HomeMy WebLinkAboutPSD-026-12 Clarington REPORT
PLANNING VI CES DEPART
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: May 28, 2012 Resolution#: By-law#:
Report#: PSD-026-12 File#: ZBA 2012-0006
Subject: TO PERMIT A HAIR SALON AND DAY SPA (PERSONAL SERVICE SHOP)
WITHIN AN EXISTING COMMERCIAL PLAZA
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-026-12 be received;
2. THAT provided there are no significant issues raised at the Public Meeting, the rezoning
application submitted by 1331030 Ontario Inc. be approved and that the proposed
Zoning By-law contained in Attachment 2 to Report PSD-026-12 be passed; and
3. THAT all interested parties listed in Report PSD-026-12 and any delegations be advised
of Council's decision.
Submitted by: Reviewed by:
David . Crome, MCI P, RPP F anl<in Wu,
Director of Planning Services Chief Administrative Officer
PW/COS/df
16 May 2012
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 EMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: PSD-026-12 PAGE 2
1. APPLICATION DETAILS
1.1 Owner/Applicant: 1331030 Ontario Inc.
1.2 Proposal: To permit a personal service shop (hair salon and day spa)
1.3 Area: 0.4 Ha
1.4 Location: 170 Liberty Street South, Bowmanville
2. BACKGROUND
2.1 The subject property is located within the island formed by the interchange of Liberty
Street South and Provincial Highway 401 in the south end of Bowmanville. The
Applicant's property contains an existing 5-unit commercial plaza at the south end of
this site while the property at the north end of this site is occupied by the Howard
Johnson hotel/motel.
2.2 Site Plan approval was granted on April 1993 for the construction of a 789 m2
commercial plaza on the subject property. Building permits were issued for the
construction of the commercial plaza later that year.
Following the construction and occupancy of the commercial plaza the subject site was
severed from the hotel/motel portion of the property in July of 1994. Due to the access
limitations enforced by the Region of Durham, the newly severed lot was required to
utilize the existing access to Liberty Street South located on the hotel/motel property.
An access easement was jointly approved with the severance granting access for the
commercial plaza property to the existing Liberty Street South entrance.
2.3 The existing plaza is currently occupied by five eating establishments (restaurants).
The Owner has stated that they anticipate that two of the tenants will vacate the plaza
shortly providing space for new uses. The Owner believes that the size of the existing
units and the close proximity to competing restaurants within the same plaza makes the
replacement of the outgoing restaurants with new ones unsustainable. Therefore, the
Owner is seeking to expand the list of permitted uses to include a hair salon and day
spa in order to diversify the tenant base.
2.4 On March 16, 2012, 1331030 Ontario Inc. submitted an application to permit a personal
service shop (hair salon and day spa) within the existing plaza on the site.
REPORT NO.: PSD-026-12 PAGE 3
3. LAND CHARACTERISTICS AND SURROUNDING USES
3.1
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This property is readily accessible to vehicular traffic going to and coming from Highway
401 . Liberty Street, a Type `B' Arterial roadway provides local north-south traffic flow
through Bowmanville, while Baseline Road, a Type `A' Arterial roadway, provides one of
the primary means of travel for local east-west traffic through Bowmanville. Pedestrian
access to the property is available from a sidewalk located along Liberty Street South.
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REPORT NO.: PSD-026-12 PAGE 4
3.2 The surrounding uses are as follows:
North - Commercial (Howard Johnson hotel/motel)
South - Highway 401
East - Clarington Tourism/Clarington Board of Trade and low-density
residential
West - Commercial (TSC Store)
4. PROVINCIAL POLICY
4.1 Provincial Policy Statement
The Provincial Policy Statement (PPS) promotes efficient land use patterns while at the
same time avoiding harmful impacts upon both public health and the environment.
The PPS encourages the use of intensification and redevelopment to broaden the
appropriate mix and range of employment uses.
All of these goals are to be achieved within existing settlement areas and in a manner
which minimizes land consumption and servicing costs. The Applicant's proposed
repurposing of the existing commercial plaza, by extending the list of permitted uses to
include a personal service shop, will not place a greater burden on existing Municipal
infrastructure.
This application does not conflict with the Provincial Policy Statement.
4.2 Provincial Growth Plan
The Provincial Growth Plan (Growth Plan) directs new growth to built-up areas where
sufficient capacity exists to accommodate this growth in a compact and efficient form.
One of the Growth Plan's preferred means of achieving that growth is through the
intensification of existing sites, including the introduction of new uses, such as is being
proposed by this application.
One of the Growth Plan's goals is to optimize existing land supply in an effort to better
utilize existing municipal services.
This application does not conflict with the Provincial Growth Plan.
5. OFFICIAL PLANS
5.1 Durham Regional Official Plan
5.1.1 The Durham Regional Official Plan designates the subject lands as "Living Areas".
Limited retailing of goods and services is permitted as components of mixed use
developments provided that the function of Local Centres (known as Neighbourhood
Centres within the Clarington Official Plan) are not adversely affected.
