HomeMy WebLinkAboutPSD-098-10n
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Leading the Way
REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:. September 13, 2010 Resolution #: (,~~' yyY~ / d By-law #: aO/O-//~Y
Report #: PSD-098-10
File #: ZBA 2010-0011
Subject: TO PERMIT ADDITIONAL USES AT AN EXISTING COMMERCIAL PLAZA
APPLICANT: KTJ HOLDINGS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-098-10 be received;
2. THAT the application to amend the Zoning By-law,'submitted by KTJ Holdings, continue
to be processed by Planning Staff and that the comments received at the public meeting
be the subject of a future report; and
THAT all interested parties listed in Report PSD-098-10 and any delegations be advised
of Council's decision.
Submitted by: ~ li ~ A~ ~ Reviewed by: ~ - ~`"'~--~ ~-J ~l,
F y Langmaid Franklin Wu,
Acting Director of Planning Services Chief Administrative Officer
PW/COS/df
31 August 2010
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-098-10
PAGE 2
1.0 APPLICATION DETAILS
1.1 Agent: D.G. Biddle & Associates Ltd.
1.2 Owner: KTJ Holdings
1.3 Proposal: To expand the list of permitted uses on the subject property to include
Medical and/or Dental Clinic and Professional Offices (to be located on the
main floor and not directly associated with another permitted use).
Permission is also being sought to permit loading spaces in tandem and
not abutting the principal building for which they are required.
1.4 Area: 0.6 Ha
1.5 Location: 2445 Baseline Road, Bowmanville
Part Lot 15, Concession Broken Front, former Township of Darlington
2.0 BACKGROUND
2.1 On May 18th, 2010, KTJ Holdings, through their agent D.G. Biddle and Associates
Limited, submitted a complete application to amend the Zoning By-law for the site
located in the south end of Bowmahville at 2445 Baseline Road. The purpose of this
application is to seek permission to expand the list of permitted uses on the site. in order
to increase the marketability of the proposed 521 mZ (5,600 tt2), 4-unit addition to the
existing 517 mZ (5,560 ftz) 3-unit commercial plaza.
2.2 The Owner has submitted a Planning Justification Report, a Phase 2 Environmental Site
Assessment and a Site Service and Grading Plan in support of this application. In
consultation with Central Lake Ontario Conservation it was determined that an
Environmental Impact Study was not required in order to facilitate a satisfactory review
of this application,
2.3 The existing 3-unit commercial plaza was constructed in March, 2006.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The property is a corner lot with frontage onto a Type "A" Arterial Road (Baseline Road)
and onto a local road (Martin Road). The subject lands are generally flat with grades
dropping gently to the southwest. This directs the natural drainage flows from the site
into the West Side Creek. Due to the lands previous use as arable farmland there is.no
mature vegetation onsite.
An existing, single-storey commercial plaza (517 m2 = 5,560 ftz) is located centrally
within the site. The associated asphalt parking area for this plaza wraps around the
north, east and south sides of the building.
REPORT NO.: PSD-098-10
PAGE 3
FIGURE 1 -View of existing plaza
facing southwest (16Aug10).
3.2 The surrounding uses are as follows:
North - Community Use (Baseline Community Centre and Baseline Park) and
Residential
East - Commercial (Dairy Queen, Holiday Inn Express) and Institutional (RCMP)
South - Vacant land and West Side Creek
West - West Side Creek
4.0 PROVINCIAL POLICY
4.1 Provincial Policy Statement
The Provincial Policy Statement (PPS) encourages intensification, such as the
introduction of new uses, which facilitates the development of a property at a higher
density than currently exists.
Another principle of the PPS is to encourage the use of intensification and
redevelopment to broaden the appropriate mix and range of employment uses. This
creates opportunities for diversified services to be offered which support the long-term
needs of both existing and future businesses.
The PPS promotes efficient land use patterns which accommodate a range of uses
(including commercial uses) while at the same time avoiding harmful impacts upon both
public health and the environment.
All of these goals are to be achieved within existing settlement areas and in a manner
which minimizes land consumption and servicing costs. The Owner's proposed
expansion will take advantage of existing Municipal infrastructure.
