HomeMy WebLinkAboutPSD-044-12 C N ® REPORT
PLANNING SERVICES DEPARTMENT
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: October 15, 2012 Resolution#: - 9 ! By-law#: 1
Report#: PSD-044-12 File#: ZBA 2012-0012
Subject: TO EXPAND THE LIST OF COMMERCIAL USES FOR AN EXISTING,
MIXED-USE PLAZA
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-044-12 be received;
2. THAT, provided there are no significant issues raised at the Public Meeting, it is
recommended that the application to amend the Zoning By-law, as submitted by
Prestonvale Heights Limited, be approved, and that the draft Zoning By-law
Amendment, as contained in Attachment 3 to Report PSD-044-12, be passed; and
3. THAT all interested parties listed in Report PSD-044-12 and any delegations be advised
of Council's decision.
Submitted by: Reviewed by:
David J. ome, CIP, RPP Fran Tin Wu,
Director of Planning Services Chief Administrative Officer
PW/COS/df
3 October 2012
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: PSD-044-12 Page 2
1. APPLICATION DETAILS
1.1 Owner/ Applicant:Prestonvale Heights Limited
1.2 Proposal: To expand the list of commercial uses for an existing mixed-use
plaza to include:
• A bank (financial office);
• A dine-in restaurant (eating establishment);
• A commercial school; and
• A veterinary clinic.
1.3 Area: 0.68 ha
1.4 Location: 15 Rosswell Drive, Courtice
2. BACKGROUND
2.1 The existing commercial and residential zoning rights for this property came into effect
as a result of a Zoning By-law amendment which was approved in June of 2007.
Site Plan approval was subsequently granted in the Spring of 2008 for the
construction of a mixed-use (residential and commercial) building.
2.2 Since final construction of the building in 2011, the Applicant has succeeded in
tenanting most, but not all, of the commercial units. It is the Applicant's opinion that
granting permission for a select number of additional uses would allow them to secure
leases with tenants that are not currently permitted to operate on this property. The
Applicant believes that each of the proposed uses would be compatible with the
mixed-use nature of the plaza.
As a result, on July 30th, 2012, Prestonvale Heights Limited submitted an application
to expand the list of commercial uses on the subject property.
3. LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The existing 0.68 ha plaza, is located within the triangle formed by Bloor Street,
Rosswell Drive and Dewell Crescent. The level site contains the existing mixed-use
(commercial and residential) building along with the associated landscaping and
parking areas.
REPORT NO.: PSD-044-12 PAGE 3
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FIGURE 1
Existing building viewed from Bloor Street and Roswell Drive facing southeast
FIGURE 2
Existing building viewed from Dewell Crescent facing northeast
3.2 The uses that surround this property are as follows:
North - Future residential
South - Existing, low-density residential
East - Intersection of Prestonvale Road and Bloor Street
West - Existing, low-density residential
REPORT NO.: PSD-044-12 PAGE 4
4. PROVINCIAL POLICY
4.1 Provincial Policy Statement
The Provincial Policy Statement (PPS) promotes efficient land use and development
patterns while at the same time ensuring that any development avoids 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 four additional commercial uses, will not place an increased burden on
Municipal infrastructure.
This application conforms 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 conforms with the Provincial Growth Plan.
5. OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the subject property "Living Areas".
Living Areas shall be used predominately for housing purposes but may also permit
retail in appropriate locations where they have been identified in the local Official Plan.
This proposal conforms with the Durham Regional Official Plan.
REPORT NO.: PSD-044-12 PAGE 5
5.2 Clarington Official Plan
The Clarington Official Plan designates the subject property "Neighbourhood Centre".
Neighbourhood Centres are to serve as focal points for residential communities and
provide for day to day retail and service needs. The Clarington Official Plan provides
criteria by which appropriate retail and service uses will be determined for
Neighbourhood Centres. These criteria include:
• Appropriate to be located near residential uses;
• Limited in scale; and
• Supportive of mixed-use development.
Section 9 of Report PSD-044-12 includes further discussion of how each of the four
additional land uses proposed by the Applicant meet the criteria set-out in the
Clarington Official Plan.
Since no changes are proposed to the existing building, none of the urban design
policies of the Clarington Official Plan will be impacted by this proposal.
This proposal conforms with the Clarington Official Plan.
6. ZONING BY-LAW
6.1 Zoning By-law 84-63 zones the subject lands "Neighbourhood Commercial Exception
(C2-10)". In addition to the standard permissions granted to all Neighbourhood
Centres, this exception zone includes permission for the operation of a convenience
store. The "C2-10" zone also includes regulations for maximum floor area and
minimum setbacks.
6.2 The Applicant is proposing to amend the "C2-10" zone to include four additional land
uses. An outline of where else in the Municipality the four requested uses are
currently permitted is shown in Attachment 2 to Report PSD-044-12.
