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Home My WebLink AboutA2020-0012 Comments May 05c1twingwn Planning Services Committee of Adjustment Date of Meeting: May 14, 2020 File Number: A2020-0012 Report Subject: An application to permit development on a vacant commercial lot by reducing yard requirements, reducing intersection spacing for an access point; loading spaces requirements and sizes and parking space requirements. Recommendations: 1. That the Report for Minor Variance Application A2020-0012 be received; 2. That all written comments and verbal submissions be considered in the deliberation of this application; 3. That application A2020-0012 for a minor variance to: i. Section 19.3 d. of Zoning By-law 84-63 to reduce the minimum front yard setback from 15 metres to 2.4 metres; ii. Section 19.3 f. of Zoning By-law 84-63 to reduce the minimum exterior side yard setback from 10 metres to 5 metres; iii. Section 19.3 j. ii) of Zoning By-law 84-63 to reduce the minimum distance between an intersection and the point of site ingress/egress from 50 metres to 43 metres; iv. Section 3.12 c., e. and f. of Zoning By-law 84-63 to reduce loading space requirement from two, 4 metre by 11 metre spaces to one, 3 metre by 7.5 metre space, which may be located partially within the exterior side yard setback and not abutting the building; V. Section 3.16 e. of Zoning By-law 84-63 to reduce the number of parking spaces from 84 spaces to 78 spaces; and vi. Section 19.3 d. and f. of Zoning By-law 84-63 to allow a setback of 0.6 metres from the corner of the building to the property line along the visibility triangle, Municipality of Clarington Committee of Adjustment A2020-0012 Page 2 be approved as it is minor in nature, desirable for the appropriate development or use of the land and maintains the general intent and purpose of the Zoning By- law, the Durham Region Official Plan and Clarington Official Plan; and, 4. That all interested parties listed in this report be forwarded a copy of the Committee's decision. Municipality of Clarington Committee of Adjustment A2020-0012 Page 3 1 Application Details 1.1 Owner / Applicant: 2681998 Ontario Inc. / API Development Consultants Inc. 1.2 Proposal: A minor variance to permit development on a vacant commercial lot by: x Reducing the minimum required front yard setback from 15 metres to 2.4 metres, x Reducing the minimum required exterior side yard setback from 10 metres to 5 metres, x Reducing the minimum required distance between an intersection and the point of site ingress/egress from 50 metres to 43 metres; x Reducing the loading space requirement from two, 4 metre by 11 metre spaces to one, 3 metre by 7.5 metre space, which may be located partially within the exterior side yard setback and not abutting the building x Reducing the parking space requirement from 84 spaces to 78 spaces, and x Allowing a setback of 0.6 metres from the corner of the building to the property line along the visibility triangle. 1.3 Area of Lot: 0.46 Hectares 1.4 Location: 1 Spicer Square, Bowmanville (Figure 1) 1.5 Zoning: Special Purpose Commercial (C5) Zone of Zoning By-law 84- 63 1.6 Clarington Official Plan Designation: Gateway Commercial 1.7 Durham Region Official Plan Designation: Living Areas 1.8 Heritage Status: None Municipality of Clarington Committee of Adjustment A2020-0012 Page 4 Baseline Road Subject Parcel P f y GO Or L .. ! e Spicer Squitre Spier wn - Figure 1 — Location Map 2 Background 2.1 In the summer of 2019, the Applicant met with Municipal staff to present a proposal for a hotel at 1 Spicer Square. The existing zoning requirements required the hotel to be located in the centre of the property and placed the parking near the street. Municipal staff encouraged the Applicant to revise their plan by locating the hotel at the corner of the property and along both streets in order to meet the urban design policies of the Official Plan. 2.2 A site plan application was submitted on October 25, 2019, proposing a six - storey hotel. Figure 2 shows the latest proposed site plan for which the variances are being sought. A minor variance is required to permit a site design that locates the hotel building near the street line. This design proposal conforms to the Clarington Official Plan policies for Gateway Commercial Centres. The 6 -storey hotel will have 85 guest rooms, an indoor pool, a fitness centre, a meeting room and a board room. The hotel is proposed to have a gross floor area of 5,324 Municipality of Clarington Committee of Adjustment A2020-0012 Page 5 square metres. 