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HomeMy WebLinkAboutPSD-021-17 Planning Services Public Meeting Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: April 3, 2017 Report Number: PSD-021-17 Resolution Number: File Number: COPA2017-0003, ZBA2017-0006, By-law Number: and SPA2017-0010 Report Subject: An Application by Valiant Property Management Lowe’s Home Improvement Store Recommendations: 1. That Report PSD-021-17 be received; 2. That provided there are no significant issues raised at the Public Meeting, the Official Plan Amendment and Zoning By-law Amendment to permit a home improvement store (Lowe’s) in the former Target building, be approved as contained in Attachment 1 and Attachment 2 to Report PSD-021-17; 3. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-021-17 and Council’s decision; and 4. That all interested parties listed in Report PSD-021-17 and any delegations be advised of Council’s decision. Municipality of Clarington Report PSD-021-17 Page 2 Report Overview This is a public meeting and recommendation report for approval of an application submitted by Valiant Property Management. The proposal is for the redevelopment of the former Target department store and adjacent lands to the east to permit Lowe’s home improvement retail store located at 2383 Highway 2 in Bowmanville. As part of the retrofit, additional modifications are proposed to accommodate the needs of the Lowe’s operation. One such modification is the demolition of the Hakim Optical and Payless Shoes building to the east to accommodate a customer pick-up and loading area for lumber and other large contractor’s materials. These two existing tenants will relocate to another building within the Bowmanville West Town Centre. The approval of the recommended Official Plan Amendment and Zoning By-law Amendment will allow for a home improvement store in the former Target building. 1.1. Owner: Valiant Property Management 1.2. Applicant: KWA Site Development Consulting Inc. 1.3. Proposal: Application to amend the Bowmanville West Town Centre Secondary Plan: To permit a large format home improvement store (Lowe’s) on lands designated General Commercial. Application to amend Zoning By-law 84-63: To delete and replace the maximum total floor area for a shopping centre from 17,000 square metres to 19,280 square metres. To allow for a garden centre or seasonal garden centre as an accessory to any type of permitted use. To permit a home improvement centre within the General Commercial Exception (C1-14) Zone. To delete the clause regarding the need for a department store to be in operation in order for the other non-residential uses to be permitted on site. To amend the total days that a seasonal garden centre can occupy the parking area from 90 days to 120 days. To allow for an outdoor storage area to a maximum of 400 square metres accessory to a home improvement store. Municipality of Clarington Report PSD-021-17 Page 3 To allow for an outdoor display area accessory to a home improvement store, within the parking area in the vicinity of the main drive aisle to the building, provided there is no display of building materials, empty pallets, containers, refuse containers or large equipment. To allow for an outdoor display area accessory to a permitted use, in the vicinity of the main entrance to the building, provided there is no display of empty pallets, containers, storage units, refuse containers or large equipment. 1.4. Area: 6.56 hectares (16.2 acres) 1.5. Location: 2383 Highway 2, Bowmanville 1.6. Roll Number: 1817-010-020-17200 1.7. Within Built Boundary: Yes 2. Background 2.1. On February 27, 2017, Valiant Property Management submitted an application for a Lowe’s Home Improvement Store to occupy the vacant building formerly used by the Target retailer. The building had been occupied by Target for a short period of time, from 2012 to 2015, due to the corporation’s decision to shut down all their Canadian stores. Prior to 2012, the building was occupied by a Zeller’s department store. The building has been vacant for the past 2 years, as is the case with most of the former Target buildings seen across the Greater Toronto Area. It appears to be difficult to find a suitable tenant to occupy these large commercial spaces. Figure 1 shows the existing façade. Figure 1 – Vacant building formerly occupied by Target Municipality of Clarington Report PSD-021-17 Page 4 2.2 Some modifications to the building and the surrounding site will be needed in order to accommodate the Lowe’s prototype and operation. The majority of the changes include changes to the façade, partial demolition to the west end of the building to accommodate a garden centre, and demolition of the building to the east, currently occupied by Payless Shoes and Hakim Optical, for a pick-up and loading area or customers. 