REPORT NO.: PSD-026-12 PAGE 5
5.1.2 The Region of Durham has deemed that this application conforms with the Durham
Regional Official Plan.
5.2 Clarington Official Plan
5.2.1 The Clarington Official Plan designates the subject lands as "Highway Commercial".
The abutting roads (Baseline Road —Type "A" Arterial, Liberty Street South —Type "B"
Arterial) are intended to carry higher volumes of traffic through Bowmanville.
5.2.2 Lands designated as "Highway Commercial" are intended to serve the specialized
needs of residents on an occasional basis. "Highway Commercial" areas are located on
the edge of high-volume transportation corridors and are intended to be patronized
almost exclusively by vehicular traffic due to their physical separation from residential
areas and the absence of day-to-day retail and service uses.
5.2.3 Uses identified as permitted by the Clarington Official Plan include:
• motor vehicle sales and service establishments;
• home improvement centres;
• large format home furnishing stores and other similar large format retailers;
• garden centres and nurseries;
• restaurants;
• motels;
• hotels; and
• service stations.
These uses typically require larger parcels of land to accommodate their business
operations (which may include outdoor storage and display) and provide visibility to high
volumes of traffic. In further clarifying the permitted uses the "Highway Commercial"
policies specifically exclude those uses which may be frequented by residents on a
regular basis such as: department stores, food stores and banks, and which do not
otherwise reinforce the goals of the "Highway Commercial" designation.
5.2.4 Further discussion on the conformance of the Owner's proposed amendment with the
Clarington Official Plan is contained in Section 9 of Report PSD-026-12.
6. ZONING BY-LAW
6.1 Zoning By-law 84-63 zones the subject lands "Special Purpose Commercial Exception
(C5-4)" and "Environmental Protection (EP)".
6.2 The "Environmental Protection (EP)" zone, located along the east side of the site, is the
result of the property's proximity to the floodplain of the Soper Creek. No portion of the
existing building or parking area are within the "EP" portion of the property.
6.3 Up until September, 1984, this property was zoned "Commercial (C)" within the Town of
Bowmanville Zoning By-law No. 1587. The "Commercial (C)" zone was a broad
commercial category which permitted commercial uses that are today associated with
REPORT NO.: PSD-026-12 PAGE 6
the "General Commercial (Cl) Zone" (i.e. restaurant, bank, retail store, office, hotel,
etc.). The "Special Purpose Commercial Exception (C5-4)" zone was created in 1984
as part of the consolidation of Zoning By-laws from Darlington, Bowmanville, Clarke
and Newcastle. The "C54' zone limited commercial uses on this property to:
• an eating establishment;
• an eating establishment take-out;
• a hotel; and
• a motor vehicle fuel bar.
The Applicant is requesting that personal service shop (hair salon and day spa), be
added to the list of currently permitted uses on the property.
6.4 A personal service shop is defined as:
"a building or part of a building in which persons are employed in furnishing
services, conducting limited retailing of goods associated with the service and
otherwise administering to the individual and personal needs of persons, such as
a barber's shop, a ladies hairdressing establishment or other similar services."
In addition to a hair salon and day spa, other uses which would be permitted under the
definition of personal service shop include:
• barber; and
• aesthetician.
The proposed day spa use may include aesthetics, tanning and massages performed
by Registered Massage Therapists. No overnight accommodation would be permitted
under the understanding of day spa.
7. PUBLIC NOTICE AND SUBMISSIONS
7.1 Public notice was given by mail to each landowner within 120 metres of the subject site
and one public meeting notice sign was installed on the property, on the Liberty Street
South road frontage. The public notice was also posted on the Municipal website and in
the Planning Services electronic newsletter.
7.2 At the writing of this report, Staff had received no inquiries regarding this application.
8. AGENCY COMMENTS
8.1 No objections to this application were received from any of the circulated departments
or agencies.
REPORT NO.: PSD-026-12 PAGE 7
8.2 The Finance Department has confirmed that the taxes on the subject property have
been paid up-to-date.
9. STAFF COMMENTS
9.1 The proposed personal service shop (hair salon and day spa) will be contained within
the existing commercial plaza. No changes to the building or the parking area are
envisioned as a result of this proposal other than minor facade improvements to
accommodate new tenants. By adding diversity to the list of permitted land uses for this
property, the Applicant intends to keep the existing plaza fully tenanted and prevent one
or more of the units from being left vacant for a prolonged period of time.
9.2 Area Context
The subject property is located along two arterial roads, a Provincial highway and the
associated on-ramp and off-ramp to that highway. Together with the hotel/motel
development to the north the subject site forms part of a commercial block. This
commercial block is served by a single commercial entrance onto Liberty Street South.
