HomeMy WebLinkAboutPSD-010-12 •
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Leading the Way
REPORT
PLANNING SERVICES DEPARTMENT
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: February 27, 2012 Resolution #: m/f - By-law #: /
Report#: PSD-010-12 File #: COPA 2012-0001
and ZBA 2012-0001
Subject: PROPOSED OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS TO
PERMIT A FINANCIAL OFFICE (BANK) WITHIN THE NEIGHBOURHOOD
CENTRE DEVELOPMENT AT 680 LONGWORTH AVENUE, BOMWANVILLE
APPLICANT: 1804603 ONTARIO INC.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-010-12 be received;
2. THAT provided there are no significant issues raised at the Public Meeting,
COPA2012-0001, the Official Plan Amendment submitted by 1804603 Ontario Inc. to
permit a financial office (bank) with a maximum gross floor area of 450m2 at the
neighbourhood centre development located on the northeast corner of Longworth
Avenue and Scugog Street, as contained in Attachment 3 to Report PSD-010-12, be
approved;
3. THAT provided there are no significant issues raised at the Public Meeting, ZBA 2012-
0001 , the zoning by-law amendment submitted by 1804603 Ontario Inc. to permit a
financial office (bank) with a maximum floor area of 450m2 within the C1-56 Zone, as
contained in Attachment 4 to Report PSD-010-12, be approved; and
4. THAT the interested parties listed in Report PSD-010-12 and any delegations be
advised of Council's decision.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830
REPORT NO.: PSD-010-12 PAGE 2
Submitted by: Reviewed by: w ._
Davi J. Crome, MCIP, RPP Franklin Wu,
Direc or of Planning Services Chief Administrative Officer
DJ/COS/df
17 February 2012
REPORT NO.: PSD-010-12 PAGE 3
1. APPLICATION DETAILS
1.1 Applicant: 1804603 Ontario Inc.
1.2 Official Plan: To permit an exception to the maximum size of an individual
business establishment within the multi-tenant building by allowing
a financial office (bank) with a maximum gross floor area of 450m2
at the neighbourhood centre development located on the northeast
corner of Longworth Avenue and Scugog Street.
1.3 Rezoning: To change the zoning regulations in the General Commercial
Exception (C1-56) Zone to permit a financial office (bank)with a
maximum floor area of 450m2.
1.4 Location: 680 Longworth Avenue, located on the north-east corner of
Longworth Avenue and Scugog Street, Bowmanville.
1.5 Site Area: 1.43 Hectare (3.53 Acres)
2. BACKGROUND
2.1 On October 1 st, 2010, the Council approved an Official Plan Amendment to re-
designate the lands on the northeast corner of Longworth Avenue and Scugog Street,
Bowmanville from "Urban Residential with a Medium Density Symbol" to
"Neighbourhood Centre". The amendment also included site specific policies which
limited the number and floor area of buildings on the site and required that certain urban
design criteria be met through the development of the neighbourhood centre.
One of the site specific policies would limit the size of individual business
establishments within the multi-tenant building on the site to a maximum gross floor
area of 250m2 with an exception for eating establishments of which the gross floor area
shall not exceed 350m2.
2.2 On April 1, 2011, the Council approved the associated Zoning By-Law Amendment.
The newly created zoning category "General Commercial Exception (C1-56)" zone
includes the typical list of permitted non-residential uses found in neighbourhood
centres, with the exception of a "Financial Office". The "C1-56" zone also contains
regulations that limit any individual business establishment other than a supermarket or
eating establishment to a maximum floor area of 250m2, consistent with the adopted site
specific Official Plan policy.
2.3 On June 16, 2011, site plan approval was granted for the proposed neighbourhood
centre that included two buildings: a stand alone building for a proposed Fresh-Co
grocery store as the main tenant and a second smaller multi-tenant building. The
applicant indicated that the opening of the Fresh-Co store is planned for Spring 2012.
REPORT NO.: PSD-010-12 PAGE 4
The footprints of the buildings approved through the site plan are shown on Attachment
1.
2.4 In December, 2011 the proponent approached Staff and indicated that they have a
client (RBC) that is interested in establishing a branch within a part of the multi-tenant
building (Building `B') of the new neighbourhood centre development. The applicant
also indicated that no expansion or changes to the approved footprint and elevations of
Building `B' is proposed. The floor plan of the multi-tenant building is contained in
Attachment 2.
2.5 Following a pre-consultation meeting in mid-December 2011, the applicant submitted
Official Plan amendment and rezoning applications to allow a bank in the
neighbourhood centre.
2.6 The applicant also submitted a Planning Rationale Report, prepared by R .G. Richards
& Associates, in support of development application.