2.3 The following reports were submitted in support of the application and circulated for comments. A summary of the supporting documents is provided in Section 7 of this report: Planning Justification Report; Environmental Noise Impact Assessment; Phase 1 Environmental Site Assessment; and Traffic Brief. Municipality of Clarington Report PSD-021-17 Page 5 Figure 2 – Proposed Site Plan Municipality of Clarington Report PSD-021-17 Page 6 3. Land Characteristics and Surrounding Uses 3.1 The building is located in the Clarington Shopping Centre on the northwest corner of Clarington Boulevard and Prince William Boulevard. An existing retail shopping plaza, a Kelsey’s, McDonalds, and a TD Bank already exist on the subject site. Figure 3 shows the existing site with the proposal for the Lowe’s store. Figure 3 - Proposed Lowe’s in the Clarington Shopping Centre 3.2 The surrounding uses are as follows: North: Commercial retail and service uses South: Residential (retirement home and condominium apartments) and a vacant lot designated for a neighbourhood park East: Commercial retail and service uses West: Commercial retail and service uses Municipality of Clarington Report PSD-021-17 Page 7 4. Provincial Policy 4.1 Provincial Policy Statement The site is located within the settlement area of Bowmanville. The Provincial Policy Statement identifies settlement areas as the focus of growth and development. Within the settlement areas, planning authorities shall promote opportunities for intensification and redevelopment where it can be accommodated, taking into account existing building stock and the availability of existing infrastructure. The proposal presents an opportunity to redevelop an existing vacant building and makes efficient use of existing infrastructure. The proposal minimizes servicing costs and land consumption. The Provincial Policy Statement also encourages municipalities to promote long-term economic prosperity and support opportunities for economic development. The re- tenanting of a building that has remained vacant for over two years and will support commercial development and the viability of the shopping centre and provides an economic opportunity. The application is consistent with the Provincial Policy Statement. 4.2 Provincial Growth Plan The subject lands are within the Built Boundary. The Growth Plan encourages growth, including the conversion of existing buildings, to the already built-up areas through intensification and efficient use of existing services and infrastructure. Although this proposal is not proposing a more intensified use than what exists today, the development is making use of an existing building and utilizing existing infrastructure already in place. The application conforms to the Growth Plan for the Greater Golden Horseshoe. 5. Official Plans 5.1 Durham Regional Official Plan The Durham Region Official Plan designates the subject property as a Regional Centre. Regional Centres are to be developed with a full array of commercial, major retail, institutional, residential, and entertainment uses. The proposed commercial use is permitted in the Durham Region Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the lands as a Town Centre. The lands are also within the Bowmanville West Town Centre Secondary Plan area. The Bowmanville West Town Centre is a centre of regional significance providing the highest level of retail and service uses. The Town Centre shall provide a mix of uses, encourage activity along the Municipality of Clarington Report PSD-021-17 Page 8 street edges and shall support transit and pedestrian activity. The urban design policies of the Town Centre designation are implemented through the review and approval of development applications. The Clarington Official Plan also encourages the creation of new employment opportunities and new retail and commercial developments in order to achieve the economic goals and objectives of the Municipality. The proposed retail commercial use will create jobs to support the economic goals of the Municipality. The proposed use also meets the intent of the policies by redeveloping the existing building with a new proposed retail use, which complements the other commercial uses on the site. 5.3 Clarington Official Plan as Amended by Amendment 107 On November 1, 2016, Council adopted Official Plan Amendment 107 (OPA 107) to bring the Clarington Official Plan into conformity with the Regional Official Plan and the Provincial policies. The subject lands are identified as an Urban Centre. The Amendment establishes a hierarchy of urban structure typologies, which includes Urban Centres. Urban Centres are one of Clarington’s Priority Intensification Areas which are the primary locations to accommodate growth and contains the greatest mix of land uses. Commercial uses are permitted within the Urban Centre. The Amendment also established a long term floor space index of 2.5 (buildings are to be 2.5 times the area of the site) and commercial developments are to be a minimum height of two storeys. These policies are intended to be applied to new commercial developments within the Urban Centres and guide the development or update of Secondary Plans. These policies are not applicable as the building already exists and is not new construction. The proposed amendment application only adds a use to a vacant building. The proposal is not a more intensified use than what exists today but it is making use of an existing building and utilizing existing infrastructure already in place. Utilizing existing buildings is supported over building on vacant sites. The proposal meets the policies of the OPA 107 as adopted by Council. 