Loading...
HomeMy WebLinkAboutPDS-002-21Clarington Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: January 11, 2021 Report Number: PDS-002-21 Submitted By: Reviewed By: File Number: Faye Langmaid, Acting Director of Planning and Development Services Andrew C. Allison, CAO ZBA2018-0029 Resolution#: PD-020-21 By-law Number: 2021-006 Report Subject: An application by 2411 Baseline Limited to amend the Zoning By-law to permit the development of a commercial property for a variety of uses at 2411 and 2415 Baseline Road, Bowmanville Recommendations: 1. That Report PDS-002-21 be received; 2. That the application to amend the Zoning By-law submitted by 2411 Baseline Limited be approved and that the Zoning By-law contained in Attachment 1 to Report PDS-002-21 be passed; 3. That a By-law lifting the Holding (H) Symbol be forwarded to Council once Site Plan approval has been granted and including the following items are satisfied: a) Submission and acceptance of the intersection detail design and site entrance design; b) Construction of the access and any associated costs for the construction of the access have been paid; and c) Submission of a Stage One and Two Archaeological Assessment Clearance Letter by the Ministry of Tourism, Culture and Sports, submission of a Phase Two ESA Report and a Reliance Letter and Certificate of Insurance to the Region's satisfaction. 4. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PDS-002-21. 5. That all interested parties listed in Report PDS-002-21 and any delegations be advised of Council's decision by the Department. Municipality of Clarington Report PDS-002-21 Report Overview Page 2 This report recommends the approval of a zoning change to allow a commercial development located at 2411 and 2415 Baseline Road. The proposed zoning change would facilitate a proposal that includes 26 commercial units. Staff will continue to work with the applicant through the site plan approval process to ensure that the comments from agencies and departments and conditions imposed for removing the Holding (H) symbol are addressed. 1. Application Details Owner/Applicant Agent: Proposal: Area: Location: Roll Numbers: Within Built Boundary 2. Background 2411 Baseline Limited D.G. Biddle & Associates Limited To permit a two -storey commercial development comprising: • 3 restaurants, 13 retail units, 10 office units • 133 parking spaces 1.43 ha 2411 and 2415 Baseline Road, Bowmanville 181701002007220 and 181701002007100 Yes 2.1 On November 19, 2018, the Municipality received a Zoning By-law amendment application from 2411 Baseline Limited. The application was deemed complete on November 21, 2018. 2.2 The applicant hosted a Public Information Centre on February 11, 2019 at the Comfort Inn & Suites Hotel in Bowmanville to answer questions and to collect input from the residents. Staff from D.G Biddle & Associates Limited were available to answer questions regarding the application. Municipal staff and a Councillor were in attendance. No members of the public attended the meeting. Municipality of Clarington Report PDS-002-21 Page 3 2.3 The Public Meeting under the Planning Act was held on February 19, 2019. The site plan concept originally submitted with the zoning change application was for 23 commercial units and a day care. 2.4 The applicant revised the site plan concept to address comments from agencies and departments. The revised site plan concept consists of 3 buildings (Figure 1) including: • A one storey restaurant building; • A one storey building for 7 retail units and a restaurant; • A two -storey building for 6 retail units and a take-out restaurant on the first floor and 10 office units on the second floor. 2.5 The following studies were circulated for comments once the applicant provided the outstanding Environmental Impact Study on September 2020: • Planning Justification Report • Update of Traffic Generation for the Proposed Commercial Development Report • Functional Servicing and Storm Water Management Report • Phase One Environmental Site Assessment • Environmental Impact Study 3. Land Characteristics and Surrounding Uses 3.1 The subject site is generally flat, with a gentle slope from Baseline Road south and east. 3.2 The surrounding uses are as follows: North - Baseline Park across Baseline Road and single detached homes. South - Stormwater management pond East - Residential property and Westside Creek. West - Stormwater management pond and the South Bowmanville Recreation Centre Municipality of Clarington Page Report 1 1 18111111 NOW WU ild WIN UM h 1�4Proposed Entra ce on � ••Parking- jrea t Im Propose . Buildings Proposed .• -. Storey Building �s Subject Property Figure 1: The subject site, revised concept site plan and surrounding area 4. ProvincialPolicy Provincial ' • 1 1 4.1 The Provincial '•licy Statement (PPS) identifies settlement areas such as Bowmanville to Municipality of Clarington Report PDS-002-21 Page 5 shall promote the development of vacant or underutilized sites where feasible, considering the availability of existing infrastructure. The PPS encourages municipalities to promote long-term economic prosperity and support opportunities for economic development. 