3. SITE CHARACTERISTICS AND SURROUNDING LAND USES
3.1 The site is currently being developed as per the approved site plan.
3.2 The site is bounded by two roads. Running along the western edge of the site is
Scugog Street, a Type C Arterial road that among other things serves as a main linkage
between Downtown Bowmanville and the residential areas in the north-western part of
Bowmanville. To the south, the site is bounded by Longworth Avenue, also a Type C
Arterial road that serves as an important east-west link between Regional Road 57 and
the residential neighbourhoods north of the CP rail way line.
Photo 1: Northeastward view of application site (10/2/2012)
Proposed
location of j w
i bank :
n
REPORT NO.: PSD-010-12 PAGE 5
3.3 Surrounding land uses:
North and East: A low density residential neighbourhood consisting of semi-
detached 2 storey residential dwellings (link-homes). The
backyards of these houses face the application site. There is a 1.8
metre privacy fence along the western and central part of the rear
lot boundaries located immediately north of the application site
while a recently constructed noise fence of 2.4 metres separates
the remainder of the residential properties located northeast and
east of the application site.
South: Across Longworth Avenue, vacant lands set aside for medium
density residential purposes. There is an application that
contemplates the development of 120 townhouse units as a private
condominium.
West: Across Scugog Street, single detached dwellings on relatively large
residential lots.
4. PROVINCIAL POLICY
4.1 Provincial Policy Statement (PPS)
The PPS stipulates that land use patterns within settlement areas shall be based on
densities and a mix of land uses which are appropriate, and efficiently use the
infrastructure and public service facilities which are planned and available and avoid the
need for their unjustified and/or uneconomical expansion. The proposal will use an
existing building footprint and does not require any new or expansion of infrastructure.
Staff is satisfied that the development proposal is consistent with the PPS.
4.2 The Growth Plan for the Greater Golden Horseshoe
The designated greenfield area of each upper or single-tier municipality will be planned
to achieve a minimum density target that is not less than 50 residents and jobs
combined per hectare, and this density target will be measured across the entire upper
or single-tier municipality. One of the objectives of this target is to promote the creation
of employment opportunities closer to places of residence, which would reduce live-
work trips and contribute towards the concept of "complete communities".
The Growth Plan encourages cities and towns to develop as complete communities with
a diverse mix of land uses, range of and mix of employment and housing types, high
quality public open space and easy access to local stores and services.
The application for an Official Plan amendment conforms to the Growth Plan.
REPORT NO.: PSD-010-12 PAGE 6
5. OFFICIAL PLANS
5.1 Durham Regional Official Plan (ROP)
5.1.1 The ROP designates the lands "Living Area" which is intended predominantly for
housing purposes. In addition to permitting other uses such as convenience stores,
limited office development and retailing of goods and services subject to certain
conditions, the ROP also permits the designation of Local Centres in living areas which
shall serve the day-to-day needs of the residents of the surrounding neighbourhood.
The proposed bank use would fall within the types of uses permitted at local centres in
accordance with the ROP.
5.2 Clari_ngton Official Plan (COP)
5.2.1 The subject lands are situated in the Knox neighbourhood and the Clarington Official
Plan designates it "Neighbourhood Centre".
5.2.2 Neighbourhood Centres as described by the Official Plan are to serve as focal points for
residential communities and provide for day-to-day retail and service needs. The
Official Plan also specifies that an appropriate range of retail and service uses will be
identified in the zoning by-law in accordance with the following conditions:
• Uses will be appropriate to be located in proximity to adjacent residential areas;
• Uses will be limited in scale;
• Drive-through restaurants will not be permitted; and
• Mixed-use development will be encouraged (e.g. residential /commercial
integrated on the same site).
5.2.3 In addition, the site specific Official Plan exception (policy 23.14.14) stipulates that this
particular neighbourhood centre development shall be developed with:
• a grocery store of a certain maximum size;
• a public square at the intersection of Longworth Avenue and Scugog Street;
• a use that complements and interacts with the public square with access at the
intersection; and,
• a multi-tenant building (building B) for retail, personal service and business,
professional and or administrative offices, with a maximum floor area of 790m2 and
the maximum size of an individual business establishment inside the multi-tenant
building shall not exceed 250m2, with the exception of an eating establishment not
exceeding a gross floor area of 350m2.
6. ZONING BY-LAW
6.1 The property is in the "General Commercial Exception Zone (C1-56)" Zone which does
not permit a financial office (bank) with a maximum gross floor area of 450 m2. In order
REPORT NO.: PSD-010-12 PAGE 7
to permit the proposed bank use and size, a rezoning application was submitted for
consideration.
7. BACKGROUND STUDIES
7.1 The applicant submitted a Planning Rationale Report (prepared by R.G. Richards &
Associates), to provide sufficient information and justification to enable Council to
evaluate the development application.
