HomeMy WebLinkAboutPSD-027-15 Cla-H119ton
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Report
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Report To: General Purpose and Administration Committee
Date of Meeting: May 4, 2015
Report Number: PSD-027-15 Resolution Number:
File Number: ZBA 2014-0032 By-law Number:
Report Subject: An Application by Dr. R.J.C.G. Inc.to Rezone Lands at 2021 Green
Road for a Mixed-Use Building
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Recommendations:
1. That Report PSD-027-15 be received;
2. That the Zoning By-law Amendment application submitted by Dr. R.J.C.G. Inc., to permit
the construction of a mixed-use building, be approved as contained in Attachment 4 to
Report PSD-027-15;
3. That a by-law to remove the (H) Holding Symbol be forwarded to Council at such time
that the applicant has created an inter-parcel laneway that allows unrestricted access for
vehicular and pedestrian traffic across the subject property and out to Green Road;
4. That the Durham Regional Planning and Economic Development Department and Municipal
Property Assessment Corporation be forwarded a copy of Report PSD-027-15 and
Council's decision; and
5. That all interested parties listed in Report PSD-027-15 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report PSD-027-15 Page 2
Report Overview
An application submitted by Dr. RJCG proposes a mixed use building at 2021 Green Road.
Although it would be preferable to have a consolidated development with the lands to the
south at 2005 Green Road, the proposed development conforms to the Bowmanville West
Town Centre Secondary Plan and right-in/right-out access can be provided. The rezoning of
the lands is recommended for approval. Future site plan details will be negotiated. The
proposed redevelopment comprises:
• 825 square metres (8,900 square feet) of commercial space on the ground floor; and
• Fourteen apartments on the second and third floors (various sizes).
1 . Application Details
Owner: Dr. R.J.C.G. Inc.
Agent: D.G. Biddle &Associates Inc.
Proposal: To rezone a property, into conformity with the Official Plan, in
order to permit the construction of a three-storey, mixed-use
building.
Area of Site: 3,484 square metres (before road widening)
Location: 2021 Green Road, Bowmanville
Within Build Boundary: Yes
2. Background
2.1. Physical Description
The site is generally flat and has no major vegetation or significant natural features. The
surrounding uses are as follows:
North and East: Clarington Central Secondary School athletics field
South: Single detached dwelling
West: Canadian Tire retail store
Municipality of Clarington
Report PSD-027-15 Page 3
Figure 1: 2021 Green Road (outlined in red)
+4� * con•ary
Canadian
Tire '
_J ect Site
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Stevens Road
2.2. Site History
This property previously contained a single detached dwelling which was demolished in
July 2009. The property has remained vacant since that time. The current owner
acquired the property in December 2011.
2.3. Current Proposal
The property owner has submitted a rezoning application in order to permit the
construction of a 2,400 square metre (26,000 square feet), three-storey, mixed-use
building. The proposed building would be located near the north property line with the
main parking area and driveway located near the south property line (see Attachment 1 to
Report PSD-027-15).
A Phase One Environmental Site Assessment, a Noise Study, an Archaeological Report
and a Planning Rationale Report were all submitted in support of this application.
2.4. Public Meeting
A Public Meeting for this application was held on February 23rd, 2015. While no public
comments were received at that meeting staff did receive public comments both before
and after the Public Meeting. A discussion of the public comments received is contained
in Section 7 of Report PSD-027-15.
Municipality of Clarington
Report PSD-027-15 Page 4
3. Provincial Policy
3.1. The Provincial Policy Statement
The Provincial Policy Statement promotes efficient land use and development patterns
with the intent of creating sustainable communities that are home to people of all ages.
Development is directed to occur within existing settlement areas and to proceed in a
manner which minimizes land consumption and servicing costs. In order to achieve this
objective, opportunities for intensification (redevelopment at a higher density than
previously existed) will be promoted.
