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HomeMy WebLinkAboutPSD-050-06 a� Leading the Way REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, May 8, 2006 Report#: PSD-050-06 File #: COPA 2005-0010 By-law#: and ZBA 2005-0058 ( f Subject: APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW BY BOWMANVILLE CREEK DEVELOPMENTS INC. (TORGAN GROUP) TO PERMIT A WIDER RANGE OF COMMERCIAL USES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-050-06 be received; 2. THAT the application submitted by Bowmanville Creek Developments Inc. be referred back to Staff for further processing and the preparation of a further report following the receipt of all outstanding information and agency comments; and, 3. THAT a copy of Report PSD-050-06 and Council's decision be forwarded to the Regional Municipality of Durham Planning Department; and, 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by &v @/J. Crome, M.C.I.P.,R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer RH*CP*DC*sh*df 2 May 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 REPORT NO.: PSD-050-06 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Bowmanville Creek Developments Inc. (Torgan Group) 1.2 Agent: Alan Hirschfield of UD + D Inc. 1.3 Official Plan Amendment: To permit general retail uses in excess of 929 m2 and one financial institution on the subject lands in addition to permitted highway commercial uses. 1.4 Rezoning: Appropriate to implement the proposed official plan amendment. 1.5 Site Area: 4.4 hectares 2.0 LOCATION 2.1 The subject lands are located at the southeast corner of Waverly Road and Baseline Road in Bowmanville (See Attachment 1). The proposed development area totals 4.4 hectares (10.9 acres). The property is located within Part Lot 13, Broken Front Concession, in the former Town of Bowmanville. 3.0 BACKGROUND 3.1 On November 22, 2005, Staff received official plan amendment and rezoning applications from Bowmanville Creek Developments Inc. to permit general retail uses in excess of 929 m2 and one financial institution in addition to permitted highway commercial uses. The proposal encompasses a portion of the Shell Canada lands that will be purchased by the applicant as well as the applicant's lands west of the Spry Avenue right of way south of Baseline Road with the exception of the lands that have been severed for the RONA Home Improvement Centre (See Attachment 1). 3.2 A site plan application (SPA 2003-036) has also been submitted for consideration, for which approval is imminent. Potential tenants would occupy the large building shown on the site plan. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The property is currently vacant and has a gradual slope towards the Bowmanville Creek. Site servicing work is currently underway. 4.2 Surrounding Uses: East: Open space lands associated with the Bowmanville Creek North: Urban residential and open space lands West: Shell Gas Station and Bowmanville Auto Mall South: Highway 401 REPORT NO.: PSD-050-06 PAGE 3 5.0 PROVINCIAL POLICY STATEMENT 5.1 The proposed development application is within the Bowmanville settlement area and proposes to provide a nominal increase in the range of large format retail uses for the site. The existing highway commercial designation permits commercial uses that serve area residents and the traveling public. Provincial Policy states that there shall be an appropriate mix and range of serviced commercial lands available to meet the long-term needs of the community. 5.2 The Provincial Policy Statement supports long-term economic prosperity by maintaining, or where possible, enhancing the viability of downtowns and main streets. Planning decisions on commercial matters must consider possible impacts of proposals on downtown areas to ensure that the size, amount, and range of uses does not negatively affect downtowns. 6.0 OFFICIAL PLAN POLICIES 6.1 The lands are designated "Living Area" in the Durham Region Official Plan. Special purpose commercial uses are permitted in this designation. 6.2 The Clarington Official Plan designates the subject lands "Highway Commercial Area". Lands within this designation shall serve the specialized needs of residents on an occasional basis with services and facilities, which consume large parcels of land, require exposure to traffic and may require outdoor storage and display of goods. Permitted uses include automotive sales and service, home improvement centres, garden centres and nurseries, restaurants, hotels and similar uses. 6.3 The amendment proposes to increase the range of permitted large format retail uses on the site. Through the Commercial Policy Review, the Municipality revised its policies for the Highway Commercial land use designation, broadening the range of uses that could be permitted on these lands. The proposal would permit large format retail stores over 929 sq.m. and a financial institution with a drive-through facility. 6.4 Amendment 43 to the Clarington Official Plan, as approved by Council on March 1, 2006, allowed for additional large format uses in the Highway Commercial designation but did not allow for banks. Amendment 43 has been appealed to the Ontario Municipal Board, 7.0 ZONING BY-LAW CONFORMITY 7.1 The portions of the property under consideration are zoned "Holding — Special Purpose Commercial ((H)C5) Zone" and "Special Purpose Commercial (C5) Zone", which do not permit the proposed uses. In order to permit the proposed development, a rezoning application was submitted for consideration. REPORT NO.: PSD-050-06 PAGE 4 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 three (3) public meeting notice signs were erected facing Baseline Road, Waverly Road, and Highway 401. No general inquiries or written submissions on the proposal have been received to date. 9.0 AGENCY COMMENTS 9.1 The Clarington Engineering Services Department has no objections to the applications. Their development issues related to road improvements on Baseline Road, entrance construction, site servicing, stormwater management, and grading will be addressed through site plan approval. 