7.2 The Planning Rationale Report
The Planning Rationale report sets out supporting arguments that can be summarized
under the following points:
• The need is demonstrated by residential growth that continues in northern
Bowmanville. The proposed development would act to serve the day-to-day
service needs of the immediate neighborhood.
The desirability is demonstrated by the following:
o The proposed use's compliance with or conformity to Provincial Policies,
the Regional Official Plan and the Official Plan policies pertaining to
economic development, and creating appropriate range of uses to serve
the day-to- day needs of the residential community;
o The proposed use's compliance with Regional and local official plan
policies pertaining to neighbourhood centres;
o The neighbourhood centre development's convenient location amidst a
new and growing residential community;
o A bank use is highly compatible with residential uses as it is a quiet use
and operates primarily during normal business hours. It does not produce
noxious waste or encourage loitering;
o The proposed scale of the bank is in keeping with the scale of current
banks currently in the market and will not overwhelm the development;
o The proposed use will generate traffic consistent with the uses currently
permitted on the site and no drive-through is proposed in conjunction with
the bank;
o The proposed use will utilize existing infrastructure, will benefit from
existing public transit services and will provide local residents with the
opportunity to walk to the centre, thereby reducing the length of
automobile trips to retail services outside this area;
o Banks are typically permitted and are appropriate in neighbourhood
centres, by referring to the banks within the neighbourhood centres at the
corner of Longworth Avenue and Liberty Street and Mearns and
Concession Road in Bowmanville;
o The establishment of a stable and compatible use as a bank within a
neighbourhood centre helps to ensure long-term viability and functionality;
REPORT NO.: PSD-010-12 PAGE 8
o The only policy that restricts the number of banks to be established in a
specific geographical area of Bowmanville applies to banks inside of the
Bowmanville West Town Centre, which does not apply to this site; and
o The bank branches in the downtown are not to be displaced by this
proposal and this bank branch is intended to serve the needs of the
immediate residential areas and not compromise the traditional downtown.
8. PUBLIC NOTICE AND SUBMISSIONS
8.1 Public notice was given by mail to each property owner within 120 metres of the subject
property and two public meeting notices were installed on the property. A notice and
supporting documents were also posted on the municipal website.
8.2 As of writing this report Staff received no telephone calls or submissions of concern
about this development proposal. Staff did however receive a phone call from a
resident, Noella Tarone, requesting that her support of the proposal be placed on
record.
9. AGENCY COMMENTS
9.1 The Clarington Engineering Services Department understands that there is adequate
on-site parking to accommodate the proposed use and that there will be no changes to
the existing site plan approval. They have no objection to this proposal.
9.2 The Regional Planning Department Provided the Following Comments
The subject lands are designated "Living Areas" in the ROP. Local Centre uses are
permitted within the Living Area designation subject to the inclusion of appropriate
provisions in the area municipal Official Plan. This proposal to add the additional use of
a financial office does not increase the already approved cumulative commercial floor
space area of 3,612m2.
The Official Plan amendment does not have significant Regional or Provincial concerns.
In accordance with Regional By-law 11-2000 the Official Plan amendment application is
exempt from Regional Approval.
The Region determined that the proposed commercial use would serve the surrounding
residential area and would be consistent with the PPS, and that the proposal conforms
to the Growth Plan in that it provides for commercial services, specifically, a financial
office, to the residential properties surrounding the subject lands, and thus contributes
towards providing a mix of land uses and creating a complete community.
REPORT NO.: PSD-010-12 PAGE 9
10. STAFF COMMENTS
10.1 The Provincial Growth Plan, as noted in Section 4.2 and 9.2 of this report, seeks
development of"complete communities" with a diverse mix of land uses —to introduce a
bank use in this location would complement this policy and could potentially reduce trips
to service uses further afield and provide a service within walking distance of many
residents.
10.2 The proposed bank use conforms to the general intent of the Official Plan in that it:
• introduces a use that serves the typical day-to-day service needs of the
residential community; and
• introduces a bank of limited scale that will not overwhelm the development.
10.3 The site specific Official Plan policy discussed in Section 5.2.3 of this report was framed
to ensure the creation of a critical mass and diversity of uses so that this development
could fulfil the function of a Neighbourhood Centre. The grocery store alone could not
be considered a Neighbourhood Centre. Building 'B' has always been intended for uses
that would typically complement the Fresh-Co supermarket use, such as a convenience
store, a dentist, a coffee shop or hairdresser. The limit that was put on the size of
individual stores inside the multi-tenant building did not however contemplate a bank
use, which in most instances exceeds the minimum store size of 250m2.
10.4 Other neighbourhood centres in the community, for example at the corner of Liberty
Street and Longworth Avenue, at the corner of Mearns Avenue and Concession Street
and at the corner of Hartwell Street and Durham Road 57 permit a bank or financial
office. A bank use is an appropriate and compatible use within a neighbourhood centre.