5.4 Bowmanville West Town Centre Secondary Plan The applicant is seeking to include large format home improvement store as a permitted use within the lands designated General Commercial in the Bowmanville West Town Centre Secondary Plan. One of the goals in the Bowmanville West Town Centre is to create a unique sense of place and foster social interaction through high quality architectural treatments and site planning that provides visual interest at a pedestrian scale. It shall be a place that provides for a range of opportunities for employment, including retail. The retail services Municipality of Clarington Report PSD-021-17 Page 9 shall complement the East Town Centre in servicing regional and local retail needs as population growth occurs. Retail limits were established in order to define the role of the Bowmanville West Town Centre in relation to the historic downtown. Population growth was linked to the retail growth allowed in the Bowmanville West Town Centre. The retail floor space limits are only applicable until such time as the Clarington population reaches 91,000 persons. As of the most recent census data, 2016, Clarington’s population is 92,000. The retail threshold limits are no longer applicable as we have exceeded the population threshold established in the Secondary Plan. The Secondary Plan policies will need to be updated to comply with the provisions of the Clarington Official Plan as amended by OPA 107. Furthermore, the proposed re-tenanting of the former Target store does not introduce more retail floor space. The subject lands are designated General Commercial in the Bowmanville West Town Centre Secondary Plan and are intended to be used for a variety of retail activities including larger format retail stores. The Lowe’s Home Improvement Store is a large format retail store however, the policies specifically exclude large format home improvement centres, although retail uses are acceptable. The applicant has applied for an Official Plan Amendment to allow a large format home improvement store on the west side of Clarington Boulevard and south of Highway 2. This is similar to the Home Depot site which has a site specific exception in the Secondary Plan policies. There are a number of urban design policies in the Bowmanville West Town Centre Secondary Plan that will be addressed through the site plan process and are further discussed in Section 11 of this report. 6. Zoning By-law Zoning By-law 84-63 zones the subject lands “General Commercial Exception (C1-14)”. Although the zone permits a number of retail commercial uses, it does not list a home improvement store as a permitted use. The C1-14 Zone was the only section not updated as part of the Commercial Policy Review for the Bowmanville West Town Centre. The zone also prohibits all non-residential uses unless a department store is in operation on the lands. The applicant is seeking an amendment to the Zoning By-law in order to facilitate the proposed development and delete the regulation that requires a department store to be in operation in order for other commercial uses to be permitted. The C1-14 Zone also limits the total floor area for the shopping centre to a maximum of 17,000 square metres. A minor variance was approved in 2012 to increase the permitted floor space to 19,280 square metres. The total floor area will actually decrease with the demolition of the west part of the building and the Hakim Optical and Payless Shoes building. The applicant is requesting that the zoning by-law amendment recognize the permissions approved through the variance. Municipality of Clarington Report PSD-021-17 Page 10 As part of the retrofit, additional amendments are requested to accommodate the needs of the Lowe’s operation, such as: To allow for a garden centre or seasonal garden centre as an accessory to any type of permitted use (green area on Figure 2). To amend the total days that a seasonal garden centre can occupy the parking area from 90 days to 120 days. To allow for an outdoor storage area to a maximum of 400 square metres accessory to a home improvement store (orange area on Figure 2). To allow for an outdoor display area accessory to a home improvement store, within the parking area in the vicinity of the main drive aisle to the building, provided there is no display of building materials, empty pallets, containers, refuse containers or large equipment (purple area on Figure 2). To allow for an outdoor display area accessory to a permitted use, in the vicinity of the main entrance to the building, provided there is no display of empty pallets, containers, storage units, refuse containers or large equipment. A discussion of the proposed amendments is contained in Section 11 of this report and Staff have suggested some modifications to better reflect the proposal. The recommended amendment to the zoning by-law are included in Attachment 2 to this report. 7. Summary of Background Studies 7.1 The applicant submitted four studies in support of the applications. A summary of their conclusions is provided below. 7.2 Planning Justification Report A Planning Justification report was submitted by KWA Site Development Consulting Inc. in support of the home improvement store as a permitted use. The report offers the following observations about the proposed re-tenanting of the existing building for a home improvement store: Redevelopment will continue the future viability of the existing shopping centre. Development is within the Built Boundary of the Growth Plan and optimizes existing land supply and utilizes existing municipal services. It promotes the rejuvenation and redevelopment of Regional Centres. It supports the economic function of the Urban Centre. Municipality of Clarington Report PSD-021-17 Page 11 The proposal is not considered new development, rather, retrofit of existing retail space to accommodate a new tenant that is similar to the previous Target store. The changes are in keeping with the overall character of the existing shopping centre. The proposal is compatible with all current land uses and satisfies the built-form objectives of the Clarington Official Plan and the Bowmanville West Town Centre Secondary Plan. 7.3 Traffic Review A Traffic Review was completed by Dillon Consulting to address Staff’s concerns regarding traffic movements of customers and truck turning movements of delivery vehicles. Plus potential impacts on entrances and stopping or parking on Prince William Boulevard. The Traffic Review indicated that the traffic at the customer lumber and loading area is relatively minimal and there are many options to disperse the traffic exiting the area. No foreseen problems should arise from vehicle queuing in the lumber loading area which would have an impact on traffic at the Clarington Boulevard entrance. The review demonstrated that truck turning movements can be accommodated and that the lumber truck delivery at a Lowe’s store typically occurs during the weekday in the mid-morning (around 10 am) when customer activity is low. This reduces the amount of conflicts between customer vehicles and the delivery trucks. The review also indicates that all delivery trucks can be accommodated geometrically on site and have space to unload without interfering with other site activity. There is no expectation that trucks will stop on Prince William Boulevard to unload merchandise. 7.4 Environmental Noise Impact Assessment An Environmental Noise Impact Assessment was prepared by Novus Environmental. The purpose of this report was to assess the potential noise impacts from the proposed Lowe’s operations and stationary sources, on the surrounding residents. The Lowe’s will alter the existing building, which could potentially relocate the emergency generator. The current proposal is to leave the generator in its existing location. The worst case scenario for noise impacts was assessed in the event that the generator would be relocated to the south. The study concluded that noise levels from the proposed commercial operations are below the applicable noise guideline limits for the surrounding residents. The Lowe’s is compatible with surrounding land uses, from the perspective of potential noise impacts on both existing and future planned sensitive receptors. Municipality of Clarington Report PSD-021-17 Page 12 7.5 Phase 1 Environmental Site Assessment A Phase 1 Environmental Site Assessment was prepared by EXP Services Inc. to determine if there were any indications of site contamination on the property. Based on the study, the orchards that had been present on the property are considered a potential contamination activity. Potential contaminants could be metals and organochlorine pesticides. However, these are considered low risk as they are not volatile and do not dissolve in groundwater. The presence is likely restricted to surface soil and since the site was redeveloped in the early 2000’s, it can be assumed that the site was graded and any contaminated soil was removed off-site. The report indicated that the previous agricultural use is not a concern and they did not identify any other potentially contaminating activities on or surrounding the site that could result in an area of significant environmental concern. No further assessment work is warranted at this time. 8. Public Notice and Submissions 8.1 Public notice was given in accordance with the Planning Act prior to the Public Meeting. Public notice was sent by mail to each landowner within 120 metres of the subject property and the appropriate signage acknowledging the application was installed on the subject lands, refer to Figure 4. The public notice was also posted on the Municipal website and in the Planning Services Departments E-update. Figure 4 – Public Notice sign posted along Clarington Boulevard Municipality of Clarington Report PSD-021-17 Page 13 8.2 As of the writing of this report, Staff have received four inquiries regarding this application. Their main concerns were the disappearance of the Hakim Optical and Payless Shoes stores and that there is no demand for another home improvement store. Many expressed an interest in having other specific retailers locate in this building such as Home Sense, No Frills, Michaels, and Giant Tiger. 9. Agency Comments Regional Municipality of Durham At the time of writing this report, Staff did not receive any comments from the Region. 10. Departmental Comments 10.1 Engineering Services The applicant proposes to redevelop an existing commercial block. Engineering has reviewed the application and have no objection to the proposal. Engineering Staff agree with the approach and recommendations provided by the applicant in regards to Site Servicing and Grading, Traffic, Noise Impact and Landscaping. Additional details are required for the Truck Turning Movement Report, which will be addressed through site plan approval. 10.2 Emergency and Fire Services The sprinkler system may have to be modified to suit new tenant. No objection to proposed Official Plan Amendment or Zoning By-law Amendment. 10.3 Building Division No objection to the proposed Official Plan Amendment or Zoning By-law Amendment. 11. Discussion 11.1 Permitting the home improvement store use The site is located within the Bowmanville West Town Centre. Retail commercial and urban activity is to be directed towards this area, however, in the General Commercial designation home improvement stores are explicitly excluded. A review of the Bowmanville West Town Centre policies were initiated in the early 2000’s and at that time, home improvement stores were a use that was limited to Highway Commercial Areas. The rationale behind the exclusion of the home improvement stores was twofold. One reason was that staff considered large format home improvement stores to be more of a quasi-industrial use with bulk storage and daily shipping of bulk goods, outdoor storage and display. It was more suited to a Highway Commercial Area and it was not consistent Municipality of Clarington Report PSD-021-17 Page 14 with the type of urban environment planned for the area. The Bowmanville West Town Centre was to have a strong retail pedestrian environment. Council at that time did not concur with staff’s position and approved the Home Depot Store. Home improvement stores have continued to evolve and they are now sell more than building supplies, they also sell interior furnishings, appliances, carpets, lighting, etc. The second reason was that the Municipality had concerns regarding the market impact of a home improvement centre on existing retailers. A Commercial Policy Review was completed in 2006 by Meridian Planning Consultants to determine, among other issues, whether Clarington could support a large format home improvement store without affecting the historical downtown areas. The Commercial Policy Review was a comprehensive examination of the Municipality’s approach to commercial planning. The market impact analysis concluded that the Clarington market could support two home improvement stores by 2007 with a population of 85,000 people. The proposed Home Depot was being considered at that time. The review indicated that another home improvement store could enter the market through increased recapture of sales from outside of Clarington, market growth opportunities, and sales transfers from existing stores located in the market. The Rona store subsequently proceeded but never opened. Now that the Rona store on Baseline Road has not proceeded, the proposed Lowe’s home improvement store could be considered. The Lowe’s home improvement store retrofit meets the policies for making efficient use of existing infrastructure within the already built up areas of the Municipality. The development would make use of a building that has remained vacant for over two years. Some concerns were raised by the general public on the disappearance of the Hakim Optical and Payless Shoes stores. The applicant has informed the Municipality that these two existing tenants will relocate to their other holdings within the area. There was also some concerns about the demand for another home improvement store. The general public expressed an interest in having other specific retailers locate in this building such as Home Sense, No Frills, Michaels, and Giant Tiger. Although the other tenants mentioned would be a great addition to the diversity of retailers in Bowmanville, the Municipality cannot force a store to open any more than it can stop a store from closing. There are further opportunities for additional retailers in the Bowmanville West Town Centre. 11.2 The department store requirement The Zoning By-law requires that in order for the commercial uses on the Clarington Centre site to operate a Department Store is constructed and operated development in the early 1990s was that it would bring a Department Store to Clarington allowing for the recapture of the outflow of market sales. Without this, there was concern that there could be a negative impact on the downtown and Bowmanville Mall. A provision was included in 1994 Zoning By-law amendment to ensure that the developer, Markborough Properties Municipality of Clarington Report PSD-021-17 Page 15 Inc., met their commitment to the Municipality. This provision is now obsolete; the Zellers Department Store was built. Further, with both the evolution in retailing and the construction of a Walmart and an enlarged Canadian Tire store on the Smart Centre site, there are similar type of anchor tenants present to fulfill this function for the Bowmanville West Town Centre The zoning by-law amendment will delete the requirement for a department store to be in operation in order for the other commercial uses to be permitted on the site. 11.3 Maximum floor area The maximum total floor area limits of 17,000 square metres was also a way to limit the amount of commercial development in the West Town Centre. A minor variance was approved in 2012 to increase the permitted floor space to 19,280 square metres. The applicant is requesting that the zoning by-law amendment recognize the permissions approved through the variance. The Bowmanville West Town Centre Secondary Plan has policies that phased retail growth with population thresholds. The Municipality has no passed that population threshold and the floor area limits are no longer applicable or necessary. Staff recommend deleting the maximum floor area in its entirety since it is no longer applicable. 11.4 Economic Opportunity The Clarington Official Plan encourages the creation of new employment opportunities and new retail and commercial developments in order to achieve the economic goals and objectives of the Municipality. The proposed retail commercial use will create jobs to support the economic goals of the Municipality. It is important that the Municipality remains competitive and adaptable to promote employment opportunities. The changes proposed by the applicant reflect the change in the retail markets and promote reinvestment in the community by making use of an abandoned building which has been vacant for over two years. Job creation is a priority for the Municipality and it should be balanced against residential growth. Over the past few years, Clarington’s population growth has been rapidly increasing. The recent 2016 Census data showed that Clarington had the second highest population growth in Durham. Given the growth in population and based on the 2006 commercial Market Policy Review, Clarington could support another home improvement store within the community. 11.5 Urban Design As noted above, home improvement stores are not ideal tenants when the goal is to create an active retail pedestrian environment around a transportation hub. However, given Council’s previous decision on Home Depot and the economic benefits of filling a large empty existing commercial space, urban design elements will be mitigative in nature, and in some cases the traditional format is not possible in a retrofit situation. The key elements of concern for the proposed home improvement use are: Municipality of Clarington Report PSD-021-17 Page 16 Outdoor storage area for lumber along Clarington Boulevard; Pedestrian connectivity to the plaza from Clarington Boulevard through the loading/contractors entrance; Outdoor storage/display area in front of the store which would impede pedestrian connection from Clarington Boulevard to other stores. This outdoor display area usually contains fencing, patio stones, playground equipment, etc; Location of the trailer and shed display along the main north entrance drive aisle; Garden Centre entrance feature on the terminal axis to the north entrance drive aisle. Urban Design principles, detailed site design criteria and building design policies are provided in the Bowmanville West Town Centre Secondary Plan. These policies will be used to assist in the evaluation of the site plan application. The specific design components are: Site Design Sidewalks and walkways should incorporate pedestrian scaled amenities where possible and promote pedestrian activity to stimulate visual interest through the use of landscaping, street furnishings, outdoor merchandise display and selling area. The proposal shows enhanced landscaping along the main drive aisle as customers approach the garden centre, as well as at the corner of Clarington Boulevard and Prince William Boulevard and at the vehicle entrances off of Clarington Boulevard. The proposed zoning by-law amendment does not permit for outdoor display areas for merchandise along the north-façade of the store. The type of outdoor display at a home improvement store are generally for bulk goods, patio stones, fences, playground equipment etc. This frontage and sidewalk width were not designed to accommodate this type of outdoor displays. Pavement marking have to be clearly marked and safe for the pedestrian crossings to the store entrance. Further discussion is needed regarding the type of material used for the crosswalks. The proposal shows an outdoor storage area facing the public streets of Clarington Boulevard and Prince William Boulevard. The Bowmanville West Town Centre Secondary Plan states that the storage of goods shall generally be integrated as part of the building and not as a separate stand-alone structure. From an urban design perspective the placement of the outdoor storage will be visible along Clarington Boulevard. The applicant has partially screened the area that faces Prince William Boulevard with landscaping, however, further screening is required to enhance the corner and the pedestrian realm. A minimum 2 metre landscape buffer and screening fence along Clarington Boulevard shall be provided. Municipality of Clarington Report PSD-021-17 Page 17 Building Design The canopy above the customer loading area should be articulated to enhance the corner and the street façade along Clarington Boulevard, especially since it is replacing an existing building which already contained an articulated corner, refer to Figure 5 (Hakim Optical and Payless Shoes building). Figure 5 -Hakim Optical and Payless Shoes building to be demolished and replaced with customer pick-up and loading area The proposed Garden Centre will be located on the North West corner of the building, adjacent to the existing plaza. The entrance to the Garden Centre will be located along the main elevation. There is also a walkway that connects the shopping centre to the residential area located to the south. It is recommended that a fence design in keeping with the overall building design should be provided. The proposal shows columns incorporated in the fence design, however more detail should be provided. The Garden Centre area is also an appropriate spot for the display of large outdoor items. Landscaping Given that much of the existing vegetation on the property is in poor health, the landscaping would need to be maintained, restored and improved as part of this process. 12. Concurrence Not applicable. Municipality of Clarington Report PSD-021-17 Page 18 13.Conclusion This report provides background information on the Lowe’s application and considers all agency, staff and public comments received to date. The proposal is to re-tenant an existing vacant building for a home improvement store. Given the economic objectives of the Municipality and making efficient use of land and infrastructure, the proposal is considered to be appropriate for the subject site. Staff will work with the applicant on addressing the urban design components through the site plan application. Provided that there are no substantive objections raised at the Public Meeting, it is respectfully recommended that the Clarington Official Plan Amendment and Zoning By-law Amendment, be approved. 14. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Submitted by: Reviewed by: David J. Crome, MCIP, RPP Curry Clifford, MPA, CMO, Director of Planning Services Interim CAO Staff Contact: Nicole Zambri, Planner, 905-623-3379 ext. 2422 or nzambri@clarington.net Attachments: Attachment 1 – Colour Elevation Attachment 2 – Official Plan Amendment Attachment 3 – Zoning By-law Amendment The following is a list of interested parties to be notified of Council’s decision: Valiant Property Management c/o Beth Kelly KWA Site Development Consulting Inc. c/o Rob Walker NZ/COS/df I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA Zoning\2017\ZBA2017-0006 Lowes\Staff Report\PSD-021-17.docx Municipality of ClaringtonReport PSD-021-17 Attachment 1 to Attachment 2 to Municipality of Clarington Report PSD-021-17 Amendment Number 110 To The Municipality of Clarington Official Plan Purpose: To amend the Bowmanville West Town Centre Secondary Plan by adding a commercial use to the General Commercial designation. Basis: This amendment is based on and application by Valiant Property Management. Actual Amendment: The Bowmanville West Town Centre Secondary Plan is hereby amended as follows: 1. New Section 5.2.1 e) is hereby added as follows: “5.2.1 e) Notwithstanding 5.2.1 a) the retail and service uses on lands designated General Commercial on the west side of Clarington Boulevard south of Durham Highway 2 may include a large format home improvement store.” 