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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 � J f t' 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 -its 1771:• 1�.' 1 1 � tC _ Y 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 - i 12 + , 404 , _- - Church Street s .w 1 char _ -�=- fr � � i Y',ZBA 2014-0003/ 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 C NC I EET WEST CONCESSIO y~ C'lONST C? Gy, 05 STREFr yvo Q��=v oNS>q��r Bowman villeSP �`� yGRO ZBA 2074-0003 yS SCHEDUL 3