HomeMy WebLinkAboutPSD-023-16 Clarington
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Report
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Report To: Planning and Development Committee
Date of Meeting: March 14, 2016
Report Number: PSD-023-16 Resolution: _. ,
File Number: COPA 2015-0006, ZBA 2015-0026 By-law Number: CA( -U
Report Subject: An Application by Dr. Linda Carter
To Permit Commercial Uses, Including a Veterinary Clinic
Recommendations:
1. That Report PSD-023-16 be received;
2. That Amendment 106 to the Clarington Official Plan be approved in response to an
application submitted by Dr. Linda Carter, to permit commercial uses within an existing
building, as contained in Attachment 1 to Report PSD-023-16;
3. That the Zoning By-law Amendment be approved in response to an application,
submitted by Dr. Linda Carter, to permit commercial uses within an existing building, as
contained in Attachment 2 to Report PSD-023-16;
4. That the Durham Regional Planning and Economic Development Department and Municipal
Property Assessment Corporation be forwarded a copy of Report PSD-023-16 and
Council's decision; and
5. That all interested parties listed in Report PSD-023-16 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report PSD -023-16 Page 2
Report Overview
The existing building at 2323 Durham Highway 2 was constructed in 1996 and operated as a
sales office and decor centre for the past 19 years. The Applicant is proposing to convert the
existing building and parking area for a veterinary clinic and other commercial uses. Based on
the existing asphalt parking area the site is able to provide up to 9 parking spaces, including 1
barrier -free parking space.
It is recommended that the following uses be allowed for this property: Veterinary Clinic,
Bakery, Day Nursery, Dry Cleaning Distribution Centre, Laundromat, Professional Office,
Retail Store, Light Service Shop and Personal Service Shop.
It is recommended that the following uses not be allowed for this property: Medical and Dental
Clinic, Commercial School and Place of Worship.
1. Application Details
1.1 Owner/Applicant
1.2 Agent:
1.3 Proposal
1.4 Area:
1.5 Location
2. Background
Dr. Linda Carter
D.G. Biddle & Associates Ltd.
To permit the following commercial uses within the existing building:
Veterinary Clinic, Bakery, Day Nursery, Dry Cleaning Distribution
Centre, Laundromat, Medical or Dental Clinic, Place of Worship,
Professional Office, Retail Store, Commercial School, Light Service
Shop and Personal Service Shop.
1,050 square metres (0.26 acres)
2323 Durham Highway 2, Bowmanville (formerly 62 Ivory Court)
Roll No. 18-17-01-0020-17548
2.1 Over a number of years in the mid-1990s, Green Martin Holdings Ltd. (Kaitlin) acquired
several parcels of land in west Bowmanville that they planned to develop for residential
homes.
2.2 In July of 1996, a Building Permit was issued to the developer for the construction of a
house on lands that are now a part of the subject property. The Municipality has no
information that would indicate that the house was ever occupied. Shortly after its
Municipality of Clarington
Report PSD -023-16 Page 3
construction the house was used as a sales office for the developer's residential
subdivisions known as Clarington Corners and Aspen Springs.
2.3 No specific conditions or requirements were included in the subdivision agreements
regarding when the sales office would cease operating. Today, the Municipality
incorporates Temporary Use By-laws and Site Plan Control to ensure that sales office do
not remain as permanent structures within subdivisions.
2.4 In September of 1998, another phase of the Clarington Corners subdivision was
approved for development. This phase included the land on which the sales office was
already located. The subdivision was designed with the expectation that the land on
which the sales office was located would be redeveloped for residential use.
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' SGT SUBJECT PROPERTY-
Figure
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Figure 1: The Subject Property
2.5 After this phase of construction, the developer continued to use the sales office for
marketing other residential developments in the area.
2.6 The developer eventually ceased using the existing building as a sales office and sold the
property to Dr. Linda Carter (the Applicant) in 2015.
Municipality of Clarington
Report PSD -023-16 Page 4
2.7 In December, 2015, the Applicant submitted applications to amend the Clarington Official
Plan and Zoning By-law in order to convert the existing building for use as a veterinary
clinic and other commercial uses.
2.8 On February 22, 2016, a Public Meeting was held for these applications. A summary of
the comments received is provided in Section 3 of Report PSD -023-16.
