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HomeMy WebLinkAboutPSD-009-15 (1 0 rr - Planning Services Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. 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 i 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 •sir Sb;ect •opert; V ii LU AGE i s �: q VAN 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. AY2 r r i i w N � � Q r Q' it U r ® Zoning Change From"(H)R1"To"C1-61" j ®Zoning To Remain"(H)R1" Adrian Foster,Mayor C.Anne Greentree,Municipal Clerk ----�URHAA4 HIGH _ - ELZ VA oV---t R'I�`ol=� -Z - ! r i >>` M__ N • Y� - �QVZ- - �z- = i Wes_._---------------- - I _� i Z, I� AY2 z �T �� 7 0 �: RATHALLAN DRIVE _ NI _ 1�:�_ IIIII—IZ '_� It Courtice ° car HL-.. W-- J �I- � I n jT I -r�r.l E FNUE¢- - F ZBA 2014-0026_ !_� �._-4�_I I o tr�CHEDULE 4--