HomeMy WebLinkAboutPSD-001-09Clarington
Leading the Way
REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, January 5, 2009 15~~~~1Dr7#~t"fl-Cfl~-O I
Report #: PSD-001-09 File #: ZBA 2008-0025 &ZBA 2008-0026 By-law #: a ~~ ~bQ3
Subject: PROPOSED ZONING BY-LAW AMENDMENTS TO ALLOW OFFICE FLOOR SPACE
ON THE GROUND FLOOR IN ADDITION TO PERMITTED SPECIAL PURPOSE
COMMERCIAL ZONE (C5) USES,. TO REDUCE THE BUILDING SETBACKS AND
LOADING SPACE REQUIREMENTS - 45 AND 5 SPICER SQUARE
APPLICANTS: 21154513 ONTARIO INC. AND 2143619 ONTARIO INC.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report PSD-00'E-09 be received;
THAT provided there are no significant issues raised at the Public Meeting, the rezoning
application submitted by 2154513 Ontario Inc. and 2143619 Ontario Inc., be
APPROVED and that the proposed Zoning By-law contained in Attachment 3 to this
Report be PASSED; and
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by: Reviewed by:
David J. Crome, MCIP, RPP ranklin Wu,
Director of Planning Services ~ Chief Administrative Officer
DJ/COS/df
11 December 2009
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE
REPORT NO.: PSD-001-09
PAGE 2
1.0 APPLICATION DETAILS
1.1 Agent: Stephen Hunt
1.2 Applicant: 2154513 Ontario Inc. and 2143619 Ontario Inc.
1.3 Proposal: To allow office floor space on the ground floor in addition to permitted
Special Purpose Commercial (C5) Zone uses, and to reduce the building
setbacks and loading space requirements with respect to the proposed
development of a 2-storey commercial building with underground parking
on both sites
1.4 Site Area: 45 Spicer Square: 3877m2 and 5 Spicer Square: 4599m2
1.5 Location: 45 and 5 Spicer Square, south of Baseline Road West, Bowmanville
2.0 BACKGROUND
2.1 On October 30, 2008 Stephen Hunt on behalf of 2154513 Ontario Inc. and 2143619
Ontario Inc. submitted applications for the rezoning of the lands known as 45 and 5
Spicer Square, respectively. The purpose of the applications is to allow office floor
space on the ground floor and to reduce the building setbacks and loading space
requirements with respect to the development of the proposed 2-storey .commercial
buildings with underground parking on each site.
2.2 The applicant indicated that the sites have very limited road exposure for retail uses
and that these limitations are compounded through a restrictive covenant for retail
uses on title.
The owner wishes to have some flexibility to market the buildings and to expand the
amount of office area permitted within the zoning to include a portion on the ground
floor. The office use is already allowed in the zoning designation, but only on the
second floor. This application does not add or change uses, rather it deals with the
location of the use within a building.
The applicant reasons that the sites are relatively small to accommodate the large
format commercial contemplated in the Highway Commercial Zone. In addition, the
small amounts of office space that can be accommodated on the ground floor have
very little impact on other areas of the Municipality.
At the pre-consultation meeting, both the applicant and Planning staff agreed that
reductions in the front and exterior side yards are required to permit appropriate urban
design by bringing the buildings closer to the street line, thus creating a gateway
effect.
The applicant also indicated that a single loading space is proposed to permit the
appropriate sized loading facilities for the relatively light use and small size of the
buildings.
REPORT NO.: PSD-001-09 PAGE 3
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 Both sites are vacant and gently slope from north to south. The sites are bounded by
Spicer Square, a local ring road that serves numerous car dealerships and the Holiday
Inn Hotel site that is currently under construction.
5 Spicer Square
45 Spicer Square
REPORT NO.: PSD-001-09 PAGE 4
3.2 The surrounding uses are as follows:
North of 45 Spicer Square - Restaurant (Dairy Queen)
North of 5 Spicer Square - Vacant, but bounds Tim Hortons/Wendy's
restaurants at north-eastern corner
South of 45 and 5 Spicer Square - Car dealership (Toyota) and Holiday Inn Hotel
(south-west).