3.2. The Growth Plan for the Greater Golden Horseshoe
The policies of the Growth Plan for the Greater Golden Horseshoe (Growth Plan)
promote the creation of compact, complete communities that are transit-supportive and
pedestrian-friendly. Part of the intent of the Growth Plan is to manage growth in a
manner that will optimize existing infrastructure and support a strong economy. The first
priority of growth shall be to seek to intensify within existing built-up areas.
The subject property is located within the Provincially-defined "Built Boundary" for the
Bowmanville Urban Area. The Growth Plan requires that population and employment
growth be directed to built-up areas of the community to optimize existing land supply and
better utilize existing municipal services.
4. Official Plans
4.1. Durham Regional Official Plan
The Durham Regional Official Plan designates all of the subject lands as "Regional
Centre". Regional Centres are intended to serve as the main concentration of
commercial, residential and institutional functions within urban areas. To achieve this
function developments within Regional Centres should include a mix of uses, favour
pedestrian traffic with a prime consideration for built form and urban design. Compact,
higher-density housing is recommended in order to increase the variety of housing stock
available. As a Regional Centre, the Bowmanville West Town Centre is expected to
support a long-term density target of 75 units per gross hectare and be built to
accommodate a floor space index of 2.5. If approved, the proposed development will
contribute towards this density target.
4.2. Clarington Official Plan
The subject land is designated "Town Centre" within the Clarington Official Plan and is a
part of the Bowmanville West Town Centre Secondary Plan (Secondary Plan). The
policies of the Secondary Plan support development which includes a mix of uses,
increased densities and quality urban design.
Municipality of Clarington
Report PSD-027-15 Page 5
Within the Secondary Plan the subject property is designated "Street-Related
Commercial". This designation permits retail and service uses on the ground floor with
residential apartments above the ground floor. The design of buildings and the layout of
properties should promote pedestrian activity into and through the site.
5. Zoning By-law
This site is currently zoned "Agricultural (A)". The Owner is seeking an amendment to the
Zoning By-law to both implement the Secondary Plan designations and to accommodate
the proposed three-storey, mixed-use building.
6. Summary of Background Studies
The Owner's consultant submitted four separate studies in support of this application. A
summary of their conclusions is provided below:
• Phase One Environmental Site Assessment— No evidence of any on-site
contamination.
• Archaeological Assessment— Unlikely that this property possesses any
archaeological resources.
• Environmental Noise Assessment— Noise mitigation to be addressed through Site
Plan approval.
• Planning Justification —This proposal satisfies all relevant Provincial land use
policies and conforms with the Durham Regional Official Plan and the Clarington
Official Plan.
7. Public Submissions
Following the preparation of the Public Meeting report (PSD-013-15) staff received three
inquiries from the public regarding this application.
The first inquiry sought more information about the proposed building and offered no
comments or concerns.
The second inquiry expressed the following concerns:
• Protection of privacy for the residential neighbours;
• Limiting the noise from both the commercial and residential tenants;
• The urban design of the building and site; and
• The impact on neighbouring property values.
The third inquiry from Smart Centres Inc. stated support for the proposed building but
expressed concern about the small size of the commercial units. Specifically, it was
noted that other commercial properties in the area, that were also designated "Street-
Related Commercial", had restrictions on the number and size of their small units.
These concerns will be discussed in Section 10.
Municipality of Clarington
Report PSD-027-15 Page 6
8. Agency Comments
8.1. Regional Municipality of Durham
The Durham Regional Planning and Economic Development Department support the
redevelopment of this property at higher densities than previously existed. They have
confirmed that the proposed development is consistent with the Provincial Policy
Statement and generally conforms with the policies of the Growth Plan for the Greater
Golden Horseshoe.
9. Departmental Comments
9.1. Engineering Services
The Engineering Services Department has no objection, in principle, to the proposed
commercial/residential mixed-use building. However, the proposed entrance, located
near the south side of the property, is considered to be too close to the intersection of
Green Road and Stevens Road. Traffic counts at this intersection are higher than
originally anticipated in traffic impact studies for the Brookhill neighbourhood. It is
anticipated that traffic will increase further once the Green Road grade separation project
is completed (which was not in the forecast at the time of the preparation of the traffic
impact study). Engineering staff will continue to monitor this intersection, and it is
anticipated that improvements will be warranted in the foreseeable future. Improvements
may include a median on Green Road to control left turn movements. The median would
cross in front of the subject land's entrance if it is located at the south side of the
property. For this reason, the proponent can either install a right-in-right-out access at
the south entrance or locate the entrance near the north side of the property.
Other comments were provided with respect to any future site plan.
9.2. Emergency and Fire Services
The Emergency and Fire Services Department has no objection, in principle, to the
proposed commercial/residential mixed-use building.
9.3. Finance Department
The Finance Department has confirmed that the taxes for this property have been paid
up-to-date.
10. Discussion
10.1.Site Context
The subject lands and the residential lot to the south were residual parcels not included in
the acquisition of the lands for the Clarington Central High School. In preparing the
Bowmanville West Town Centre Secondary Plan, it was recognized that the two large
rural lots would eventually redevelopment as part of the Town Centre. The lands were
designated "Street-Related Commercial". It was anticipated that these parcels would
Municipality of Clarington
Report PSD-027-15 Page 7
redevelop as a consolidated block. The partial redevelopment of only one lot at this time
causes some difficulty in terms of site design, entrances, and impacts on the remaining
residential parcel as long as it continues for this purpose. The subject parcel can be
efficiently designed as a three-storey mixed-use building which helps to fulfill the vision
for the area. The remaining lot to the south, given its long and narrow configuration, is
not an efficient development site.
10.2. Entrance Location
The Engineering Services Department has stated their concern that the proposed
entrance location, near the south side of the property, may be too close to future
improvements that may be made to the Green Road and Stevens Road intersection.
Their recommendation is to re-orientate the plan so that the driveway entrance is located
near the north side of the property or to have a right-in/right-out only entrance.
The owner has stated his objection to relocating the entrance for two reasons:
• Flipping the site plan will mean that the commercial tenants on the ground floor will
now be facing north instead of south. This will reduce their visibility from the traffic
along Highway 2, Stevens Road and north bound on Green Road; and
• Placing the building near the south property line will reduce the overall
redevelopment potential for the northeast corner of Green Road and Stevens Road.
In addition to the owner's objections, Planning Staff would also note that placing the
proposed building near the south property line will result in a greater impact on the
adjacent residential neighbour to the south.
Redevelopment of the property to the south will be further inhibited if the proposed
building is located near the south property line. That layout will force the proposed and
future buildings much closer together and will reduce the opportunity for joint parking
arrangements between the two properties.
Engineering Services is prepared to permit a right-in/right-out entrance for the proposed
site layout. This will make it inconvenient for shoppers and residential tenants until the
southerly parcel is redeveloped to provide an additional entrance from Stevens Road
through the site plan process.
10.3.Commercial Unit Sizes
The drawings submitted for this application identify seven commercial units on the ground
floor. With a gross floor area of 825 square metres (8,880 square feet) that would mean
that the average size of the commercial units will be 117 square metres (1,265 square
feet).
Other properties designated "Street-Related Commercial" and located along Highway 2
have limits on the number of small floor space units (having a total floor area between
100 square metres and 300 square metres). The reason for limiting the number of small
floor space units within the big box centres along Highway 2 was to avoid drawing
existing businesses away from Bowmanville's heritage downtown or deterring new
Municipality of Clarington
Report PSD-027-15 Page 8
businesses from setting-up in the downtown. This policy came out of the Commercial
Policy Review of 2005, which is now 10 years ago. Given that the Bowmanville West
Town Centre has not built out to date, it is time to reconsider this restriction.
The commercial units proposed at this location will serve the general retail needs of the
community as well as the convenience needs of the Brookhill neighbourhood. It is not
expected that the commercial floor spaces created here will have a negative impact on
the Downtown. Therefore, staff are satisfied that a minimum unit size requirement is not
necessary.
