HomeMy WebLinkAboutPSD-051-08
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REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
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Date:
Monday, June 2, 2008
Report #:
PSD-051-08
File #: COPA 2005-0010
and ZBA 2005-0058
By-law #:
Subject:
APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND
ZONING BY-LAW BY BOWMANVILLE CREEK DEVELOPMENTS INC. TO
PERMIT A WIDER RANGE OF COMMERCIAL USES
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-051-08 be received;
2. THAT the application submitted by Bowmanville Creek Developments Inc. be referred
back to Staff for further processing and the preparation of a further report following the
receipt of all outstanding information and agency comments;
3. THAT a copy of Report PSD-051-08 and Council's decision be forwarded to the
Regional Municipality of Durham Planning Department; and
4. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
D id . rome, M.C.I.P.,R.P.P.
Director, Planning Services
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Reviewed by:
Franklin Wu
Chief Administrative Officer
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22 May 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-051-08
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Bowmanville Creek Developments Inc.
1.2 Agent: D.G. Biddle and Associates Limited
1.3 Official Plan Amendment:
The amendment proposes, in addition to existing permitted special
purpose commercial uses, retail commercial uses on the following
basis:
· 3,716 m2 (40,000 fe) of gross floor area with a minimum of
gross floor area of 929 m2 (10,000 fe) per unit for a maximum
of 4 units;
. 1,858 m2 (20,000 fe) of gross floor area with a minimum
gross floor area of 465 m2 (5,000 fe) per unit for a maximum
of 4 units;
. 1,393 m2 (15,000 ft2) of gross floor area with a minimum
gross floor area of 232 m2 (2,500 ft2) per unit for a maximum
of 6 units; and,
. one financial institution in the form of a credit union.
The amendment also proposes:
. to redefine the limits of the environmental protection area;
and
. private open space amenity area.
1.4 Rezoning: Appropriate to implement the proposed official plan amendment.
1.5 Site Area: 7.3 hectares
2.0 LOCATION
2.1 The subject lands are located at the southeast corner of Waverly Road and
Baseline Road in Bowmanville (See Attachment 1). The proposed development
area totals 7.3 hectares (18.0 acres). The property is located within Part Lots 12
and 13, Broken Front Concession, in the former Town of Bowmanville.
3.0 BACKGROUND
3.1 On November 22, 2005, Staff received official plan amendment and rezoning
applications from Bowmanville Creek Developments Inc. to permit general retail
uses in excess of 929 m2 (10,000 W) and one financial institution in addition to
permitted highway commercial uses. The proposal encompassed a portion of
the Shell Canada lands that were to be purchased by the applicant as well as the
applicant's lands west of the Spry Avenue right-of-way south of Baseline Road
with the exception of the lands that were severed for the RONA Home
Improvement Centre (See Attachment 1).
REPORT NO.: PSD-051-08
PAGE 3
3.2 A statutory Public Meeting was held on May 8, 2006 for the application. No
member of the public spoke either in support of or in opposition to the
application.
3.3 Halloway Holdings Limited and Metrus Developments Inc. were approved for
new commercial development in the Bowmanville West Towne Centre. After the
Public Meeting, both developers sought clarification that the proposal would not
adversely affect their proposals. A review of this matter by our retail market
consultant concluded that the proposal would have no negative impacts provided
the amount of proposed retail floorspace would not be increased beyond the
65,000 ft2 that was contemplated for this site through the Commercial Policy
Review. Since the proposal merely seeks more flexibility rather than an increase
in retail commercial f1oorspace, both developers were satisfied that their interests
would not be adversely affected. Both developers have been notified of this
revised application.
3.4 On April 1, 2008, Staff received revised official plan amendment and rezoning
applications from Bowmanville Creek Developments Inc. to permit a greater
variety of retail commercial store sizes and a financial institution in addition to
permitted highway commercial uses. While the previous application
contemplated a minimum floor space size of 929 m2 (10,000 ft2), the revised
application floor space with the 10,000 ft2, 5,000 ft2, and 2,500 ft2 ranges to
permit greater leasing flexibility. Again, the applicant would be permitted the
greater flexibility up to the 65,000 ft2 retail commercial floorspace limit. The
revised application also incorporates the proposed redefinition of the floodplain in
accordance with an approved environmental impact study prepared for the
subject lands, which was previously proposed through application ZBA 2003-037.
