HomeMy WebLinkAboutPSD-043-14 •
Lea REPORT
PLANNING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 23 , 2014 Resolution #:GV>tA- t}� `1�By-law #: a0\t{- C) tD_
Report#: PSD-043-14 File #: COPA 2013-0003; ZBA 2013-0029
Subject: APPLICATIONS FOR AN OFFICIAL PLAN AMENDMENT AND REZONING
TO PERMIT A DRIVE-THROUGH RESTAURANT, A RESTAURANT,
A BANK WITH A DRIVE-THROUGH AND TWO OFFICE BUILDINGS,
ONE WITH GROUND FLOOR RETAIL AND RESTAURANT USES
OWNER: 668390 ONTARIO LTD. (KAITLIN CORPORATION)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-043-14 be received;
2. THAT Amendment No. 97 to the Clarington Official Plan (Attachment 1 to Report PSD-
043-14), be approved and that the related By-law in Attachment 2 be passed;
3. THAT Amendment No. 97 be forwarded to the Regional Municipality of Durham for
approval;
4. THAT the Zoning By-law Amendment contained in Attachment 3 to Report PSD-043-14, be
approved;
5. THAT a By-law lifting the Holding (H) Symbol be forwarded to Council once Site Plan
Approval has been granted for the various phases;
6. THAT the Durham Region Planning and Economic Development Department and
Municipal Assessment Corporation be forwarded a copy of Report PSD-043-14 and
Council's decision; and
7. THAT all interested parties listed in Report PSD-043-14 and any delegations be advised of
Council's decision.
ti
Submitted by: Reviewed by: �A,
Da ' Crome, MCIP, RPP Franklin Wu,
Dire or of Planning Services Chief Administrative Officer
RP/CS/df
June 18, 2014
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: PSD-043-14 PAGE 2
1. APPLICATION DETAILS
1.1 Owner: 668390 Ontario Ltd.
1.2 Applicant/Agent: Kaitlin Corporation
1.3 Proposed Amendments:
Official Plan Amendment:
A site specific amendment to the Secondary Plan is requested by the
applicant to:
• increase the maximum gross leasable floor area permitted for retail
and service uses on the ground floor of an office building
• permit stand alone service commercial buildings;
• increase the number of financial institutions in the West
Bowmanville Town Centre from 2 to 3.
Zoning By-law Amendment:
To rezone the subject lands from "Agricultural (A)" Zone to a site
specific zone to permit the proposed office, retail and service
commercial development.
1.4 Description of Proposal:
The proposal is to develop an office commercial site which will contain:
• a three storey office commercial building (Building A) that contains
retail and service commercial uses on the ground floor;
• a two storey office building (Building B); and
• three stand-alone service related commercial buildings (Buildings
C, D, E) two of which propose drive-throughs (See Figure 1).
The total office commercial floor area proposed is 2,889 sq. m., making up 61% of the
total floor area. The breakdown of the gross floor area is as follows:
TABLE 1: Prop osed Building Areas
Proposed Retail/Service Office Official Plan Amendment Required
Building Commercial GFA GFA
Building A 758 m2 1,516 m2 - not required for office uses
3 storey office (8,159 ft2) (16,318 ft2) - required for amount of retail and service
commercial commercial uses on the ground floor
Building B Nil 1,373 m2 - not required
Office 14,779 ft2
Building C 173 m2 Nil - not required for use
1 storey (1,862 ft2) - required to allow a stand alone commercial building
restaurant
Building D 465 m2 Nil - not required for use
1 storey Bank (5,005 ft2) - required to allow a stand alone commercial building
- required for exceeding the number of banks
permitted in the Bowmanville West Town Centre
Building E 445 m2 Nil - not required for use
1 storey (4,790 ft2) - required to allow a stand alone commercial
Restaurant building
Total 1,841 m2 2,889 m2
19,816 ft2 (31,097 ft2
REPORT NO.: PSD-043-14 PAGE 3
1.5 Area: 1.52 Ha (3.76 acres)
1.6 Location: The site is located on the southwest corner of Durham Highway 2
and Regional Road 57. The subject lands are located in Part Lot 15,
Concession 1, former Township of Darlington. The municipal
address is 1 Martin Road, Bowmanville (Figure 1).
FIGURE 1: Key Map
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2. BACKGROUND
2.1 On October 9, 2013, Kaitlin Corporation submitted applications on behalf of 668390
Ontario Ltd., to amend the Official Plan and Zoning By-law to permit the development
as described in Section 1.4. The application was deemed complete on October 25,
2013. The applicant is proposing to keep the Office Commercial designation on the
subject lands, however is requesting site specific amendments to accommodate their
proposal. A proposal has been submitted which shows the possible site layout as
shown on Figure 1, however a site plan application has not been submitted. The
studies submitted in support of the application are summarized in Section 7 of this
report.
REPORT NO.: PSD-043-14 PAGE 4
3. LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The property is a vacant site which is elevated from the road/sidewalk (Figures
2 and 3).
Figure 2: Regional Road 57 looking North
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Figure 3: Durham Highway 2 looking East
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3.2 The surrounding uses are as follows:
North — Garnet B. Rickard Recreational Complex across
Durham Highway 2
South — Vacant land planned for future extension of Prince William Boulevard and
designated for Mid-rise High Density Residential. The future proposed GO
station is also located southwest of the subject site
East — Vacant land across Regional Road 57 which is designated Office
Commercial
West — Church of Jesus Christ of Latter Day Saints and a designated future
neighbourhood park. To the west of the park, lands are designated Mid-
rise High Density Residential (along Pethick Street).
REPORT NO.: PSD-043-14 PAGE 5
4. PROVINCIAL POLICY
4.1 Provincial Policy Statement
4.1.1 The Provincial Policy Statement provides a framework to guide development within
Municipalities. When building strong communities, the Province supports efficient
development and land use patterns which sustain the financial well-being of the
Province and Municipality over the long term, particularly in areas where existing
infrastructure can be utilized. The proposed development is within a settlement area of
the Municipality. Settlement areas shall be the focus of growth and their vitality and
regeneration shall be promoted. Land use patterns within settlement areas shall
support a mix of land uses in a compact form. The proposal is generally consistent with
the growth and economic prosperity policies of the Provincial Policy Statement by
providing a mix of office, retail and service uses within the Town Centre. The
application would benefit from a higher density built form to further enhance the Town
Centre.
4.2 Provincial Growth Plan
4.2.1 The Provincial Growth Plan also provides a framework for accommodating growth. A
fundamental priority of the plan is to encourage intensification of under-utilized urban
lands with existing infrastructure, in order to create vibrant communities. The
Provincial Growth Plan promotes the creation of compact, complete communities that
are transit supportive and pedestrian-friendly. In addition, the Provincial Growth Plan
requires that population and employment growth be directed to the built-up areas of the
community to utilize existing municipal services and infrastructure and to optimize
underdeveloped land.
4.2.2 The subject site is identified as being located on a "Regional Corridor" in the Durham
Regional Official Plan. The Provincial Growth Plan also recognizes intensification
corridors as key areas to concentrate development. The proposed development
generally conforms to the Growth Plan by utilizing vacant land within Bowmanville's
"Built Boundary" and supporting development within corridors. The proposal has the
potential to facilitate an increase in density.
5. OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the subject lands as "Regional Centre".
Regional Centres shall be planned and developed as the main concentrations of urban
activities providing a fully integrated array of institutional, commercial, major retail,
residential, recreational, cultural, entertainment and major office uses. Regional
Centres shall support the overall, long-term targets by having a floor space index of 2.5.
Conformity with the Regional Official Plan is further outlined in the Regional comments
of this Report (Section 9.2).
REPORT NO.: PSD-043-14 PAGE 6
5.2 Clarington Official Plan
5.2.1 The Clarington Official Plan designates the subject lands as "Town Centre" which permits
an array of retail and personal service, office and residential uses. Town Centres are to
be developed as the main concentration of urban activity in the community and function as
the focal point of culture, art, entertainment, civic gathering, and are to be places of
symbolic and physical interest for residents, and foster a sense of local identity.
5.2.2 The Clarington Official Plan identifies the intersection of Durham Highway 2 and Regional
Road 57 as a prominent intersection which requires buildings to be designed to provide a
community focal point. This may be achieved by having massing and height sufficient to
emphasize the importance of the intersection. Durham Highway 2 and Regional Road 57
is also identified as a prominent intersection which Council deems to have visual
significance for gateway to the community (Section 10.9.3).
5.2.3 Bowmanville West Town Centre Secondary Plan
The Bowmanville West Town Centre Secondary Plan was approved as a more detailed
planning document designed to guide land use, community design, and transportation
(See Figure 4: Secondary Plan). Under the Secondary Plan, the site is designated
"Office Commercial". The "Office Commercial' area is to provide appropriate office
employment opportunities in addition to residential and commercial uses at a highly
visible location in the West Town Centre. Only two sites in Clarington have this
designation both located at the intersection of Durham Highway 2 and Regional Road
57. The permitted uses in the Office Commercial designation include:
• office uses including: corporate; business; professional; administrative; and
government offices.
• hotel and convention facilities.
• institution and community uses including social, recreational, educational and
cultural facilities; day care and nursery facilities.
• retail and service uses provided they are accessory to the primary office use, are
located on the ground floor of such building and the gross leasable floor area does
not exceed 20% of the ground floor area of such building or 200 sq. m, whichever is
the lesser of the two.
• residential dwelling units up to a maximum of 150 units per hectare on the
development site.
5.2.3.1 The Bowmanville West Town Centre Secondary Plan limits the number of full service
banks or financial institutions to a maximum of two for the entire Bowmanville West Town
Centre Secondary Plan area.
