Attachment No. 1 is a map showing the location of the subject site and the existing zoning for the area.

Transcription

1 ~OShawa. Report To: Development Services Committee Item: Date of Report: DS May 2,2012 From: Commissioner, Development File: Date of Meeting: Services Department Z May 7,2012 Subject: Revised Application to Amend Zoning By-law No Buena Vista Avenue and 64 Park Road North Domenic Cirone (Park Road Physiotherapy) PUBLIC REPORT 1.0 PURPOSE The purpose of this report is to provide a recommendation on the revised application submitted by Domenic Cirone (Park Road Physiotherapy) to amend Zoning By-law No to rezone 284 Buena Vista Avenue and 64 Park Road North to facilitate the expansion of the floor space and parking associated with the physiotherapist's office at 64 Park Road North. The app~icant's development proposal is to: (a) Demolish the single detached dwelling at 284 Buena Vista Avenue to accommodate an expansion to the office parking area; and (b) Convert the upper floor of the office building from a residential flat to office space for the physiotherapy business. In response to comments received at the public meeting the applicant has revised the application by deleting the originally proposed addition [131.4 square metres (1,414 sq. ft.) of gross floor area] to the existing building at 64 Park Road North. Attachment No. 1 is a map showing the location of the subject site and the existing zoning for the area. Attachment No.2 is a copy of the site plan submitted by the applicant that was considered at the public meeting. A public meeting was held on April 16, 2012 concerning the subject application. At its conclusion, the Development Services Committee adopted a recommendation to refer the application back to staff for further review and the preparation of a subsequent report and recommendation. The minutes of the public meeting form Attachment NO.3 to this report '109

2 Report to the Development Item: Services Committee (Continued) -2- Meeting Date: May 7, RECOMMENDATION That the Development Services Committee recommend to City Council: 1. That, pursuant to Report dated May 2, 2012, the revised application submitted by Domenic Cirone (Park Road Physiotherapy) to amend the Zoning By-law No (File: Z ) to permit the expansion of an office, use at 64 Park Road North and 284 Buena Vista Avenue be approved in accordance with the comments contained in the above noted report. 2. That, in accordance with. Section 34(17) of the Planning Act and notwithstanding that the rezoning proposed in the public meeting report and at the public meeting differs to some degree from that approved by City Council, such differences are not substantial enough to require further notice and another public meeting. 3.0 EXECUTIVE SUMMARY In response to the revised application submitted by Domenic Cirone (Park Road Physiotherapy) for 64 Park Road North and 284 Buena Vista Avenue, this Department recommends the approval of the revised application to amend the Zoning By-law No (File: Z ) to permit the expansion of the floor space and parking associated with the physiotherapist's office. The proposed development represents good planning, is compatible with existing uses in the area and increases access to health care. 4.0 INPUT FROM OTHER SOURCES 4.1 Public Comments ~ The minutes of the public meeting concerning the subject application.form Attachment NO.3 to this report. ~ Two area property owners have certain concerns related to parking. The following is the staff response: Parking Comment A key concern raised by the public was the need to ensure that the office expansion included adequate on-site parking to avoid on-street parking problems and overflow parking on adjacent properties. 11 0

3 Report to the Development Item: Services Committee (Continued) Meeting Date~ May 7,2012 Staff Response: A request made at the public meeting to prohibit on-street parking on the south side of Buena Vista Avenue has been referred to the Community Services Department for further review and discussion. The applicant has revised the application and removed the proposed two storey addition which reduces the minimum number of required parking spaces and accommodates 2 additional parking spaces.. In addition, it is recommended that the basement only be used for storage purposes. The applicant will provide sufficient parking to comply with the minimum Zoning Bylaw requirements if the staff recommended parking rate is approved. 4.2 Other Departments and Agencies ~ No department or agency that provided comments has any objection to the subject application. Certain technical issues and requirements related to the proposed development have been identified and can be resolved during the site plan approval or building permit processes, if the application is approved. 4.3 Auditor General ~ The Auditor General does not provide comments on reports of this nature. 5.0 ANALYSIS 5.1 Background ~ The subject site is located at the northwest corner of Buena Vista Avenue and Park Road North. ~ The applicant proposes to expand the floor space and the parking area associated with the existing physiotherapy office at 64 Park Road North. This proposal involves, in part, the demolition of the single detached dwelling at 284 Buena Vista Avenue to facilitate additional parking in support of the additional office space in the existing clinic. ~ The applicant has submitted the subject application since the existing zoning does not permit the proposed development. 111