3. Public Submissions
3.1 Four people provided comments on these applications at the Public Meeting on February
22, 2016. All four submissions were supportive of a veterinary clinic operating at this
location. A summary of the four submissions is provided below.
3.2 The first person supported a veterinary clinic but was opposed to other commercial uses.
3.3 The second person supported a veterinary clinic and wanted to ensure that vehicles were
prevented from illegally driving through the property between Durham Highway 2 and
Ivory Court.
3.4 The third person supported a veterinary clinic and asked that pedestrian access be
maintained through the site between Durham Highway 2 and Ivory Court. (This person
had previously contacted Staff prior to the Public Meeting. As a result, his comments
were included in the Public Meeting Report, PSD -016-16).
3.5 The fourth person supported a veterinary clinic, with no comment on any of the other
commercial uses proposed for this property.
4. Agency Comments
Regional Municipality of Durham
The Region of Durham (the Region) has no objections to these applications. The
existing, temporary entrance will be allowed to become a permanent, commercial
entrance with a right-in/right-out only access. The 0.3 metre (1 foot) reserve along the
Durham Highway 2 frontage will need to be lifted. Further comments regarding the
possible modification of the existing entrance will be provided by the Region during the
review of the Site Plan.
5. Departmental Comments
5.1 Engineering Services Department
In their review of these applications, the Engineering Services Department offers the
following comments.
The entrance to this property will continue to be provided from Durham Highway 2. A
commercial entrance to this property will not be permitted from Ivory Court.
Municipality of Clarington
Report PSD -023-16 Page 5
This property is currently serviced with water and sanitary sewers but is not connected to
the existing storm sewers in the area.
Sufficient on-site parking for the size and use of the building is to be confirmed with the
Planning Services Department.
Prior to Site Plan approval for this property, the applicant will be required to satisfy the
Engineering Services Department regarding grading, drainage and stormwater
management. The area of impervious surface is not proposed to be changed. However,
the applicant will be required to correct some minor ponding and install a catch basin on-
site connected to the existing service stub, which leads to the Municipal storm sewer
system.
The Engineering Services Department does not object to the Official Plan Amendment
and the Zoning By-law Amendment.
5.2 Building Division
The Building Division noted that this building was constructed as a model home and a
change of use permit would be required. Commercial development changes would be
applicable; the applicant would receive a credit for the amount of a single detached
home, at the current Development Charge rate.
5.3 Emergency and Fire Services Department
The Emergency and Fire Services Department has no concerns with these applications.
5.4 Finance Department
The Finance Department confirms that the taxes on this property have been paid up-to-
date.
6. Discussion
6.1 The existing building was constructed in 1996 and operated as a sales office and decor
centre for the past 19 years. The Applicant is proposing to convert the existing building
and parking area for a veterinary clinic and other commercial uses. Based on the existing
asphalt parking area the site is able to provide up to 9 parking spaces, including 1 barrier -
free parking space. The following discussion will evaluate the proposed uses in relation
to the existing property and the surrounding neighbourhood.
6.2 Site Layout and Access
The subject property was designed to function as a residential lot within the surrounding
neighbourhood. However, its driveway onto Durham Highway 2 and the northern
orientation of the existing building have meant that this property has always been in the
neighbourhood but not operated as a part of the neighbourhood.
Municipality of Clarington
Report PSD -023-16 Page 6
The Region of Durham is satisfied that the right-in/right-out driveway to this site will
continue to provide safe access to the property from Durham Highway 2. All commercial
traffic, to and from this site, will use the existing driveway on Durham Highway 2. Site
improvements to be made, as part of the Site Plan review process, would prevent
vehicles from illegally accessing Ivory Court through this property.
6.3 Proposed Commercial Uses
The Clarington Official Plan permits limited commercial uses within residential
neighbourhoods where the nature of their activity, scale and design are supportive of,
compatible with and serve residential uses. With the exception of convenience stores,
commercial uses are limited to home occupations (businesses operated out of a limited
portion of the owner's home).
The variety of uses proposed by this application are not commonly found within a
residential area unless they are located within a Neighbourhood Centre. Therefore, an
amendment to the Clarington Official Plan is required.
The Applicant has provided a list of commercial uses that she believes will be appropriate
at this location. Below is the list of proposed, commercial uses along with an evaluation
of their parking impacts and overall suitability.