REPORT NO.: PSD-098-10 PAGE 4
The PPS also directs that a community's long-term economic prosperity be supported
by ensuring that the vitality and viability of traditional downtowns and main streets are
protected. In addition, significant built heritage resources and/or significant cultural
heritage landscapes should be identified to ensure preservation.
4.2 Provincial Growth Plan
The Provincial Growth Plan (Growth Plan) directs new growth to built-up areas where
sufficient capacity exists to accommodate this growth in a compact and efficient form.
One of the Growth Plan's preferred means of achieving that growth is through the
intensification of existing sites.
The Growth Plan also instructs economic development to be promoted through the
provision of a mix of employment uses and a diversified economic base to meet long-
term needs of both existing and future businesses. In order to achieve this goal a range
and choice of suitable sites for employment uses must be maintained.
5.0 OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the subject lands as "Living Areas".
Limited office development and retailing are permitted in appropriate locations and as
components of mixed use developments provided that the function of Local Centres
(known as Neighbourhood Centres within the Clarington Official Plan) are not adversely
affected.
The Region of Durham has deemed that this application conforms with the Durham
Regional Official Plan. However, it has been recommended by Durham Regional
Planning Staff that, should Council deem it appropriate to approve the proposed Zoning
By-law amendment, that a Holding Symbol (H) be placed on the property to ensure that
certain Ministry of the Environment acknowledgements are received prior to the
issuance of a Building Permit for an addition. While Municipal Planning Staff agree with
ensuring that these acknowledgements are received, they note that the Site Plan
approval process is a more appropriate time to address these concerns. Therefore, the
imposition of a Holding Symbol (H) is not required.
5.2 Clarington Official Plan
The Clarington Official Plan designates the subject lands as "Highway Commercial"
along the east side of the property and "Environmental Protection Area" along the west
side of the property.
Lands designated as "Highway Commercial' are intended to serve the specialized
needs of residents on an occasional basis. These uses typically require larger parcels
of land to accommodate their business operations (which may include outdoor storage
and display) and provide visibility to high volumes of traffic. The "Highway Commercial"
designation reflects the site's proximity to the intersection of Highway 401 and Regional
Road 57.
REPORT NO.: PSD-098-10
PAGE 5
The "Environmental Protection Area" designation reflects the condition of the lands at
the time that the Official Plan was adopted in 1996. Since that time, changes have
been made to the West Side Creek Stormwater Management Facility, located on the
north side of Baseline Road between Martin Road and West Side Drive. These
changes have altered the flood plain on the south side of Baseline Road sufficiently that
the portion of the subject lands currently designated as "Environmental Protection Area"
are no longer within the flood plain. In consultation with Central Lake Ontario
Conservation, it has been established that the western limit of the subject lands
corresponds with the revised easterly flood plain limit of the West Side Creek.
Therefore, in this particular instance, the requirement of an Environmental Impact
Study, for a property in or abutting a natural heritage feature was deemed not to be
necessary. Despite this conclusion, appropriate stormwater controls will be
implemented at the Site Plan approval stage to ensure the long term protection and
conservation of the West Side Creek.
Further discussion on the conformance of the Owner's proposed amendment with the
Clarington Official Plan is contained in Section 10 of Report PSD-098-10.
6.0 ZONING BY-LAW
6.1 Zoning By-law 84-63 designates the subject lands "Special Purpose Commercial (C5)".
The permitted uses within the "C5" zone include limited retail uses, such as building
supply outlet, furniture sales and motor vehicle sales. Other permitted uses in this zone
include eating establishments, places of worship, hotel or motel, veterinarian clinic and
professional offices located on a second floor or higher.
6.2 The Owner has requested that the list of permitted uses on the subject lands be
expanded to include Medical and/or Dental Clinics and Professional Offices to be
located on the main floor and not directly associated with another permitted use.
Presently, Professional Offices are permitted but only if they are located on the second
floor or higher of any building on the site. The existing plaza is asingle-storey and the
Owner has no intentions of redeveloping the plaza to include a second floor. Therefore,
the zoning regulations presently prohibit the Owner from leasing space to a Professional
Office use within the existing single-storey building.
6.3 The Zoning By-law regulations for loading spaces stipulates that required loading
spaces may not be provided in tandem and must be located abutting the building to
which they are required. In addition to expanding the list of permitted uses, the Owner
would also like to provide the two (2) required loading spaces in tandem and along the
south edge of the parking area.