However, since this will be a mixed-use development, containing both commercial and
residential tenants, staff believe that it is reasonable to require that a minimum number of
commercial units occupy the ground floor of the building. This way the ground floor will
function like other successful mixed-use developments which include a range of retail and
services and not just a single commercial tenant.
10.4. Urban Design and Streetscape
The resident to the south wanted to ensure that any development of the site would
incorporate the same high quality urban design elements as the new development on
Highway 2. Street-Related Commercial areas are intended to provide small scale,
pedestrian-oriented retail and personal service uses. Buildings in these areas should be
designed to contribute to an active street life by offering direct connections to the building
from the public sidewalks and by incorporating glazing and entrances which face the
street.
The proposed building has already been designed to incorporate many of the urban
design requirements included in the Secondary Plan. Through the Site Plan review
process staff will continue to work with the Owner to include all of the urban design
requirements set-out in the Secondary Plan. This will include:
• High quality building materials;
• Screening of parking areas; and
• The inclusion of well-designed amenity spaces;
10.5. Noise and Disturbance
The land uses considered for this site are in keeping with those permitted within the
"Street-Related Commercial" designation. However, there are concerns about the noise
and disturbance that might be generated if a pub was a tenant within the proposed
building. The noise and disturbance from a pub has the potential to impact the residential
neighbour to the south as well as the residential tenants on the second and third floor of
the proposed building. Therefore, the proposed zoning by-law includes provisions such
that:
Municipality of Clarington
Report PSD-027-15 Page 9
• A Tavern (bar) will not be permitted; and
• A licensed restaurant will not be permitted to operate an outdoor patio anywhere on
the property.
A Noise Assessment was already completed to evaluate the impact of outside noise on
the second and third floor apartments proposed to be constructed. During the review of
the future Site Plan application, a second Noise Assessment will be required to evaluate
the noise that may be generated on-site by the operational requirements of the proposed
building (i.e. HVAC units). If noise levels are higher than those permitted by the Ministry
of the Environment, the owner will be required to mitigate any noise impacts that may be
experienced by the residential neighbours.
The property owner to the south also raised concerns about privacy given the three
storey building. The Zoning By-law incorporates a 10 metre setback for the structure but
there will be a further loss in privacy.
The residential property to the south has experienced considerable change over the last
few years. Major commercial development has occurred around the site. A new
residential neighbourhood, which will include higher density uses, is underway to the
north. The Municipality constructed Stevens Road along the south boundary of the lot to
convey traffic the considerable increase of traffic resulting from this development. With
this new project, incremental impacts will be felt. The lands are no longer in the country
but in the middle of the major commercial centre for the Municipality. At some point in the
future, it too will redevelop in accordance with the Street-Related Commercial Area
policies. While some of the impacts of this proposed development on the residence can
be mitigated, it is not possible to mitigate everything.
10.6.Waste Management
Another concern that was shared was how waste will be managed on-site. All waste
generated by the commercial and residential tenants will be stored within a refuse room
located in the southeast corner of the building. The refuse room will be sized to provide
accommodation for all three streams of waste: garbage, recyclables and food waste. The
Owner will also be required to provide outdoor garbage and recycling receptacles to
account for the refuse generated by customers who visit the site.
10.7.Other Concerns
It is not possible for the Municipality to anticipate possible changes in neighbouring
property values as a result of the proposed zoning change. However, there is no
evidence that commercial or mixed use redevelopment has any impact on property
values. It should be noted that the subject property has been designated for street-related
commercial uses in the Clarington Official Plan since 2006.
Municipality of Clarington
Report PSD-027-15 Page 10
11 . Concurrence - Not Applicable
12. Conclusion
In consideration of all agency, staff and public comments, it is respectfully recommended
that the applications to permit the construction of a mixed-use building be approved as
originally proposed.
13. Strategic Plan Application
Not applicable.
Submitted by: Reviewed:
David J. trome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
Staff Contact: Paul Wirch, Planner II, 905-623-3379, extension 2418 or pwirch(-,clarington.net
Attachments:
Attachment 1 —Applicant's Proposed Site Layout
Attachment 2 — Implication of Northerly Entrance on Site Layout
Attachment 3 — Property Location Map
Attachment 4 — Proposed Zoning By-law Amendment
The following is a list of the interested parties to be notified of Council's decision:
Dr. R.J.C.G. Inc.
Michael Fry
John Bouma
Doug & Denise Wilkins
SmartCentres c/o Nikolas Papapetrou
COS/PW/df
Attachment 1 to
Municipality of Clarington Report PSD-027-15
Applicant's Proposed Site Layout
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Municipality of Clarington Report PSD-027-15
Implications of Northerly Entrance on Site Layout
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Attachment 3 to
Municipality of Clarington Report PSD-027-15
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Attachment 4 to
Municipality of Clarington Report PSD-027-15
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Corporation of the Municipality of Clarington
By-law 2015-
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being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the Municipality of Clarington
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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
2014-0032;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. "Section 22B. STREET-RELATED COMMERCIAL(C9)ZONE is hereby amended by
adding thereto,the following new Special Exception zone 22B.4.5 as follows:
22B.4.5 STREET-RELATED COMMERCIAL EXCEPTION (C9-5)ZONE
Notwithstanding Section 3.1 j. v., 3.13 a., b., c., 3.22, 22B.1 a. iii., vi, 22B.2 b., 22B.3 a.,
22B.3 b. ii., iii., 2B.3 i, 28.3 j. iii. those lands zoned C9-5 as shown on the Schedules to
this By-law shall be subject to the following uses and regulations:
a. Permitted Non-residential Uses
i) Bakery shop;
ii) Beer, liquor or wine retail outlet;
iii) Business, professional, or administrative office;
iv) Convenience store;
v) Day nursery;
vi) Dry cleaning distribution centre;
vii) Eating establishment;
vii) Eating establishment,take-out;
viii) Financial office;
ix) Laundry;
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x) Medical or dental clinic;
A) Place of worship;
xii) Retail/commercial establishment;
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xiii) School, commercial; j
xiv) Service shop, personal; �
xv) Service shop, light; and
xvi) Veterinary clinic.
b. Regulations
i) Interior Side Yard (minimum)
(a) 3.0 metres and
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(b) 10.0 metres from a lot containing a single detached dwelling.
ii) Canopies may project into any required front,side, or rear yard to a distance
of not more than 1.5 metres, but in no instance shall a required side yard be
reduced to below 0.3 metres.
iii) Floor Space Index(minimum) 0.65
iv) The length of a business establishment street facade (minimum)40%
v) Commercial Floor Space Restriction:
The ground floor shall contain a minimum of three business establishment.
vi) Loading Space (minimum):
1 space measuring 4.0 metres by 9.0 metres and having a vertical clearance
of 5.0 metres.
vii) An outdoor patio is not permitted for a business licensed to serve alcohol.
2. Schedule'3'to By-law 84-63, as amended, is hereby further amended by changing the
zone designation from"Agricultural (A)Zone"to"Holding Street-Related Commercial
Exception ((H)(C9-5))Zone"as illustrated on the attached Schedule'A' hereto.
3. A by-law to remove the Holding Symbol will be forwarded to Council at such time that
the applicant has provided an easement over its property that will facilitate unrestricted
access for vehicular and pedestrian traffic across the subject property to Stevens Road
through 2005 Green Road.
4. Schedule'A' attached hereto shall form part of this By-law.
5. 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 2015
Adrian Foster, Mayor
C.Anne Greentree, Municipal Clerk
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This is Schedule "A" to By-law 2015-
passed this day of , 2015 A.D.
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Adrian Foster,Mayor C.Anne Greentree,Municipal Clerk
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