78 parking spaces are provided on-site. A Traffic Impact Brief was submitted in support of this application. o _ AREAi — ¢� . E WELL f� 3- INDOOR 81KE ► T PA "G 0 aw-M {; G or n r____________, H----------- C Nf OUTLINE OF FLOOR i MECHPRD-- •--_'��__��-- - -... :----------- _". .. r BASEMENT ABOAYILNNIE OF FtOtlR' • 1 I POSED HOTEL = PAIR I 9PATTERN TO DE LNO E aJ2.05- I 'FAIRFIELD INN' pY MARRIOTT OF MVEI VS S%WAI FIN, V .. - PARTIAL { 85 RMS - 6 STOREY y' BARRIER FREE ENrRA2.:I L �+ BASEMENT - PROVIDE VERTICAL ACTUATI CIW PARTIAL BASEMENT DOOR PVSHPUTE s B45m SPRINKLERED re QVT. C. ,, 17 RMS I FL FLOOR :E: `I� �� PANTEDI W .O _ • 8c s� s SYMBOLI 4- BYLAW 92.7$ BFFE _ $9.42 �at :��—.{�� BYLAW a Ln : 2 45iI1 . L=1 6.F DEPRESSEI 7 QJ n+ MP.I -AS PER /� OBC. SEE DETA �L/iLyL� v� PRINCIPAL. RACKSISBIKESI � T `'I �n N • Sw" PATTEIW FO DEL/EATE THE OF PAT+ - �' F' - - _. _ - ; RE --�� l 1,5M CSW NCC OF IRAYEL VS BRIxy1FM14H BF WON ENTRANCE ,+5Rmx1370n.,, 5.70m6_00111W 18 F OEPRESSEO CUMy • I :I . SPACE FOR NOBILITY RAMP CTYP.y. ASPER 3.8 3-2(3) IN THE O. 1 TY .....:' .. , •SEE DETAIL WI401 FLU91 N a `Darn OW TIMI 3, �s/AL r T_ R7 PAINTED LINES yi f e f -- y :- ON ASPHALT Sh C 4' I �! WHEEL STOP TYP + ' •,a 4 P er. 3b Fu0 POLE a' ; - 6..35m I SYMBOL AS PER SEEIAND DVVGS FORT13 C I� SIDEW 70 �CITY BYLAW POLE ABASE SPECT 1'0 TP +HA7CH.&NOTES I� RE -CONSTRUCTED C.O. -- ______J REjNF DECORATnrt NON -SLIP ALS PER STANDAPOWF7 %3{T 6 0 m FIRE RpUTE E I RMI 7!Te QONCPAVMIG- REFERTO STANOARC �YLIG>fT IS2�E�S_ FIRE ROUTE TO _ �7 ��_$ �` �� DESIGN REFER SCAPE DRAWINGS FOR REFER iO � �£ . SIGN V IGNAT O .N♦ - } 2 EV CHARGING STATIONS C[VIL UNICIPAL BY{AW ` } N y M CARS CAV POSTED SIGN MD.T 4L +I 1&, UNO8$TRU0TEO FORHYBRIDYENCLES Py, r _ — I wP PATH TO THE FIRE E NlTIT T Ti HYDRANT N147[ DIST. 8jm Figure 2 — Proposed site plan 3 Land Characteristics and Surrounding Uses 3.1 The subject property is located on the southeast corner of Spicer Square and Baseline Road West. The property is a vacant corner lot, approximately 0.46 hectares in size with approximately 56 metres of frontage on Spicer Square and approximately 82 metres of frontage on Baseline Road West. The property is similar in size to other commercial properties in the vicinity. BASELINE RD ' PROPOSED LOCA' = PAS F $ PEDESTRIAN LINK TO TME STREET NOVATED TRANS?: ;-"L 4 .TOE;' CONFIRM �H LOC-TMTIESBE . I•+.,:,' NED Ln DECORATE RAILING BY LAWSCAPING ;CA :". - ^=E'+••:;: LANDSCAPE DRAVYWG FOR SERVICE o _ AREAi — ¢� . E WELL f� 3- INDOOR 81KE ► T PA "G 0 aw-M {; G or n r____________, H----------- C Nf OUTLINE OF FLOOR i MECHPRD-- •--_'��__��-- - -... :----------- _". .. r BASEMENT ABOAYILNNIE OF FtOtlR' • 1 I POSED HOTEL = PAIR I 9PATTERN TO DE LNO E aJ2.05- I 'FAIRFIELD INN' pY MARRIOTT OF MVEI VS S%WAI FIN, V .. - PARTIAL { 85 RMS - 6 STOREY y' BARRIER FREE ENrRA2.:I L �+ BASEMENT - PROVIDE VERTICAL ACTUATI CIW PARTIAL BASEMENT DOOR PVSHPUTE s B45m SPRINKLERED re QVT. C. ,, 17 RMS I FL FLOOR :E: `I� �� PANTEDI W .O _ • 8c s� s SYMBOLI 4- BYLAW 92.7$ BFFE _ $9.42 �at :��—.{�� BYLAW a Ln : 2 45iI1 . L=1 6.F DEPRESSEI 7 QJ n+ MP.I -AS PER /� OBC. SEE DETA �L/iLyL� v� PRINCIPAL. RACKSISBIKESI � T `'I �n N • Sw" PATTEIW FO DEL/EATE THE OF PAT+ - �' F' - - _. _ - ; RE --�� l 1,5M CSW NCC OF IRAYEL VS BRIxy1FM14H BF WON ENTRANCE ,+5Rmx1370n.,, 5.70m6_00111W 18 F OEPRESSEO CUMy • I :I . SPACE FOR NOBILITY RAMP CTYP.y. ASPER 3.8 3-2(3) IN THE O. 1 TY .....:' .. , •SEE DETAIL WI401 FLU91 N a `Darn OW TIMI 3, �s/AL r T_ R7 PAINTED LINES yi f e f -- y :- ON ASPHALT Sh C 4' I �! WHEEL STOP TYP + ' •,a 4 P er. 3b Fu0 POLE a' ; - 6..35m I SYMBOL AS PER SEEIAND DVVGS FORT13 C I� SIDEW 70 �CITY BYLAW POLE ABASE SPECT 1'0 TP +HA7CH.