7.0 SUMMARY OF BACKGROUND STUDIES
7.1 The Owner's Agent, D.G. Biddle & Associates Ltd., has provided a Planning
Justification Report in support of this application. The Agent's Report identifies the
REPORT NO.: PSD-098-70 PAGE 6
subject lands as a contiguous part of the Spicer Square Auto Mall and related
development lands to the east.
7.2 According to the Agent's Report, the Owner has submitted this application in order to
obtain greater flexibility in the type of clients to whom they can lease their facilities.
Following an increase in the number of permitted uses available, the Owner intends to
construct an addition to the existing commercial plaza which would double the available
floor space. It is the Owner's preference to achieve this expansion via asingle-storey
addition to the west of the existing building versus asecond-storey addition above the
existing building.
7.3 Medical and/or Dental Clinic
7.3.1 The Agent's Report identifies the 2006 Commercial Policy Review as the source of the
policy direction which recommended that office uses generally be directed off the main
floor and onto the second-storey or higher of commercial buildings. In spite of this, the
Owner's Agent remarks that the absence of available office space in downtown
Bowmanville, together with the fact that certain customers/patients prefer to walk to their
appointments, provides the necessary justification to permit the introduction of Medical
and/or Dental Clinic uses onto this site. The Agent concludes that the limited amount of
existing and proposed floor space at this location will not place this site in direct
competition with downtown Bowmanville.
7.3.2 In evaluating Medical and/or Dental Clinics, the Agent's Report states that the hours of
operation are typically weekday, daytime hours. However, Dental Clinics do also
operate occasionally in the evenings and weekends to accommodate their client's
availability. On average, Medical and/or Dental Clinics generate higher traffic volumes
than other uses that may operate on this site such as retail or Professional Office use.
In spite of this, the Agent goes on to point out that the modest size of the existing facility
and the proposed addition will be self-limiting to the amount of impact that may be
created by the addition of this new use to the property.
7.4 Professional Office Use
7.4.1 The Agents Report acknowledges that locally Professional Office uses (without
limitation as to their location within a building) are currently found principally within the
downtown of Bowmanville and in Neighbourhood Centres. However, it is suggested
that there is a shortage of available office space in the Bowmanville urban area which
could be partially addressed by permitting Professional Office uses on this site.
7.4.2 The Agent's Report states that the creation of a limited number of Professional Office
units at this location will not have a significant impact upon the continued viability of
downtown Bowmanville. To further support this contention, the Owner's Agent
highlights the fact that Professional Office uses were previously permitted on the main
floor for two properties located in Spicer Square.
REPORT NO.: PSD-098-10
PAGE 7
7.4.3 Additionally, this site's distance from the nearest Neighbourhood Centres (960 metres
from Hartwell Drive and Regional Road 57 and 920 metres from Waverley Road and
Quinn Drive) removes it from direct competition for pedestrian traffic with these Centres.
7.4.4 The nature of Professional Office use (i.e. hours of operation, volume of traffic
generated) supports the position that the proposed uses will remain compatible with the
surrounding area.
7.5 It is the opinion of the Owner's professional Planner that this application is consistent
with the policies of the Provincial Policy Statement, the Growth Plan for the Greater
Golden Horseshoe, the Durham Regional Official Plan and the Clarington Official Plan.
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 two public meeting notice signs were installed on the property, one on each road
frontage. The public notice was also posted on the Municipal website and in the
Planning Services electronic news letter. In addition, a number of the supporting
documents and drawings were posted to the Planning Services section of the Municipal
website.
8.2 At the writing of this report, Staff had received no inquiries regarding this application.
9.0 AGENCY COMMENTS
9.1 The Engineering Services Department has no objection, in principle, to the application
to amend the Zoning By-law to permit additional uses and to relocate the required
loading spaces.
9.2 The Central Lake Ontario Conservation Authority (CLOCA) has noted that the western
boundary of the subject lands appears to coincide with the floodplain of the West Side
Creek. Consequently, any future development generated as a result of this Zoning By-
law amendment would be located outside of the abutting flood plain. CLOCA has stated
that they have no objections to this application.
9.3 Should this application be approved and the Owner proceed through the Site Plan
process for further development of the site, all departments and agencies reserve the
right to provide more detailed comments outlining specific requirements at that time.
