HomeMy WebLinkAboutPSD-001-10Clari~~gton
Leading the Way
REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTR 1ATION COMMITTEE
Date: Monday, January 4, 2010 r~ 2~a I t~~ ~ G ~~ y UCS~ GO
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Report #: PSD-001-10 File #: ZBA 2009-0016 By-law #: ~o~a_O63
Subject: REZONING APPLICATION TO REMOVE ALL HOLDING SYMBOLS, TO
PERMIT A MOTOR VEHICLE REPAIR GARAGE USE AND AYEAR-ROUND
GARDEN CENTRE IN ASSOCIATION WITH A LARGE FORMAT RETAIL
STORE
APPLICANT: BOWMANVILLE INVESTMENTS INC. (SMART CENTRES)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD- 001-10 be received;
2. THAT, subject to no significant concerns being' raised at the Public Meeting, the
rezoning application submitted. by Bowmanville Investments Inc. to REMOVE all Holding
(H) Symbols from this property, to permit a motor vehicle repair garage within a large
format retail store and to permit ayear-round garden centre, which abuts a large format
retail store, to a maximum size of 2,150 sq.m. be APPROVED and that the attached By-
law contained in Attachment 3 be PASSED; and
3. THAT the Durham Regional Planning Department, the Municipal Property Assessment
Corporation (MPAC), all interested parties listed in this report and any delegations. be
advised of Council's decision.
REPORT NO.: PSD-001-10
PAGE 2
Submitted by:
David . Crome, MCIP, RPP
Director of Planning Services
PW/COS/df
14 December 2009
Reviewed by: ~ t `"'""`"-'-'
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-001-10
PAGE 3
1.0 APPLICATION DETAILS
1.1 Owner: Bowmanville Investments Inc. (Smart!Centres)
1.2 Proposal: To rezone the subject lands from "Holding -Large Format Commercial
Exception {(H)C8-2)" to "Large Format Commercial Exception (C8-2)" and
from "Holding -Street Related Commercial Exception ((H)C9-2)" to "Street
Related Commercial Exception (C9-2)".
To amend the "Large Format Commercial Exception (C8-2)" zone to permit
a motor vehicle repair garage within a large format retail store and to
permit ayear-round garden centre which abuts a large format retail store,
to a maximum size of 2,150 sq.m.
1.3 Area: 11.9 ha
1.4 Location: Lot 17, Concession 1 and 2, Former Township of Darlington,
2320 Highway 2, Bowmanville
2.0 BACKGROUND
2.1 The subject site consists of three separate zones. Two of the zones permit large
format retail stores to establish in the centre and at the north end of the site while the
third zone permits smaller, street-related stores and businesses (i.e. retail and service
uses) to locate at the south end of the site along Regional Highway 2.
2.2 A Zoning By-law amendment was passed on May 6, 2008, to remove the holding
symbol from a 5.04 ha portion of the property located in the northwest corner of the
site. Following the removal of this holding symbol SPA 2006-0018 was approved on
October 28, 2009, to permit the construction of a large format retail establishment
(Wal-Mart). A holding symbol continues to cover the balance of this property (see
Attachment 1).
2.3 On November 30, 2009, Bowmanville Investments Inc. submitted an application to
remove the holding symbol from all zones on the subject property and to amend the
permitted uses under "Large Format Commercial Exception Zone (C8-2)" to include a
motor vehicle repair garage within a large format retail store and ayear-round garden
centre, which abuts a large format retail store, to a maximum size of 2,150 sq.m.
These changes are necessary to accommodate the operations of a Canadian Tire
store.
2.4 A Planning Rationale Letter Report was submitted in support of the Owner's request.
REPORT NO.: PSD-001-10
PAGE 4
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1. The subject property is located on the west side of Bowmanville along the north side
of Regional Highway 2. It is bordered by Green Road to the east and Boswell Drive to
the west (it may be noted that, in this area, Boswell Drive represents the westerly limit
of the Bowmanville urban area). The site is currently bordered by vacant lands to the
north. The topography of the site is generally flat and the site is lower in elevation
than the three bordering public roads (Regional Highway 2, Boswell Drive and Green
Road).
View of the
View of the
orthwest (Oct. 2009):
st (Oct. 2009).
3.2 The surrounding uses are as follows:
North - Vacant (designated for High-density, Low-rise Residential)
South - Low-density Residential
East - Agricultural, Hamlet Residential
West - Large Format Commercial, Street-Related Commercial, Low-Density
Residential
REPORT NO.: PSD-001-10 PAGE 5
4.0 PROVINCIAL POLICY
4.1 Provincial Policy Statement
.The Provincial Policy Statement identifies settlement areas as the focus of growth.