East of 45 Spicer Square
East of 5 Spicer Square
West of 45 Spicer Square
West of 5 Spicer Square
- public street
- Tim Hortons, Wendy's
- RCMP offices
- public street
See Attachment 2 to this report, for more perspective.
4.0 PROVINCIAL POLICY
4.1 Provincial Policy Statement (PPS)
The 2005 PPS states that land must be carefully managed to accommodate appropriate
development to meet the full range of current and future needs, while achieving efficient
development patterns. It also requires that these development patterns optimize the use
of land, resources and public investment in infrastructure by occurring adjacent to the
existing built-up area and providing for a mix of uses. The PPS also calls for the
promotion of economic development and competitiveness by providing opportunities for
a diversified economic base. This proposal is generally consistent with the PPS.
4.2 Provincial Growth Plan
The lands subject to this application are within the "Built-up Area" of the Growth Plan for
the Greater Golden Horseshoe (GP), as delineated in the Built Boundary for the Growth
Plan paper issued on April 2008. The GP includes guiding principles that provide a
vision for the way in which land should be developed, e.g. buildings should be vibrant
and of compact form, growth should support a strong, competitive economy and
complete communities, and use of existing infrastructure should be optimized. It is
evident from the submitted concept site plan that the owners are seeking to maximize
the potential of the sites by providing compact buildings with parking below grade; by
making use of existing infrastructure within the Spicer Square subdivision and by
introducing a development that could support the local economy.
5.0 OFFICIAL PLANS
5.1 Durham Regional Official Plan
The lands subject to these applications are designated "Living Areas" in the Durham
Regional Official Plan. Limited office development and limited retailing of goods and
services, in appropriate locations, components of mixed use developments, provided
that Local Centres are designated in the area municipal official plan, and the functions
and characteristics of such Centres are not adversely affected are permitted.
REPORT NO.: PSD-001-09
PAGE 5
Portions of the lands subject to these applications are within "High Aquifer Vulnerability
Area" in Schedule `B' -Map `B2' of the Regional Official Plan. Section 2.3.30 indicates
an application to permit any high risk land uses as identified in Schedule 'E' -Table `E5'
shall be accompanied by a contamination management plan that defines the approach
to protect water resources. The proposed uses are not deemed to be of high risk,
therefore, a Contamination Management Plan is not required.
5.2 Clarington Official Plan
5.2.1 The following Principles of the Official Plan are addressed through this development
proposal:
• Economic Vitality
The proposal may contribute towards the promotion of a competitive, adaptable
economic environment to encourage investment and diversity of employment
opportunities.
• Urban Design Excellence
By examining the development proposal, it is already evident that it is seeking to
contribute to a sense of place (creating two distinct street oriented buildings that
will mark the entrance to Spicer Square), and to provide human scale to the urban
environment (in terms of height and scale, it is in the context of surrounding
developments).
• Comoact Urban Form
The development concept makes good use of the smaller lot sizes by proposing
the development of single buildings each containing offices and a restaurant with
parking below grade.
5.2.2 This development proposal could also be seen as complementing the Official Plan
Economic Development goal, in that it may contribute towards the creation of a
favourable economic climate, more diversity in the economic base and the promotion of
Clarington as a prime business address in the GTA.
5.2.3 The Clarington Official Plan designates the lands "Highway Commercial District", which
is meant to serve the specialized needs of residents on an occasional basis. It
furthermore, states that Highway Commercial Districts generally require large parcels of
land to accommodate certain types of large format retailers, which require exposure to
traffic and may require outdoor storage and display. The two application sites however,
are significantly smaller than sites typically found in Highway Commercial Districts,
which requires a somewhat different approach in terms of the scale and type of uses
that can be entertained on these sites.
5.2.4 The Official Plan permits a wide variety of uses within the Highway Commercial District
designation, such as motor vehicle sales, restaurants, hotels, large format home
furnishing stores and service stations, but it specifically prohibits a motor vehicle body
shop, department and food stores, banks and warehouse merchandise clubs. The uses
REPORT NO.: PSD-001-09 PAGE 6
proposed for the buildings, namely offices and restaurants, fall within the ambit of what
the Official Plan permits.
5.2.5 The Official Plan contains a number of urban design principles and site development
criteria that apply to developments within a Highway Commercial area, such as the
maintenance of consistent setbacks, street oriented development, automobile oriented
site plans, safe, well-defined walkways, illumination and landscaping requirements and
the provision of sufficient and convenient parking. These applications are generally
consistent with the design guidelines and criteria, as reflected on the submitted concept
site plans, but the more technical design criteria can be further incorporated through the
site plan approval process.
6.0 ZONING BY-LAW
6.1 Zoning By-law 84-63 zones the subject lands Special Purpose Commercial Zone (C5).
The zoning permits an array of uses including offices, located on the 2"d floor only,
unless directly related to the primary use(s) of the ground floor. In order to allow for
office space on the ground floor that is not necessarily directly related to the primary use
on the ground floor, a Zoning By-law amendment is required.
6.2 The (C5) zoning regulations require a minimum front yard setback and exterior side
yard setback of 15 metres and 10 metres respectively, as well as 2 loading spaces for a
building with a gross floor space over 1000mZ. The Zoning By-law amendment is
intended to accommodate a reduction in these standards too.
7.0 PUBLIC NOTICE AND SUBMISSIONS
7.1 Public notice was given by mail to each landowner within 120 metres of the subject
properties and a public meeting notice was installed on both sites. As of the writing of
this report, no comments or concerns from neighbouring land owners have been
received.
8.0 AGENCY COMMENTS
8.1 No objections to the rezoning were received.
8.2 The Municipality of Clarington Engineering Services Department requires that the
applicant submit a Preliminary Grading Plan demonstrating that the reduced setback will
be compatible with the Master Grading Plan for the Bowmanville Auto Mall Subdivision.
9.0 STAFF COMMENTS
9.1 Smaller lots in Highway Commercial District
As already noted to in this report, the small lot sizes (less than 0.5 hectares) were
initially included in the Auto Mall for uses like restaurants and other retail uses that
would be compatible with the primary focus on auto dealerships. Lot size necessarily
impacts the scale and type of uses that can be considered on these particular sites, and
in turn, the application proposes a minor departure from the initial intent of the Highway
REPORT NO.: PSD-001-09
PAGE 7
Commercial District. The applicant has informed us that there is a restrictive covenant
on title on auto parts and after-market service uses, that apparently imposes a further
limitation on its use potential. From this perspective, the introduction of a building with
office space (on the ground and 2~d floors) and a restaurant use, seem quite suitable for
these sites and make efficient use of the land available.
There are already a couple of restaurants in the area, the RCMP offices adjacent to 45
Spicer Square and a Holiday Inn hotel which is currently under construction. These
uses, coupled with the numerous motor vehicle sales establishments along Spicer
Square, already reflect a mixed use character that would be further complemented by
the proposed office and restaurant uses.
9.2 Office space on ground floor
The restriction of floor space on the ground floor, unless directly related to the primary
use(s) of the ground floor, was intended mainly to limit office space within this
commercial district and to direct it to the Town Centre areas in Bowmanville. However,
as these commercial areas are evolving and others are taking shape, there are certain
market realities that no longer fully serve/support the intent of this restriction on these
particular sites, namely:
• There is very limited office space in the downtown area and no office floor space in
the West Bowmanville Town Centre to accommodate a larger office practice;
• The lands are situated close to the 401, just off a Type 'A' Arterial and at a main
entrance into Bowmanville. The lands in question enjoy good access and visibility,
and are located amongst a variety of complementary uses. From a land use
perspective, it is a prime location for any medium size professional or
administrative office use; and
• The sites are small in comparison with other Highway Commercial sites, which
lends itself to different type and scale of uses. This factor, coupled with the
relatively limited office floor space (345m2) that is sought on the ground floor,
independent from the other use(s) on the ground floor, poses little or no risk to the
market potential for any major office development in town.
In light of these points, staff do not object to the introduction of office floor space on the
ground floor, independent to the other use(s) on the ground floor, as reflected in the
Attached Zoning By-law.
9.3 Reducing setback requirements
The proposal is to construct two "mirror image" buildings, oriented towards the street,
which will strongly define the entrance to the Auto Mall and Holiday Inn developments.