9.4 No significant built heritage resources and/or significant cultural heritage landscapes
which require conservation have been identified within the site.
9.5 The Finance Department has confirmed that the taxes on this property are current.
REPORT NO.: PSD-098-10 PAGE 8
10.0. STAFF COMMENTS
10.1 The Clarington Official Plan identifies personal service uses (which would include
Medical and/or Dental Clinic) and office uses as being appropriate uses within "Town
and Village Centres" and "Neighbourhood Centres". The "Town and Village Centre"
designations are found centrally located along Highway 2 while "Neighbourhood
Centres" are located along major roads within urban residential areas. Personal service
and office uses are considered to be compatible with and supportive of residential uses.
Correspondingly, these uses may exist independently or as part of a
commercial/residential mixed-use development.
10.2 Areas designated "Highway Commercial" are intended to serve the specialized retail
needs of residents on an occasional basis: In further clarifying this position the
"Highway Commercial" policies specifically exclude those uses which may be
frequented by residents on a regular basis such as: department stores, food stores and
banks. "Highway Commercial" areas are located on the edge of high-volume
transportation. corridors and are intended to be patronized almost exclusively by
vehicular traffic due to their physical separation from residential areas and the absence
of day-to-day retail and service uses:
10.3 The uses within the "Special Purpose Commercial Zone (C5)' are intended to serve the
broader population on an irregular basis. Due to the type and size of their products,
uses within the "C5" zone are typically located on large sites with easy access to major
transportation corridors. The Owner has stated that the proposed uses are appropriate
for these lands for the following reasons:
The limited size of the property precludes its ability to be effectively utilized for
many of the uses permitted by the "C5" zone; and
The limited scale of the proposed uses will not detract from the operation of
commercial uses in the immediate area, the surrounding residential area, the
continued viability of downtown Bowmanville and/or the continued viability of the
local neighbourhood centres (located at Hartwell Avenue and Waverley Road).
10.4 Commercial Policy Review (2006)
10.4.1 As part of the Commercial Policy Review endorsed by Council on March 1g~, 2006, i1
was recognized that Clarington's downtowns are primarily comprised of small-scale
retailers, personal service uses, banks, offices and restaurants. In light of proposed
commercial development in the Bowmanville West Town Centre a number of
recommendations were offered by the Commercial Policy Review to ensure the
continued vitality of downtown Bowmanville. Two of these recommendations were:
Placing limits on the number and size of smaller retail units (less than 300 mZ)
that are available in the Bowmanville West Town Centre; and
Limiting the location of Professional Office and Medical/Dental Clinics to the
second floor or higher of commercial or mixed-use buildings.
REPORT NO.: PSD-098-10 PAGE 9
10.4.2 This was intended to reduce the. possibility of smaller retailers and tenants, similar to
those that would otherwise establish within the downtown, from being accommodated
within new commercial developments outside of the downtown.
10.5 Previous Approvals
10.5.1 While the continued vitality of downtown Bowmanville remains a priority of Council and
of Provincial regulations, such as the Provincial Policy Statement, a number of recent
development approvals have demonstrated that a certain degree of adaptability is
required when implementing the recommendations of the Commercial Policy Review
(2006).
10.5.2 On January 12th, 2009, Council passed Zoning By-law Amendments, for two properties
within the "Highway Commercial" designation located on Spicer Square, to permit
Professional Office uses on the ground floor. At that time, the respective applicant had
argued that this relief from the Zoning By-law was required in order to better market the
site for future tenants. It was further claimed that the size of these properties (0.39 Ha
and 0.46 Ha) restricted them from accommodating the larger-format retail uses that
would typically be found in a "Highway Commercial" designation. (These properties are
approximately two~thirds the size of the subject property.) While it was recognized that
the intent of the respective Zoning By-law provision to only permit Professional Office
uses on the second floor or higher was to direct these uses to downtown Bowmanville, i
was. noted that there currently exists limited vacant space in the downtown to
accommodate new Professional Office uses.
10.5.3 On August 10th, 2009, the Ontario Municipal Board accepted Minutes of Settlement,
negotiated between the Municipality and Bowmanville Creek Developments Inc. relating
to development approvals for lands within the "Highway Commercial" designation
located to the east of Regional Road 57 and south of Baseline Road (the Torgan site).
