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HomeMy WebLinkAboutPSD-051-08 Cl!J!illglOn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE fZeso\u\-)oi} *~ fA-:3~d-O~ 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 .. ." ,., n '{------Sk ~~~ Reviewed by: Franklin Wu Chief Administrative Officer RH*COS*DC*df 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. ~ 'S: c I III - Cl. CO :E c o := ~ o ...J ~ .. Cl. e 0.. ~ -.=..::.- " Ii \' ~ \ \ ' II \ I \ \~\ \ \ \ \ \ \ Attachment 1 To Report PSO-D51-08 - C Gl E 'tJ c Q Gl .... E Q <C Q c I III :g ii: Q ii N 'u <C IE a.. 0 o c o 0 - Cll c ";: III C,) ....Ic ....10 UJ.- :r:m (1)Ci) -~~ :U;'~ )( Q) UJCI) ---...:1-.1- =avo~ A31~3^VM - c CIl CIO E It) -g 9 Gl It) E Q <C ~ ~ <C "T In ~ N Cll ,5 c o N .... GlU !.5 Us "c ::Gl >E cCl. ~.S! ~~ 1110 ;.: Gl c ~ 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. ..r @ i}\" ..."" ; REDEFINE: "ENVIRONMENTAL PROTECTION AREA" LAKE ONTARIO --- lJ'lBAH8CIl..P4MRY f77Zl "'TURE ~ VR6ANRUIDENTIAL c=J !JRB,IHRf;IlIOEHl1Al. n=\1 MEllIUMDEMlITY ~F!ESIDENJlAl r?':f"l HIGH De&s1TY LQ.J ...."""'" .. TOWN OENTPE "".. NElGHBOUmtOOO ,~.' CENTRE rill ftlQH\o\lAYCOMMERClAl EiJ.P.l ,l,GGFlI!GATI; I::i:!8.ij EJCTRACTJON AREA MAP A3 LAND USE BOWMANVlLLE URBAN AREA OFFICIAL PLAN MUNICIPALITY OF GLARrNGTON ,WruAAYl,2cm 1==-n::.a.~':'~otL~uJ ~:'~MEA ~ ~lNtEA _ GENElVll """"""',""" t~,~1iM lITlLlry e',:~~~ =E:r~ -"""""'''"' _ WATERFftONT _AV III COMMUNITY PARK . OISTRlCTPAAI( . ~~ODD .. TOUflISM HODe II: ~"'SOfOOL ~ !H:PARATE [;jjjf seCOlCWro/9CHDOl ~~ PRlVAJE D secONOol,RV19ClfOOl l ~NTARYSCHOOL . ~ IlEF'ARATE Iii e.9delfAR'l'SCHOOL ~ PRIVATE o ELEMENTAm' 9OliOot. ---~~:RkE" .........~POIJC'(AFlEA ........... SPECIAL STUDY AREA OOSTATJOH EXHIBIT "1" AMENDMENT Noo_ TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN MAP A3, LAND USE, BOWMANVILLE URBAN AREA tv MAP C2 MAP C4 J SCAU; 1:50,000 - -- URBAN BOUNDARY ----- HAM..ETBOUNQARv NATURAL HERITAGE: POUCV AREAS ----- OAK RIDGES MORAlNE LIMIT --lAKE IROQlJOIS BEACH NATURAL HERITAGE SYSTEM , ~ WETlAND .. SlONIFICANTVAlLEYL.ANOS lIB SIGNIFICANTWOODLANOS - - -, GANARASKAPJoD LONG SAlN.T FOREST -.. AREA Of NATURAL OR ..--.- SCIENTIFIC INTEREST (ANSI) - COlD WATER STREAM ----- WARM WATER STREAM MAPCI NATURAL HERITAGE SYSTEM SOUTH DARUNGTON OFFICW. PLAN MUNrcrPAlITY OF CLARfNGTQN JAMUAR'r2.2007 lm'EATtlKC1lOtl84&1. 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