4.2 The proposed commercial development minimizes land consumption and servicing costs by promoting efficient, compact development and land use patterns. 4.3 The proposed commercial development is transit supportive as the development will be located along Baseline Road which is served by Durham Regional Transit providing regular public transit options to downtown Bowmanville as well as transit connections to areas beyond via GO Transit. 4.4 The proposed commercial development will promote energy efficient measures to tackle climate change including solar panels, electric charging stations and permeable parking areas. 4.5 Based on the criteria described above, this development is consistent with the Provincial Policy Statement. Provincial Growth Plan (2019) 4.6 The Provincial Growth Plan directs development to settlement areas and promotes development within the Built Boundary, which the subject site is. 4.7 The Growth Plan encourages the development of underutilized land and efficient use of existing services and infrastructure in built-up areas. The proposed commercial development promotes efficient land use by developing a vacant and underutilized lands where services and infrastructure are available. 4.8 The Growth Plan directs commercial uses to locations that support active transportation and have existing or planned transit. The proposed commercial development provides pedestrian connections within the site and to the existing pedestrian network and transit to facilitate active transportation. 4.9 This proposal conforms to the Provincial Growth Plan. 5. Official Plans Durham Regional Official Plan 5.1 The subject site is located within the "Living Area" designation of the Durham Regional Official Plan. Limited office development and limited retailing of goods and services are permitted in this designation. Municipality of Clarington Report PDS-002-21 Page 6 5.2 The proposed zoning -by law amendment will facilitate the development of various retail and commercial uses adjacent to a designated Type `A' arterial road in the Durham Regional Official Plan, increasing employment opportunities in the Municipality of Clarington, consistent with the policies of the Durham Regional Official Plan. Clarington Official Plan 5.3 The Clarington Official Plan (COP) designates the subject lands as Gateway Commercial Centres and Environmental Protection Area. Gateway Commercial areas are intended to serve the specialized needs of residents and attract visitors to the Municipality. 5.4 The proposed commercial development will be located adjacent to a Community Park (South Bowmanville Recreation Centre) which attracts tourists and visitors to the Municipality. The proposed development will benefit from the direct exposure and adjacency to the South Bowmanville Recreation Centre. The proposed uses would also be appropriate in the context of the surrounding residential neighbourhood and commercial uses located further to the east by bringing employment opportunities that can serve the community locally and beyond. The proposal will merge two properties that will allow for a larger parcel of land. The proposed design proposes commercial units that would provide flexibility to integrate units. 5.5 The Westside Creek, its floodplain and associated natural heritage system are located immediately east of this property. No development is proposed on any of the features. 5.6 The application conforms to the Clarington Official Plan. 6. Zoning By-law 6.1 The subject lands are currently zoned as follows: • 2411 Baseline Road: "Holding - Light Industrial ((H)M1) Zone" and "Environmental Protection (EP) Zone" • 2415 Baseline Road: "Environmental Protection (EP) Zone" 6.2 The proposed commercial development is located in an area with Gateway Commercial Centre and Environmental Protection Area Designations in the Official Plan. The zoning change will allow staff to bring the zoning by-law into conformity with the Official Plan. By changing the existing zoning "Holding - Light Industrial ((H)M1) Zone" exception to a Special Purpose Commercial (C5) Zone the commercial development would provide a variety of uses consistent with the policies of the Official Plan. The existing "Environmental Protection (EP) Zone" limit would also be refined as per recommendations of the Environmental Impact Study submitted with the application. Municipality of Clarington Page 7 Report PDS-002-21 7. Summary of Background Studies The following are studies submitted in support of the application: Planning Justification Report 7.1 The Planning Justification report reviewed the land uses proposed against Provincial, Regional and Municipal planning policy and concluded that the proposed commercial development is appropriate for the site and neighbourhood from a planning perspective. The report stated that the proposed commercial development will provide a mix of uses to serve the current needs of the community. The report indicated that the proposed commercial development is located within the existing built-up area and promotes efficient development and land use patterns by minimizing land consumption and servicing costs. 