7. PUBLIC NOTICE AND SUBMISSIONS
7.1 Public notice was given by mail to each landowner within 120 metres of the subject
site and three public meeting notice signs were installed on the property — one sign
along each 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.
REPORT NO.: PSD-044-12 PAGE 6
8. AGENCY COMMENTS
8.1 The Durham Regional Planning Department have provided no objections to the
proposed land uses.
9. STAFF COMMENTS
9.1 Bank (Financial Office)
While banking has changed in the last several years to offer more and more electronic
services, traditional "brick-and-mortar" retail banks continue to provide regular
services to residents and business owners alike.
Retail banks create no discernible impacts on their surroundings and are often viewed
as anchors to multi-tenant commercial properties.
Though not currently identified as one of the standard, permitted uses in the
"Neighbourhood Commercial (C2)" zones, banks or financial offices have previously
been approved for all existing neighbourhood centres in Bowmanville and at two of the
six neighbourhood centres currently operating in Courtice (Nash Rd and Trulls-Rd. as
well as Courtice Rd. and Highway 2).
Based on the standard hours of operation and the type of services provided, banks
are an appropriate use to be located near residential areas. "Brick-and-mortar" retail
banks are naturally limited in scale to the size of the catchment area they serve. In
addition, it is natural to expect that the customers that visit a local bank as part of their
regular routine may also patronize the other services and merchants within the same
plaza. This makes a bank a welcome addition to the existing, mixed-use
development.
9.2 Dine-in Restaurant (Eating Establishment)
The current zoning regulations on the subject property permit the operation of a take-
out restaurant. The difference between a take-out and a dine-in restaurant is the
amount of seating provided for customers. There is no difference in the type of
kitchen that is permitted or in the type of foods that may be prepared and sold.
Dine-in restaurants are currently permitted at all of the existing neighbourhood centres
in Bowmanville and at three of the six neighbourhood centres currently operating in
Courtice (Nash Rd. and Trulls Rd. as well as Courtice Rd. and Highway 2). In
evaluating experiences taken from Clarington's existing neighbourhood centres, it
appears that the physical location of a restaurant within a plaza often plays the biggest
role in determining the impact that the restaurant will have on the surrounding area.
Restaurants or patios that are orientated to face towards surrounding residential areas
will likely have the greatest chance of impacting those residents.
REPORT NO.: PSD-044-12 PAGE 7
In the case of the subject property, all of the commercial units have a northern
orientation facing Bloor Street, away from the surrounding residential area. None of
the commercial units include a public access from either the southern or western
elevations that directly face the surrounding residential areas. In addition, the primary
parking area for the plaza's commercial customers is located on the north side of the
building and away from the residential areas.
Beyond the neighbouring residential dwellings, this plaza also contains eight
residential apartments on the second floor. The presence of these residential units in
close proximity to the commercial units gives the property owner a vested interest in
maintaining strict control over any possible impacts generated by the commercial
tenants.
Taking into account these conditions, the operation of a dine-in restaurant is an
appropriate use to be located near residential areas. The location and design of the
existing plaza suggests that the restaurant will be limited in scale and supportive of
the existing, mixed-use development.
9.3 Commercial School
Zoning By-law 84-63 defines "Commercial School" as:
"A school conducted for hire or gain, other than a private, public, religious
or philanthropic school, and shall include the studio of a dancing
teacher or a music teacher, an art school, a golf school, a school of
athletics, a business or trade school and any other specialized school
conducted for profit or gain."
For further clarification, a commercial school may include private tutoring
establishments, employment retraining facilities, driving schools and private career
colleges.
A commercial school would not include a private school (K-12), as recognized by the
Ontario Ministry of Education, nor a day nursery (although a day nursery is already
permitted on the subject site).
Commercial schools could operate during the day or evening and weekday or
weekend. Hours of operation would be determined by the type of instruction being
offered and the age of the student. Due to the on-going, personal investment that
students and/or their parents are typically required to make in private instruction it is
expected that patrons of commercial schools would be desirable and supportive of the
existing, mixed-use development.
Based on the orientation of the building and the amount of existing, surplus parking
provided on-site the operation of a commercial school would be limited in scale and an
appropriate use to be located near residential areas.
REPORT NO.: PSD-044-12 PAGE 8
9.4 Veterinarian Clinic
The definition of a veterinarian clinic, currently provided in Zoning By-law 84-63,
permits the treatment of animals and their temporary sheltering during the treatment
period. To promote themselves as a veterinarian clinic these businesses must hold a
current certificate of accreditation with the respective licensing body (The College of
Veterinarians of Ontario).
A natural extension of pet health services would include pet grooming services. The
impacts generated by a pet grooming service would be equal to or less than those
experienced by a veterinarian clinic. Since pet grooming may already occur as an
ancillary and related use to veterinary clinic it is the opinion of the Planning Services
Department that pet groomers may be permitted to operate wherever veterinarian
clinics are permitted.
