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HomeMy WebLinkAboutPSD-023-14 Cladiwa REPORT PLANNING SERVICES DEPARTMENT PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 5, 2014 Resolution#: cf By-law#: Report#: PSD-023-14 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-023-14 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, continue to be processed; and 3. THAT all interested parties listed in Report PSD-023-14 and any delegations be advised of Council's decision. Submitted by: Reviewed by: - Da id SXCrome, MCIP, RPP an llin Wu, Director of Planning Services Chief Administrative Officer RP/CS/av/df/jp 29 April 2014 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: PSD-023-14 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 a General Commercial (Cl) Zone Exception 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 lands are 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 — Key Map) FIGURE 1 — Key Map p F_ 1 Frame Garage Concrete Step 190 Church St w Z Storey Brick Sta -_y Dwelling t `.6: Asphalt (Conversion +O1 to Offico use) .p Driveway m. .z. U.. Concrete. porch 1 *4 Steps I J .'Concrete Sidewalk ;J" q. N Church Street ZBH 20740003 REPORT NO.: PSD-023-14 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. The rezoning would allow the conversion of an existing single-detached dwelling to office use with 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 this report. 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property is located on a street that currently includes residential, commercial and community facilities, one block north of King Street West. The site slopes down to the 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 driveway. The property is landscaped with a mature cedar hedge buffering the driveway from the residential property to west. The property has one tree in the front yard and seven mature trees in the rear yard. 3.2 The building located at 190 Church Street is identified as a "Primary" property on the Clarington inventory list of heritage properties. "Primary" properties are classified as the best examples of a particular style of architecture. FIGURE 2 — North View ti 7 REPORT NO.: PSD-023-14 PAGE 4 3.3 The surrounding uses are as follows (Figure 3): North - Low-density residential South - Mixed use building across Church Street East - Low-density Residential with two self contained units West - Low-density Residential FIGURE 3 — Context Map loft ire 190 Church Street i1 _ - � ® s V V f L� h9s1r eAs �� t -- ZBA 2014-0003 REPORT NO.: PSD-023-14 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 lands are within the "Built-up Area" of the Growth Plan. 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. The Owner's proposed conversion from residential to office use will achieve the objectives of the Growth Plan to maintain a complete community and 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 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 "Town Centre". The property is also within the Bowmanville East Town Centre Secondary Plan and is designated "Mixed-use Area". The "Mixed-use Area" designation incorporates predominantly residential dwellings. It is the intention of 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: REPORT NO.: PSD-023-14 PAGE 6 • low density residential • personal service and office uses • limited retail uses including gift shops • mixed use buildings 5.3 The proposed land use 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 would conform with the Secondary Plan. 7. SUMMARY OF BACKGROUND STUDIES 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 and other employment uses as it efficiently utilizes the existing infrastructure required to support services in downtown Bowmanville. The proposed office use is in keeping with the commercial designation in the Secondary Plan. It also indicated that the nature of the commercial uses proposed will facilitate land use compatibility 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 NOTICE AND 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 Municipal website and in the Planning Services electronic newsletter. 8.2 At the writing of this report, Staff had received three inquiries regarding this application. The following list summarizes the comments received and recorded by Staff: REPORT NO.: PSD-023-14 PAGE 7 • A resident expressed support for the proposed office use based on the perceived benefits of utilizing a heritage property for office space within the downtown. • A business owner indicated concerns with existing on-street parking and the proposal to reduce the parking requirements on the property. The availability of on-street parking, at the west end of Church Street, is already limited due to the presence of other commercial uses in the area. • A business owner indicated that there is available commercial space for similar uses within 120 metres of 190 Church Street in Bowmanville. The proposed office use adds to the competition for professional office tenants in the downtown. Some commercial units already within the downtown are vacant. This will affect the resale value of existing commercial business properties. 9. AGENCY COMMENTS 9.1 The Durham Regional Planning Department and Works Department have no objections to the proposed change in land use. 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 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 further reinforce the character of the East Bowmanville Town Centre. 11.2 Heritage 11.2.1 The property is identified as a primary heritage building in the Municipality's list of heritage properties as it depicts one of the best examples of "town house" design built during the 19th century in Bowmanville. In its overall form and design this house can be classified as vernacular late Georgian. The house is a two storey brick building, REPORT NO.: PSD-023-14 PAGE 8 built around 1855. The fagade 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. 11.2.2 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. This will maintain the heritage character of the property and surrounding context. The applicant's proposal also maintains the greenery so much needed in the downtown and advances the Municipal objectives of preserving trees. 11.2.3 The property abuts a residential zone to the east, west and north. Additional landscaping would be required through the site plan process to provide screening between uses. 11.2.4 The existing building and garage would 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 would require provisions to reflect the setbacks of the existing buildings on the property. 11.3 Parking Area and Loading Regulations 11.3.1 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 (63%). 11.3.2 The buildings in downtown Bowmanville which front on King Street are exempt from parking and loading requirements. Commercial uses fronting on Queen Street and Church Street are not exempt and must provide parking in accordance with parking standards. In the past Council has approved reductions to parking area, 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. A rezoning application was approved to permit professional offices at 55 Temperance Street (3 parking space reduction) and 120 Queen Street (1 parking space reduction). 11.3.3 It is stated in 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 proponent's proposal is that the existing driveway and REPORT NO.: PSD-023-14 PAGE 9 garage can accommodate three in-tandem parking spaces, which would be used for employees. All other customers and visitors would utilize the existing on-street and pay parking lots provided by the Municipality. 11.3.4 The Bowmanville East Town Centre Secondary Plan emphasizes the importance of providing redevelopment opportunities, while at the same time preserving local heritage character. The Zoning By-law requires a minimum drive aisle width of 4.5 metres. However, as the drive aisle is utilized to accommodate two parking spaces in- tandem a reduction of the drive aisle width would be required because of the existing layout. 11.3.5 The Zoning By-law requires 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. 11.3.6 The Clarington Official Plan provides for the Municipality to enact a cash-in-lieu of parking policy to collect funds for the improvement or expansion of parking facilities. 12. CONCURRENCE: Not Applicable 13. CONCLUSION 13.1 The purposed of this report is to provide background information on the proposal submitted by Mark Abernethy, James Abernethy and Tyler Smith for the Public Meeting under the Planning Act. Staff will continue processing the application including the preparation of a subsequent report upon resolution of the identified issues. 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-023-14 PAGE 10 List of interested parties to be advised of Council's decision: Mark Abernethy James Abernethy Tyler Smith Carolyn Sproatt Robin Jeffrey Dominick Forsellino Region of Durham Planning and Economic Development Department Municipal Property Assessment Corporation Glenn Genge, D.G. Biddle & Associates