HomeMy WebLinkAboutPSD-100-10Leadi~eWaJ~ ~ REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: September 13, 2010 Resolution #:(~' PF~~^5/- /U By-law #: X0/0-1/5
Report #: PSD-100-10 File #: ZBA 2010-0013 and SPA 2010-0015
Subject: TO PERMIT THE DEVELOPMENT OF A 1,439SQ. M., THREE STOREY
BUILDING FOR A PROFESSIONAL DENTAL, MEDICAL OFFICE WITH
PHARMACY AND ASSOCIATED PARKING AREA
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
Meeting recommend to Council the following:
THAT Report PSD-100-10 be received;
2. THAT the rezoning application submitted by D.G. Biddle & Associates Ltd., to permit the
development of a three storey building for a professional medical office with pharmacy
and associated parking area at reduced standards be approved and that the attached
By-law contained in Attachment 2 to Report PSD-100-10 be passed; and
THAT all interested parties listed in Report PSD-100-10 and any delegations be advised
of Council's. decision.
Submitted by: Reviewed by: ~ ""-' "~
y Langm ' , FCSLA, MCIP Franklin Wu,
cting Direct of Planning Services Chief Administrative Officer
RP/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-100-10 PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: D.G. Biddle & Associates Ltd.
1.2 Owner: 1 Hartwell Bowmanville Inc. c/o Reza Fadavi
1.3 Proposal: To permit the construction of a1,439 sq. m., three storey building for a
Medical /Dental Office with Pharmacy and associated parking area
1.4 Area: 0.32 ha
1.5 Location: Part Lot 15, Concession 1, former Township of Darlington
1 Hartwell Avenue, Bowmanville
2.0 BACKGROUND
2.1 On May 25, 2010, D.G. Biddle & Associates Ltd. on behalf of 1 Hartwell Bowmanville
Inc., submitted a complete application for an amendment to the Zoning By-law (84-63)
to permit the construction of a 1,643 sq. m. Medical /Dental Office with Pharmacy.
2.2 The subject land is designated "Neighbourhood Centre" in the Clarington Official Plan.
The site, together with the existing commercial plaza to the north, was created through
a plan of subdivision on June 16, 1988. Both sites comprise the Neighbourhood Centre
designation. Development of the commercial plaza on the northern site was approved
on September 23, 2004.
2.3 The property under consideration is zoned "Holding -Neighbourhood Commercial
Exception ((H) C2-9) Zone" in the Zoning By-law 84-63. The Applicant ha's requested
an amendment to the Zoning By-law (84-63) to an appropriate zone which would retain
all of the uses already permitted in the "Neighbourhood Commercial (C2-9) Zone" but
would modify some of the applicable regulations for those uses.
2.4 Specifically, the Applicant requested:
• Reduce the minimum front yard depth from 10 m to 2.5 m
• Reduce the minimum exterior side yard depth from 10 m to 4.8 m
• Reduce the minimum interior side yard from 10 m to 4.2 m
• Increase maximum building height from 10 m to 12.7 m
• Increase maximum floor area from 500 sq. m. to 1,643 sq. m.
Reduce minimum parking spaces required from 62 spaces to 52 spaces
• Reduce minimum accessible parking required from 3 spaces to 2 spaces
• Reduce minimum loading space (4 m x 11 m) from 2 spaces to 1 space
2.5 The above noted items are addressed in Section 10 of Staff Comments Report PSD-
100-10.
REPORT NO.: PSD-100-10 PAGE 3
2.6 The Applicant has submitted a Planning Rationale Report, a Parking Study, and a
Phase 1 Environmental Site Assessment Report in support of this application.
2.7 On July 5, 2010, the General Purpose and Administration Committee of Council held a
Public Meeting in accordance with the requirements of the Planning Act. At that
meeting, comments were received from four members of the public. These comments
were related to the proposed building design, the impact of reducing parking standards.
and the potential impact on property values. As a recommendation of Report PSD-082-
10 Staff were requested to continue to process the application including the preparation
of a further report.
2.8 Following the Public Meeting held on July 5, 2010 Staff had a discussion with the
applicant about hosting an Open House to give the community the opportunity of
providing additional comments on the Applicant's proposal. An invitation to the Open
House was distributed by the Applicant to each landowner within 120 metres of the
subject site. In addition, a copy of the proposed site plan drawing and all the relevant
studies were available for viewing on the Clarington website prior to the Open House
on July 22, 2010.
2.9 Based on feedback from the neighbours, the Applicant presented a modified site plan
proposal at the Open House which had been designed to address the neighbour's
concerns regarding building design, siting, and parking standards.