Finally, the revised application proposes private open space amenity space
associated with the hotel and fitness centre in the valleyland. The proposal now
encompasses a portion of the Shell Canada lands that are to be purchased by
the applicant as well as the applicant's remaining lands with the exception of the
lands that were severed for the RONA Home Improvement Centre (See
Attachment 1).
3.5 A site plan application (SPA 2003-036) has also been submitted for
consideration. Potential tenants would occupy the larger buildings shown on the
site plan.
4.0 SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The property is currently vacant and has a gradual slope towards the
Bowmanville Creek and Highway 401. Site servicing work was undertaken to
service the RONA home improvement store property.
4.2 Surrounding Uses:
East:
North:
West:
South:
Open space lands associated with the Bowmanville Creek
Urban residential, RONA, and open space lands
Shell Gas Station and Bowmanville Auto Mall
Highway 401
REPORT NO.: PSD-051-08
PAGE 4
5.0 PROVINCIAL POLICY
5.1 Provincial Policv Statement
The proposed development application is within the Bowmanville settlement area
and proposes to provide an increase in the range of large format retail uses and
floor space flexibility for the site. The existing highway commercial designation
permits commercial uses that serve area residents and the traveling public.
Provincial Policy states that there shall be an appropriate mix and range of
serviced commercial lands available to meet the long-term needs of the
community.
The Provincial Policy Statement supports long-term economic prosperity by
maintaining, or where possible, enhancing the viability of downtowns and main
streets. Planning decisions on commercial matters must consider possible
impacts of proposals on downtown areas to ensure that the size, amount, and
range of uses do not negatively affect downtowns.
5.2 Provincial Growth Plan
The Provincial Growth Plan for the Greater Golden Horseshoe directs new
development to existing serviced urban centres and encourages a compatible
mixture of land uses within the urban centres. A fundamental principle of the
Plan is to encourage intensification of underutilized urban lands to create a
vibrant community where infrastructure exists to accommodate growth. Compact
urban growth is encouraged in urban centres and along transportation corridors.
The provision of additional retail choices for existing and future residents
supports the goals of the Provincial Growth Plan.
6.0 OFFICIAL PLANS
6.1 Durham Reaional Official Plan
The Durham Regional Official Plan designates the subject lands "Living Area".
Special purpose commercial uses are permitted in this designation provided that
they are designated appropriately in the local Official Plan and zoned on the local
Zoning By-law. The proposal conforms to the Durham Regional Official Plan.
6.2 Clarinaton Official Plan
The Clarington Official Plan designates the subject lands "Highway Commercial
Area". Lands within this designation shall serve the specialized needs of
residents on an occasional basis with services and facilities, which consume
large parcels of land, require exposure to traffic and may require outdoor storage
and display of goods. Permitted uses include automotive sales and service,
home improvement centres, large format home furnishing stores and similar
stores, garden centres and nurseries, restaurants, hotels and similar uses.
REPORT NO.: PSD-051-08
PAGE 5
The amendment proposes to increase the range of retail floor sizes on the site
and a financial institution with a drive-through facility. In addition, the proposed
amendment would revise the land use designation to reflect the revised
floodplain limits. A copy of the proposed Official Plan Amendment in contained in
Attachment 2.
7.0 ZONING BY-LAW CONFORMITY
7.1 The portions of the property under consideration are zoned "Holding - Special
Purpose Commercial ((H)C5) Zone", "Special Purpose Commercial (C5) Zone",
"Environmental Protection (EP) Zone", and "Environmental Protection Exception
(EP-2) Zone", which do not permit the proposed uses. In order to permit the
proposed development, a rezoning application was submitted for consideration.
8.0 PUBLIC NOTICE AND SUBMISSIONS
8.1 Public notice was given by mail to each landowner within 120 metres of the
subject site and four (4) public meeting notice signs were erected facing Baseline
Road, Waverly Road, and Highway 401. No general inquiries or written
submissions on the proposal have been received to date.
9.0 AGENCY COMMENTS
9.1 The Clarington Engineering Services and Clarington Emergency Services
Departments have no objections to the applications. Their development issues
related to road improvements on Baseline Road, entrance construction, site
servicing, stormwater management, grading, fire routes, and Ontario Building
Code compliance will be addressed through site plan approval.
