Planning committee sends new business zone idea to council

Please note: The following story contains updated information that does not appear in today's print edition. This information was not available at the time today's edition went to print.

By Michael Gorman

THE VANGUARD

NovaNewsNow.com

The town's Planning Advisory Committee (PAC) approved the creation of a new business zone that would create a buffer of sorts between the Central Business District and residential neighbourhoods.

The Business Floating zone, if approved by town council, would allow lots that immediately abut the central business district to apply for the distinction.

The proposal is the result of an application for 25 Willow St., 27 Willow St. and 15 Collins St. The applicants, Michael Tavares and Neil Hisgen, sought a way to rezone the locations from residential to commercial. Because that request would not have been doable under the town's municipal planning strategy, nor would town staff support it, the idea for the floating designation was developed by the town's planner, Arthur MacDonald. Tavares is a member of the PAC.

"Right now with the hard line running down the middle of Willow Street there's almost no chance that the other side of Willow Street will ever be able to be commercial," said Tavares. "And if it is turned commercial, there are no restrictions or any parking requirements required in the Central Business District, which could have a negative impact on the residential district behind it."

The applicants want to convert the locations, splitting them between meeting space, convention centres, office space and executive apartments. Tavares said this was a way of retaining the residential feel of the neighbourhood while allowing sustainable uses for the buildings that abut the Central Business District.

"It allows some of these larger homes that really aren't affordable as private homes anymore to have uses that make them sustainable," he said.

In a letter to the PAC providing them with information on the application, MacDonald said allowing the applications to proceed with the rezoning from residential to commercial could open the door for drastic and not always positive changes to the nature of the neighbourhood.

"Though the text, objectives and policies could be amended to accommodate the request, it is the potential impacts on the residential fabric that could cause serious harm due to the relaxed provisions within the Downtown Commercial (C-1) zone . . . As the C-1 zone does not provide adequate safeguards to minimize the effects of commercial development on an existing residential neighbourhood, it is recommended to consider other alternatives."

MacDonald said that he believes the Business Floating zone is a good compromise that would allow some commercial uses in residential neighbourhoods while maintaining the nature of those zones. He said enough safeguards are in place, including requiring the final approval of town council, to prevent negative results.

"The intent is to enable a transitional area between the Central Business District and the surrounding residentially zoned areas where certain commercial uses would be able to co-exist with residential uses with restrictions that minimizes their potential to adversely affect adjacent and nearby properties," he writes in his information for the PAC.

In an interview, MacDoanld said the present setup creates a rigid line when it comes to blending the commercial zone with residential zones.

"It's like two opposite ends or two poles being forced together at Willow Street — one on one side of the line and one on the other. The business floating zone comes in the middle of that and provides a smooth transition between the commercial uses and their restrictions . . . That will allow some uses that are permitted in the commercial zone, some uses that are permitted in the residential zone and then it has really strict guidelines to protect the residential fabric of those areas."

Reports from other town staff also indicate that if the rezoning were to happen, simply going from residential to commercial would not be adequate.

In a memo dated April 16, 2008 from David Ernst, the town engineer, that was provided to the PAC, it is noted that while the application should have no impact on traffic flow and is adequately serviced by water and sewer, there is not adequate off street parking for the proposed function facility at 27 Willow Street, that there is limited street parking within a one-two block radius of the locations and that parking restrictions apply during the winter, spring and fall months.

Linda Campbell, who recently retired as the town's heritage officer, said in a memo provided to the PAC dated March 18, 2008, that while she supports what the applicants want to do, she also feels the rezoning from commercial to residential leaves too many doors open for the neighbourhood.

Thus the idea for the Business Floating (B-F) zone.

Uses deemed appropriate for such a distinction include: residential dwelling units up to a maximum of four units per lot; personal service shops; business offices; professional offices; municipal, provincial and federal government offices; public parks; institutional uses; day nurseries; medical clinic; guest homes; coffee and tea shops; antique shops; art galleries; inns with function rooms; convention centres; and restaurants.

However according to the proposal, a property wouldn't actually have to abut the hard line to qualify for the B-F zone. Once a property is zoned B-F, properties abutting it could become eligible for the distinction.

And while at last night's meeting of the PAC an amendment to the proposal was passed that established a hard line surrounding the area that is eligible to apply for the B-F zone, MacDonald said that if all of the properties leading up to that hard line applied for and received permission to rezone, properties on the other side of the line would have an argument for applying to have the hard line amended.

However, he said, the intent of the zone is to keep it as centralized and compact as possible and any B-F designation is subject to the approval of council.

At the PAC meeting MacDonald said the reason for the amendment was to prevent the B-F zone from continuing forever into residential neighbourhoods. He believed the change would be enough to protect the integrity of areas surrounding the B-F zone while keeping the new zone close to the Central Business District.

Murray Judge, chair of the PAC and a town councillor, said he is still pondering the ramifications of the application for the new zone. He said the designation of residential districts already leads to some concerns.

"The rational for having a rigid downtown core was because it was supposed to be a confined space," he said. "And now this is going to sort of start wavering it."

Judge said he would wait to see the results of the public hearing on the matter this Thursday at 7 p.m. before finalizing his opinion on the idea.

"I can see the benefits of it because it provides some flexibility around the downtown core and then you've also got the south end. But how much commercial space do we need in this town?"

Judge said this wasn't a case of creating a situation to allow a single applicant to do what he wants, given that the creation of the new zone would impact other applications before the PAC.

"It's trying to be flexible, which we would do for anyone, but sometimes by being flexible (you could) undermine your original intent."