6.3.1 Recommended Commercial Uses
A veterinary clinic, permits the treatment of animals and their temporary sheltering during
the treatment period. While the temporary sheltering of animals receiving treatment is a
key component of the services provided by veterinary clinics, the independent kennelling
or boarding or animals is not an extension of that use. The Applicant has confirmed that
her clinic will not provide independent kennelling or boarding services.
Unlike the out-patient services provided for human patients at a medical clinic, a
veterinary clinic would also provide surgical procedures on-site. The level of preparation
and supervision required to attend to veterinary patients will contribute to limiting the
number of animals that can be cared for on a daily basis, thereby moderating the total
amount of traffic generated to this site.
A veterinary clinic would serve the residential needs of the both the neighbourhood and
the broader community. Based on its operation as a professional service business and
the limited size of the existing building, the proposed veterinary clinic will not detract from
the character of the surrounding neighbourhood.
Bakeries, dry cleaning distribution centres, laundromats, light service shops (i.e.
household appliance repair) and retail stores are commonly permitted in neighbourhood
plazas that are located in close proximity to residential homes.
Municipality of Clarington
Report PSD -023-16 Page 7
A day nursery provides daytime care for children while parents are at work or otherwise
unavailable to supervise their children. On a limited scale, day nurseries, professional
offices (i.e. real estate, accountant, etc.) and personal service shops (i.e. hair salon) may
be operated out of a residential home as a home occupation. At larger scales, these
uses can be found operating in neighbourhood plazas.
By the nature of their activity, these commercial uses would be compatible with and be
well used by surrounding residents as well as the broader community.
Within the Zoning By-law, the parking regulations for each of these uses requires a
minimum of 10 parking spaces for a building of this size. Based on the modest floor area
of the existing building (280 square metres or 3,000 square feet), together with the nature
of the proposed commercial uses, it is not expected that the proposed uses would
generate excessive traffic to the site.
The traffic and parking generated by a day nursery can be quite high during the peak
drop-off and pick-up times. However, these peak periods are brief.
Professional offices and personal service shops typically involve one-on-one interactions
between clients and professionals which has the potential to generate a higher volume of
traffic. However, the ability of these businesses to spread client appointments over the
course of the day assists in limiting the total amount of traffic that will be generated to the
site at any one time.
All of the above uses can meet the parking requirements of the Zoning By-law of one
parking space per 30 square metres with some adjustment to the drive aisle provision
discussed below.
6.3.2 Uses Not Recommended
Medical or dental clinics serve all segments of the population with highly specialized and
highly sought-after services that the general public is unable to provide for themselves.
The professional nature of medical or dental clinics would be compatible with and serve
the residential neighbourhood.
Commercial schools (i.e. private career college and dance studio) provide specialized,
private instruction and are often permitted in neighbourhood plazas.
Places of worship are already permitted in most residential neighbourhoods where they
provide religious and social services to the community.
The high -demand services offered by medical or dental clinics means that they also
generate a high volume of traffic. The parking requirements for medical or dental clinics
is based on the number of practitioners (5 spaces for each doctor/dentist) and the amount
of services offered (1 additional space for every exam room after the first 5 exam rooms).
Municipality of Clarington
Report PSD -023-16 Page 8
The size of the existing building (280 square metres or 3,000 square feet) has the
capacity to accommodate more practitioners than the parking on this site is capable of
sustaining. In addition, the barrier -free parking requirements for these uses are double
the number required for commercial businesses.
Commercial schools and places of worship both generate a high volume of people in one
place for a set period of time. This site is not large enough to accommodate the parking
requirements for these uses.
The limited amount of parking on this site lead Staff to the opinion that these uses would
not be appropriate at this location.
6.4 Parking and Drive Aisle Width Requirements
All of the uses that are recommended for approval can meet the parking requirements of
the Zoning By-law based on one parking space per 30 square metres of floor space. The
only difficulty is that the placement of the building does not allow for a full two-way access
for the 3 parking spaces at the rear of the property. The standard requirement for two-
way traffic is a drive aisle width of 6.0 metres. Due to the placement of the building, there
is a pinch -point of approximately 4.5 metres. The applicant has advised that the 3
spaces at the rear of the property would be used by employees. Given that the employee
would be there for extended periods of time without the turnover of the front parking
spaces, and that the pinch point is in the location of the accessible parking space, which
is not utilized as much as the other spaces, staff are willing to accept this deficient aisle
width to access the three spaces.