This proposal reflects efficient development and land use in a manner that does not
directly lead to environmental or public health concerns. Approval of this application
will facilitate the commercial development of the subject property in accordance with
the locally-established Planning documents.
This application conforms with the Provincial Policy Statement.
4.2 Provincial Growth Plan
This application will serve to protect and preserve employment areas by facilitating the
development of these lands for commercial use within an existing settlement area and
on full municipal services as directed by the Growth Plan.
The intensity of the resulting commercial development will contribute towards
achieving the Growth Plan's goal of not less than 50 residents/jobs per hectare.
This application conforms with the policies of the Provincial Growth Plan.
5.0 OFFICIAL PLANS
5.1 Durham Regional Official Plan
5.1.1 The Durham Regional Official Plan designates the subject site as "Regional Centre".
The introduction of the proposed uses onto this site will not directly result in a
detrimental impact upon any other Regional Centre in Clarington. Therefore, the
proposed uses are not in conflict with the policies of the Durham Regional Official
Plan.
5.1.2 Policies contained within the Durham Regional Official Plan state that local Municipal
Councils must ensure that the following conditions are met prior to the passage of a
By-law to remove a holding symbol
• The development is consistent with the orderly and phased development of the
Municipality;
• The Owner has satisfied all of the requirements of the Municipality and has
entered into any necessary agreements in that regard; and
• The Owner has satisfied all the requirements of the Regional Municipality of
Durham with respect to the provisions of sewer and water services, Regional
roads, and entered into any necessary agreements in this regard.
All of the above conditions have been met by the Applicant to facilitate the removal of
the holding symbol
REPORT NO.: PSD-001-10
5.2 Clarington Official Plan
PAGE 6
5.2.1 The Clarington Official Plan designates this site as "Street Related Commercial" and
"General Commercial" within the Bowmanville West Town Centre Secondary Plan
(BWTCSP). The BWTC is identified as an important commercial node for Bowmanville
locally and Clarington regionally. The BWTCSP includes policies which address
.matters of urban design, the amount of retail space and the types of uses.
5.2.2 The urban design policies contained in the BWTCSP assist in the implementation of
the plan. These policies are intended to create a connective street network, provide a
safe and enriched pedestrian environment, promote future intensification and result in
a "Sense of Place."
5.2.3 Part of the way that these urban design goals are achieved is through high quality,
architectural building designs as well as site planning which creates visually
interesting areas at a pedestrian scale. Another design key is to physically relate
buildings, parking areas and landscaping to the adjacent roadways thereby creating
an urban street edge. Opportunities for infill and future redevelopment at higher
densities are to be incorporated into block patterns.
5.2.4 The underlying zoning for the subject property already incorporates the necessary
retail floor space limits identified by the BWTCSP. The removal of holding will permit
the subject site to be developed to a capacity already identified by the Official Plan.
5.2.5 The proposed new uses (motor vehicle repair garage within a large format retail store
and year-round garden centre which abuts a large format retail store) are accessory to
the operations of a Canadian Tire department store. These uses already exist within
the Town Centre area and may be viewed as a relocation of uses within the Town
Centre area. As such, the proposed accessory uses to a large format retail store are
in keeping with the policies of the Official Plan and the goals of the BWTCSP.
5.3 The Clarington Official Plan contains policies to ensure that all relevant development
matters are addressed prior to the removal of a holding symbol from a property. Since
all relevant development matters, identified by the Municipality, have been addressed
by the Applicant it is now appropriate to remove the holding symbol from the property.
6.0 ZONING BY-LAW
6.1 Zoning By-law 84-63 zones the subject lands "Large Format Commercial Exception
(C8-1)", "Large Format Commercial Exception (C8-2)", "Holding -Large Format
Commercial Exception ((H)C8-2)", "Street Related Commercial Exception (Cg,2)" and
"Holding -Street Related Commercial Exception ((H)C9-2)".
6.2 The Owner is proposing to expand the list of permitted uses within the "Large Format
Commercial Exception (C8-2)" zone. A few of the uses currently permitted within this
zone include a motor vehicle fuel bar and a motor vehicle wash in addition to a large
format retail store.
REPORT NO.: PSD-001-10
7.0 PUBLIC NOTICE AND SUBMISSIONS
PAGE 7
7.1 Public notice was given by mail to each landowner within 120 metres of the subject
site and two public meeting notice signs were installed on the property.
7.2 As of the writing of this report, no concerns had been received.
7.3 Staff have previously received concerns from one area resident regarding the impacts
to the area's existing stormwater drainage that would result from development within
this northwest corner of the subject site. Review of the recently approved Wal-Mart
Site Plan application included a thorough examination of stormwater management on
this site and of the immediately surrounding area. No impacts to existing stormwater
drainage were discovered through this examination. As a component of any future
Site Plan application for further development of this site, Staff will continue to ensure
that are no off-site impacts to stormwater drainage.