2.10 Four landowners attended the Open House. Overall, they were in agreement with the
modified site plan proposal. In particular, positive comments were expressed regarding
the decrease in building size and the revised parking. Concerns such as the garbage
room location and landscaping screening were revised after the Open House. Matters
such as fagade materials, lighting, and signage will be addressed through-the Site Plan
process.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The site slopes from northeast to southwest towards the existing residential
development. The property comprises 3,166 sq. m. of vacant land area. The site is
located at the southwest corner of Hartwell Ave. and Durham Regional Road 57, a
Type "A" Arterial road that serves as a main linkage between Highway 401 and the
Bowmanville West Town Centre.
REPORT NO.: PSD-100-10 ~ PAGE 4
Figure 1
View of site facing west (June 13, 2010)
View of commercial plaza facing northeast (June 13, 2010)
REPORT NO.: PSD-100-10 PAGE 5
3.2 The surrounding uses are as follows:
North - Commercial uses (Neighbourhood Centre retail plaza)
South - Residential Uses
East - Residential Uses
West - Residential Uses
4.0 PROVINCIAL POLICY
4.1 Provincial Policv Statement
The Provincial Policy Statement (PPS) promotes efficient land use and development
patterns to protect the environment, public health and safety and facilitate economic
growth. The proposed development application is within the Bowmanville urban area
and proposes efficient development and land use patterns by accommodating an
appropriate range of office and retail uses.
The Provincial Policy Statement specifies that there shall be an appropriate mix of
serviced commercial lands available to meet long-term commercial and employment
needs of the community. The existing Neighbourhood Centre designation permits office
and commercial uses that better serve the needs of area residents. The proposal
conforms to the Provincial Policy Statement.
4.2 Provincial Growth Plan
The focus of the Provincial Growth Plan is to create compact, complete communities
that are supportive of transit and pedestrian friendly. A fundamental principle of the
Growth Plan is to encourage intensification of underutilized urban lands to create a
vibrant community where infrastructure exists to accommodate growth. Intensification
areas will be planned and designed to provide a diverse and compatible mix of land
uses, including residential and employment uses.
The subject site is within the Built Boundary under the Provincial Growth Plan for the
Golden Horseshoe. The plan policies call for the first priority of growth to intensify within
built-up areas where better use of land and infrastructure can be made by directing
growth to these areas. Intensification is encouraged to occur along major roads such as
Regional Road 57 with the potential to achieve increased employment densities.
The subject site and surrounding lands were created through a plan of subdivision on
June 16, 1988. The site and the existing commercial plaza to the north provide a
compatible mix of uses and employment for the surrounding community. Durham Road
57 is classified in the Clarington Official Plan as a Type "A" Arterial Road and lies within
the Bowmanville urban area where intensfcation is deemed to be appropriate by the
Growth Plana The proposal conforms to the Provincial Growth Plan.
REPORT NO.: PSD-100-10 PAGE 6
5.0 OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the subject land "Living Area". The Plan
indicates that subject to the inclusion of appropriate provisions and designations in the
area municipal Official Plan "Local Centres" shall be permitted in Living Areas. Local
Centres designated in the local official plans shall be planned and developed in
accordance with a hierarchy including Urban Centres, Community Centres and
"Neighbourhood Centres". Neighbourhood Centres are generally smaller in scale and
serve day-to-day needs of residents of the surrounding community. The proposal
conforms to the Durham Regional Official Plan.
5.2 Clarington Official Plan
The subject lands are designated "Neighbourhood Centre". Neighbourhood Centres are
meant to serve as focal points for residential communities and provide for day-to-day
retail and service needs with a maximum amount of gross leasable floor space of 5,000
sq. m. The Clarington Official Plan specifies that an appropriate range of retail and
service uses in the Neighbourhood Centres are desirable. The initial proposal for the
subject site included 1,643 sq. m. of gross floor space. The applicant has now reduced
the total floor area by 204 sq. m to 1,439 sq. m. The existing and proposed commercial
plaza site are both well within the permitted 5,000 sq.m. for the "Neighbourhood
Centre" designation in the Clarington Official Plan.
From a site development and urban design perspective, the Official Plan requires that
buildings be street-related with parking located at the side or rear of the building. The
applicant has oriented the building towards the intersection. This wil- place the building
as close as possible to the street with the parking area located between the building
and the abutting residences. The proposal conforms to the Clarington Official Plan.