9.2 The Ministry of Transportation similarly offers no objections to these applications.
The Ministry's development issues related to stormwater management,
development setbacks, entrance location, illumination, and signage will be
addressed through site plan approval.
9.3 CLOCA has no objections to the proposal provided that the following issues are
addressed.
· The limits of the environmental protection zoning can be adjusted to reflect
the revised limits of the Regional Storm of the Bowmanville Creek. This limit
will be determined through the cut and fill operation, which has not been
completed to date. Until a survey of the final grading configuration is
provided, CLOCA requests that a Holding "H" symbol be placed on the lands.
· With respect to the private open space amenity area, CLOCA will require
further grading details, information on the trails and the fitness stations,
confirmation that no additional fill will be placed in the area; however, CLOCA
recommends that the property be zoned "EP" and dedicated to the
REPORT NO.: PSD-051-08
PAGE 6
Municipality in accordance with normal municipal valleyland dedication
policies.
Further discussion on these matters is required with the applicant.
9.4 Staff anticipate that outstanding comments from Durham Region will be received
shortly.
10.0 COMMENTS
10.1 Highway Commercial Areas generally consist of larger parcels designed to
accommodate larger format types of commercial uses, which typically included
home improvement stores, motor vehicles sales and service centres, garden
centres, hotels, restaurants, and service stations. Through the Commercial
Policy Review, the range of permitted land uses for Highway Commercial Areas
was expanded somewhat to include large format home furnishing stores and
other similar large format retailers.
10.2 With the exception of the building reserved for RONA, the applicant's site plan
could only accommodate larger format uses in three possible buildings. The
design and position of these buildings could accommodate a maximum of four
larger tenants. The applicants are seeking a broader range of general retail uses
that would permit larger format tenants in home furnishings, apparel and similar
lines of merchandise. They are not looking to accommodate either a grocery
store or a department store.
10.3 Although the revised Highway Commercial Area policies specifically do not
specifically identify banks as a typical use, the applicant applied to permit a
financial institution in the form of a credit union on the subject lands. The
Commercial Policy Review identified financial institutions as a key anchor for
downtown areas and as such has limited the number of banks in the
Bowmanville West Town Centre to the two existing institutions. The proposed
financial institution is a credit union that is currently not represented in
Bowmanville or Courtice, and would not adversely affect the downtown.
10.4 An Environmental Impact Study (EIS) was prepared in December 2005 by
Aquafor Beech on behalf of the Municipality and the applicant to determine the
whether redefining the "EP" zoning limits for the Bowmanville Creek floodplain
had any detrimental impacts on the natural environment. The study examined
the impacts of:
· potential for creek contamination and impacts on fisheries by stormwater from
the development;
· impacts of removing the former C.N. Rail spur line elevated rail bed and
bridge over Bowmanville Creek;
. lighting impacts from the development on wildlife habitat and corridor
functions; and,
· changes to flooding characteristics as a result of filling and construction within
the floodplain.
REPORT NO.: PSD-051-08
PAGE 7
The study concluded that the "EP" limits could be redefined without causing a
negative environmental impact on the natural environment, the Bowmanville
Creek fishery, and the flood storage capacity of the valley. The study identified
that the following mitigation measures be implemented through site plan approval
of the property:
· a stormwater management report addressing quantity, quality, and any other
concerns identified as a result of stormwater discharge into the receiving
watercourse;
· approval of erosion and sedimentation control plans for construction; and,
· limitations on the outdoor storage of materials and construction of necessary
containment measures.
Staff would advise that study recommendations on stormwater management
relating to the RONA development were implemented through site plan approval
for that development.
10.5 In order to finalize the floodplain limits, further discussions are required with the
applicant and CLOCA to determine the limits of the "EP" zoning. Clarification is
required that the development limits conform to those recommended in the EIS
for the property. Clarington Engineering must also be satisfied that a stable 3:1
slope can be accommodated within the development limits.