10.5 The applicant has indicated that in their efforts to lease the individual store spaces in
the multi-tenant building (building 'B' shown on the approved Site Plan), they have
secured a tenant space for a Royal Bank branch in the western part of building 'B'
conditional upon obtaining an Official Plan amendment and rezoning approvals.
10.6 The applicant indicates that the proposal does not require any expansion to the building
footprint or elevations of the multi-tenant building, as shown on the approved Site Plan.
No changes to parking provisions or the site layout is required because there is no
expansion to the floor area of building 'B', the parking complement associated with a
bank has already been accounted for in the 181 parking spaces provided on site, and
an associated drive-through facility is not part of the development proposal.
10.7 One consideration in reviewing noted commercial applications in Clarington is the
impact on historic downtowns.
A limitation on the number of banks in the Bowmanville West Town Centre was largely
established to help retain anchor tenants in the Historic Downtown and East Town
REPORT NO.: PSD-010-12 PAGE 10
Centre. However, it does not apply to Neighbourhood Centres or other commercial
areas in Clarington.
The proposed bank at this location (Scugog and Longworth) will represent a new branch
to the inventory of banks in Bowmanville. The prospective tenant believes that current
and future population growth, in the north and west end of Bowmanville, supports the
business case for the establishment of a bank in this area. As a result, the proposed
bank will not directly result in a loss of banking services from downtown Bowmanville.
11. CONCURRENCE — Not Applicable
12. CONCLUSION
It is recommended that provided there are no significant issues raised at the Public
Meeting, ZBA 2012-0001, the Official Plan amendment and zoning by-law amendment
submitted by 1804603 Ontario Inc. to permit a financial office (bank) with a maximum
floor area of 450m2 within the multi-tenant building in the Neighbourhood Centre
development at 680 Longworth Avenue, Bowmanville, be approved.
CONFORMITY WITH STRATEGIC PLAN —
The recommendations contained in this report conform to the general intent of the following
priorities of the Strategic Plan:
X Promoting economic development
Maintaining financial stability
Connecting Clarington
Promoting green initiatives
X Investing in infrastructure
Showcasing our community
Not in conformity with Strategic Plan
Staff Contact: Dean Jacobs, Planner and Carlos Salazar, Manager
Attachments:
Attachment 1 - Key Map
Attachment 2 - Floor Plan for Multi-Tenant Building
Attachment 3 - Official Plan Amendment
Attachment 4 - Zoning By-law Amendment
List of interested parties to be advised of Council's decision is on file with the Planning
Services Department and the Clerks Department.
Attachment 1
To Report PSD-010-12
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Attachment 2
To Report PSD-010-12
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Figure 6— Proposed Floor Plan
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-R.G Richards&Associates
4181 Slade Aew Crescent,Unit 23,Mississauga,ON,LSI.5R2
Telephone:905.823.7897 Fax:905.606.2546 E-mail:info @rgdchards.com
Attachment 3
To Report PSD-010-12
AMENDMENT NO. 84
TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN
PURPOSE: The purpose of this amendment is to permit a financial office
(bank) with a maximum size of 450m2 to occupy the multi-
tenant building within the neighbourhood centre
development on the lands known as 680 Longworth Avenue,
located on the north-east corner of Longworth Avenue and
Scugog Street, Bowmanville.
BASIS: The amendment is based on an Official Plan Amendment
application (COPA 2012-0001) and a Zoning By-law
Amendment application submitted by 1804603 Ontario Inc.
ACTUAL The Municipality of Clarington Official Plan is hereby
AMENDMENT: amended as follows:
1. By adding the following words in italics in under the 4th
bullet in Section 23.14.14 as follows:
• a multi-tenant building for retail, personal service and
business, professional and or administrative offices,
with a minimum gross floor area of 700m2 and a
maximum gross floor area of 790m2. The maximum
size of an individual business establishment shall not
exceed 250m2, with the exception of an eating
establishment of which the gross floor area shall not
exceed 350m2.and a financial office of which the
gross floor area shall not exceed 450m2;....
2. All other applicable policies remain unchanged.
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.
Attachment 4
To Report PSD-010-12
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2012-
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 2012-0001;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section "16.5.56 General Commercial Exception (C1-56)Zone" is hereby
amended by:
a. Adding a new"viii)financial office"to the list of permitted non-residential
uses in sub-section 16.5.56 c. and re-numbering the balance of the uses;
b. Deleting sub-section 16.5.56 d. ii)c)and replacing it with the following:
"c) Financial office (maximum) 450m2; and
"d) Any individual business establishment other than the supermarket,
eating establishment or financial office (maximum) 250m2".
2. 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 PASSED in open session this day of 2012
Adrian Foster, Mayor
Patti L.Barrie, Municipal Clerk