In this settlement, the Municipality agreed to permit a combined total of 500 m2 of
Professional Office space on the ground floor all buildings within this exception zone.
Additionally, a total of three (3) individual stores, with gross floor areas of less than 250
m2 but greater than 100 m2, were permitted provided that these buildings fronted onto
Baseline Road.
10.5.4 On October 15th, 2009, the Committee of Adjustment approved a Minor Variance
application from Halloway Holdings for lands located within the Bowmanville West Town
Centre which sought:
To permit an increase in the maximum number of individual business
establishments, with a total floor area of less than 300 m2 but greater than 100
m2, from four (4) to six (6); and
To permit Medical and/or Dental Clinics on the ground floor.
10.5.5 In reaching this decision, the Committee accepted the position that, despite the
commercial format of smaller units that exist in the downtown of Bowmanville, it is
necessary to permit a greater number of small unit tenant spaces outside of the
downtown to keep up with the increasing demand for small-unit commercial space.
REPORT NO.: PSD-098-10 PAGE 10
Further, the economics of providing barrier-free Medical and/or Dental Clinics on the
ground floor as opposed to a second floor or higher, requiring access by an elevator,
makes the provision of this use on the ground floor more affordable.
10.5.6 It may be noted that, despite the aforementioned approvals, none of the three properties
mentioned above has yet proceeded in constructing any buildings to utilize these
amended regulations.
10.6 Analysis of the Site
10.6.1 The subject lands are located at the western edge of the "Highway Commercial" area
that is formed by the interchange of Regional Road 57 and Provincial Highway 401 in
the south end of Bowmanville. In addition to the "Environmental Protection Areas"
formed by the West Side Creek the properties in the vicinity of the subject lands are
designated "Community Park" (Bowmanville Indoor Soccer Centre), "Prestige
Employment Area" (yet to be developed) and "Urban Residential" (Westvale
neighbourhood). These conditions create the opportunity for tenants operating from the
subject lands to serve the various needs of employees, residents and visitors to this
area.
10.6.2 The subject site is located outside of a residential subdivision and along a Type "A"
Arterial roadway (Baseline Road). As a result, it does not posses pedestrian
connections nor is it conducive for it to function as a Neighbourhood Centre. Vehicular
travel will be the primary mode of transportation for patrons to this site. These
characteristics are typical of "Highway Commercial" properties. However, due to the
subject site's size (0.6 Ha) it is not conducive to most "traditional", large-format highway
commercial uses (i.e. motor vehicle sales, furniture/appliance retail, etc.).
10.6.3 The Owner is proposing to construct 520 mz of additional floor space resulting in a total
floor space for the plaza of 1,038 mZ. The Agent's report has stated that the modest
size of the existing facility and the proposed addition will limit the potential impact that
may be caused by introducing the new uses to the property. It is correct that the current
and proposed building form and orientation make further development beyond 1,038 mZ
unlikely on this site. However, it should be noted that a future demolition and
reconstruction could create a commercial building totalling up to 2,000 m2 in size (based
on a calculation of maximum lot coverage, minimum landscaped open space and
required parking and loading spaces).
By comparison, Neighbourhood Centres are permitted to construct up to a maximum
floor area of 5,000 mZ. The Waverley Road Neighbourhood Centre currently contains
approximately 1,900 m2 of floor space within one building. The Hartwell Avenue plaza
currently contains 1,920 m2 within one building while a second 1,440 m2 building is now
being proposed on an adjoining site.
It is Staff's opinion that the development of this site to its fullest potential (2,000 mZ)
would not be in conflict with the local Neighbourhood Centres or downtown
Bowmanville.
REPORT NO.: PSD-098-10 PAGE 11
10.6.4 While Baseline Road has not been formally identified within the Durham Regional
Official Plan as a "Regional Corridor" it does represent the only east-west Type "A"
Arterial road through Bowmanville (King Street and Concession Road 3 are both
identified as a Type "B" Arterial roads). The subject property already possesses a
single commercial entrance from Baseline Road and a second commercial entrance to
the east along Martin Road. All additional traffic generated by the proposed uses can
be adequately accommodated by the existing entrances.