7.2 This proposal will result in an appropriate form of development that will be compatible and complementary to nearby recreational and residential uses and supports both active and public transportation with a bus stop and bike lanes located on Baseline Road. 7.3 The report requests that the zoning by-law amendment allow for the proposed office use, as well as a full spectrum of commercial retail uses and to update the Environmental Protection (EP) Zone limits. Traffic Report — Update 7.4 An update to the Traffic Report was required as the concept was revised, and more recent traffic counts were provided by the Municipality. The traffic signal analysis states that traffic signals are not warranted at Baseline Road/West Side Drive at this time. However, eventual signalization of the intersection maybe warranted when the entrance driveway is constructed at the Baseline RoadMest Side Drive intersection in concert with the South Bowmanville Recreation Centre expansion. Functional Servicing Report 7.5 The Functional Servicing Report identifies that the site can be serviced from the sanitary sewer and watermain on Baseline Road. It also included the following recommendations: • On -site storm sewers to be sized as per Clarington standards. The proposed stormwater quantity control requires that post -development peak flow does not exceed pre -development peak flows and that stormwater quality controls are to be provided. . Temporary sediment controls during construction will be managed with good engineering practices. Municipality of Clarington Report PDS-002-21 Phase One Environmental Site Assessment Report Page 8 7.6 The Phase One Environmental Site Assessment ("ESA") was undertaken to assess the likelihood of environmental contamination originating from the site and neighbouring properties. The site is made up of two properties. 2411 Baseline Road West which is vacant and formerly used for agricultural purposes. 2415 Baseline Road West is a residential property. 7.7 In a previous ESA document, a potential contaminating activity was identified within the study area that may contribute to an area of `potential concern' on the site. The historic report investigated the area of potential concern, impacts were not identified, and the completion of a Phase Two ESA was not recommended. However, the Region of Durham is requesting a Phase Two. 7.8 The current Phase One ESA report advised that based on the age of the building (circa1970) a building materials survey is required prior to demolition. Environmental Impact Study 7.9 The Environmental Impact Study ("EIS") states that there will be no net loss of provincially significant natural heritage features (e.g., wetlands or fish habitat) or net negative impacts on the functions of identified natural heritage features (e.g., water quality) as a result of construction. This outcome of the study requires that the recommendations outlined in the study to address potential impacts to natural heritage features and/or their functions during the site preparation, construction and post -construction period are followed. Additional dialogue with the Municipality of Clarington and CLOCA will need to occur so that appropriate permitting processes are followed. 8. Public Submissions 8.1 Two residents contacted staff regarding this application requesting information: Before the public meeting one resident inquired about the possibility of traffic lights at the Baseline Road and West Side Drive intersection if this project is built. The Traffic Report Update states that based on the analysis, the traffic signals are not warranted at Baseline Road/West Side Drive Intersection under 2019 existing, 2025 background and 2025 total conditions. This will be further reviewed with the entrance design submission through the site plan review process. 8.2 After the public meeting one resident was looking for information on the proposed uses and availability of commercial space. Municipality of Clarington Report PDS-002-21 9. Agency Comments Regional Municipality of Durham Page 9 9.1 The Durham Planning Department is satisfied that the proposed use is consistent with Provincial planning policies and conforms to the Durham Regional Official Plan. 9.2 The Durham Planning Department has reviewed the Phase One Environmental Site Assessment (ESA) report however disagrees with the recommendation that a Phase Two ESA is not required. The Region requires that the Phase Two ESA be undertaken and that the report be provided to the Region. Once the Region is satisfied with its contents, a Reliance Letter and Certificate of Insurance are required to be prepared, to the Region's satisfaction. 