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HomeMy WebLinkAboutPSD-011-19Clarftwn 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: February 19, 2019 Report Number: PSD -011-19 Resolution: PD -017-19 File Number: ZBA2018-0029 By-law Number: Report Subject: An application by 2411 Baseline Limited to amend the Zoning By-law to permit the development of a commercial property for a variety of uses Recommendations: That Report PSD -011-19 be received; 2. That the proposed application for Zoning By-law Amendment ZBA 2018-0029 continue to be processed including the preparation of a subsequent recommendation report; 3. That staff consider the public comments received in the further processing of the Zoning By-law Amendment application submitted by 2411 Baseline Limited to permit the commercial development; and 4. That all interested parties listed in Report PSD -011-19 and any delegations be advised of Council's decision by the Department. Municipality of Clarington Report PSD -011-19 Report Overview Page 2 The Municipality is seeking public input on a proposed commercial development at 2411 and 2415 Baseline Road. The owner, 2411 Baseline Limited, has submitted an application for rezoning to allow the development, which comprises 3,643 square metres of commercial floor area for uses including restaurants, retail, offices and a daycare. The application also seeks reduced parking standards for this development. The purpose of this report is to provide information on the proposal and receive public comments at the Public Meeting. The proposed Zoning By-law amendment would replace the "Holding — Light Industrial ((H)M1) Zone" and "Environmental Protection (EP Zone" with an appropriate zone to permit the development. 1. Application Details 1.1 Owner/Applicant 1.2 Agent: 1.3 Proposal: 1.4 Area: 1.5 Location: 1.6 Roll Numbers: 1.7 Within Built Boundary 2. Background 2411 Baseline Limited D.G. Biddle & Associates Limited To permit a commercial development comprising: x 23 commercial units (4 restaurant units, 10 retail units, 9 office units) x 1 day care x 126 parking spaces 1.43 ha 2411 and 2415 Baseline Road, Bowmanville 181701002007220 and 181701002007100 Yes 2.1 On November 19, 2018, the Municipality received a Zoning By-law amendment application from 2411 Baseline Limited. The application was deemed complete on November 21, 2018. 2.2 The Municipality received the following reports in support of the application: x Planning Justification Report x Traffic Impact Study x Functional Servicing and Storm Water Management Report x Phase One and Two Environment Site Assessment Municipality of Clarington Page 3 Resort PSD -011-19 x Environmental Impact Study x Stage One and Two Archeological Report 3. Land Characteristics and Surrounding Uses 3.1 The subject site (Figure 1) is generally flat, with a gentle slope from Baseline Road south and east to the stormwater management pond and Westside Creek. There is a detached dwelling at 2415 Baseline Road (Figures 2 and 3), which would be demolished to allow the development. A row of trees are located on the south and east sides of 2415 Baseline Road. [=Subject Property Bottrell Street ,? J n o, 5 m a Roser Crescent S � i• a � Proposed 0 a+ N 1 Storey mMBuilding Baseline Road Baseline Road Laneway � • and � Parking � Proposed 2 Storey 5pice_r_Squ_are Building \ a- W ... R 34 I C, ZBA 2031$-0029 }_ ��►"-- ore Figure 1: The subject site and the surrounding area Municipality of Clarington Resort PSD -011-19 3.2 The surrounding uses are as follows: Page 4 North - Municipal open space across Baseline Road and single family homes. South - Storm water management pond East - Residential property and Westside Creek. West - Storm water management pond and the Clarington Fields Facility Figure 2: View of subject site looking southeast Figure 3: View of 2411 Baseline Road looking southwest Municipality of Clarington Page 5 Resort PSD -011-19 4. Provincial Policy Provincial Policy Statement (2014) 4.1 The Provincial Policy Statement (PPS) identifies settlement areas such as Bowmanville to be the focus of growth. Within settlement areas, the PPS states that planning authorities shall promote the development of vacant or underutilized sites where feasible, considering the availability of existing infrastructure. The PPS encourages municipalities to promote long-term economic prosperity and support opportunities for economic development. The PPS requires sensitive land uses such as day cares to ensure they are appropriated designed, buffered and/or separated from major facilities. Provincial Growth Plan (2017) 4.2 The Provincial Growth Plan directs development to settlement areas and promotes development within the Built Boundary, which the subject site is. The Growth Plan encourages the development of underutilized land and efficient use of existing services and infrastructure in built-up areas. The Growth Plan directs retail and office uses to locations that support active transportation and have existing or planned transit. The proposed commercial development proposes development of underutilized and vacant land where the necessary infrastructure for active transportation and transit are already available. 5. Official Plans Durham Region Official Plan 5.1 The subject site is located within the "Living Area" designation of the Durham Official Plan. Limited office development and limited retailing of goods and services is permitted in this designation. Clarington Official Plan 5.2 The Clarington Official Plan (COP) designates the subject lands as Gateway Commercial and Environmental Protection Area. Gateway Commercial areas are intended to serve the specialized needs of residents and attract visitors to the Municipality. Permitted uses can include: x Retail and service commercial uses including hotels, warehouse -style stores (excluding department stores and grocery stores) and home furnishing uses x Financial institutions x Business, professional and medical offices x Restaurants Municipality of Clarington Page 6 Resort PSD -011-19 x Limited small retail and personal services • Community facilities. 5.3 Environmental Protection Areas include the natural heritage and hydrologically sensitive features that comprise the natural heritage system as well as those lands within the regulatory flood plain of a watercourse. The Westside Creek watercourse, its floodplain and associated natural heritage system is located immediately east of this property. Mitigations measures may be incorporated into a development to protect adjacent Environmental Protections Areas from adverse impacts. Recommended measures come from studies completed to support a development application. 6. Zoning By-law 6.1 The subject lands are zones as follows: x 2411 Baseline Road: "Holding - Light Industrial ((H)M1) Zone" and "Environmental Protection (EP) Zone" 2415 Baseline Road: "Environmental Protection (EP) Zone" 6.2 A zoning by-law amendment is required to bring into conformity the "Holding - Light Industrial ((H)M1) Zone" exception of the zoning by-law with the Gateway Commercial designation and to permit the proposed development and refine the location of the "Environmental Protection (EP) Zone". 7. Summary of Background Studies The applicant submitted the following studies in support of the rezoning application: Planning Justification Report (October, 2018) 7.1 The Planning Justification Report identifies the site as being suitable for the proposed commercial development. Some of the potential benefits identified by the applicant include: x Development of an underutilized site within the existing built-up area, consistent with the Municipality's objectives for growth; x Use of existing municipal services; x Compatible with and complementary to nearby recreational and residential uses; and, Supports both active and public transportation to and from the site by locating directly across the road from a bus stop, bike lanes on Baseline Road and direct connection to existing sidewalk and trail network to the north and west. Municipality of Clarington Page 7 Report PSD -011-19 7.2 The Planning Justification Report provides a broad overview of the development proposal and its general conformity with the Clarington Official Plan. However, more information is still required to justify the requested Zoning By-law amendments. For example, the Planning Justification Report has not yet provided a rationale for reduced parking requirements, building location and location of a sensitive land use (e.g. daycare) from a major facility. Traffic Impact Study (October, 2018) 7.3 The Traffic Impact Study ("TIS") recommends: x Monitoring traffic patterns at the Baseline Road and Green Road intersection to adjust traffic signal timing to accommodate peak hour directional traffic volumes. x A westbound left turn lane on Baseline Road at the site entrance across from Westside Drive. x Monitoring traffic patterns at the site entrance at West Side Drive and Baseline Road for improvements which may be required to mitigate the length of delay for outbound turning vehicles onto Baseline Road from the site and Westside Drive. Planning for future signalization of the West Side Drive/Baseline Road and the site entrance should be built into the design of the entrance driveway. 7.4 The Functional Servicing Report identifies how the development can be serviced. The report has the follow recommendations: x Sanitary sewer and watermain on Baseline Road will be used to service the development. x On-site storm sewers to be sized as per Clarington standards. The proposed stormwater quantity control ensures that post -development peak flow does not exceed pre -development peak flow from the site to Westside Creek. Stormwater quality control is proposed to be via use of an oil/grit separator. Phase One and Two Environmental Site Assessment (August, 2012) 7.5 The Phase One Environmental Site Assessment (`ESA") identified risk of contamination from the historical use of the site as an orchard where certain pesticides could have been used. The consultant conducted a Phase Two ESA on August 22, 2012, as recommended in the Phase One ESA report. Shallow soil samples were collected and analyzed for arsenic and lead contamination. Concentrations were found to be below the Ontario threshold standard. Based on these findings, the consultant did not recommend any additional testing. Municipality of Clarington Page 8 Resort PSD -011-19 Environmental Impact Study (September, 2018) 7.6 The Environmental Impact Study ("EIS") states that there will be no net loss of natural heritage features as a result of the development. The study report provides recommendations to address potential impacts to adjacent natural heritage features and/or their functions during the site preparation, construction and post -construction periods. Recommended mitigation measures will be implemented through Site Plan Approval for the proposed development. Stage One and Two Archeological Report (October, 2018) 7.7 The Stage One research indicated high archaeological potential at the site due to proximity to water sources, archaeological sites, and historic roadways. Stage Two testing on this property therefore took place at a high potential (5 meter) interval. This assessment did not result in the discovery of any material of cultural significance and no further assessment is required. 8. Public Notice and Submissions 8.1 Public notice was given by mail to each landowner within 120 metres of the subject site and one notice sign was installed on the site facing Baseline Road (Figure 4). Public notice was also posted on the Clarington website and published in the Planning Services Department e -update newsletter. ` A DEVELOPMENT PROPOSAL aPPlam 5%G =m.d __ •�` �,. s Figure 4: Public Notice sign Municipality of Clarington Resort PSD -011-19 Page 9 8.2 As of the writing of this report, one resident inquired about the possibility of traffic lights at the Baseline Road and West Side Drive intersection if this project is built. This will be reviewed as part of the Traffic Impact Study. 9. Agency Comment Regional Municipality of Durham 9.1 The Durham Planning Department state the proposed use is consistent with Provincial planning policies and conforms to the Durham Official Plan. 9.2 The Region has reviewed the Stage One and Two Archaeological Report, which states that no further site assessment is required. The applicant must submit the Report to the Ministry of Tourism, Culture and Sports (MTCS) for their clearance letter, which must be forwarded to the Region once received. No soil disturbance can take place until the clearance letter is issued by MTCS. 9.3 The Region has reviewed the Phase One and Two ESA reports submitted in support of the application. The Ministry of Environment, Conservation and Parks (MECP) Brownfield Regulation and the Region of Durham Council adopted Site Contamination Protocol, require that all ESA reports be Record of Site Condition (RSC) compliant and are valid for up to 18 months from completion. Since the report was prepared in 2012 and is not RSC compliant, the Region requires a current Phase One ESA that is RCS compliant to be completed. An RSC compliant Phase Two ESA may be required depending on the results of the Phase One ESA. 9.4 A Noise Impact Study is required to determine impact from traffic noise on Baseline Road to the proposed daycare, which is identified as a noise -sensitive use by the MECP. Attenuation measures and warning clauses for the development may be required. 9.5 The Durham Works Department states that water supply and sanitary sewer are available at the site. Some changes to the site servicing plan are required in order to satisfy the Works Department. Existing water and sewer connections at 2415 Baseline Road must be shown on the plan to be disconnected and abandoned. 9.6 Based on the Region's right -turn lane guidance for a 2 -lane Type A arterial road (Baselined Road), the Region would expect an eastbound right -turn taper lane to be provided west of the site entrance. The TIS provides no analysis of the need for auxiliary turn lanes at Baseline Road and the site access / West Side Drive intersection. The Region would also expect the need for a westbound left -turn lane to be discussed in the TIS. Municipality of Clarington Page 10 Resort PSD -011-19 9.7 Although it may not be warranted, the Region strongly recommends that a westbound left - turn lane be provided as part of this development. This would enable westbound and eastbound left -turns to be centred rather than off -set at the Westside Drive intersection. The taper length and deceleration lane should be planned based on the design speed of Baseline Road. 9.8 While the TIS concludes that signalization of Baseline Road and West Side Drive would not be warranted within the 5 -year horizon, it may be prudent to plan for future signalization at the time of development. Durham Works and Transit recommend that the intersection of Westside Drive and Baseline Road include a marked pedestrian crosswalk connecting the development to the bus stop across Baseline Road. Central Lake Ontario Conservation Authority 9.9 CLOCA has reviewed the application at a high level and has no objection in principle to the proposed rezoning, however detailed comments pertaining to the Stormwater Management Report and the EIS are in progress. The detailed comments will address whether the proposed limits of development are acceptable, which will establish the Environmental Protection Zone boundary between the development and the most extensive feature and its associated setback or buffer. 10. Departmental Comments Clarington Engineering Services Department 10.1 The Engineering Services Department has reviewed the application and object to the proposal as submitted. They do not endorse a zoning change to allow 126 parking spaces instead of the required 145 parking spaces. A lack of on-site parking will lead to parking offsite in the vicinity of the development. Parking on Baseline Road is not permitted. Some on -street parking is available on West Side Drive adjacent to West Side Park, however this would require pedestrians to cross Baseline Road. 10.2 The Department has reviewed the TIS. The traffic count used for the intersection of West Side Drive and Baseline Road was completed adjacent to a holiday and is not accepted as a reliable data source. The TIS indicates that a traffic signalization warrant will be realized for the intersection of Baseline Road and West Side Drive in the near future post development, however specific timing must be provided. The study must make recommendations on all intersection improvements or modifications required to install traffic signals at this intersection. Further, the proposed main entrance driveway on the site is too short in length to be compatible with either a signalized intersection or an unsignalized intersection. The TIS must be amended to make a specific recommendation regarding the minimum length for the main entrance driveway to ensure compatibility with a signalized intersection. Further discussion regarding all aspects of the TIS is required between the Municipality and the applicant. Municipality of Clarington Page 11 Report PSD -011-19 10.3 The Engineering Services Department has reviewed the Grading Plan, Servicing Plan and Stormwater Management Report in support of this application. The proposed retaining wall located along the east boundary of the site is undesirable. The wall is located on the higher side of the property line and perpetual maintenance will be extremely difficult. An engineering design and detail must be provided for the proposed wall. The applicant must provide cross sections which clearly illustrate that the proposed wall can be constructed clear of the property line. The Grading Plan must be amended to illustrate any areas that are subject to ponding under the 100 year storm condition. The storm water drainage works and facilities necessary for this development must be constructed in accordance with the West Side Creek Master Drainage Study. 10.4 There are several existing utility conflicts with the proposed site plan concept including the emergency warning siren for Darlington OPG. The applicant will be required to resolve all utility conflicts, in principle, prior to development approval. 10.5 The applicant proposes to purchase property from the Municipality to accommodate the site entrance directly opposed to West Side Drive. It may be necessary for the applicant to acquire more land than is currently depicted on the site plan to accommodate the entrance. The property acquisition must take place prior to approval of the subject application. 10.6 The proposed easterly site entrance is unsuitable. The entrance radius projects across the east property line of the subject site. The entrance must be modified to a standard symmetrical configuration. Future submissions will not be accepted if this issue is not resolved. The suitability of locating a second entrance to the site in proximity to a signalized intersection will be subject to further review and discussion. 10.7 An 8 metre road widening across the frontage is required to be dedicated to the Municipality. Clarington Emergency and Fire Services 10.8 The Emergency and Fire Services Department has no objection to the approval of this application, provided their comments are implemented at the site plan approval stage should the rezoning application be approved. Clarington Operations Department 10.9 The Operations Department is not satisfied with the proposed merger of the existing access to the stormwater pond south of this site with access to proposed development. The Operations Department also provided comments that can be implemented at the site plan approval stage should the rezoning be approved. Municipality of Clarington Page 12 Resort PSD -011-19 Clarington Building Division 10.10 The Building Division has no objections. 