Due to the proximity of the major roadways, and the minimal landscaping around the
perimeter of the site, the area surrounding the existing commercial plaza is subject to a
lot of road noise and is open to the elements.
The existing restaurants within the plaza serve the various needs of industrial park
employees, local residents and hotel/motel visitors to this area. Since the site
possesses sub-par pedestrian connections (the sidewalk is located beside the curb, the
sidewalk does not connect major pedestrian destinations) it is likely that vehicular travel
is the primary mode of transportation for patrons to this site. This travel pattern is
characteristic of typical "Highway Commercial" properties which are intended to serve
customers from a broader, regional catchment area on an occasional basis.
9.3 Conformity with the Official Plan
Personal service shop (hair salon and day spa) is not a use that is typical within the
"Highway Commercial" designation. "Highway Commercial" uses are commonly
identified by the following criteria:
• Requiring large parcels of land for their building and associated parking;
• May require outdoor storage or display of goods and materials; and
• Usually benefit from access to high-volume transportation corridors in order to
attract customers from a larger catchment area.
Personal service shops do not require any of the above criteria in order to operate and
hence are not specifically identified as a "Highway Commercial" use in the Clarington
Official Plan. However, like restaurants, a hair salon and day spa would be supportive
of the adjacent hotel/motel use which is a clearly permitted use within the "Highway
Commercial" designation.
REPORT NO.: PSD-026-12 PAGE 8
The subject property is small by the standards of land area commonly associated with
"Highway Commercial" uses. A 0.4 ha site would not be large enough to accommodate
the main types of"Highway Commercial" use.
Similar to the restaurants which are already permitted on the subject property, personal
service shops are service uses. Given the proximity to Howard Johnson Hotel they
could be a supportive use for the hotel's patrons. While it would not be appropriate for a
full range of commercial uses, it is Staff's opinion that the proposed personal service
shop use is minor in nature and does not impact the planned function of the
designation.
9.4 Commercial Context
The subject site is located over 1,100 metres from the Bowmanville East Town Centre
(Liberty Street and Queen Street) and over 2,100 metres from the closest
Neighbourhood Centre (Waverley Road and Quinn Drive).
Throughout Clarington, and in Bowmanville in particular, personal service shops are
currently permitted to operate in the majority of commercial and residential areas. It is
thereby evident that the nature of personal service shop use is not geographically
sensitive in its own right. Adding zoning permission for the operation of a hair salon and
day spa on the subject property is not expected to hinder the operation of similar uses
elsewhere in the community.
Therefore, it is Staff's opinion that the inclusion of personal service shop (hair salon and
day spa), to the list of permitted uses for this site, would not be in conflict with any other
commercially designated site in Bowmanville.
9.5 Parking & Loading
The site currently offers 44 parking spaces (including one barrier-free parking space)
and 2 loading spaces. It is anticipated that the parking needs of the proposed hair salon
and day spa will not exceed those of the current restaurant uses. In addition, a hair
salon and spa will not require regular or prolonged use of the on-site loading areas.
Therefore, it is Staff's opinion that the replacement of one or more of the existing
restaurants, in favour of a personal service shop, will not inhibit the safe and efficient
operation of traffic on this site.
9.6 In view of the preceding comments, it is Staff's opinion that the subject application is:
• Minor in nature;
• In conformity with the Clarington Official Plan;
• Will not detract from the character and operation of the existing "Highway
Commercial" or surrounding areas; and
• Represents good planning in the best interest of the community and the
Municipality.
REPORT NO.: PSD-026-12 PAGE 9
10. CONCURRENCE — Not Applicable
11. CONCLUSION
11.1 This application proposes to add personal service shop to the list of permitted uses on
the subject property. Provided there are no significant issues raised at the Public
Meeting and based on the comments in this report, it is recommended that the rezoning
application submitted by 1331030 Ontario Inc. be approved, and that the draft Zoning
By-law Amendment, as contained in Attachment 2 to Report PSD-026-12, be passed.
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
Investing in infrastructure
Showcasing our community
Not in conformity with Strategic Plan
Staff Contact: Paul Wirch and Carlo Salazar
Attachments:
Attachment 1 - Key Map
Attachment 2 - Zoning By-law
List of interested parties to be advised of Council's decision:
J.R. Freethy Architect
1331030 Ontario Inc.
Attachment 1
To Report PSD-026-12
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Attachment 2 to PSD-026-12
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 2012-0006;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 20.4.4 SPECIAL PURPOSE COMMERCIAL EXCEPTION (C5-4) ZONE
is hereby amended as follows:
"Section 20.4.4 SPECIAL PURPOSE COMMERCIAL EXCEPTION (C5-4)
Notwithstanding Section 20.1, those lands zoned C5-4 on the Schedules to this
By-law may only be used as an eating establishment, an eating establishment
take-out, a hotel, a personal service shop and a motor vehicle fuel bar. The
placement of buildings and structures shall be subject to the regulations set out
in Section 20.2.
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