6.5 Residential Uses
The property currently permits one home (a single detached dwelling). In the future, Staff
would have no objection if the owner of the property wished to revert the existing building
for use as a single detached dwelling. However, at that time, the commercial entrance
from Durham Highway 2 would need to close and a residential entrance from Ivory Court
created.
6.6 Future Development in West Bowmanville
As part of the Municipality's Official Plan Review, the residential lands to the east of the
subject site are proposed to be added to the Bowmanville West Town Centre Secondary
Plan. This will allow future development to take place on the south side of Durham
Highway 2 between the subject property and Green Road. The possible height of these
buildings will be between three and six storeys. The conversion of the existing building
and property, to permit a veterinary clinic and other commercial uses, would offer a
transition area between the residential neighbourhood and the proposed expansion of the
Bowmanville West Town Centre.
Municipality of Clarington
Report PSD -023-16 Page 9
The Region of Durham has advised that permitting a permanent commercial entrance at
this location will not inhibit future access approvals for other properties along the south
side of Durham Highway 2.
6.7 Pedestrian Access through the Site
Over the years, the neighbours in the surrounding residential area have grown
accustomed to using this property as a pedestrian shortcut between Durham Highway 2
and Ivory Court. The Applicant has indicated that it is her intention to maintain an
informal pedestrian connection through the property, just as it has existed for the past 19
years.
The modest size of the property together with the tight constraints of the parking area
make it impractical to design and construct a fully accessible walkway. In addition, the
challenges of maintenance, liability and the lack of a connection to an existing sidewalk
on the north side of Ivory Court add to the challenge of creating a formal walkway through
this property. The applicant is not willing to accept a formal easement and staff do not
recommend this as a permanent walkway which cannot be properly constructed.
Staff are satisfied that the neighbours and the Applicant can cooperate through a social
contract for continued pedestrian access through this site. However, no formal access
can be guaranteed and future owners may have a different point of view.
6.8 Ivory Court Landscape Treatment
The homes on Ivory Court surround the bulb with a minimum 6 m setback from the road
allowance. With the conversion of the property to a commercial use, it would be possible
for the Applicant to construct a privacy fence or chain-link fence to demarcate the limits of
the rear yard of the subject site. This would affect the character of the court, potentially
obstructing views. It is proposed that the Zoning By-law amendment contain a provision
that an unobstructed landscape strip be maintained for the first 6 metres of the lands
abutting Ivory Court.
6.9 Site Plan Application
With approvals from the rezoning application, the Applicant will be submitting a Site Plan
application. Some of the issues which will be resolved during the Site Plan process
include:
Grading and drainage;
Removal of asphalt areas from the Regional road allowance; and
Adding landscaping within and adjacent to the Regional road allowance.
Municipality of Clarington
Report PSD -023-16 Page 10
7. Concurrence
Not Applicable
8. Conclusion
8.1 The Applicant has requested permission for commercial land uses to operate within the
existing building on the subject site. After review of each of the proposed commercial
uses Staff are prepared to recommend the following uses as being appropriate for the
existing building on the subject property:
• Veterinary Clinic,
• Bakery,
• Day Nursery,
• Dry Cleaning Distribution Centre,
• Laundromat,
• Professional Office,
• Retail Store,
• Light Service Shop; and
• Personal Service Shop.
The other commercial uses proposed may have problems providing sufficient parking,
particularly at peak times, when there is not overflow opportunities on adjacent
commercial sites.
8.2 The proposed use of the subject site for commercial purposes will not inhibit future
development of neighbouring properties along Durham Highway 2. A permanent
walkway at this location cannot be accommodated but the Applicant intends to allow
access across the property at the present time.
8.3 In consideration of all agency, departmental and public comments, it is respectfully
recommended that the applications to permit commercial uses, including a veterinary
clinic, be approved as amended by Staff.
9. Strategic Plan Application
The recommendations contained in this report conform to the Strategic Plan.
Municipality of Clarington
Report PSD -023-16 Page 11
Submitted by: `,' Reviewed by:
Dav 'J. Crome, MCIP, RPP Franklin Wu,
Director of Plannina Services Chief Administrative Officer
Staff Contact: Paul Wirch, Planner II, 905-623-3379 extension 2418 or pwirch(cD_clarington.net
Attachments:
Attachment 1 — Official Plan Amendment
Attachment 2 — Zoning By-law Amendment
The following is a list of the interested parties to be notified of Council's decision:
Dr. Linda Carter and James Philips
Richard Claxton -Oldfield
John and Bev Shreve
Robyn McKibbon
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Attachment 1 to
Municipality of Clarington Report PSD -023-16
Amendment Number 106
To The Municipality of Clarington Official Plan
Purpose: This amendment to the Clarington Official Plan is to permit the
conversion of an existing, 280 square metre house, for a
veterinary clinic and other commercial uses.
