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Home My WebLink AboutPSD-048-18Clarftwn Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: June 4, 2018 Report Number: PSD -048-18 Resolution Number: PD -119-18 File Number: ZBA 2017-0031 By-law Number: 2018-058 Report Subject: An Application by 2533937 Ontario Inc. to rezone the lands at 2005 Green Road to permit the development of a two-storey commercial building, and a multi—storey, mixed use building. Recommendations: 1. That Report PSD -048-18 be received; 2. That the application to amend the Zoning By-law 84-63 by 2533937 Ontario Inc. be approved and that the Zoning By-law as contained in Attachment 1 to Report PSD -048- 18 be passed; 3. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -048-18 and Council's decision; and 4. That all interested parties listed in Report PSD -048-18 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD -048-18 Report Overview Page 2 This report recommends the approval of an application by 2533937 Ontario Inc. to amend the Zoning By-law to permit the construction of a two-storey commercial building and a multi- storey, mixed use building at the northeast corner of Green Road and Stevens Road in Bowmanville. The proposed development conforms with the Clarington Official Plan and the Bowmanville West Urban Centre Secondary Plan. 1. Application Details 1.1. Applicant: 2533937 Ontario Inc. (Timothy Chai) 1.2. Proposal: Amend Zoning By-law 84-63 from "Agricultural (A)" to "Street - related Commercial Exemption (C9-6)" to allow the construction of two buildings: a two-storey commercial building, and a three to six storey mixed-use building. 1.3. Area: 4,640 square metres 1.4. Location: 2005 Green Road, Bowmanville 1.5. Roll Number: 1817-010-030-01710 1.6. Within Built Boundary: Yes 2. Background 2.1 The applicant has proposed to erect two buildings on the subject site at 2005 Green Road, Bowmanville. The proposed building at the corner of Stevens Road and Green Road will be a multi-storey mixed use building, built close to the street, with residential units above retail on the ground floor (see Figure 1). The proposed building on the east corner along Stevens Road will be a two-storey commercial building (see Figure 2). 2.2 On December 3, 2017, a Public Meeting was held to obtain public comments on the rezoning application. There was a delay in the application process, as the applicant placed the file on hold for several months. Amf ■mmim ■■w= one, soW4 �1�# rrrr cru limp-,- flow FIRMS 11111111111 u� Municipality of Clarington Report PSD -048-18 Page 4 f Mixed Use Commercial ,� Building �• - Building g 0 Stevens Road% Figure 3: Conceptual Site Plan 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at the northeast corner of Stevens Road and Green Road in Bowmanville. The west portion of the property along Green Road currently has a residential dwelling, a shed, and an outdoor swimming pool (see Figure 4). The east part of the property, beyond the fenced backyard, is vacant (see Figure 5). Figure 4: Single -detached dwelling as viewed from Green Road facing east. Municipality of Clarington Report PSD -048-18 Figure 5: View of the east side of the site on Stevens Road. Page 5 3.2 The surrounding uses are as follows: North - A mixed-use building and the athletic fields associated with Clarington Central School South - West Bowmanville Shopping Centre, including Dollarama and Home Depot East - Clarington Central Secondary School West - Commercial including Canadian Tire and Walmart 4. Provincial Policy Provincial Policy Statement, 2014 4.1 The subject property is located within the Bowmanville urban area. The Provincial Policy Statement identifies settlement areas as the focus of growth and development. Land use patterns within settlement areas shall include a mix of land uses, intensification and redevelopment where it can be accommodated. A mix of housing types and densities are to be provided. Long term economic prosperity is to be promoted. 4.2 The application is consistent with the Provincial Policy Statement. Municipality of Clarington Report PSD -048-18 Provincial Growth Plan Page 6 4.3 The Growth Plan for the Greater Golden Horseshoe requires municipalities to achieve intensification within built-up areas. The subject property is located within the built-up area boundary where intensification is encouraged. The Growth Plan strives to achieve compact and complete communities by promoting intensification in settlement areas. In order to achieve complete communities, development must: )feature a diverse mix of land uses; ximprove social equity and overall quality of life; xprovide a diverse range and mix of housing options; xprovide easy access to a range of transportation options; and xensure development is of high quality compact form. 4.4 The proposed development conforms with the Provincial Growth Plan. 5. Official Plans Durham Regional Official Plan 5.1 The Durham Region Official Plan designates the property as a Regional Centre. Regional Centres are to develop to provide a fully integrated array of institutional, commercial, major retail, residential, recreational, cultural, entertainment and major office space. 