The Chairman and Members of the Planning Committee. 189 Lisburn Street Rezoning (Glenn and Susan Field)

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1 TO: FROM: The Chairman and Members of the Planning Committee Richard Straka, Planner, Policy & Research MEETING DATE: July 25, 2005 SUBJECT: 189 Lisburn Street Rezoning (Glenn and Susan Field) PURPOSE A report to evaluate the planning merits of rezoning the residential property at 189 Lisburn Street to recognize the existing two unit dwelling on the property, and potentially a new two unit residential dwelling and a new, single unit residential building lot. RECOMMENDATIONS That Council approve the recommendations outlined in report PLPD dated July 25, 2005, of the Planner, Policy and Research, as follows: a.) b.) That the application for Zoning By-law Amendment, as submitted by Glenn and Susan Field for the property at 189 Lisburn Street, be approved; That the property be rezoned from D.1 Development District to R.1, and R.2, Residential District, to permit development one or two unit residential dwellings. c) That, the by-law amendment include a holding provision, removal of which shall be conditional upon site plan approval to ensure compatibility with established neighbouring heritage residential properties.

2 Page 2 BUDGET AND FINANCIAL IMPLICATIONS There are no direct budget or financial implications arising from the approval of this application. RATIONALE This rezoning of the property from D.1 Development District to R.1 and R.2 Residential District will facilitate an appropriate residential use of the property at 189 Lisburn Street connected to City services. BACKGROUND The property at 189 Lisburn Street is located at the northwest corner of the intersection of Lisburn Street and Moir Street and is currently used as a single unit dwelling. The existing building has heritage value and is worthy as a designated building pursuant to the Ontario Heritage Act. Since this application was originally presented to Planning Committee, the applicants have decided to retain the building on the property. The application of the R1, R.2 residential zoning to the whole property would facilitate the potential for a severance in accordance with the regulations of the zoning district to allow potential development of a two-storey, two -unit residential dwelling of which one ofthe lower floor dwelling units would be barrier-free/accessible for occupancy by a member of the applicant s family. The zoning would recognize the existing heritage building on the property as a two unit dwelling; and there would remain the potential to sever and create an additional lot for a single unit dwelling to the north of the existing building. The property (including other area single unit dwelling building lots) is zoned D.1 Development District. This zone does not permit the proposed redevelopment, and thus rezoning approval is required. Lisburn Street, north of Moir Street, is a local street, having a sub standard road allowance width. It is desirable to maintain the physical qualities and attributes of this street. The rezoning approval achieves this objective. Care and attention will be given to the design, location and architectural details of the proposed two unit dwelling and the single-unit dwelling to be built on the property. Consideration of this zoning application has identified the existing building on the property as a heritage building, a workman s cottage circa 1870 worthy of heritage designation (confirmed by the City s Heritage Preservation Officer). The existing single

3 Page 3 unit dwelling at 205 Lisburn Street was recently designated for heritage purposes. This property is separated from the subject property by a single unit residential property, which also has a building on it worthy of heritage designation. The existing dwelling - viewed from the southeast. The existing dwelling- viewed from the northwest. 205 Lisburn Street Moir Street- south side of the property.

4 Page 4 ANALYSIS a) Provincial Policy Statement (PPS) Section 3(5) of the Planning Act requires that all decisions on planning matters be consistent with the PPS. The application has been reviewed by staff in the context of the PPS and Staff are satisfied that the proposed rezoning is consistent with the general intent of the PPS. However, particular consideration should be given to Section 2.6.1, dealing with conservation of significant built heritage resources. For the purposes of the PPS Council must determine if the existing worker s cottage represents a resource that is valued for an important contribution made to our understanding of the history of place, events and people. b) Official Plan The subject property is designated by Schedule A Land Use as Residential. The Low Density Residential policies of the Official Plan permit residential uses having a maximum density of 25 units per hectare (10 units per acre). The proposed zoning and use of the property for one and two unit dwellings conforms to the low-density designation of the property. Provided, of course, that the applicant agrees with Staff s recommendation that the Planner, Urban Design, approve building plans prior to issuance of a building permit. If so, Staff will be in a position to ensure that the design of any proposed building will be compatible with the character of the neighbourhood, particularly the heritage buildings, in accordance with the infilling policy of the Official Plan. Both Lisburn Street and Moir Street are designated as local streets. The Official Plan requires a road allowance of 18.5 metres (60.6 feet) to 20 metres (66 feet) for a local street. Utility Services responded to the circulation requesting a 3.6 metre (12 ft) road widening from the property in relation to Moir Street to widen the road allowance to approximately 9.6 metres (31.5 ft). Lisburn Street currently serves six dwellings. A road widening was not requested for Lisburn Street, which will remain 8 metres (26 ft) wide. c) Zoning By-Law The property is proposed to be rezoned from D.1 Development District to R.1, R.2 Residential District to permit a one or a two unit dwelling. A holding provision is recommended to ensure that the City has an opportunity to review site plans, for heritage compatibility, and consider the potential for retention or relocation of the existing building.