Basis: This amendment is based on the materials filed with Official
Plan Amendment COPA 2015-0006 and staff's analysis.
Actual
Amendment: The Clarington Official Plan is hereby amended as follows:
1. By adding a new Section 23.17.18 as follows:
"23.17.18 Notwithstanding Section 9.3.4 of the Clarington
Official Plan, an existing 280 square metre building, located at
2323 Durham Highway 2, and identified by Assessment Roll
Number 1817-010-020-17548, may be used for a limited range
of commercial uses that are appropriate based on the site
constraints and the abutting residential uses. No additions or
expansions to the existing building may be permitted."
Implementation: The provisions set forth in the Municipality of Clarington Official
Plan, regarding the implementation of the Plan, shall apply in
regard to this Amendment.
Interpretation: The provisions set forth in the Municipality of Clarington Official
Plan, regarding the interpretation of the Plan, shall apply in
regard to this Amendment.
Attachment 2 to
Municipality of Clarington Report PSD -023-16
Corporation of the Municipality of Clarington
By-law Number 2016 -
being a By-law to amend Municipality of Clarington Zoning By-law 84-63
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, for ZBA 2015-0026;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. By-law 84-63 is amended as set out in Sections 2 through 4 of this By-law.
2. By adding Section 16.5.63 GENERAL COMMERCIAL EXCEPTION (C1-63) ZONE
as follows:
"16.5.63 GENERAL COMMERCIAL EXCEPTION (C1-63) ZONE
Notwithstanding Section 3.12, 3.15 a., 3.15 d., 3.15 h., 3.15 i. ii), 3.15 i. iii), 3.26,
13.2 a., 16.1, 16.2, 16.3 a. i), 16.3 a. ii) and 16.3 d., those lands zoned C1-63 as
shown on the Schedules to this By-law shall be subject to the following uses and
regulations:
a. RESIDENTIAL PERMITTED USES
i) Single detached dwelling;
ii) Dwelling units as part of a building containing a permitted non-
residential use(s); and
iii) A home occupation use in accordance with the provisions of Section
3.11 of this By-law.
b. NON-RESIDENTIAL PERMITTED USES
i) Bakery;
ii) Business, professional, or administrative office;
iii) Day nursery;
iv) Dry cleaning distribution centre;
v) Laundry;
vi) Retail/commercial establishment;
vii) Service shop, light;
viii) Service shop, personal; and
ix) Veterinarian clinic.
C. REGULATIONS FOR RESIDENTIAL USE
i) Only one access to the property is permitted and it must be located on
Ivory Court.
ii) Residential Uses shall comply with all other zone requirements set out
in Section 13.2.
d. REGULATIONS FOR NON-RESIDENTIAL USE
i) All non-residential uses must be contained within the existing 280
square metre building.
ii) Yard Requirements
a) Front Yard (minimum) 2.0 metres
b) Front Yard (maximum) 5.0 metres
c) Interior Side Yard abutting a residential zone (minimum)1.5 metres
iii) Building Height (maximum) 10.5 metres
iv) Only one access to the property is permitted and it must be located on
Regional Highway 2.
v) Loading Space (minimum)
0
vi) Drive aisle width to three parking spaces (minimum) 4.5 metres
vii) An unobstructed landscape strip shall be maintained which measures a
minimum of 6.0 metres from the lot line at Ivory Court."
3. Schedule `3' to By-law 84-63, as amended, is further amended by changing the
zone designation from "Urban Residential Type Two (R2) Zone" to "General
Commercial Exception (C1-63)" as illustrated on the attached Schedule `A'.
4. This By-law shall come into effect on the date of the passing, subject to the
provisions of Section 34 of the Planning Act.
By -Law passed in open session this day of , 2016
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
This is Schedule "A" to By-law 2016- , passed this day of , 2016 A.D.
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Adrian Foster, Mayor Bowmanville • ZBA 2015-0026 9 Schedule 3 C. Anne Greentree, Municipal Clerk