The proposal to move the buildings closer to the street, which implies a reduction in the
required front yard and exterior side yard from 15 metres and 10 metres to 3 metres and
6 metres respectively, is consistent with the urban design criteria in the Official Plan and
with the direction Planning Staff has given at the official pre-consultation meeting with
the applicant.
REPORT NO.: PSD-001-09
PAGE 8
9.4 Reducing loading space requirements
Staff supports the proposed reduction in the loading space requirements (from 2 loading
spaces to 1 loading space) due to the low demand generated by this scale and type of
development, containing mostly office space and limited retail floor area.
9.5 Other observations
The proposed rezoning and development proposals are consistent with the other
relevant zoning regulations in the (C5) zone: Parking requirements are met with
additional parking available on the easterly site and reduced setbacks improve the
pedestrian friendly nature of the developments. If this application is approved, urban
and landscape design guidelines such as quality landscape treatment to screen the
parking areas from the street and neighbours, light attenuation and the proper screening
of the refuse collection area shall be further addressed through the subsequent Site
Plan Approval process.
10.0 CONCLUSIONS
10.1 The application has been reviewed in consideration of comments received from the
circulated agencies, the policies of the Clarington Official Plan, the Zoning By-law
regulations, and the public. In consideration of the comments contained in this report
and the minor nature of the application, staff respectfully recommend that the
proposed Zoning By-law Amendment contained in Attachment 3 be APPROVED.
Attachments:
Attachment 1 -Key Map
Attachment 2 -Aerial photo
Attachment 3 -Zoning By-law Amendment
Attachment 1
To Report PSD-001-09
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To Report PSD-001-09
THE CORPORATION OF THE= MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2009-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington
WHEREAS the Council of the Corporation cf the Municipality of Clarington deems it advisable
to amend by-law 84-63, as amended, of the Corporation of the fonner Town of Newcastle, in
accordance with applications ZBA 2008-0025 and ZBA 2008-0026 to permit office floor space
on the ground floor in addition to permitted Special Purpose Commercial (C5) Zone uses, and
to reduce the building setbacks and loading space requirements with respect to the proposed
development of two commercial buildings with underground parking;
AND WHEREAS said By-law is passed pursuant to Section 24(2) of the Planning Act, whereby
it would not come into effect until such time as Official Plan Amendment No. 54 is approved by
the Council of the Corporation of the Municipality of Clarington and that decision is final;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 20.4 "SPECIAL EXCEPTIONS-SPECIAL PURPOSE COMMERCIAL (C5)
ZONE" is hereby amended by introducing a new Sub-section 20.4.16 as follows:
"20.4.16 SPECIAL PURPOSE COMMERCIAL EXCEPTION (C5-16 ZONE
Notwithstanding Sections 3.13, 19.3 ci. and f. and 20.1 those lands zoned C5-16 on the
Schedules to this By-law may, in addition to the uses listed in Section 19.1 b. i) to xvii)
and xix), be used subject to the following zone regulations:
a. Residential Uses
Prohibited
b. Non-Residential Uses
Offices
c. Regulations for Non-Residential Uses
i) Front Yard (minimum) 3 metres
(maximum} 6 metres
ii) Exterior Side Yard (minimum) 6 metres
(maximum) 10 metres
iii) One loading space of 7.5 metres x 3.0 metres
wilt be provided far a building floor area not exceeding
1860 m2
iv) Nodrive-through is permitted for an eating establishment
2. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the
zone designation from:
"Special Purpose Commercial (C5) Zone' to "Special Purpose Commercial Exception
(C5-16) Zone'
as shown on the attached Schedule "A" hereto.
Schedule "A" attached hereto shall form part of this By-law.
This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 24, 34 and 36 of the Planning Act, R.S.O. 1990.
BY-LAW read a first time this day of 2009
BY-LAW read a second time this day of 2009
BY-LAW read a third time and finally passed this day of 2009
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2009- ,
passed this day of , 2009 A.D.
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SPICER SQUARE SPICER SQUARE
® Zoning Change From "C5" To "C5-16"
Jim Abernethy, Mayor Patti L Barrie, Municipal Cleric
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