&NOTES I� RE -CONSTRUCTED C.O. -- ______J REjNF DECORATnrt NON -SLIP ALS PER STANDAPOWF7 %3{T 6 0 m FIRE RpUTE E I RMI 7!Te QONCPAVMIG- REFERTO STANOARC �YLIG>fT IS2�E�S_ FIRE ROUTE TO _ �7 ��_$ �` �� DESIGN REFER SCAPE DRAWINGS FOR REFER iO � �£ . SIGN V IGNAT O .N♦ - } 2 EV CHARGING STATIONS C[VIL UNICIPAL BY{AW ` } N y M CARS CAV POSTED SIGN MD.T 4L +I 1&, UNO8$TRU0TEO FORHYBRIDYENCLES Py, r _ — I wP PATH TO THE FIRE E NlTIT T Ti HYDRANT N147[ DIST. 8jm Figure 2 — Proposed site plan 3 Land Characteristics and Surrounding Uses 3.1 The subject property is located on the southeast corner of Spicer Square and Baseline Road West. The property is a vacant corner lot, approximately 0.46 hectares in size with approximately 56 metres of frontage on Spicer Square and approximately 82 metres of frontage on Baseline Road West. The property is similar in size to other commercial properties in the vicinity. Municipality of Clarington Committee of Adjustment A2020-0012 Page 6 3.2 The surrounding uses include Bowmanville Preston Transport Limited across Baseline Road to the north, Comfort Inn to the south, Tim Hortons to the east and Dairy Queen to the west (Figure 3). Baseline Road West -lra&M Abe— RUM -91009pw, ITL -- Proposed Fictef = _ 2 rL ` �r V AcerSquare F Hyunam' 5 Figure 3 — Surrounding Uses 4 Public Notice and Submissions 4.1 Pursuant to the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within the prescribed distance. 4.2 At the time of writing this report, Staff had not received any public enquires about this application. 5 Departmental Comments 5.1 The Clarington Engineering Services Department has no concerns with this application. 5.2 The Clarington Building Division has no concerns with this application. 5.3 The Clarington Emergency Services Department has no fire safety concerns with this application. Municipality of Clarington Committee of Adjustment A2020-0012 Page 7 6 Discussion Conformity with the intent and purpose of the Zoning B 6.1 The Special Purpose Commercial (C5) Zone requires buildings to have minimum front and exterior side yard setbacks of 15 metres and 10 metres respectively. Above all, the intent and purpose of the Zoning By-law is to implement the policies of the Clarington Official Plan. The setback regulations in the C5 zone are over 35 years old and have not been updated to align with the urban design policies of the Clarington Official Plan. Buildings should be located closer to the street line than is currently prescribed by the Zoning By-law. Buildings that are closer to the street have greater prominence. Through high quality architectural design, buildings should be the foundation of a pleasant streetscape. A comprehensive Zoning By-law review is currently underway in Clarington. A new Zoning By-law will replace the current By-law and will be in conformity with the policies of the Official Plan. It is Staff's opinion that the proposed front and exterior side yard setbacks and the setback from the corner of the building to the edge of the visibility triangle maintain the intent of purpose of the Zoning by-law. 6.2 The proposed hotel is required by the Zoning By-law to have two large loading spaces based on the floor area of a commercial building of this size. Loading spaces provide a dedicated area for the delivery and loading of goods and materials. The frequency of deliveries to a hotel is lower compared to many other commercial uses of similar size. The Zoning By-law also requires that loading spaces be provided abutting the building and within a rear or interior side yard. Given that the hotel will not be receiving deliveries where dock -level service is required, it is acceptable to have the loading space near, but not abutting, the building. Further, while the loading space is provided partially within the exterior side yard setback, it is generally within the rear yard and will be appropriately screened from public view from the street. It is Staff's opinion that a reduction in the number and size of loading spaces, as well as the placement of the loading space not abutting the building and partially within the exterior side yard setback will meet the needs of the hotel and will maintain the intent and purpose of the Zoning By-law. 6.3 The Zoning By-law requires a parking ratio of one space per guestroom. The intent is to ensure that each room has available one parking space for the vehicle by which the guestroom occupants arrived at the hotel. The applicant proposes 78 spaces, which represents a parking space for approximately 92% of the guestrooms. It should be noted that, while the