6.0 ZONING BY-LAW
6.1 Zoning By-law 84-63 zones the subject land "Holding -Neighbourhood Commercial
Exception ((H) C2-9) Zone". The uses currently permitted by this zone include retail
and service. uses. The existing zoning permits the proposed Medical /Dental Office with
Pharmacy. Following the Open House on July 22, 2010 the Applicant has reduced the
amendments to the Zoning By-law as follows:
• Reduce the minimum front yard depth from 10 m to 2.8 m
• Reduce the minimum exterior side yard depth from 10 m to 5.0 m
• Reduce the minimum interior side yard from 10 m to 7.1 m
• Increase maximum building height from 10 m to 11.6 m
• Increase maximum floor area from 500 sq. m. to 1,439sq. m.
• Reduce minimum loading space (4 m x 11 m) from 2 spaces to 0 space
6.2 The above noted items are addressed in Section 10 of Report PSD-100-10.
REPORT NO.: PSD-100-10 ~ PAGE 7
7.0 SUMMARY OF BACKGROUND STUDIES
7.1 Planning Rationale Resort
The Applicant submitted a Planning Rational Report in support of this application. It
provides background information of the property and surrounding area together with a
review of Provincial, Regional and Local Planning Documents. The report indicates
that the location is appropriate for intensification for the following reasons:
• .The proposed use will provide employment and economic stimulus and medical
care to meet long-term needs of the surrounding neighbourhood;
• Bowmanville is recognized as a major urban area in the Clarington Official Plan
and is an appropriate location for intensification; and
• The development of the subject site proposes to utilize the existing Type "A"
Arterial road and urban services infrastructure.
7.2 Parking Study
Due to the mix of uses that are possible to be accommodated on this site, Staff have
advised the applicant to use amulti-use, shopping centre ratio to calculate parking
needs. The Zoning By-law requirement for a shopping centre is 1 parking space for
every 20 sq. m. of leasable floor area. This parking ratio is applied to commercial
plazas in Neighbourhood Centres so as to allow for the broadest range of possible
options for leasing.
The initial Parking Study, submitted by the Applicant, provided justification for a
reduced parking ratio. The Applicant's Parking Study relied on field observation and
surveys of parking lot utilization at other similar shopping centres, Zoning By-law
requirements of surrounding communities and local medical/dental buildings.
Based on the initial findings of the study, parking requirements for the proposed medial
office were estimated to be between 42 and 63 parking spaces. The Parking Study
concluded that the proposed 52 parking spaces will adequately handle the parking
demands of the proposed development on-site.
At the Open House on July 22, 2010, the applicant presented a revised site plan which
complies with the parking spaces and accessible parking spaces required by Zoning
By-law 84-63. These items are addressed in Section 10 of Report PSD-100-10.
7.3 Phase 1 Environmental Site Assessment Report
The Applicant has submitted a Phase 1 Environmental Site Assessment Report with
the application. The research conducted looked for risks of environmental
contamination on the subject site, reviewed the history and interviewed people familiar
with the site's history. The,site has not been developed and historically was used for
agriculture. There are surface indications of fill on site (i.e. brick, concrete, plastic).
This site is considered a low risk for contamination based on the area topography,
historical photos, and the suspected source of the fill. The reports states that a Phase
2 investigation is not recommended.
7.4 The conclusions and recommendations of these reports will be incorporated through
the Site plan approval process.
REPORT NO.: PSD-100-10
8.0 PUBLIC NOTICE AND SUBMISSIONS
PAGE 8
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.
8.2 At the writing of this report, Staff had received ten inquiries from various residents
regarding the application. Issues raised from these inquiries include:
• concerns about the current commercial zoning of the property, regulations
proposed building design, height and size;
• location of the building too close to the properties to the south and site lines;
• impact of reducing parking standards;
impact of noise and lighting issues on property value; and
• the grading of the site and storm drainage affecting surrounding properties.
8.3 Staff attended the open house held on July 22, 2010 to gather public response to the
site plan modifications proposed by the Applicant. The comments and above listed
issues have been further analyzed in Section 10 and can be addressed through the
Site Plan review process.
9.0 AGENCY COMMENTS
9.1 The application was circulated to relevant agencies for comments. Clarington
Emergency Services Department, Clarington Operations Department, Central Lake
Ontario Conservation, and The Durham Region Public Works Department have no
objections to the application and have advised that other concerns, if any, will be dealt
with thrdugh the site plan approval process.
9.2 The Durham Region Planning Department has no objection to the proposal.
Authorization for reliance of the Phase 1 ESA report by the region will be required.
Alternatively, the applicant may submit a Record of Site Condition (RSC) of a Phase 1
ESA report to the Ministry of Environment (MOE). An "Acknowledgement letter" from
the MOE, which acknowledges the RSC and indicates the site has not been selected
for audit, shall be provided to the Region. The provision of submitting either an
authorization letter or an acknowledgement letter is revised to be included as part of a
holding symbol, and not removed until such time as the authorization or
acknowledgement letter has been reviewed to the satisfaction of the Region. Planning
Staff do not support the use of the (H) Holding Symbol for this purpose, rather it can be
addressed as a condition of the Site Plan Agreement.