9.3 The Durham Planning Department reviewed the Stage One and Two Archaeological Report, which states that no further site assessment is required. 9.4 The Region generally has no concerns with the proposed rezoning of the subject site. They have requested that a copy of the Stage One and Two Archaeological Assessment, Clearance Letter by the Ministry of Tourism, Culture and Sports, a Phase Two ESA report and a Reliance Letter and Certificate of Insurance be provided to the Region's satisfaction and this occur prior to the (H) Holding provision being lifted. 9.5 The Regional Works Department supports the zoning change however has servicing and transportation comments that will need to be addressed as part of the subsequent site plan submission. The Regional Works Department staff found the traffic report update to be acceptable. Central Lake Ontario Conservation Authority (CLOCA) 9.6 CLOCA staff does not object to the proposed zoning change. CLOCA staff are satisfied that all lands affected by natural hazards and natural heritage features have been included in the proposed EP zone. CLOCA requested that the lands zoned EP be dedicated to the Municipality of Clarington. Comments regarding planting requirements will be required through the site plan process. 10. Departmental Comments Public Works Department 10.1 The Public Works Infrastructure Division and Operations Division have no objection to the proposed zoning change subject to the following comments: Municipality of Clarington Page 10 Report PDS-002-21 10.2 The applicant provided a site plan concept with an access entrance to the site that aligns with West Side Drive to mitigate vehicle conflicts from multiple accesses. Coordinating with the South Bowmanville Recreation Centre expansion, a design for a combined entrance would facilitate the commercial development and allow cost sharing. The Municipality will create a municipal Right of Way (ROW) as an extension of West Side Drive south of Baseline Road. This will provide access for the applicant and will not require access easements. 10.3 If the applicant wants to move forward with the site plan ahead of the facility expansion, the applicant will be responsible for the construction of the above noted access and any associated costs. An example of associated costs would be legal costs, and the construction cost to relocate the Ontario Power Generation (OPG) emergency siren. If the applicant decides to wait for the facility expansion, the applicant will be responsible for only a portion of the cost of the entrance with the value to be determined at that time. 10.4 Other additional comments will be required to be addressed through the site plan process including the need for a traffic management plan, a detailed entrance design, and revisions to servicing, grading, and sidewalk plans and reports. Clarington Emergency and Fire Services Department 10.5 The Emergency and Fire Services Department has no objection to the proposed zoning change to allow a commercial development and have provided comments that can be implemented at the site plan approval stage. Planning and Development Services — Building Division 10.6 The Planning and Development Services — Building Division has no objection to the proposed zoning change. 11. Discussion Proposed Commercial Development 11.1 The proposal represents a form of development encouraged by Provincial, Regional and Municipal policies. It will add 4,147 square metres of commercial floor space in Bowmanville, increasing job opportunities for the community and spurring additional economic development. 11.2 Figure 2 illustrates the site plan concept for the commercial development. Buildings A and B are located near Baseline Road while building C is located on the southeast part of the site. The buildings partially screen the parking areas. The proposed development will be connected to the sidewalk of Baseline Road. The supporting documents provided with the Municipality of Clarington Report PDS-002-21 Page 11 application suggest that the proposed development will also include solar panels to reduce electricity demand from outside sources to serve this site. Building C Figure 2: Proposed development looking southeast from Baseline Road Access to the Site 11.3 The subject site is located just east of the West Side Drive and Baseline Road intersection, and as such access to the site would be restricted. Staff recommend the entrance to the site be aligned with the intersection to provide full access. 