hotel has 85 guestrooms, the By- law allows the applicant to eliminate the requirement for one parking space by providing three indoor bicycle parking spaces, therefore reducing the required number of spaces to 84. To justify the reduction in parking spaces further, the applicant has included a Parking Study with their Traffic Impact Brief. Parking demand surveys were conducted at two nearby proxy hotels to understand typical parking demand rates for hotels in the study area. Parking utilization surveys were conducted on four days at typical peak hotel parking demand Municipality of Clarington Committee of Adjustment A2020-0012 Page 8 periods for each location. The results indicated a peak observed parking demand rate of 0.90 spaces per room for the Comfort Inn & Suites and 0.89 space per room for the Holiday Inn. Hotel occupancy was confirmed by the Comfort Inn to be at full capacity during the survey periods; whereas, it was assumed the Holiday Inn was also at full capacity due to anecdotal conversations with front desk staff at the Comfort Inn. Applying a peak parking rate of 0.90 spaces per room would result in a requirement of 77 parking spaces, whereas a total of 78 parking spaces are being provided. This rate is expected to meet the peak demands periods of the hotel operation. It is Staff's opinion that the proposed number of parking spaces maintain the intent and purpose of the Zoning By-law by accommodating the parking needs of the site. 6.4 The C5 Zone requires a minimum distance of 50 metres between an intersection and the nearest driveway (point of ingress/egress to a property). The intent of this provision is to minimize traffic conflicts as a result of vehicle queuing and turning movements at intersections. The application is seeking a reduction to 43 metres between the intersection of Spicer Square and Baseline Road West and the proposed driveway to the subject site. This portion of Spicer Square has been designed with a centre median that dictates the only possible location along the frontage for a full movement driveway (Figure 4). A full movement access respecting the 50 metre setback from the intersection would not be possible with the current design of the median. The purposed driveway location is consistent with the Dairy Queen property across the road to the west. Given the design limitations and anticipated traffic volumes on Spicer Square, it is Staff's opinion that the proposed driveway distance of 43 metres from the intersection maintains the intent of purpose of the Zoning by-law. This opinion is supported by the Clarington Engineering Services Department who are responsible for traffic movements on Spicer Square and Baseline Road. Municipality of Clarington Committee of Adjustment A2020-0012 Figure 4: Site ingress/egress separation from intersection Page 9 Conformity with the intent and purpose of the Regional andConformity with the intent and purpose of the Regional and Clarington Official PlansOfficial Plans 6.5 Both the Durham Regional and Clarington Official Plans permit a hotel on the property. 6.6 The urban design policies of the Clarington Official Plan require buildings to be sited appropriately close to the street making the building more prominent and contributing to an attractive streetscape. Through high quality architectural design, buildings should be the foundation of a pleasant streetscape. The site plan proposes a building near the street at the corner of Spicer Square and Baseline Road West. 6.7 It is staff's opinion that the application conforms to the intent and purpose of both Official Plans. — AREA WELL E m J + - LINEOP FLOOR ABOVE g PARTIAL'S BASEMENT 9� AFL a * AREA WELL .. ._. -. SWI lL PATTERY TO DELINEATE THE BF PATH�` 0FTRAVELVSEROXFINI3H B.F_SIGN B.F- DEPRESS - RAMP jTVP.`-AS PER C 3.932(311NTNE OEc _ - SEE OETAIL4IA-'107 A' CAN TNSI 3 T.P.pm� 9 � 4 \PAINTED B. F. 3 \\ � �`_ 8YM60LAS PER SE � CITY 6YLAW P { Opening V s FRERCUTE ?° IQ= �R,$,_ FIRE ROME TC �l _ C in median 51GN u " 6 4V° N VNICIPAL NATER iN K� strip _ 2 5 28m ILLU INATED MONUNTENT _ Figure 4: Site ingress/egress separation from intersection Page 9 Conformity with the intent and purpose of the Regional andConformity with the intent and purpose of the Regional and Clarington Official PlansOfficial Plans 6.5 Both the Durham Regional and Clarington Official Plans permit a hotel on the property. 