9.3 The Clarington Accessibility Advisory Committee advised that they cannot support the
reduction in the number of accessible parking spaces from three (3) to two (2).
9.4 Clarington Engineering Services Department advised that they are concerned that the
proposed medical clinic may result in an undesirable amount of on-street parking. Prior
REPORT NO.: PSD-100-10
PAGE 9
to approval of the site plan they must be satisfied that there is adequate on-site parking
for the proposed use.
9.5 The Clarington Accessibility Advisory Committee and Clarington Engiheering Services
Department are addressed in Section 10 of Report PSD-100-10.
10.0 STAFF COMMENTS
10.1 The application for an amendment to the Zoning By-law (84-63) to permit the
construction of a 1,439 sq. m. Medical /Dental Office with Pharmacy has been
prepared to meet a number of key Provincial, Regional and Local Policies including the
Provincial Policy Statement, the Growth Pfan for the Greater Golden Horseshoe, the
Region of Durham's Official Plan and the Clarington Official Plan.
10.2 The applicant has considered public and staff comments regarding the proposal and
revised the site plan and building design to address the issues raised. The revised site
plan and building design changes were presented at an open house on July 22, 2010.
The following table summarizes the changes:
10.3 Building Size
The total gross floor area permitted by Zoning By-law 84-63 on the subject land is 500
sq. m. and the Applicant had requested an increase to 1,643 sq. m. on May 25, 2010.
After the Public Meeting, further communications with the neighbours and a public
Open House on July 22, 2010, the Applicant has reduced the building size by 204 sq.
m. for a total gross floor area of 1,439 sq. m. Scaling down the building has had the
effect of increasing the parking space ratio and the percentage of landscaped open
space. The projected gross floor area of 1,439 sq.m. is within the maximum amount of
leasable floor space permitted by the Clarington Official Plan in any one
REPORT NO.: PSD-100-10 PAGE 10
Neighbourhood Centre of 5,000 sq. m. The revised proposal conforms to the new
Provincial Guidelines recommending the intensification of urban sites.
10.4 Parkin
After receiving Staff and public comments regarding the requested decrease of parking
spaces and accessible parking spaces standards the applicant increased the parking
ratios by decreasing the overall size of the building. Parking standards are calculated
on leasable floor area rather than on total gross floor area. The new site plan proposal
reduces the leasable floor area from.1,265 sq. m. to 1,057. Based on a leasable floor
area of 1,057 sq.m. 53 parking spaces are required of which 3 must. be identified as
accessible parking spaces. By reducing the size of the building, the proposal now
complies with the Zoning By-law and the change of zoning regulations for parking and
accessible parking spaces is no longer required. Staff is satisfied with the modified
proposal would not cause any on-street parking problem identified by Engineering Staff
and of concerned residents.
10.5 Some of the concerns raised by members of the. public were the impact of noise, odor
and the aesthetics of the loading area and external garbage enclosure on the
properties south of the proposed building. The Applicant has stated that a panel van
will meet the delivery/pick-up of the building tenants. For the loading, a parking space
adjacent to the depressed curb at the southwest corner of the building with access to
the door to the interior garbage room has been provided. Refuse will also be picked up
by a private contractor at the same location.
By removing the loading area, the impact of noise on the adjacent residential properties
is eliminated and it allows the Applicant to move the garbage enclosure inside the
building thereby eliminating the potential impact of odors and aesthetics on those
properties. This change will also result in a better parking lay-out and an improved
southern fagade design. As a result, there is no need for a full loading area for large
trucks as required by the By-law.
A similar dental practice location on Liberty Street does not have a loading space and
all delivery/pick-up needs have been easily accommodated by smaller vehicles utilizing
a normal sized parking space.
10.6 Urban Design
The applicant has oriented the building towards the intersection. This creates building
massing, architectural interest and prominence at this intersection and also allows for a
parking area partially shielded from the street by the location of the building. The main
entrance has been located in the western elevation of the building so as to provide
direct access from the parking area. A pedestrian connection to Durham Regional
Road 57 will be provided by a concrete walkway. The proposed siting of the building is
intended to allow for the location of the building as far forward on the site as possible.
This will provide an increased separation from the adjacent abutting single detached
residences.