11.4 To provide full access to the site, the Municipality has worked with the applicant to combine the site entrance with a future expansion of the existing South Bowmanville Recreation Centre. (Figure 3). The design of the entrance may have an impact on the overall site design as the detailed drawing will be provided through the site plan process. For this reason, the Public Works Infrastructure Division is recommending that the submission (and acceptance) of the intersection detail design and site entrance design drawing be addressed through the holding symbol (H).condition Municipality of Clarington Report PDS-002-21 Page 12 Figure 3: Proposed joint access to the subject site and the future entrance to the South Bowmanville Recreation Centre Environmental Protection 11.5 Environmental Protection Areas are recognized as the most significant components of the Municipality's natural environment. The eastern part of the property is designated EP. The West Side Creek, its valleyland and flood plain, and a wetland have been identified on the east part of the site. 11.6 The Environmental Impact Study determined the limit of the land to be zoned EP, which will include the above noted features as well as appropriate setbacks. The recommended EP zone limit is consistent with policies of the Official Plan and CLOCA requirements. The proposed development is consistent with the Report recommendations as all development has been proposed outside the proposed EP zone area. Municipality of Clarington Report PDS-002-21 Zoning Change Page 13 11.7 The proposed zoning by-law would place the subject lands in a site -specific Special Purpose Commercial (C5) Zone and "Environmental Protection (EP) Zone". The zoning change to a Special Purpose Commercial (C5) Zone exception will allow for a mix of retail, restaurant and office uses, and a range of commercial uses consistent with the policies of the Official Plan. The proposed zone will require both minimum and/or maximum yard setbacks for the buildings to maintain an appropriate distance between the buildings, the roads and adjacent properties. The proposed zoning change will also allow for the refinement of the existing "Environmental Protection (EP) Zone" (attachment 1). Concerns regarding the sensitive use (daycare) proposed originally 11.8 The applicant's original proposal included a day care. A day care is considered to be a sensitive land use and new sensitive uses are not permitted within a three kilometre radius of a nuclear facility. Ontario Power Generation (OPG) and the Canadian Nuclear Safety Commission (CNSC) provided comments regarding the proposed development stating that they have no specific concerns with permitting commercial uses on the subject property, with the exception of the proposed day care use. Since then the applicant has revised the proposal and removed the day care use from the proposal. Urban Design and Sustainability 11.9 The applicant has made several changes to the concept plan since the original submission based on the comments from Staff that will need further refinement through the site plan process. • Proposed Buildings A and B are located near Baseline Road which is consistent with the urban design policies of the Official Plan. The location of Building A at the intersection of Baseline Road and future expansion of West Side Drive would add interest to the intersection while screening the parking area. Both Building A and Building B provide patios that would contribute to animating the street. • The proposed building elevations provide canopies that emphasize the windows and doors and enhance the pedestrian environment. • The site plan concept and rendering suggest that the development will provide green building design and green infrastructure features including solar panels to minimize the consumption of energy from the grid, electric charging stations, permeable parking areas that contribute to mitigate the heat island effect of development. Municipality of Clarington Page 14 Report PDS-002-21 11.10 The proposed development has been designed to provided safe, well-defined pedestrian walkways that connect to Baseline Road. The site design will make it easy for pedestrians and cyclists to access the sidewalk, road and transit network available near the site. Consideration and need for a marked crosswalk connecting the development to the sidewalk, trail network and bus stop design will be required with the detailed design of the intersection of West Side Drive and Baseline Road through the site plan process. Conditions to be Satisfied Prior to Removing (H) Holding Symbol 11.11 Staff recommend that the zoning by-law amendment be approved with conditions. Staff is satisfied with adding site specific conditions to be satisfied prior to removing the (H) Holding symbol. This is an appropriate planning tool for the development of the lands that will allow the principle of development to be approved. The Official Plan has provisions for applying and removing the Holding Symbol pursuant to the Planning Act. 11.12 The recommended conditions would be in addition to the standard conditions for removing the (H) Holding symbol such as entering into a site plan agreement and satisfying all financial obligations, the follow conditions must be also satisfied, through site plan agreement, prior to the lifting of the holding provision: a) Submission and acceptance of the intersection detail design and site entrance design; b) Construction of the access and any associated costs for the construction of the access have been paid; and c) Submission of a Stage One and Two Archaeological Assessment Clearance Letter by the Ministry of Tourism, Culture and Sports, submission of a Phase Two ESA report and a Reliance Letter and Certificate of Insurance to the Region's satisfaction. 