6.6 The urban design policies of the Clarington Official Plan require buildings to be sited appropriately close to the street making the building more prominent and contributing to an attractive streetscape. Through high quality architectural design, buildings should be the foundation of a pleasant streetscape. The site plan proposes a building near the street at the corner of Spicer Square and Baseline Road West. 6.7 It is staff's opinion that the application conforms to the intent and purpose of both Official Plans. Municipality of Clarington Committee of Adjustment A2020-0012 Page 10 Desirable for the appropriate development or use of the land, building or structure 6.8 The proposed development is designed in a way that is most appropriate for the efficient use of land while complying with the policies of both Official Plans and meeting the intent of the Zoning By-law. The proposed hotel is permitted by the Zoning By-law and the policies of the Clarington Official Plan. The proposed setbacks aim to achieve certain urban design objectives as mentioned above, while aligning with existing infrastructure — the median in Spicer Square. A reduction in required parking and loading spaces is desirable so as not to waste land with surplus hard surfaced areas. This is a positive contribution to the overall sustainability of the site. 6.9 For the above -stated reasons, it is staff's opinion that the minor variances requested are desirable for the appropriate development or use of the land or building. Minor in Nature 6.10 This application proposes a development that is forward looking and aligned with the policies of the Clarington Official Plan. There are no negative outcomes perceived by reducing the various setback distances sought. 6.11 The reduced number of parking spaces will not hinder the ability to serve the needs of hotel guests. The peak parking demand has been shown to be 0.9 spaces per room or 77 spaces in the case of this hotel, which is below the proposed number of parking spaces at 78. While parking may be tight at the busiest times, it is projected to be adequate. 6.12 A reduction in the number and size of loading space is negligible given that the use will be a hotel. A hotel is a purpose-built structure and therefore it can be assumed that the proposed loading space will always be adequate to serve the loading needs of a hotel. Other commercial buildings require flexibility to accommodate a range of uses. 6.13 For the above -stated reasons, it is staff's opinion that the proposed variances are minor in nature would be desirable for the neighbourhood. 7 Conclusion 7.1 The proposed hotel location is in keeping with the guidance provided by Municipal staff that the building be located near the street to meet the urban design policies of the Official Plan. Based on Staff's review of the application and agency comments received, the application is considered minor in nature, is considered desirable for the appropriate development and use of the land and Municipality of Clarington Committee of Adjustment A2020-0012 Page 11 maintains the general intent and purpose of the Zoning By-law and the Official Plans. 7.2 Given the above comments, Staff recommends approving this application for a minor variance to permit development on a vacant commercial lot by: x Reducing the minimum required front yard setback from 15 metres to 2.4 metres, x Reducing the minimum required exterior side yard setback from 10 metres to 5 metres, x Reducing the minimum required distance between an intersection and the point of site ingress/egress from 50 metres to 43 metres; x Reducing the loading space requirement from two, 4 metre by 11 metre spaces to one, 3 metre by 7.5 metre space, which may be located partially within the exterior side yard setback and not abutting the building x Reducing the parking space requirement from 84 spaces to 78 spaces, and x Allowing a setback of 0.6 metres from the corner of the building to the property line along the visibility triangle. Submitted by: Cynthia Strike Principal Planner Development Review Branch The following is a list of interested parties to be notified of the Committee's decision: James Hu David Barnard Natalia Garavito