5.2 The proposed mixed-use development conforms with the Durham Region Official Plan. Clarington Official Plan 5.3 The subject land is designated "Urban Centre" within the Clarington Official Plan and is further designated "Street -Related Commercial" within the Bowmanville West Urban Centre Secondary Plan. This proposal for a mixed-use development conforms with the policies of the Clarington Official Plan and the Bowmanville West Urban Centre Secondary Plan. 6. Zoning By-law 6.1 This site is currently zoned "Agricultural (A)" in Zoning By-law 84-63. The applicant is seeking an amendment to the Zoning By-law to both implement the Official Plan and Secondary Plan designations and accommodate the two proposed buildings. Municipality of Clarington Report PSD -048-18 7. Summary of Background Studies Page 7 Planning Justification Report & Urban Design Brief, D.G. Biddle & Associates Limited, September 2017 7.1 The Planning Justification Report evaluates the proposed development based on applicable planning policy, compatibility with adjacent development, integration of the site to the existing road network, and also provides an urban design brief. The proposed mixed-use development: x offers compact development and minimizes land consumption; x minimizes servicing by locating adjacent to existing municipal services within the settlement and built boundary; x assists the Municipality of Clarington in achieving residential intensification targets for Bowmanville and offers affordable housing options; and, x supports active transportation and public transportation. The report concludes that the proposed rezoning would allow the development of an underutilized property, which will assist the Municipality in meeting intensification targets for the Bowmanville West Urban Centre. Functional Servicing and Stormwater Management Report, D.G. Biddle & Associates Limited, September 2017 7.2 The subject site is within the Westside Creek Watershed, and therefore surface runoff water drains into Westside Creek. The stormwater runoff is currently conveyed overland on Stevens Road. In order to service the proposed development, D. G. Biddle & Associates Limited has identified the functional servicing requirements for the proposed development, including improvements to the existing servicing. The proposed storm drainage system will allow peak storm events up to and including the 100 year return frequency. The proposed storm drainage system will be able to withstand a critical duration storm. Traffic Impact Study, Transplan Associates, July 2017 7.3 Transplan Associates developed a traffic study for the proposed development after the build -out of each phase. It was determined that the intersection of Stevens Road and Green Road would be able to maintain an acceptable level of service with stop signs for north to south movement, however the east to west movements will continue to deteriorate to critical levels. The study introduces future mitigation measures to accommodate the increase in traffic for east to west movements caused by the final build -out of the Brookhill neighbourhood development, including a signalized intersection. Municipality of Clarington Report PSD -048-18 Phase One Environmental Site Assessment, Walt Gibson Engineering, 2017 Page 8 7.4 Walt Gibson Engineering conducted a Phase One Environmental Site Assessment (ESA) of the subject property, to determine if there is any contaminates on the site. The study determined there are no areas of obvious or potential environmental concern, and no further investigation is required. The subject lands, from an environmental prospective, is suitable for the proposed redevelopment. Stage 1 & 2 Archaeological Assessment, Northeastern Archaeological Associates Ltd. 7.5 The Northeastern Archaeological Associates Ltd. prepared a Stage 1 and 2 Archaeological Assessment. Stage 1 determined the subject property had potential for the recovery of archaeological resources of cultural heritage value. The Stage 2 assessment consisted of a test -pit survey which did not result in the discovery of any material of archaeological interest. Northeastern Archaeological Associates Ltd stated that no further archaeological assessment is required for the property. 