5.2.3.2 A public street (Street F) is identified in the Bowmanville West Town Centre Secondary
Plan along the west side of the subject site extending between Highway 2 and Prince
William Boulevard.
5.2.4 The Urban Design policies of both the Clarington Official Plan and Secondary Plan
regarding Town Centres and prominent intersections apply to this proposal. These
policies provide direction regarding definition of the street edge, building placement,
building massing and height, and pedestrian environment to achieve development that
contributes to the function of Durham Highway 2 as the Main Street of the Bowmanville
West Town Centre (See attachment 4 for the summary of these urban design policies).
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REPORT NO.: PSD-043-14 PAGE 8
6. ZONING BY-LAW
Zoning By-law 84-63 zones the subject lands Agricultural (A) Zone. The applicant has
applied for a site specific Zoning By-law amendment to permit the proposed
development.
7. SUMMARY OF BACKGROUND STUDIES
7.1 Phase 1 Environmental Site Assessment prepared by GeoLogic Inc.
A Phase 1 Environmental Site Assessment was prepared in support of the proposal by
GeoLogic Inc. The Phase 1 Environmental Site Assessment identified areas of
potential environmental concern and contamination. A Phase Two Environmental Site
Assessment is required prior to the lands being developed.
7.2 Traffic Impact Study prepared by Tranplan Associates Ltd.
The Traffic Impact Study indicates that the Durham Highway 2 and Regional Road 57
intersection is operating at capacity. Other than adding more lanes to increase the
capacity the intersection by itself does not have a simple solution. Mitigation measures
are needed as part of the overall planning for the community. According to the
consultant, these mitigation measures include the extension of Prince William
Boulevard to Regional Road 57 and of Green Road to the south, via the CP Rail
underpass which is under construction. It is anticipated that these mitigation measures
will provide relief to the Durham Highway 2 and Regional Road 57 intersection.
The Traffic Impact Study further stated that the proposal to convert Street "F" into an
internal driveway route instead of a through public street will deter drivers from cutting
through the subject site to avoid the intersection of Durham Highway 2 and Martin Road
57. The Traffic Impact Study also stated that Street "F' is located approximately 180
metres from the intersection of Durham Highway 2 and Regional Road 57 and that this
spacing does not conform to the Region of Durham Guideline for intersection spacing of
Arterial Roads. In addition, the study indicates that the proposed layout will facilitate
internal circulation of the site.
7.3 Planning Rationale Report prepared by The Biglieri Group Ltd.
The Planning Rationale Report stated that the proposal is consistent with the Provincial
Policy Statement and conforms to the Provincial Growth Plan, the Region's Official
Plan, and the overall intent of the Clarington's Official Plan and Secondary Plan.
The study stated that the proposed land use will not negatively affect the existing and
planned uses surrounding the subject site. It also indicated that the site is well located
for the office commercial use because it is vacant and therefore underutilized given its
prominent location. This proposal will result in an appropriate form of development that
will be compatible with its broader and immediate context. In addition, the proposal
contributes to the appropriate use of a currently vacant parcel of land within the urban
boundary. The proposed development will contribute to the economic development of
the Bowmanville West Town Centre by providing employment opportunities, as well as
service and retail commercial uses for the benefit of current and future residents.
REPORT NO.: PSD-043-14 PAGE 9
7.4 Financial Institution Space Analysis prepared by Urban Metrics Inc.
The Financial Institution Space Analysis indicated that market demand for financial
institutions grows in direct relation to the population. Based on the current population
the market could support a bank on the site. It went on to say that the two remaining
banks in the downtown would not be impacted by the introduction of an additional bank
in the Bowmanville West Town Centre.
A bank would fit in well with the office, retail and service uses proposed at this location.
The inclusion of a bank would also facilitate the design of a node, and contribute to a
more dynamic land use pattern at this location.
7.5 Functional Servicinq Brief prepared by D.G. Biddle Associates
A Functional Servicing Brief identified no infrastructure constraints that would preclude
development on this site.
8. PUBLIC NOTICE AND SUBMISSIONS
8.1 A Public Meeting was held on December 9, 2013. Public notice was given by mail to
each landowner within 120 metres of the subject site and to the Historic Downtown
Bowmanville Business Area (Bowmanville Improvement Area).
8.2 Two public meeting notice signs were installed on the property. The public notice was
also posted on the Municipality's website and in the Planning Services electronic
newsletter.
8.3 At the time of writing this report and during the Public Meeting, the following concerns
were indicated:
General Concerns from Developers in West Bowmanville
• Concerns with the lengthy approval process and planning restrictions that have
slowed the development within the Bowmanville West Town Centre.
• Need to treat all commercial development within the Bowmanville West Town
Centre in a consistent manner.
• Concerns with unit sizes restrictions in the Bowmanville Shopping Centres
development that make it difficult to lease remaining units in the Centre.
• Need to lift bank restrictions for the entire Bowmanville West Town Centre as
there is a demand for additional banking institutions in the area.
Project Specific Concerns
• Impact of the proposed development on Clarington's traditional downtowns.
• The additional bank and restaurants will create too much competition for other
landowners in West Bowmanville.
8.4 A letter from Bowmanville Shopping Centres (Smart Centres) was received on
December 19, 2013. The letter stated that due to the two bank limitations their site has
not been able to accommodate a bank and that any consideration to allow for additional
bank or unit size should be reviewed comprehensively throughout the entire
Bowmanville West Town Centre. They feel that current policies should be revised, and
REPORT NO.: PSD-043-14 PAGE 10
need to consider new policies which better reflect the growing and changing needs in
the Bowmanville West Town Centre area.
8.5 Staff of the Planning Services Department met with the Historic Downtown Bowmanville
Business Improvement Area Committee at their regular meeting on Tuesday, March
11th. At this meeting Planning Staff provided updates on commercial developments
throughout Bowmanville.
9. AGENCY COMMENTS
9.1 Central Lake Ontario Conservation Authority
The Central Lake Ontario Conservation Authority has no objection to the proposal.
They have advised that a stormwater management report along with site grading,
drainage and servicing plans, as well as sediment and erosion control plans will be
required through the site plan process.
9.2 Region of Durham Planning and Economic Development Department
The Planning and Economic Development Department advised that the Official Plan
Amendment application is not exempt from Regional approval based on the following
comments:
• The Regional Centres in Clarington are the highest-order land use within the
Municipality and should develop as the main concentration of urban activities.
• Development within the Bowmanville West Town Centre should strive to achieve
the greatest possible densities and urban form.
• Regional Centres shall support the overall, long-term Region of Durham Official
Plan targets by having a floor space index of 2.5.
• Regional Official Plan policies also encourage staff and Councils of the area
municipalities to ensure policies for higher density, mixed use development within
the Regional Centres are achieved.
• The subject property is within the vicinity of a future Transportation Hub. King Street
is designated as a Transit Spine and is one of the most significant transit corridors
within the Region linking the Transportation Hubs. The King Street corridor should
be developed to its fullest potential.
• All Regional Official Plan Policies with respect to the designated arterial roads and
transportation network within the vicinity of the subject lands support high density,
mixed use development that promote higher-order transit services and pedestrian
oriented development.
• Staff encourage the Municipality to explore options to provide further intensification
on the site given the proposal falls well below the 2.5 floor space index required in
the Regional Official Plan.
• Retain building frontage requirements in the Bowmanville West Town Centre
Secondary Plan.
• The subject lands are a rare development opportunity within the Regional Centre
designation. The property provides a unique opportunity to develop distinct,
intensive, mixed-use urban form within the Municipality.
• A record of Site Condition is required following the completion of a Phase two
Environmental Site Assessment report prior to any development on the subject site.
REPORT NO.: PSD-043-14 PAGE 11
9.3 Region of Durham Works Department
• Servicing
Municipal water supply is available from the existing watermain and sanitary sewer
located at Pethick Street and Prince William Boulevard. The watermain will require
extension along the future Prince William Boulevard alignment connecting to the
existing watermain on the east side of Regional Road 57. The sanitary sewer will
require extension along the future Prince William Boulevard alignment such that all
lands west of Regional Road 57 can be serviced.
• Transportation
There are several aspects of the Traffic Impact Study that do not meet the
requirements of the Region's traffic impact studies. The Region requests that these
comments be addressed in a traffic impact addendum report as part of the site plan
process.
• The Regional Works Department provided preliminary technical comments
regarding on-site traffic, Regional design and construction standards, including
transit supportive design guidelines to promote transit use and active transportation
are to be addressed at the site plan stage.
10. DEPARTMENT COMMENTS
10.1 Engineering Services Department
Engineering Services has no objection, in principle to the proposal. Prior to final
approval of the subject site plan the applicant will be required to satisfy the Engineering
Services Department regarding the following concerns and conditions:
• Traffic
A Traffic Impact Study has been submitted in support of this application. The
Traffic Impact Study has been reviewed by the Director of Engineering Services.
The Municipality of Clarington finds the report to be acceptable as it pertains to
Clarington issues. It is our understanding that the Region has requested a revised
Traffic Impact Study to address some Regional issues. The revised report will be
subject to Clarington's review and approval at that time.
Any road network or intersection improvements deemed necessary by the Director
of Engineering Services or the Region of Durham to facilitate the development will
be constructed by the applicant at 100% their cost.
• Prince William Boulevard Extension
The applicant will be responsible for 100% of the cost of construction of Prince
William Boulevard from its existing east terminus to Regional Road 57, to a full
urban standard. If this development is phased, the road must be constructed in its
entirety during the initial phase of the development. The Municipality will cost
share for oversizing of the road. Further discussion of this matter between the
Municipality and the applicant is required.
REPORT NO.: PSD-043-14 PAGE 12
• Grading
A preliminary grading plan has been submitted in support of the application. The
grading plan must be compatible with adjacent lands, perimeter road grades,
future road grades and must meet the intent of the West Side Creek Master
Drainage Study. There is a significant grade at the north end of the site down to
the Regional Road 57 road allowance. The treatment of this grade with the
development of the commercial buildings will be subject to further discussion with
the municipality as part of the site plan process.
• Servicing
Water, sanitary sewer and storm sewer services will be provided to this site from
the Prince William Boulevard extension. A Functional Servicing Report has been
submitted which is acceptable in principle. Full engineering review of the servicing
will occur at the detailed design stage of the construction of Prince William
Boulevard in conjunction with the site plan application for the subject site.
• Stormwater Management
The Functional Servicing Report confirms that the subject site is included in and
does conform to the Westside Creek Master Drainage Study in terms of
stormwater quantity and quality and that the runoff will be controlled by the
existing infrastructure.
• Sidewalks
A pedestrian sidewalk connection must be provided from the Regional Highway
2/Regional Road 57 intersection to the site at 100% cost to the applicant and to
the satisfaction of the Director of Engineering Services and the Region of Durham.
The applicant will also be required to provide pedestrian connectivity to the future
residential lands to the west. The applicant will also be required to provide a
sidewalk on the west side of Regional Road 57 from the south side of Prince
William Boulevard to Durham Highway 2.
11. DISCUSSION
11.1 The applicant's proposal does not implement the goal of higher intensity development
in Town Centres.
11.1.1 The Durham Regional Official Plan designates the subject lands as "Regional Centre".
Regional Centres are to develop as the main concentration of urban activity providing
a fully integrated array of mix of uses. The property is located at a prominent
intersection in the Bowmanville West Town Centre. The Municipality shall strive to
achieve the greatest possible densities and urban form consistent with Regional
Official Plan long term targets.
REPORT NO.: PSD-043-14 PAGE 13
11.1.2 The Region of Durham Official Plan established an overall, long-term target of 2.5 floor
space index (f.s.i.) for Regional Centres. The applicant's original proposal was
designed with an f.s.i. of 0.3, comparable to a traditional shopping plaza.
11.1.3 This site is a key location in the Municipality and it should be developed as a higher
density development site that significantly moves in the direction of implementing
Regional targets from the onset; not at a further redevelopment stage.
11.2 The applicants proposal does not implement the objective of establishing at Transit
Node around the future GO Rail Station.
11.2.1 The Bowmanville GO Rail Station is identified at a Transportation Hub in the Regional
Official Plan. Transportation Hubs are to be developed with higher density and mixed
uses at an appropriate scale and context. While a wide variety of buildings are
possible, they would be generally mid-rise in height with some higher buildings.
11.2.2 Since the identification of the GO Rail Station site in 1994, the Municipality has
designated lands around it at higher densities to implement the concept of a
transportation hub or node.
11.2.3 The proposal, even with the two office buildings, only yields an fsi of 0.3 and very
limited employment opportunities relative to its potential. Staff view this site as
critically important for the development of the Bowmanville West Town Centre, even
though it was recognized that it may take years to achieve this. It is a site that should
not be squandered with the form of development proposed in this application. It would
be better to remain vacant until after GO Rail is extended rather than developed now
for short-term gain.
11.3 There would be no adverse impacts from allowing ground floor retail uses in office
buildings.
11.3.1 The Secondary Plan currently permits a minimal amount of retail uses on the ground
floor of office buildings within the Office Commercial designation. Retail and service
uses are limited to 20% of the ground floor of an office building or 200 m2 whichever
is the lessor. This policy was established in 1993 in recognition of the predominance
of retail development in other areas of the Bowmanville West Town Centre and
concern for further impacts on the historic downtown. At the same time, retail
thresholds were established to link commercial growth to population growth.
11.3.2 The approach to commercial planning in Clarington was reviewed in the Commercial
Policy Review Report. The concept phasing of commercial space to avoid an adverse
impact on the historical downtown area and the East Town Centre was retained. This
resulted in the amended retail threshold policies which were linked to the growth of the
population in the Municipality.
11.3.3 The retail and service floor space limits for the Bowmanville West Town Centre is to
proceed in an incremental fashion and further retail space would not be zoned until
Clarington's population has reached 91,000 persons. The Region of Durham's short
term population estimates indicate this threshold was reached at the end of 2012.
11.3.4 It should be noted that the retail impact study assumed that the major retail sites would
all be completely developed and operating. This includes the SmartCentres, Halloway-
REPORT NO.: PSD-043-14 PAGE 14
Bowmanville, Halloway-Courtice and Torgan sites None of the sites are fully developed
and two are vacant.
11.3.5 The ground floor of the first two proposed office buildings amount to 1,100 m2 (12,000
sq. ft.) per building. This would amount to a relatively minor additional retail and
personal service floorspace that would be phased in likely over a period of several
years. Additional space would be added over an extended period.
11.4 Ground floor retail uses would increase the viability of office building construction and
the vitality of the urban environment.
Vibrant Town Centres are designed for an active street life, including both pedestrian
amenities and activated store fronts oriented to streets. One of the elements missing
from the initial West Town Centre Plan was consideration of this in the Office
Commercial Area. By limiting retail uses, for reasons described above, it would lead
to a more sterile urban environment of offices that is only active 8 hours a day, 5 days
a week. Allowing for retail and service uses to fully occupy the ground floor, a more
active street life can be created which includes a variety of uses.
The limitation on the amount of retail floorspace also limits the opportunity for the
office buildings constructed. The ground floor retail and service tenants attract a
higher paying and more readily available tenants that help to support the viability of
constructing an office building.
11.5 Buildings should be a minimum of 4 storeys tall at this prominent intersection and
could be up to 8 storeys.
The applicant's proposed a 3 storey office building, a two storey office building and a
number of stand-alone one storey buildings, some with drive-throughs. This form of
development is fundamentally contrary to the Municipality's vision for these lands. It
does not conform to the Growth Plan or the Regional Official Plan.
The recommended Amendment requires that all building within this designation be a
minimum of 4 storeys tall. It contemplates that higher buildings could be constructed
over time with the introduction of underground parking. It is also possible that
residential uses could also be permitted within this designation, provided that two
floors of the building are occupied by retail and service uses.
11.6 Additional financial institutions could be permitted but only as part of an office building.
11.6.1 The number of banks permitted in the Bowmanville West Town Centre is limited to the
two banks that are already operational in that area (TD Canada Trust and Scotia
Bank). The objective of this policy was to prevent the remaining banks from leaving
historic downtown Bowmanville.
11.6.2 The Financial Institution Space Analysis Study that was prepared for this application
indicates that:
"The market could support a bank on the Kaitlin site with the overall
demand for financial institution space continuing to increase with the
growing population in Clarington. It is our opinion that the two
remaining banks in the downtown would not be impacted and that the
existing banks in Bowmanville, including those in the downtown,
would be able to support additional branches in the community.
REPORT NO.: PSD-043-14 PAGE 15
With the type of uses proposed on the Kaitlin site, a bank on this site
would fit in well with the proposed office uses at this location. The
inclusion of a bank would also facilitate the design of a mixed-use
node, and contribute to a more dynamic land use pattern at this
location."
Based on this analysis, staff recommend that the limitations on banks in the
Bowmanville West Town Centre be amended to permit one bank to operate on the
subject site but only as part of an office building. This would help to kick start the
tenancy of such a building and provide for on-site banking services for office tenants.
The Municipality could monitor and evaluate the impacts of permitting additional banks
in the Bowmanville West Town Centre before considering other sites within West
Bowmanville under similar conditions.
11.7 The future public street (Street F) on the west side of the site should be retained.
11.7.1 The applicant's proposal would eliminate Street F and use a private driveway. The
need for Street "F" has been reviewed in relation to the long term needs for
development and intensification.
11.7.2 The planned grid road system is critical to the established vision and function of
Durham Highway 2/King Street as a 'main street' through the Bowmanville West Town
Centre. The intent of the grid pattern is to accommodate denser mixed use
development. In addition, an easily understood grid of streets provides direct
pedestrian and bicycle connectivity and accessibility to the existing and future
commercial, medium and high density residential uses, as well as to the community
facilities. Therefore, development on the subject lands should incorporate this public
street into the design of the site.
11.7.3 It is recommended that Street F be maintained and implemented through the site plan
process.
11.8 Amendments to Official Plan and Zoning By-law
11.8.1 The original proposal by Kaitlin is not in conformity to the Growth Plan for the Greater
Golden Horseshoe, the Durham Regional Official Plan and the general objectives for
the Bowmanville West Town Centre. After considerable discussion, Kaitlin is in
agreement with the amendments that Staff are willing to support specifically:
• Permission for one additional bank
• Removal of the restriction of the amount of retail and personal service floorspace
on the ground floor of an office building
• A minimum height of 4 stories
• Street-related buildings
11.8.2 Amendment 97 incorporates the above amendments. Addtionally, a new Official
Commerical zone is prepared for this site and can be utilized in future Office
Commercial sites.
11.9 Taxes payable to the Municipality of Clarington are outstanding. The proposed
Clarington Official Plan amendment (Attachment 1), and Zoning By-law
REPORT NO.: PSD-043-14 PAGE 16
(Attachment 3) should not be approved until confirmation that the taxes are up to date
have been received.
12. CONCURRENCE — Not Applicable
13. CONCLUSION
13.1 Staff do not support the application as submitted by Kaitlin. However, staff are
supportive of the establishment of office, retail and service commercial uses and
further intensification on the subject site in a way that shall be consistent with the
objectives of the Provincial Statement, Provincial Growth Plan, the Durham Regional
Plan and Clarington Official Plan.
13.2 Taking into consideration all the public and agency comments received, and based on
a thorough review of the Applicant's proposal, it is respectfully recommended that:
• the Clarington Official Plan Amendment (Amendment No. 97) as contained in
Attachment 1 to Report PSD-043-14, be approved and that the related By-law in
Attachment 2 be passed;
• the Clarington Official Plan Amendment (Amendment No. 97) be forwarded to the
Regional Municipality of Durham for approval;
• the Zoning By-law Amendment as contained in Attachment 3 to Report PSD-043-
14, be approved;
• A By-law lifting the Holding (H) Symbol be forwarded to Council once Site Plan
Approval has been granted for the various phases.
CONFORMITY WITH STRATEGIC PLAN
The recommendations contained in this report conform to the general intent of the following
priorities of the Strategic Plan:
X Promoting economic development
Maintaining financial stability
Connecting Clarington
Promoting green initiatives
Investing in infrastructure
Showcasing our community
Not in conformity with Strategic Plan
Staff Contact: Ruth Porras, Senior Planner/Urban Designer; Nicole Granzotto, Planner;
Attachments:
Attachment 1 — Proposed Official Plan Amendment
Attachment 2 — Clarington Official Plan Amendment Adoption By-law
Attachment 3 — Proposed Zoning By-law Amendment
Attachment 4 — Summary of Urban Design Policies
REPORT NO.: PSD-043-14 PAGE 17
List of interested parties to be advised of Council's decision:
668390 Ontario Ltd. Ornella Richichi, SmartCentres
Kelvin Whalen, Kaitlin Corporation Beth Kelly, Valiant Rental Property
Anne Messore, SmartCentres Tony Biglieri, The Biglieri Group Ltd.
Jenny Lee, SmartCentres Nikolas Papapetrou, SmartCentres
Bowmanville BIA, c/o Edgar Lucas Rob Walker, KWA Site Development Consulting
Bowmanville BIA, c/o Garth Gilpin Inc.
ATTACHMENT 1
TO REPORT PSD-043-14
AMENDMENT NO. 97
TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN
Purpose: The purpose of this Amendment to the Bowmanville West Town Centre
Secondary Plan is to amend the policies as they affect 1 Martin Road to
broaden the range of land uses and strengthen the implementation of
the Transportation Hub and Regional Centre policies of the Regional
Official Plan.
Location: The subject site is located at the southwest corner of Highway 2 and
Martin Road, municipally known as 1 Martin Road, in Bowmanville,
former Township of Darlington.
Basis: This Amendment is based on the policies of the Growth Plan for the
Greater Golden Horseshoe and the Durham Regional Official Plan.
Actual Amendment: The Bowmanville West Town Centre Secondary Plan is hereby amended
as follows:
i) By amending subsection 4.5 as follows:
"4.5 Notwithstanding any other provision of this Plan, only three full-
service banks or financial institutions are permitted in the
Bowmanville West Town Centre, one being located on lands
municipally known as 1 Martin Road."
ii) By deleting subsections 7.2.1 d) and e) replacing it as follows:
7.2.1 d) Retail and service uses provided that there are accessory to
the primary office use, and are located on the ground floor of such
building. For the lands on the east side of Regional Road 57, the
gross leasable floor area shall not exceed 20% of the ground floor
area of such building or 200 square metres, whichever is the lessor.
e) Residential dwelling units as follows:
i. For the lands on the east side of Regional Road 57, the
maximum density is 150 units per hectare on the net
development site.
ii. For the lands on the west side of Regional Road 57, the
designated lands must have a minimum of 8,000 m2 of existing
office building space, the minimum height is 8 stories and the
ground floor must be occupied by retail and personal service use."
iii) By adding a new subsection 7.2.3 to the Office Commercial policies as
follows and by renumbering subsequent subsections accordingly:
7.2.3 Notwithstanding Section 7.2.2, for the lands municipally known
as 1 Martin Road, the minimum height for all buildings is four storeys."
iv)By adding to the newly renumbered subsection 7.2.5 a new provision
as follows:
"c) On lands municipally known as 1 Martin Road, buildings will be
designed and the site will be graded so that buildings will be
ATTACHMENT 1
TO REPORT PSD-043-14
located generally at grade with the adjacent sidewalk on the
public street."