8.0 AGENCY COMMENTS
8.1 This application was circulated to the Durham Regional Planning Department, the
Durham Regional Works Department, Clarington Engineering Services Department
and Central Lake Ontario Conservation. While none of the circulated departments or
agencies have any objection, in principle, to the application, they each reserve the
right to further comment on this proposal through the Site Plan approval process.
9.0 STAFF COMMENTS
9.1 The current zoning regulations not only dictate the size and form of development
within the site but also the type of uses that are permitted to operate. The existing
zoning regulations were created in 2006 when it was anticipated that the two main
anchor tenants for this site would be Wal-Mart (in the northwest corner) and Loblaws
Superstore (in the northeast corner of the site). The "C8-1" and "C8-2" zoning
categories respectively were drafted to specifically cater to these intended tenants.
9.2 While Wal-Mart has proceeded with their plans to occupy the northwest corner of the
property, Loblaws Superstore will not be building a store in the northeast corner of the
property. Consequently, the property owner /developer (Bowmanville Investments
Inc.) has had to attract a different "large format retailer" to occupy the northeast corner
of the site.
9.3 In their .ongoing discussions with a prospective tenant, the property owner has
determined that the existing zoning currently excludes uses which are accessory to
the operation of their proposed tenant's large format commercial retail establishment.
9.4 The Applicant has requested that the site-specific zone exception be revised to reflect
the uses associated with an alternative large format retail development proposal. The
addition of the proposed uses will not impact upon the maximum permitted height or
REPORT NO.: PSD-007-10
PAGE 8
size of the future development on this site. At this time, no changes have been
requested which will significantly alter the building form and urban design of the site
as provided for in the Zoning By-law. The standard requirements of the Zoning By-law
relating to the provision of parking and loading areas on-site will continue to apply to
the proposed uses.
9.5 The Finance Department has confirmed that the taxes on the site are current.
70.0 CONCLUSIONS
10.1 The removal of the .holding symbols will release the subject lands for imminent
development. The addition of the new uses to the existing zoning category will
broaden the potential uses on the site without impacting the intended building form or
primary function of the northeast corner of the property.
10.2 The applications have been reviewed in consideration of the Clarington Official Plan,
and Zoning By-law and comments received from circulated agencies. In consideration
of the comments contained in this report, Staff respectfully recommends that the
rezoning applications for the removal of holding and the introduction of new uses be
APPROVED and that Council pass the By-law contained in Attachment 3.
Staff Contact:
Attachments:
Attachment 1 -
Attachment 2 -
Attachment 3 -
Paul Wirch, Planner
Key Map
Proposed Store Elevations
By-law
List of interested parties to be advised of Council's decision:
Canadian Tire Real Estate Limited
John Bouma
Durham Regional Planning Department
Municipal Property Assessment Corporation (MPAC)
Attachment 1
To Report PSD-001-10
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To Report PSD-001-10
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2010-
Attachment 3
To Report PSD-001-10
being a By-law to amend By-law 84-63, the. Comprehensive Zoning By-law for
the Corporation of the former Town of Newcastle
WHEREAS the Couhcil 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 2009-0016
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
"Holding -Large Format Commercial Exception ((H)C8-2)" to "Large Format
Commercial Exception (C8-2)"
"Holding -Street Related Commercial Exception ((H)C9-2)" to "Street Related
Commercial Exception (C9-2)".
2. Section 22A.4.2 "LARGE FORMAT COMMERCIAL EXCEPTION (C8-2) ZONE" is
hereby amended as follows:
a) By deleting Section 22A. 4.2 a and replacing it with the following:
"22A.4.2 a. Notwithstanding Section 22A.2 (b) in addition to the uses permitted in
a CS zone, a building or structure may be constructed and used for the purpose
of one motor vehicle fuel bar, one motor vehicle wash and one motor vehicle
repair garage within a large format retail store on lands zoned C8-2
b) By deleting Section 22A. 42 b and replacing it with the following:
"22A.4.2 b. Notwithstanding Section 22A.2(b), a garden centre which abuts a
large format retail store is permitted to a maximum size of 2,150 sq.m."
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 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 2010- ,
passed this day of , 2010 A.D.
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®Zoning Change From "(H)C9.2" To "C9.2"
®Zoning Change From "(H)C&2" To "C8-2"
®Zoning To Remain "C8-1"
Zoning To Remain "C8-2"
Jim Abernethy, Mayor Zoning To Remain "C9-2" paHi L Barrie, Municipal Clerk
I BOWMANVILLE I