While the temporary sheltering of animals receiving treatment is a key component of
the services provided by veterinarian clinics, the kennelling or boarding or animals is
not a natural extension of that use. Animals sheltered at veterinarian clinics are either
ill or receiving some form of supervised care. The exercise needs of animals under
veterinary care is minimal and their stay is no longer than necessary. Kennelling and
boarding involves the temporary sheltering of healthy animals who require regular
exercise, usually outdoors. It would not be appropriate to automatically extend
permission for the kennelling and boarding of animals on properties zoned to permit
veterinarian clinics.
Veterinarian clinics are already permitted at all of the existing neighbourhood centres
in Bowmanville and at all but one of existing neighbourhood centres in Courtice
(Prestonvale Road and Highway 2).
The operation of a veterinary clinic will not detract from the residential character of the
area around the subject plaza, would be limited in scale and would be supportive of
the existing, mixed-use development.
9.5 Parking
For commercial plazas the Municipality uses a "shopping centre" ratio to calculate the
parking needs of the site. The "shopping centre" ratio is intended to accommodate a
variety of land uses which create different volumes of traffic at different times of the
day (parking spaces for the residential units were calculated and provided for
separately on this site). The parking spaces that are provided on this property exceed
the minimum "shopping centre" parking space ratio used by the Municipality.
Taking into account the ease of neighbouring residents to walk to the plaza and the
property's location along a Regional transit corridor it is Staff's position that available,
on-site parking will not be overwhelmed by any or all of the current and proposed land
uses.
9.6 The Engineering Services Department has confirmed that they have no objection to
the approval of this application.
REPORT NO.: PSD-044-12 PAGE 9
9.7 The Finance Department has confirmed that the taxes on this property have been paid
up-to-date.
10. CONCURRENCE — Not Applicable
11. CONCLUSION
11.1 Each of the proposed uses, requested by the Applicant, have been found to be:
appropriate to be located near residential uses, limited in scale and supportive of mixed-
use development.
11.2 The purpose of Report PSD-044-12 is to satisfy the requirements for a Public Meeting
under the Planning Act. Provided there are no significant issues raised at the Public
Meeting and based on the comments in this report it is recommended that the
application to amend the Zoning By-law, as submitted by Prestonvale Heights Limited,
be approved, and that the draft Zoning By-law Amendment, as contained in Attachment
3 to Report PSD-044-12, 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, Planner II
Attachments:
Attachment 1 - Key Map
Attachment 2 - Land Use Permissions in Clarington
Attachment 3 - Proposed Zoning By-law Amendment
List of interested parties to be advised of Council's decision:
Prestonvale Heights Limited
Durham Regional Planning
MPAC
Attachment 1
To Report PSD-044-12
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Attachment 2
To Report PSD-044-12
Land Use Permissions in Clarington
Neighbourhood Bank Dine-ins Commercial, Veterinary
Centres Restaur"ant School Clinic
BOWMANVILLE
680 Longworth Yes Yes Yes Yes
(@ Scugog )
570 Longworth Yes Yes Yes Yes
(@ Liberty)
100 Mearns Yes Yes Yes Yes
(@ Concession)
39 Martin Yes Yes Yes Yes
(@ Hartwell)
92 Waverley Yes Yes Yes Yes
- (@ Quinn)
COURTICE'"
1656 Nash Yes Yes Yes Yes
(@ Trulls)
2727 Courtice Yes Yes Yes Yes
(@ Highway 2)
1561 Highway 2 No No No No
(@ Prestonvale)
1500 Highway 2 No No No Yes
(@ Centerfield)
2 Glenabbey No Yes No Yes
(@ Townline)
15 Rosswell No No No No
(@ Bloor)
Attachment 3
To Report PSD-044-12
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 2012-0012;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 17.5.10 "NEIGHBOURHOOD COMMERCIAL EXCEPTION (C2-10)
ZONE" is hereby deleted in its entirety and replaced with the following:
"17.5.10 Notwithstanding Section 17.1 b. those lands zoned C2-10 as shown
on the Schedules to this By-law shall be subject to the following regulations:
a. Permitted Non-Residential Uses
i) Commercial School;
ii) Eating Establishment, Dine-in
iii) Financial Office;
iv) Veterinarian Clinic; and
v) All non-residential uses permitted in 17.1 b.
Notwithstanding Section 17.3 g. and 17.3 c. ii) those lands zoned C2-10 as
shown on the Schedules to this By-law shall be subject to the following
regulations:
b. Regulations for Non-Residential Uses:
i) Total Floor Area (maximum) 1,050 m2
ii) Setback from South Street Line(minimum) 4.0 metres
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 22nd day of October, 2012.
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk