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HomeMy WebLinkAboutPSD-098-10n • 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 '~ ~ ', ,~ ~ d h~ : . ~ ~ m A ~ rY P3 ~ ~ a Y N 3 ~ ~ ~N N - ~ i r ~ ~ ~ N ~ ~ ~ a a ;~ - ~ ~ C N ~ Y ~o ~ ,, ~ - ~ a ;, °0 g ~ ~ , ~- - ~ - ~ ~ ~ m N c 3 ~' ~~ ~ ~ I ~ c O n O s. t q ' ay o N a` ~~~ as Nilavw ~~ ~~ Z~ ~Z X= W Q ~ N Z F V~f 2 X ~ W W Z - J Z W O_ V) ~ D CO p W VI O 6 O -- -- a 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 3 A Z O O N ® Zoning Change From "CS" To "C5-g" Jim Abernethy, Mayor Pali L. Barrie, Municipal Clerk NIL AV ® 1\ ' `DUI _ IN 2 ~1 ~ m ® _ o - ~.. w ~ v°~ m &1SELINE ROAD WEST &15ELIlE ftOAO 11 ~~ & SPIC R O ___ u j SOUME - - ~ ~ w G Y ---- ~ ~ Y F0.EEW ~ ~ ~GUONPIOUFTER ~~ BOWMANVILLE ~ zen zmaoott SCHEDULES