11.13 The applicant is agreeable that the Zoning By-law Amendment include a (H) Holding symbol pending the future approval of a site plan application. Site Plan Process 11.14 The applicant has been notified of comments from agencies and departments that will need be addressed as part of the site plan process. Staff will work with the applicant through the site plan review process to address detailed urban design and sustainable design, final site and building design, landscaping, green infrastructure features and signage. 12. Concurrence Not Applicable. Municipality of Clarington Report PDS-002-21 13. Conclusion Page 15 In consideration of all agency, staff and public comments, it is respectfully recommended that the zoning change to allow the commercial development be approved. Staff Contact: Ruth Porras, Senior Planner / Urban Designer, 905-623-3379 ext. 2412 or RPorras(a)_clarington.net; Carlos Salazar, Manager of Community Planning and Design, 2409 or csalazar a( clarington.net. Attachment: Attachment 1 - Draft Zoning By -Law List of interested parties to be notified of Council's decision is on file in the Planning and Development Services Department. Attachment 1 to Report PDS-002-21 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The Corporation of the Municipality of Clarington By-law 2019-XXX Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 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 2018-0029 to permit the development of a commercial property for a variety of uses; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: Section 20.4. "Special Exceptions — Special Purposed Commercial (C5) Zone" is hereby amended by introducing a new Sub -section 20.4.17 as follows: " 20.4.17. Special Purpose Commercial Exception ((H)C5-17) Zone" Notwithstanding Sections 19.1 b, 19.3.d., e. and f. and 3.12 those lands zoned C5-17 on the Schedules to this By-law shall be used subject to the following zone regulations: a. Definitions i) Department Store: Shall mean a retail/commercial establishment organized into a number of individual departments and primarily engaged in the sale to the public a wide variety of commodities, including clothing, hardware, home furnishings and household appliances. b. Non -Residential Uses i) Business, Professional or Administrative Offices; ii) Building supply outlet; iii) Beer, liquor or wine outlet; iv) Eating establishment; v) Eating establishment, take-out; vi) Garden or nursery sales and supply establishment; vii) Laundry; viii) Retail/Commercial Establishment, excluding department stores, supermarkets, and sales of furniture, major appliances and office furniture; 2 91 CI ix) Service shop, personal; x) Service shop, light; xi) Veterinarian clinic; xii) No drive -through facility is permitted for an eating establishment; and xiii) No outdoor storage and display are permitted; C. Loading Spaces i) A permitted use with up to 411 square metres gross commercial floor area requires a loading space of 7.5 metres x 3.0 metres. ii) Two loading spaces of 11 metres x 4.0 metres d. Regulations for Non -Residential Uses i) Front Yard and Exterior Yard (minimum) 3 metres (maximum) 6 metres ii) Interior Side Yard (minimum east side) 10 metres iii) Interior Side Yard (minimum west side) 5 metres Schedule `3' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: Holding - Light Industrial ((H)M1) Zone" to "Special Purpose Commercial Exception ((H)C5-17) Zone"; "Environmental Protection (EP) Zone" to "Special Purpose Commercial Exception ((H)C5-17) Zone"; and "Holding -Light Industrial ((H)M1) Zone" to "Environmental Protection (EP) Zone" as illustrated on the attached Schedule W. Schedule `A' attached hereto shall form part of this By-law. This By-law shall come into effect on the date of the passing, subject to the provisions of Section 34 of the Planning Act. By -Law passed in open session this day of . 2021 Adrian Foster, Mayor June Gallagher, Municipal Clerk This is Schedule "A" to By-law 2021- , passed this day of , 2021 A.D. 0 LO N M N N N N 0 Zoning Change From "(H)MI" To "(H)C5-17" Zoning Change From "EP" To "(H)C5-17" ,N s Zoning Change From "(H)MI" To "EP" 0 Zoning To Remain "EP" Bowmanville • ZBA 2018-0029 • Schedule 3 Adrian Foster, Mayor June Gallagher, Municipal Clerk