10.6 The Clarington Official Plan requires that all valleyland be dedicated gratuitously
to the Municipality. Through a previous site plan application, the applicant has
already dedicated 4.3 hectares of valleyland associated with these land holdings
to the Municipality; however, the applicant wishes to retain a 1.6 hectare portion
of valleyland as private open space amenity area immediately east of the
commercial area to be used in association with the proposed hotel and fitness
centre. The amenity area would consist of walking trails and fitness stations with
exercise equipment. The area would also be replanted with trees and
naturalized areas. A copy of the proposed private open space amenity area is
contained in Attachment 3.
Since the Municipality has typically not permitted valleyland areas to remain in
private ownership, further discussions with the applicant are necessary to:
· determine the need for these lands to remain in private ownership;
· obtain further information on the trail system, the equipment station, and
satisfy CLOCA's comments on this matter.
11.0 CONCLUSIONS
11.1 As the purpose of this report is to satisfy the requirements for Public Meeting
under the Planning Act, and taking into consideration all of the comments
received, it is respectfully recommended that this report be referred back to staff
for further processing and the preparation of a subsequent report.
REPORT NO.: PSD-051-08
PAGE 8
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed Official Plan Amendment
Attachment 3 - Proposed Private Open Space Amenity Area
Interested parties to be notified of Council's decision:
Glenn Genge, D.G. Biddle & Associates Limited
Sam Cohen, Torgan Group
Joe Cavallo, Shell Canada Products Limited
Robert Hann, Halloway Holdings Limited
Robert DeGasperis, Metrus Properties Inc.
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Attachment 1
To Report PSO-D51-08
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Attachment 2
To Report PSD-051-08
AMENDMENT NO,_
TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN
PURPOSE:
BASIS:
ACTUAL
AMENDMENT:
The purpose of this amendment to the Clarington Official Plan
is to define the Highway Commercial designation and to
permit the following uses in addition to the permitted Highway
Commercial uses on the subject property:
i) General Retail uses limited to a total of 3,716 m2
(40,000 ff) of gross floor space with a minimum gross
floor area of 929 m2 (10,000 ff) per commercial unit, a
total of 1,858 m2 (20,000 fl2) of gross floor space with a
minimum gross floor area of 465 m2 (5,000 fl2) per
commercial unit and a total of 1,393 m2 (15,000 fl2) of
gross floor space with a minimum gross floor area of
232 m2 (2,500 fl2) per commercial unit;
ii) One financial institution in the form of a credit union;
iii) Refine the environmental protection limits; and,
iv) Private Open Space Amenity area.
The additional uses will be limited in the implementing Zoning
By-law.
The amendment will provide for a larger range of commercial
opportunities within a designated commercial location and
thereby aiding the economic viability of this prominent
location.
The Municipality of Clarington Official Plan is hereby
amended as follows:
1. By including an exception to Section 23.14 to create
Section 23.14. as follows:
"23.14. Notwithstanding Section 10.8.1, in
addition to permitted Highway Commercial uses,
General Retail uses limited to a total of 3,716 m2
(40,000 fl2) of gross floor space with a minimum gross
floor area of 929 m2 (10,000 fl2) per commercial unit, a
total of 1,858 m2 (20,000 fl2) of gross floor space with a
minimum gross floor area of 465 m2 (5,000 fl2) per
commercial unit, a total of 1,393 m2 (15,000 fl2) of gross
floor space with a minimum gross floor area of 232 m2
(2,500 fe) per commercial unit, one financial institution
in the form of a credit union and a private Open Space
Amenity area shall be permitted on the lands located
east of Waverly Road, south of Baseline Road legally
described as Part of Lots 12 and 13, Broken Front
Concession, Former Town of Bowmanville."
2. By amending Maps A3 and C1 as indicated on Exhibit
"1" and Exhibit "2" attached to this amendment.
IMPLEMENTATION: The provisions set forth in the Clarington Official Plan as
amended, regarding the implementation of the Plan shall
apply in regard to this amendment.
INTERPRETATION: The provisions set forth in the Clarington Official Plan as
amended, regarding the interpretation of the Plan shall
apply in regard to this amendment.
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LAND USE
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OFFICIAL PLAN
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EXHIBIT "1"
AMENDMENT Noo_ TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN
MAP A3, LAND USE, BOWMANVILLE URBAN AREA
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AMENDMENT No. TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN
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Attachment 3
To Report PSD-051-08
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