10.7 Appropriateness of Medical and/or Dental Clinics
10.7.1 Medical or Dental Clinics are currently permitted within "General Commercial (C1)" and
"Neighbourhood Commercial (C2)" zones along with regularly-frequented retail and
service uses, existing residential uses and residential-commercial mixed-uses. Medical
and/or Dental Clinics are deemed to be complementary to both retail and residential
uses.
10.7.2 The Medical and/or Dental Clinic uses proposed by this application are not intended to
transform the existing plaza into a Neighbourhood Centre. Through the Commercial
Policy Review (2006) it was determined that the needs of the residents in the Westvale
(Aspen Springs) neighbourhood could be met by the "Neighbourhood Centre" at
Hartwell Avenue and by future connections via Green Road to the Bowmanville West
Town Centre. As a result, a second "Neighbourhood Centre" within the Westvale
neighbourhood was eliminated on November 26~h, 2007, in response to a rezoning
application submitted by Aspen Springs West Limited.
10.7.3 It is inevitable that any Medical and/or Dental Clinic use on the subject site may serve
the needs of the neighbouring residential area but will also serve the broader needs of
the employees and visitors to the area as well. The absence of other common
"Neighbourhood Centre" uses (i.e. convenience store, general retail, bank, dry cleaners,
day nursery and personal service uses) on the subject lands will ensure that the existing
"Neighbourhood Centres" at Hartwell Avenue and Waverley Road continue to maintain
a competitive advantage over the Owner's site with respect to both attracting Medical
and/or Dehtal Clinic tenants and customers for those tenants.
10.7.4 Medical and/or Dental Clinics do not serve the regular needs of the public in the same
way as a convenience store, bank or hair stylist (personal service shop). As a result,.
these proposed uses will not increase the frequency of traffic to this site any more than
the already permitted special purpose commercial uses. That said, it is accepted that
the volume of traffic generated by these uses would be greater per square meter of floor
space than the typical large-format retail uses. However, the modest size of the existing
and proposed building, in comparison to these large-format retailers, will assist in
keeping traffic from any Medical and/or Dental Clinics in scale with other uses found in
the area and in conformity with the "Highway Commercial" designation.
10.7.5 Based on the aforementioned remarks, Staff have no objection to permitting Medical
and/or Dental Clinic uses on the subject site.
REPORT NO.: PSD-098-10
10.8 Professional Office Use
PAGE 12
10.8.1 Professional Offices are currently permitted within "General Commercial (C1)",
"Neighbourhood Commercial (C2)" and "Hamlet Commercial (C3)" Zones. Professional
Offices are also permitted within "Special Purpose (C4)", "Special Purpose (C5)", "Large
Format Commercial (C8) and "Street-Related Commercial (C9)" zones on the condition
that they are located on the second-floor or higher.
10.8.2 In order to justify a physical expansion of the existing commercial plaza on the subject
property, the Owner has stated that it is necessary to permit a wider range of
commercial uses which would include permitting Professional Offices on the ground
floor. The Owner's contractor has stated that the design and construction of the existing
building would not permit the construction of a second floor to house additional office
space. Therefore, in order to reasonably accommodate Professional Office uses on this
site a ground floor addition is both more feasible and economical.
10.8.3 Though permitted in several different Commercial Zones within Bowmanville,
Professional Office uses are most commonly located in the downtown. The presence of
several of the major banks, various Municipal buildings, higher-density residential uses
and a concentration of retail and service uses make the downtown an attractive location
for Professional Offices to operate. These office uses include lawyers, accountants,
financial services and insurance. These kinds of Professional Office uses could be
further defined as "general office use" in that they represent services for which the
majority of the public will have need of either on a one-time or perhaps an occasional
basis.
10.8.4 By comparison, the Professional Office uses that would be attracted to locating within a
"Highway Commercial" area could be defined as "specific office use". These would
include services such as design, construction and engineering consultants. These
types of office uses provide services to a select number of people or companies as
opposed to the public at large. Their location within a "Highway Commercial" area
permit these types of uses to operate in closer proximity to their clients. The
Professional Office uses that may locate on the subject site would not be industrial uses
but may serve industrial clients. Being located along Baseline Road offers prime
access to the industrial areas of both Courtice and Bowmanville as well as to larger
employers such as St. Marys, Ontario Power Generation or down the road to General
Motors and its many subsidiaries.