8. Public Submissions 8.1 Staff received two inquiries regarding the proposed rezoning from the public in November 2017. 8.2 One inquiry requested information on the location and the number of the proposed apartments. 8.3 The adjacent landowner contacted staff regarding the completion of the mutual laneway easement between 2021 Green Road and 2005 Green Road. 8.4 The landowner south of the subject property (Beth Kelly of Valiant Rental Inc) spoke in opposition to the rezoning application at the Public Meeting held on Monday December 4, 2017. Ms. Kelly was concerned about the compatibility of the residential units within the proposed mixed-use building with the commercial building to the south (Dollarama and future phases) and the associated loading areas. 9. Agency and Departmental Comments 9.1 Regional Municipality of Durham has no objections to the proposed rezoning. Regional engineering requirements will be addressed through the site plan approval. 9.2 The Engineering Services Department has no objections to the proposed rezoning. Engineering Services finds the Traffic Impact Study acceptable and there are no concern with traffic generated from the site onto the existing road network. Traffic signals are tentatively scheduled to be installed at the intersection of Stevens Road and Green Road in 2018. Also, Engineering Services generally finds the most recent grading and servicing plan to be acceptable. 9.2 Emergency and Fire Services has no objections to the proposed rezoning. Municipality of Clarington Report PSD -048-18 Page 9 9.3 The Finance Department has confirmed that the taxes on this property are up-to-date. 10. Discussion Permitted Uses 10.1 The proposed land uses include retail and services which are complementary to the character of the surrounding community. The uses in the recommended by-law implements the Official Plan policies of creating a mix of uses at higher densities with an active streetscape. Phasing 10.2 The applicant intends to phase the development with the dental office proceeding first. The recommended zoning by-law permits phased development. Densities and Heights 10.3 The Clarington Official Plan encourages intensification within Urban Centres, and requires all development within Urban Centres to contribute to the minimum density requirements of 120 residential units per net hectare for all of the Bowmanville West Urban Centre. The Official Plan also states, all commercial buildings within Urban Centres must have a minimum height of two storeys. A storey is defined as a floor area equal to no less than 50% of the floor area immediately beneath it. The proposal achieves the highest possible density that can be accommodated in the site, given the awkward linear configuration of the lot. Noise and Disturbance 10.4 Valiant Rental Inc. to the south raised a concern about the potential noise generated by the existing and future commercial business and loading areas south of the proposed residential units in the mixed-use building. The site plan review for the mixed-use building will include a Noise Study to evaluate the existing noise level generated by delivery vehicles on and off the property and provide mitigation measures to meet Ministry standards for the future residential units. It is likely that traffic noise will be a more significant noise concern and there will be mitigation measures to address all noise sources. Easement between Neighbouring Property 10.5 The property to the north (2021 Green Road) was approved for mixed use development in May 2015. The layout of the development at 2021 Green Road was designed to allow a future laneway with the development at 2005 Green Road (the subject site). The purpose of this laneway is to permit vehicular and pedestrian access through both properties (see Figure 6). Each property owner will grant an access easement over their portion of the laneway in favour of the neighbouring property owner. Municipality of Clarington Report PSD -048-18 4d'.. Green RoPlaza Existing Easement 'JF°1 I I Phase.11 r�i ,_ropose Easem Building l l l r l l l. l l l l Page 10 Phase I , Building ----- --- = ---- — — « Stevens Road -------------- 1 ------- — — — — — — IN - Figure _ - Figure 6: Proposed laneway easements over 2005 Green Road and 2021 Green Road Urban Design 10.6 The recommended by-law and the future site plan process will create an active streetscape by considering the urban design elements listed below: x Incorporating pedestrian design elements as required within Urban Centres, and more specifically