coverage (maximum) 75 percent
v) Building Entrances:
The main entrance of the building shall be in the building fagade facing
Church Street.
vi) Outdoor storage is prohibited.
vii) Loading Space Nil
viii) Sight Triangle (minimum) 5 metres by 5 metres
ix) Parking Requirements:
a) No motor vehicle parking space or drive aisle to a parking space
shall be located between a building and a street line.
2. 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 (C1-58) 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 12014
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2014- ,
passed this day of , 2014 A.D.
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Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk
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