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. I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA Zoning\2017\ZBA2017-0006 Lowes\Staff Report\PSD-021-17_Attachment 2.docx Attachment 3 to Municipality of Clarington Report PSD-021-17 Corporation of the Municipality of Clarington By-law Number 2017-______ being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 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 2017-0006; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: By-law 84-63, is amended by amending the text within Section 16.5.14 General Commercial Exception (C1-14) Zone as follows: 1. By adding the definition of a home improvement store to Section (a) and renumbering the remaining subsections: vi) Home Improvement Store is a facility specializing in the sale of home building/design and garden products. Goods offered for sale may include, lumber, lighting, electrical and plumbing supplies, hardware, flooring, window coverings, roofing materials, paint/wallpaper, furniture and appliances, seasonal items, lawn and garden supplies and indoor plants. A tool rental centre, fast food kiosk, which is not a drive-through facility, and do-it-yourself training facilities are permitted as accessory uses in a home improvement store; 2. By amending Section (c) and (e) as shown below by deleting the words shown in strikeout and adding the words in underline: c. Permitted Non-Residential Uses: A shopping centre containing a maximum of 17,000 square metres of total floor area may be constructed or used for any one or more of the following uses purposes: xi) Accessory garden centre or seasonal garden centre accessory to a department store or supermarket; xx) home improvement store Attachment 3 to Municipality of Clarington Report PSD-021-17 e. Regulations: i) No building may be used on any one or more portions of the lands zoned (C1-14) for the purposes of one or more of the permitted non- residential uses listed in Section 16.5.14 of the By-law unless a department store, which contains at least 6,500 square metres of total floor area, is constructed and operated on the lands zoned C1-14. ii) A maximum of 17,000 square metres of total floor area may be constructed and used. iii) i) Location of building from the southerly limit of Highway No. 2 and easterly limit of Green Road (minimum) 3 metres iv) ii) Location of building from the westerly limit of Clarington Boulevard a minimum of 0.5 metres; and a maximum of 3.0 metres with the exception of a home improvement store. v) iii) Location of building from the northerly limit of Prince William Boulevard (minimum) 5 metres ix) v) Notwithstanding clause (iv) (iii) 90 metres of the southerly business establishment street façade may be constructed up to 1 metre from the northerly limit of Prince William Boulevard. vi) vi) Landscaped open space (minimum) 20 percent vii) vii) Height of building (maximum) 4 storeys viii) viii) Loading spaces (minimum) 5 x) ix) All entrances used or intended to be used by the public to access each business in a business establishment shall be located in an exterior wall of the business establishment, and for greater clarity such access shall not be achieved through an enclosed pedestrian mall. xi) x) Parking space dimensions (minimum) 2.6 m width, 5.5 m length xii) xi) Notwithstanding Section 16.5.14(c), a portion of the parking area located on the lot which contains not more than 500 square metres and is enclosed by a temporary fence and one or more gates may be used for the purposes of seasonal garden centre for not more than a total of 90 120 days each calendar year; and xiii) xii) The Accessory seasonal garden centres permitted by 16.5.14(e(xii) shall not include the storage or sale of motorized equipment, and is not required to provide parking spaces in accordance with Section 3.16 a) of this By-law. xiii) Notwithstanding Section 16.5.14 (c), the following uses are only permitted accessory to a home improvement store: An outdoor storage area for bulk materials is permitted adjacent to Clarington Boulevard to a maximum area of 165 square metres, provided: Attachment 3 to Municipality of Clarington Report PSD-021-17 i. there is no display of empty pallets, containers, storage units, refuse containers or large equipment. ii. A minimum landscape buffer of 2 metres; iii. screening is constructed to ensure that the storage area is not visible from a public street; An outdoor display area for trailers and sheds is permitted to a maximum area of 200 square metres, within the parking area in the vicinity of the main drive aisle to the building, provided a landscape buffer is provided along the main drive aisle; 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 ____________, 2017 ____________________________ Adrian Foster, Mayor ____________________________ C. Anne Greentree, Municipal Clerk I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA Zoning\2017\ZBA2017-0006 Lowes\Staff Report\PSD-021-17_Attachment 3.docx