4 Report to the Development Item: DS Services Committee (Continued) -4- Meeting Date: May 7,2012 ~ The following is background information concerning the subject application: Existing Oshawa Official Residential Requested/Proposed No Change Plan Designation Zoning By-law 284 Buena Vista Avenue Buena Vista Avenue and No R2/R3-AlR6-B (Residential) 64 Park Road North to 64 Park Road North - R2/R6- R2/R6-B/OC-B B/OC-B (Residential/Office (Residential/Office Conversion) Conversion) subject to Cl special condition to implement the proposed site design Use 284 Buena Vista Avenue - Expanded physiotherapist's ~ Adjacent Land Uses: Single Detached Dwelling 64 Park Road North Physiotherapist's office and flat office North Nursing Home South Mixed use (residential/commercial) building across Buena Vista Avenue, East Single detached dwellings across Park Road North West Single detached dwellings ~ Proposed Development Details: Lot Frontage on Park Road North 22.6 m (74.1 ft) Lot Area 1,031.5 sq. m. (11,168 sq. ft.) Existing Floor' Area at 64 Park Road North Basement sq. m. (1,222.8 sq. ft.) First Floor sq. m. (1,847 sq. ft.) Second Floor sq. m. (1,125 sq. ft.) Total Proposed Floor Area sq. m. (4,194.8 sq. ft.) Parking Spaces Required 16 based on recommended parking rate Parking Spaces Provided Oshawa Official Plan ~ The subject site is designated as Residential in the Oshawa Official Plan

5 Report to the Development Item: Services Committee (Continued) -5- Meeting Date: May 7,2012 ~ Section of the Oshawa Official Plan. specifies that areas designated as Residential shall be used predominately for Residential purposes. In addition, subject to the relevant provisions of this Plan and the inclusion of appropriate provisions in the zoning by-law, limited office uses are also permitted. ~ Section of the Oshawa Official Plan specifies that limited office, retail and personal service uses may be permitted as an exception within areas designated as Residential provided such uses do not exceed a maximum of 1,000 square metres (10,674 sq. ft) on an individual site, are compatible with surrounding land uses and do not detrimentally affect the development and function of Central Areas in accordance with Section 2.1 of this Plan, and subject to the inclusion of appropriate provisions in the zoning by-law. ~ Buena Vista Avenue is a Local Road and Park Road North is designated as a Type "B" Arterial Road. ~ The subject application conforms to the Oshawa Official Plan. 5.3 Zoning By-law No ~ 284 Buena Vista Avenue is zoned R2/R3-AlR6-B (Residential) which does not permit a professional office. ~ 64 Park Road North is zoned R2/R6-B/OC-B (Residential/Office Conversion) which does permit a professional office, including a physiotherapist's office. ~ The applicant has requested that the zoning by-law be amended to rezone the entire site as R2/R6-B/OC-B subject to a special condition to permit the proposed site design. ~ The R2 (Residential) Zone permits single detached dwellings, semi-detached dwellings, duplexes and converted dwellings (2 units). ~ The R3-A (Residential) Zone permits street townhouses. ~ The R6-B (Residential) Zone permits apartment buildings, nursing homes, homes for the aged and retirement homes. ~ The OC-B (Office Conversion) zone permits professional 'offices (including physiotherapist's offices), business offices, personal service establishments and a maximum of two dwelling units within existing main buildings lawfully existing prior to the conversion. ~ Parking for other professional offices (excluding medical offices) business office and personal service establishments are required at a lower parking rate than parking for a physiotherapist's office according to Zoning By-law No