REPORT NO.: PSD-100-10
PAGE 11
The designed brick building with pitched and gabled roofing is proposed to be located
at the front of the site with amulti-windowed front fagade facing. Durham Regional Road
57 with a circular glassed atrium facing the intersection with Hartwell Avenue.
10.7 Setbacks
The Applicant has requested a reduction of the minimum front yard from 2.5 m. to 2.8
m., the minimum exterior side yard from 4.8m to 5.00 m and interior side yard from 12.7
m.to 11.6 m. The Official Plan requires that buildings be street-related with parking
located at the side or rear of the building. The proposed reductions of setback
requirements are intended to allow for the location of the building closer to the street to
meet the Official Plan policies. Siting the building as close to the street line as possible
will enable street presence on the arterial road. This will also provide an increased
buffer of the roads from the adjacent abutting single detached residential units while
allowing for astreet-related building.
The Applicant has revised his application to allow for a larger interior side yard to
address the concerns raised by the members of the public regarding the proximity of
the building to adjacent residential properties. The Applicant has requested the
reduction of the interior side yard from 10 m. to 7.10 m. The revised site plan allows for
improved south and west elevation designs. Improvements to the landscape plan have
been discussed with the Applicant to provide screening to the adjacent properties (see
Attachment 2 -Proposed Building Rendering).
10.8 Building Height
On May 25, 2010 the applicant had requested an increase of the maximum building
height permitted by the Zoning By-law from 10 m. to 12.7 m. to permit the construction
of a three storey building in order to make more efficient use of the property. The
Applicant has now revised his proposal to increase the maximum building height
permitted by the Zoning By-law from 10 m. to 11.6 m. The building has been reduced
in size and moved further away from the property line to lessen the impact of the
building height on the closest neighbouring residences to the south. The grade of the
land is such that the building will be built into the hill at the north elevation which will
give the appearance of a lower building height looking from north to south.
10.9 Matters such as noise mitigation, hours of operation, refuse, landscaping, grading of
the site, storm drainage, illumination and building design will continue to be addressed
through the site plan approval process.
10.10 Given the proposed development, site topography and proximity to the nearby
residents, this site is not suitable for drive-through uses and these provisions of the
Zoning by-law will be removed at this time.
11.0 CONCLUSIONS
11.1 The intent of the application is to permit the development of a three storey professional
commercial medical/dental clinic with a pharmacy on the site within the Bowmanville
area. Staff considers that the major issues raised by the neighbours have now been
successfully addressed by the applicant.
NO.: PSD-100-10
PAGE 12
11.2 Taking into consideration all of the public and agency comments received, and the
revisions made to the Applicant's proposal, it is respectfu-ly recommended that the
application to permit the development of a three storey building for a professional
medical office with pharmacy and associated parking area at reduced standards be
approved and that the attached By-law contained in Attachment 3 to Report PSD-100-
10 be passed.
Staff Contact: Ruth Porras
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed Building Rendering
Attachment 3 - By-law
List of interested parties to be advised of Council's decision:
1 Hartwell Bowmanville Inc. c/o Reza Fadavi
Mehdi Rassaf
Glenn Genge
Durham Regional Planning Department
Municipal Property Assessment Corporation
Hugh and Vivian Perkins
Ruth Kolisnyk
Michael Power
Trina Fitrpatrick and Daniel Layman and family
Phil Annis
Manuel Raposo
Marcia Raposo
Isabelle Peat
Stan and Cindy Driscoll
M. LaCavera
Kelly and Matt Shannon
Jaimie Kirby
John and Laurie Aldsworth
Lawrence Hellinga
Attachment 1
To Report PSD-100-10
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Attachment 2
To Report PSD-100-10
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2010-
Attachment 3
To Report PSD-100-10
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 2010-0013;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. 17.5.9 NEIGHBOURHOOD COMMERCIAL EXCEPTION (C2-9) ZONE
Notwithstanding the provisions of Sections 3.13, 17.3 a, 17.3 c., i), ii), iii), 17.3 f.,
and 17.3 g. those lands zoned C2-9 on the Schedules to the By-law shall be
subject to the following zone regulations:
a. Lot Area 3,100 square metres
b. Yard Requirements (minimum)
i) Front Yard 2.8 metres
ii) Exterior Side Yard 5.0 metres
iii) Interior Side Yard 7.1 metres
c. Building Height (maximum) 11.6 metres
d. Floor Area (maximum) 1,439 square metres
e. Loading Spaces Nil
2. Schedule "3" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
"Holding -Neighbourhood Commercial Exception ((H) C2-9)' to "Neighbourhood
Commercial Exception (C2-9)"
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
BY-LAW read a third time and finally passed this
2010
day of 2010
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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BOWMANVILLE ° ZBA 2010-0023
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