5 Page 5 d) Site Development i) South Portion The applicant is contemplating a two unit dwelling with the front oriented toward Lisburn, Street from where it will appear as a one storey dwelling with a double car garage. From the west the walk out design will appear as a two-storey building (from Rotary Trail). The property will be accessed by one doublewide driveway from Lisburn and one driveway from Moir Street where it terminates at Rotary Trail. It is expected that the owner will apply for severance to define the parcel for the new duplex independent of the existing building on the balance of the property. ii) North Portion The owner intends to use the heritage building on the property for a residence in the short term. The north portion of the overall property is large enough to sever and create an additional building lot for a single-unit dwelling apart from the existing building on the property. No specific development plans have been advanced at this time. However, an application for severance to create a new lot for a potential single unit dwelling should be anticipated in the longer term. Depending upon the size of the proposed lot, there may be some implications regarding the location of heritage building on the property. Staff are recommending that this development be subject to site plan approval, to ensure that prior to the issuance of future building permits, building plans (exterior architectural treatments/features) be reviewed and approved by the Planner, Urban Design, in order to ensure compatibility with the heritage character of area residential properties/buildings. OTHER PERTINENT CONSIDERATIONS a) The proposed rezoning and development of the subject property should consider the following: Driveway/Vehicle Access - One (1) driveway from both streets (Lisburn Street and Moir Street); Road widening - The conveyance of a 3 metre parcel of land along the Moir Street frontage of the property; Heritage building - The existing building on the property does have heritage value.

6 Page 6 RESPONSE TO NOTICE a) Significant Agency Responses: Agency circulation was issued on January 21, The following agencies/departments have offered comments/requests regarding the rezoning of the property. i) Heritage Preservation Officer: That the existing building at 189 Lisburn Street is worthy of heritage designation. ii) Utility Services Department: No concerns with the rezoning of 189 Lisburn Street subject to: Servicing approvals; Road widening of 3.6 m (12 ft) along Moir Street to align with the width of Moir St east of the Lisburn St intersection. A 10 metre daylight triangle at the intersection would also be required. Cash-in-lieu of parkland; and Determine the heritage value of the existing house. While all issues, commented upon, could be addressed as conditions for approval of a severance the City s control would be ensured by imposing an H Holding symbol. No other agencies/departments have expressed any significant concerns or requests regarding the proposed rezoning. b) Summary of Public Responses: Notice of Public Meeting was issued by direct mail and by newspaper advertisement (Peterborough Examiner) on June 30, The notice complies with the requirements of the Planning Act. No written responses were received.

7 Page 7 SUMMARY This rezoning application will facilitate an appropriate development of an under utilized residential property. The imposition of site plan approval will address the PPS relative to Cultural Heritage and the comments of the Utility Services Department. All of which is respectfully submitted, Concurred with, Richard Straka Planner, Policy & Research Ken Hetherington Acting Manager, Planning Division RS: ATTACHMENTS: EXHIBITS: a) Land Use Map b) Concept Plan c) Draft By-law Contact Name Richard Straka Planner, Policy & Research Planning & Development Services Phone Ext Fax rstraka@city.peterborough.on.ca

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10 Page 10 EXHIBIT C Page 1 of 3 TO: FROM: Ms. Nancy Wright-Laking, City Clerk Richard Straka, Planner, Policy & Research MEMORANDUM File: Z0511 DATE: 2005 RE: By-law to amend the Zoning By-law at 189 Lisburn Street Attached is a by-law which is for presentation to City Council on May 2, This by-law is prepared in accordance with the Council resolution dated, I would suggest the following explanation for circulation of the by-law: "By-law 05- rezones the property at 189 Lisburn Street from D.1 Development District to R.1, R.2 Residential District subject to a Holding (H) symbol to permit a single or a two unit dwelling. Yours truly, Richard Straka Planner, Policy & Research RS Copies of the Notice of By-law passage and approval to be sent to: Mr. J. Hart, City Solicitor Mr. Bob Waldron, Manager, Building Division Applicant/Owner: Mr. and Mrs. Glenn S. Field, 1233 Hilliard St., Peterborough, Ont., K9H 5S3

11 EXHIBIT C Page 2 of 3 THE CORPORATION OF THE CITY OF PETERBOROUGH BY-LAW NUMBER 05- A BY-LAW TO AMEND THE ZONING BY-LAW FOR 189 LISBURN STREET THE CORPORATION OF THE CITY OF PETERBOROUGH BY THE COUNCIL THEREOF ENACTS AS FOLLOWS: 1. Map 8b forming part of Schedule 'A' to By-law is amended by changing the area shown on the sketch attached hereto as Schedule 'A' from D.1 to R.1, R.2. (H) 2. Until such time as the Holding (H) symbol is removed the use of the property shall be limited to the existing residential use. 3. Removal of the Holding (H) symbol shall be conditional upon site plan approval. By-law read a first and second time this day of, By-law read a third time and finally passed this day of, (Seal) Sylvia Sutherland (Mayor) Nancy Wright-Laking (Clerk)

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