within the Street -Related Commercial designation; x Creating an active streetscape, by locating retail businesses on the ground floor; x Buildings will be sited near the street with direct access to public sidewalks; and x Attractive and functional streets, with full height windows and canopies. Trees 10.7 The proposed site plan will require the destruction of a number of trees, including trees planted in the road allowance as part of the construction of Stevens Road. In a higher density development, tree loss is inevitable. The future site plan will include landscaping but the conditions of site plan approval will also require a compensation requirement for tree loss which would also include off-site compensation if it cannot be accommodated on site. 11. Conclusion In consideration of all agency, staff and public comments, it is respectfully recommended that the application to rezone the lands to permit the development of a two-storey commercial building and a multi- storey mixed-use building be approved. Municipality of Clarington Report PSD -048-18 12. Strategic Plan Application Page 11 The recommendation contained in this report conforms to the Strategic Plan to provide for a walkable mixed-use neighbourhood and encourage a "small" town feel, as well as support a variety of affordable mixed housing types and community design attributes that support our residents at every stage of life and across all abilities. Submitted by: Reviewed by: David J. Crome, MCIP, RPP Andrew . Allison, B.Comm, LL.B Director of Planning Services CAO Staff Contact: Ms. Tanjot Bal, Planner, 905-623-3379 ext. 2422 or tbal(a-_)clarington.net Mr. Carlos Salazar, Manager, 905-623-3379 ext. 2409 or csalazar(a_clarington.net Attachment: Attachment 1 - By-law and Key Map The following is a list of the interested parties to be notified of Council's decision: Ms. Hilary Kerrigan Ms. Denise Wilkins Ms. Beth Kelly Mr. Nikolas Papapetrou Ms. Erin Brady Mr. Jass Gill TB/COS/nl i"L"parimemuwU ivt* FILING SYSTEM\Application Files\ZBA-Zoning\2017\ZBA2017-0031 2533937 Ont Inc 2005 Green Road\6-Staff Reports\Recommendation Report\PSD-048- 18.docx Attachment 1 to Report PSD -048-18 Corporation of the Municipality of Clarington By-law Number 2018 - being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington, as amended. 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 2017-0031; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. "Section 22B STREET -RELATED COMMERCIAL EXCEPTION (C9-6) Zone, is hereby amended by the following Special Exemption zone 22B.4.5 as follows: 22134.6 STREET -RELATED COMMERCIAL EXCEPTION (C9-6) ZONE Notwithstanding Section 3.12 c., 22B.2.a, 22B.2 b., 22B.3 a., 22B. 3 b., 22B. 3 c. i., ii., 22B.3 i., those lands zoned C9-6 as shown on the Schedules to this By-law shall be subject to the following uses and regulations: a. Permitted Residential Uses Residential dwelling units are permitted on the second floor or higher of a four -storey building containing permitted non-residential uses on the ground floor. b. Permitted Non-residential Uses Beer, liquor or wine retail outlet; ii. Business, professional, or administrative office; iii. Convenience store; iv. Day nursery; V. Dry cleaning distribution centre; vi. Eating establishment; vii. Laundry; viii. Medical or dental clinic; ix. School, Private; X. Retail/commercial establishment; and A. Service shop, personal. c. Regulations i. Building Height: a) Height of building containing non-residential uses (minimum) 2 storeys b) Height of building containing residential uses (minimum) 4 storeys ii. Minimum Storey Requirement Above the ground floor, each storey shall contain a floor area equal to no less than 50% of the floor area immediately beneath it to be considered a storey. iii. Yard Setback Requirements a) Front Yard (Minimum): 2 metres b) Front Yard (Maximum): 5 metres c) Exterior Side Yard (Minimum): 2 metres d) Exterior Side Yard (Maximum): 5 metres e) Interior Side Yard (Minimum): 1.5 metres f) Rear Yard (Minimum): 1.5 metres iv. Loading Space Requirements a) Loading Space (3 metres x 7.5 metres) 1 space 2. Schedule '3' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" to "Street -Related Commercial Exception (C9-6) 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 and 36 of the Planning Act. By -Law passed in open session this day of 12018 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk This is Schedule "A" to By-law 2017- , passed this day of , 2017 A.D. Stevens Road ct3 a� a� 0 Durham H49hwaY2 Zoning Change From "A" To "C9-6" N Adrian Foster, Mayor Bowmanville • ZBA 2017-0031 . schedule 3 C. Anne Greentree, Municipal Clerk