11. Discussion Proposed Commercial Development 11.1 The proposal represents a form of development encouraged for the most part by Provincial, Regional and Municipal policies. It will add 3,643 square metres of commercial floor space in Bowmanville, increasing job opportunities for the community and spurring economic development. Figure 5 illustrates that solar panels would be included as a sustainable design feature of this site, reducing electricity demand from outside sources to serve this site. Figure 5: Proposed development looking southwest from Baseline Road. Parking Provisions 11.2 Policies of the Official Plan direct development to minimize land consumption and limit the number of parking spaces based on available public transit and opportunities for shared parking. The Planning Justification Report states that the development would include 126 parking spaces whereas 145 spaces are required by the Zoning By-law. The report fails to justify the proposed decrease. Further discussion is required with the applicant to determine an appropriate number of parking spaces. Municipality of Clarington Page 13 Report PSD -011-19 Urban Design 11.3 This proposal is being reviewed against the urban design policies of the Official Plan, which provide direction for development located within a Gateway Commercial Centre and can be summarized within the following themes: 11.3.1 Building Design and Streetscape x Proposed buildings will enhance the built environment with attention to massing, building articulation, exterior cladding, architectural detail, the use of local materials and styles; x Have buildings sited near the street line to contribute to a sense of enclosure and a strong street edge; x Enhance the pedestrian environment with awnings, pedestrian scale lighting, landscaping, benches and other street amenities; x Create a consistent building setback from the road and a harmonious architectural style; and Provide safe, well-defined pedestrian walkways from the street to the store entrance and between buildings. 11.3.2 Parking Areas and Landscaping Treatment x Provide sufficient and convenient parking, screened through the use of effective buffer planting; x Mitigate the heat island effect of development by ensuring an appropriate use of material and landscaping to provide shading; and • Provide street trees and other landscaping as part of the development proposal within the public right-of-way. Sustainable Design 11.4 The Clarington Official Plan requires all new development to include sustainable design features. The use of appropriate materials and landscaping to conserve energy and water must be incorporated into the site design. While the proposal includes solar panels to minimize the consumption of energy from the grid, additional green building design and green infrastructure features must be included to comply with Official Plan. These features can include pavements that infiltrate, native species plantings and additional vegetated parking islands. Further, Low Impact Development measures must be used to assist with on-site water infiltration, water quality treatment and energy savings. Municipality of Clarington Resort PSD -011-19 Traffic and the Pedestrian/Cyclist Page 14 11.5 Policies of the Clarington Official Plan direct that new development must integrate access to transit and active transportation modes. The site design must make it easy for pedestrians and cyclists to access the sidewalk, road and transit network available at the site. The design of the intersection of West Side Drive and Baseline Road must contemplate a marked crosswalk connecting the development to the sidewalk, trail network and bus stop across Baseline Road. The revised plan will also need to provide clear connections through the site and incorporate bicycle racks in highly visible and convenient locations. 11.6 Staff will continue to work with the applicant on site design to better align the proposed development with Clarington's urban design and sustainable design policies, while addressing the comments from various departments and agencies. The current proposal does not address all of the relevant policies of the Clarington Official Plan. 12. Concurrence Not Applicable. 13. Conclusion The purpose of this report is to provide background information on the development proposal submitted by 2411 Baseline Limited for the Public Meeting under the Planning Act. Staff will continue processing the application including the preparation of a subsequent report upon resolution of identified issues and receipt of the outstanding items to be submitted by the applicant. G �.r Submitted by: Reviewed Faye Langmaid, RPP, FCSLA Acting Director of Planning Services by: Andrew C. Allison, B. Comm, LL.B CAO Staff Contact: Ruth Porras, Senior Planner/ Urban Designer, 905-623-3379 ext. 2412 or rporras@clarington.net List of interested parties to be notified of Council's decision is on file in the Planning Services Department. Ken Pasricha, 2411 Baseline Limited Michael Fry, D.G.Biddle & Associates Limited