9.2 The Durham Regional Planning Department advised that the proposal may be permitted on the subject lands provided that the commercial floorspace for the development is within the context of the Commercial Policy Review and the Amendment #43 to the Clarington Official Plan. This application has been exempted from Regional approval. 9.3 The Durham Regional Public Works Department has no objections to approval of these applications. The site is serviced by municipal sanitary sewer and water supply services from Baseline Road. A right-in access only to the development will be permitted from Waverly Road. 9.4 Central Lake Ontario Conservation supports the official plan amendment and rezoning applications. The Authority's development issues related to stormwater management, filling, and grading will be addressed through site plan approval. 9.5 The Ministry of Transportation similarly offers no objections to these applications. The Ministry's development issues related to stormwater management, development setbacks, entrance location, and signage will be addressed through site plan approval. 10.0 COMMENTS 10.1 Highway Commercial Areas generally consist of larger parcels designed to accommodate larger format types of commercial uses, which typically included home improvement stores, motor vehicles sales and service centres, garden centres, hotels, restaurants, and service stations. Through the Commercial Policy review, the range of permitted land uses for Highway Commercial Areas was expanded somewhat to include large format home furnishing stores and other similar large format retailers. 10.2 With the exception of the building reserved for RONA, the applicant's site plan could only accommodate larger format uses in three possible buildings. The design and position of these buildings could accommodate a maximum of four larger tenants. The applicants are seeking a broader range of general retail uses REPORT NO.: PSD-050-06 PAGE 5 that would permit larger format tenants in home furnishings, apparel and similar lines of merchandise. They are not looking to accommodate either a grocery store or a department store. 10.3 Although the revised Highway Commercial Area policies specifically do not permit banks, the applicant applied to permit a financial institution in the form of a credit union on the subject lands. The Commercial Policy Review identified financial institutions as a key anchor for downtown areas and as such has limited the number of banks in the Bowmanville West Town Centre to two. While the proposed financial institution is a credit union that is currently not represented in Bowmanville or Courtice, Staff will have to further investigate the suitability for a financial institution on the subject lands. 10.4 The applicant has discussed the possibility of revising these applications to reduce the minimum floor space size from 10,000 square feet to 5,000 square feet with Staff. Such an amendment would require additional review to ensure that the reduction in floor space is compatible with the recommendations of the Commercial Policy Review and Amendment #43 as approved by Council. The amended application would also be subject to a further Public Meeting. 11.0 CONCLUSIONS 11.1 As the purpose of this report is to satisfy the requirements for Public Meeting under the Planning Act, and taking into consideration all of the comments received, it is respectfully recommended that this report be referred back to Staff for further processing and the preparation of a subsequent report. Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Official Plan Amendment Interested parties to be notified of Council's decision: Alan Hirschfield, UD+D Inc. Sam Cohen, Torgan Group Joe Cavallo, Shell Canada Products Limited Attachment 1 To Report PSD-050-06 Y a z o can t > E%0 SP,IXE J M SuNlt OPFA SPACE Q Deft SPILL FAIYtY FESDFM'K FAWI.Y MSL X VIC8A6EiWE ROAG WEbT � � � �� Existing I Shell Service Centre Property Subject to Site Plan i J' Application by Rona for a ( K J Home Improvement Centre 1 _ t F_ = = o � W WO AY to 101 ME gNGB rOGNW 1 ® Surplus Shell Lands to be sold to Bowmanville Creek Developments Bowmanville Key Map e FOUND PARK COPA 2005-01 O VE i ROSER CRES. SPRY o CIRCLE PAR DRIVE Clarington Official Plan Amendment CARRUYHERS DR. 4 ROSER CRES• JOHN SCOTT AVE Subject NE ZBA 2005-058 n �� Lands BASELINE ROAD ,VEST Zoning By-law Amendment SPIDER � S FREEWAY Owner: Bowmanville Creek Developments 0 Attachment 2 To Report PSD-050-06 AMENDMENT NO. TO THE CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this amendment is to include an exception to the Highway Commercial policies to permit additional uses within a proposed commercial development. The additional uses would consist of general retail uses, which have a minimum gross floor area of 929 square metres (10,000 square feet) and one financial institution in the form of a credit union. BASIS: The amendment will provide for a larger range of commercial opportunities within a designated commercial location and thereby aiding the economic viability of this prominent location. The policies of this amendment will permit the development of commercial uses on the subject site, which by their nature of being in excess of 929 square metres in size, may restrict from being able to locate in tradition "downtown" locations. ACTUAL AMENDMENT: The Municipality of Clarington Official Plan is hereby amended as follows: 1. By including an exception to Section 23.14 to create Section 23.14.5 as follows: "23.14.5 Notwithstanding Section 10.9.1, general retail uses which have a minimum gross floor area of 929 square metres and a financial institution in the form of a credit union shall also be permitted on lands located east of Waverly Road, south of Baseline Road, west of Spry Avenue and legally described as Part Lot 13, former Town of Bowmanville." IMPLEMENTATION: The provisions set forth in the Clarington Official Plan as amended, regarding the implementation of the Plan shall apply in regard to this amendment. INTERPRETATION: The provisions set forth in the Clarington Official Plan as amended, regarding the interpretation of the Plan shall apply in regard to this amendment.