6 Report to the Development Item: Services Committee (Continued) -6- Meeting Date: May 7, 2012 ~ This Department has no objection to the approval of the revised application to amend Zoning By-law No ~ The recommended zoning by-law for the subject site would: Rezone the subject site to R2/R6-B/OC-B (Residential/Office Conversion) subject to a special condition to permit the proposed development; Require a minimum of 16 parking spaces for the proposed use and restrict the use of the basement to storage purposes and apply a parking rate of 1 space/90 square metres of gross floor area to the basement for a physiotherapist's office; Implement the proposed site design as appropriate; and Apply an "h" holding symbql. The purpose is to ensure that site plan approval is obtained from the City for the proposed developmel)t including appropriate landscaping, fencing, parking and refuse storage. While \the holding symbol is in place only lawfully existing uses in existing buildings are permitted. 5.4 Site Design Considerations ~ There is an existing site plan agreement for the office building at 64 Park Road North. An amendment to the site plan agreement will be required if the subject application is approved. ~ Detailed design matters will be reviewed during the further processing of this application to ensure compliance with the City's Landscaping Design Policies and other policies. ~ Some of the specific matters this Department will be reviewing during the further processing of any future site plan application include: (a) Grading and servicing, including stormwater management; (b) Appropriate landscaping, buffers and fencing; and (c) Site design matters such as access, parking, and refuse collection. 5.5 Basis for Recommendation ~ This Department's rationale for recommending approval of the subject application is: The proposed use conforms to the Durham Regional Official Plan; The proposed use conforms to the Oshawa Official Plan; The proposed use enhances access to health care in this area of the City; The proposal can be designed to be compatible with adjacent land uses; The proposal is at the periphery of a residential neighbourhood and at the same depth as the existing commercial development to the south and nursing home development immediately to the north; and The proposal represents good planning.. '11 4

7 Report to the Development Item: Services Committee (Continued) -7- Meeting Date: May 7, FINANCIAL IMPLICATIONS ~ There are no financial implications. 7.0 RESPONSE TO THE COMMUNITY STRATEGIC PLAN ~ Approval of the subject application would advance Goal B (A Green and Sustainable Community) and Goal C (A Caring and Responsive Community) of the City's Community Strategic Plan by managing growth and using land wisely and by enhancing access to health care. -v~" '"1::> / /L-~" Paul Ralph, B.E.S., RPP, Director Planning Services ~M~' Thomas B. Hodg~.A., RPP, Commissioner. Development Services Department MJ/c Attachments 11 5

8 Attachment No. 1 DEVELOPMENT SERVICES DEPARTMENT Item No.: OS Subject: Application to Amend Zoning By-law No Address: 284 Buena Vista Ave and 64 Park Rd N File No.: Z ~ Subject Site.,\ 1 6