10.8.5 Unlike the Bowmanville West Town Centre, which offers a wide array of retail and
service uses, complementary conditions and land uses do not exist on either the subject
site or the surrounding properties to create an environment that would compete directly
with downtown Bowmanville. Therefore, Staff have no objection to permitting
Professional Office uses on the subject site.
10.9 Loadino Spaces
10.9.1 The General Provisions of the Zoning By-law require that loading spaces shall not be
located in tandem and must be located abutting the building or structure for which they
REPORT NO.: PSD-098-10
PAGE 13
are required. The intent of this requirement is to ensure that loading spaces are located
in a manner that most easily facilitates the movement of goods from vehicle to building
without obstruction or disturbance to other required elements on site (i.e. parking
spaces, drive aisles, fire routes, sidewalks, etc.). Due to the orientation of the site and
the central layout of the existing building within the site, the Owner has requested an
amendment to the zoning standards related to the location of required loading spaces.
10.9.2 Based on the nature and scale of the uses currently permitted and proposed for this
site, it is unlikely that the loading of goods and materials will form a regular and integral
part of day-to-day operations. One of the benefits ofthe proposed addition will be to
extend the on-site service lane completely around the existing building and proposed
addition. As a result, the relocation of the loading spaces away from the principal
building will not significantly inhibit travel and access through the site. Therefore, Staff
have no objection to the modification of the loading space requirements to
accommodate the Owner's request.
11.0 CONCLUSIONS
11.1 This application proposes to broaden the range of services available on the subject
lands. At the same time as offering a greater range of services the proposed uses will
also create increased employment opportunities which will support the long-term needs
of the existing and future businesses in the area. This will be achieved without direct
competition or impact upon the vitality and viability of downtown Bowmanville or the
nearby "Neighbourhood Centres". Further, the proposed modifications to the loading
space requirements will not create a significant detriment to commercial operations on
the site.
11.2 The purpose of Report PSD-098-10 is to satisfy the requirements for a Public Meeting
under the Planning Act. It is respectfully recommended that Report PSD-098-10
continue to be processed by Staff.
11.3 Provided there are no significant issues raised at the Public Meeting and based on the
comments in this report, it is further recommended that the rezoning application
submitted by KTJ Holdings be approved; and that the draft Zoning By-law Amendment,
as contained in Attachment 2 to Report PSD-098-10, be passed.
Staff Contact: Paul Wirch
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed Zoning By-law
List of interested parties to be advised of Council's decision:
KTJ Holdings Bill Colville
D.G. Biddle & Associates Ltd.
Durham Regional Planning Department
Municipal Property Assessment Corporation (MPAC)
Attachment 1
To Report PSD-098-10
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2010-
Attachment 2
To Report PSD-098-10
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 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 2010-0011;
NOW THEREFORE BE IT RESOLVED THAT, the. Council of the Corporation of the
Municipality of Clarington enacts as follows:
Section 20.4.9 SPECIAL PURPOSE COMMERCIAL EXCEPTION (C5-9) ZONE
is hereby added as follows:
"Section 20.4.9 SPECIAL PURPOSE COMMERCIAL EXCEPTION (C5-9)
Notwithstanding the provisions of Sections 3.13 e. and 20.1 b. those lands zoned
"C5-9" on schedule "A" of this By-law shall, in addition to the permitted uses may
also be used fora Medical or Dental Clinic and Business, Professional or
Administrative Office: All uses shall be subject to the following regulations:
Loading Space Requirements:
i) Loading spaces may be provided in tandem and shall not be required to
be located abutting the building or structure for which they are required.
2. Schedule "3" to By-law 84-63, as amended, is hereby furlhef amended by
changing the zone designation from "Special Purpose Commercial (C5) Zone" to
"Special Purpose Commercial Exception (CS-9) 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 of the Planning Act.
BY-LAW read a first time this day of 2010
BY-LAW read a second time this day of 2010
BY-LAW read a third time and finally passed this day of 2010
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By- law 2010- ,
passed this day of , 20.10 A.D.
BASELINE ROAD
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® Zoning Change From "CS" To "C5-g"
Jim Abernethy, Mayor Pali L. Barrie, Municipal Clerk
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