9 SITE STATISTICS (PROPOSED ADDITION): SIT : STATISTICS (EXISTING BUILDING): EXISTING LOT AREA (BOTH PROPERTIESl(GROSS): EXISTING LOT AREA (BOTH PROPERTIES)(NET1: M2 86S.aa M2 EXISTING LOT AREA (BOTH PRCPERTtESHGROSSI: EXISTING LOT AREA (SOTH PROPERTIESHNET): 1,037.4S M2 ass.ss M2 PAVED AREA: M2 (42.99%1 BUILDING (EXISTINGI AREA: M2 ( LANDSCAPED AREA: M2 ( BUILDING (EXISTING): BUILDING (EXISTINGI AREA: BUILDING (ADDITION) AREA: BUILDING (ADDITION): GROSS FLOOR AREA (BASEMENT - 43.BOM21 (FIRST FLOOR M2) STORIES ABOVE GRADE: STORIES BELOW GRADE: (SECOND FLOOR' 43.80M2J PARKING SPACES (REQUJREDHI/19M2): PARKING SPACES (PROVIDED): M2 ( M2 ( M B GROSS FLOOR AREA (BASEMENT M2) (FIRST FLOOR M2) (SECOND FLOOR' M2) STORIES ABOVE GRADE: STORIES BELOW GRADE: PARKING SPACES (REQUIRED): PARKING SPACES (PROVIDED): LOADING SPACES (REQUIRED): LOADING SPACES (PROVIDED): PARKING SPACES (BARRIER FREE): 3S9.70M o X5.SMl LOADING SPACES (REQUIRED): LOADING SPACES (PROVIDED): o PARKING SPACES (BARRIER FREEl: 1 (4.2 XS.SM) BUENA VISTA AVENUE Attachment No.2 Item No.: Subject: Address: File No.: OS Application to Amend Zoning By-law No Buena Vista Ave and 64 Park Rd N Z CitjofOshawa $ DEVELOPMENTSERVICES DEPARTMENT <

10 Item No. DS-t2- \59 Attachment No...3 DEVELOPMENT SERVICES COMMITTEE MEETING April 16, 2012 APPLICATION 2: DOMENIC CIRONE, PARK ROAD PHYSIOTHERAPY PRESENTATION Domenic Cirone and Dan O'Brien, Park Road Physiotherapy addressed the Committee. concerning their application to amend Zoning By-law to rezone 684 Buena Vista Avenue and 64 Park Road North to facilitate the expansion of the floor space and parking associated with the physiotherapist office. The Committee questioned Domenic Cirone and Dan O'Brien. DELEGATIONS The Chair asked if any members of the public wanted to address the Committee concerning the application. Victor Weidmark addressed the Committee concerning the application to amend Zoning By-law at 284 Buena Vista and 64 Park Road North expressing concern regarding parking, noting that when cars are parked on both sides of the road it is a safety hazard because visibility is reduced. Victor Weidmark recommended that one side of the road be designated as 'no parking'. No other members of the public wanted to address the Committee concerning the application. CORRESPONDENCE None. ADDITIONAL AGENDA-RELATED ITEMS Moved by Councillor Pidwerbecki, "That Correspondence DS from Giuseppe Barbieri submitting comments regarding Report DS-12-93, Application to Amend Zoning By-law 60-94, 284 Buena Vista Avenue and 64 Park Road North, Domenic Cirone (Park Road Physiotherapy) be added to the April 16, 2012 agenda of the Development Services Committee." CARRIED ON 2/3 VOTE OF MEMBERS PRESENT DS Giuseppe Barbieri - Submitting Comments Regarding the Application to Amend Zoning By-law 60-94,284 Buena Vista Avenue and 64 Park Road North, Domenic Cirone (Park Road Physiotherapy) Moved by Councillor Pidwerbecki, 11 8

11 Development Services Committee Minutes April 16,2012 REPORT "That Correspondence DS ) dated April 12, 2012 from Giuseppe Barbieri submitting comments regarding the application to amend Zoning By-law at 284 Buena Vista Avenue and 64 Park Road North by Domenic Cirone (Park Road Physiotherapy), be referred to staff." CARRIED DS Application to Amend Zoning By-law 60-94, 284 Buena Vista Avenue and 64 Park Road North. Domenic Cirone (Park Road Physiotherapy) Moved by Councillor Pidwerbecki, "That the application submitted by Domenic Cirone (Park Road Physiotherapy) to amend Zoning By-law (File Z ) to permit the expansion of an office use at 64 Park Road North and 284 Buena Vista Avenue be referred back to the Development Services Department for further review and the preparation of a subsequent report and recommendation. This referral does not constitute or imply any form or degree of approval." CARRIED Moved by Councillor England, "That the meeting adjourn." CARRIED The meeting adjourned at 6:43 p.m. 119