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 REPORT PSD-043-14
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2014-
being a By-law to adopt Amendment No. 97 to the Clarington Official Plan
WHEREAS Section 17 (22) of the Planning Act R.S.O. 1990, as amended, authorizes
the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans
and Amendments thereto;
AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems
it advisable to amend the Bowmanville West Town Centre Secondary Plan to permit the
development of a minimum four storey office building containing retail and service
commercial uses, including one bank or financial institution, on the ground floor; and
residential dwelling units within a minimum eight storey building containing retail and
service uses on the ground floor;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That Amendment No. 97 to the Clarington Official Plan being the attached
Explanatory Text is hereby adopted.
2. This By-law shall come into force and take effect on the date of the passing
hereof.
BY-LAW passed in open session this day of , 2014.
Adrian Foster, Mayor
Anne Greentree, Municipal Clerk
ATTACHMENT 3
TO REPORT PSD-043-14
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2014-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the former Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA 2013-0029;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. By adding a new Section 22C Office Commercial (OC) Zone as follows:
"22C. OFFICE COMMERCIAL (OC) ZONE
22C.1 Section 22C applies to lands zoned OC by this By-law or any OC
exception zone, unless otherwise specified.
a. For the purposes of Section 22C, the term:
i) Community Facility means those land uses which have the
potential to attract a large volume of people for a not-for-profit
service or event. This land use category includes:
• Municipal facilities including library, fire, and police stations;
• Public recreation facilities, parks and squares;
• Public or private schools; and
• Places of worship or assembly halls.
• Cultural Centre
• Social, educational and cultural facilities
ii) Drive-through Facility means the use of land, buildings or
structures, or part thereof, to provide or dispense products or
services, either wholly or in part, through a window or an automatic
machine, to customers remaining in motor vehicles, which are
located in a stacking lane.
iii) Eating Establishments means all restaurants irrespective of the
format (i.e. sit-down restaurant, take-out restaurant).
iv) Frontage Percentage means the percentage of the respective
width of the lot that is required to be occupied by the building's
facade. In the event that a single building, or the first phase of
construction, is not capable of meeting this requirement, it must be
demonstrated, by way of a phasing plan, that this requirement can
be met in the future through the construction of a subsequent
building(s). In this scenario, the maximum depth of the first building
may not exceed 50% of the length of the proposed building along
the frontage.
v) Gathering Places means those land uses which have the potential
to attract a large volume of people for a for-profit service or event
which is not proportinately associated with the number of staff
members of the respective business. This land use category
includes:
• Place of Entertainment
• Auction Centre
• Banquet Hall
• Convention Centre
• Fitness Centre
• Private Club
• Voluntary Instructional Studio (i.e. dance, martial arts, etc.)
vi) Office means any commercial use. Unless otherwise stated, this
land use category includes:
• Professional Service (Finance, Insurance, Real Estate, Legal)
• Medical Office / Clinic
• Para-Medical Office (Registered massage therapist,
Psychologist, Midwife)
• Dental Office
vii) Place of Entertainment means a motion picture or other theatre,
billiard hall, bowling alley, ice or roller skating rink, dance or music
hall, arcade, indoor mini-golf, laser tag, indoor paint ball, climbing
wall, etc.
viii) Primary facade means the facade of a building which faces
Regional Highway 2.
ix) Retail means any commercial use which is primarily focused on
offering products for sale to the general public. Unless otherwise
stated, this land use category includes:
• Supermarket
• Markets
• Seasonal Garden and Nursery Centre accessory to a permitted
non-residential use
• Convenience Store
• General Merchandise Store
• Home Improvement Store
X) Secondary facade means the facade of a building which faces
Regional Road 57.
A) Service means any commercial use which is primarily focused on
offering an activity for sale to the general public as opposed to a
product (i.e. retail). This land use category includes:
• Eating Establishments
• Bar
• Financial Institution
• Business Services (Printing, etc.)
• Commercial School
• Day Care Centre
• Dry Cleaning
• Light Service Shop
• Personal Service
xii) Storey means the usable area of a building measured on a vertical
scale containing a specific floor or level that can be distinguished by
another floor or level. Each storey must comply with Ontario
Building Code requirements for occupancy.
22C.2 PERMITTED USES
The following uses are permitted within the Office Commercial (OC) Zone,
subject to the applicable zoning provisions.
a. Permitted Uses
Permitted Uses Office Commercial (OC) Zone
Office Y
Retail Y
Service Y
Hotel Y
Residential Y
Community Facilities Y
Gathering Places Y
= Only permitted within the first and/or second storey and may not occupy more than
50% of the gross floor area of a building.
b. In addition to the permitted uses in Section 22C.2 a., office uses of no less
than 2,230 m2 in gross floor area shall be provided on each individual site
within an Office Commercial Zone prior to or simultaneously with any other
use permitted.
c. Financial institution (bank) is prohibited except for lands identified as 1 Martin
Road, roll no 181701002016000.
d. Notwithstanding Section 22C.2 a., residential uses shall only be permitted
provided the residential building contains retail and service commercial uses
on the ground floor and office buildings comprising a minimum of 8,000 m2
have been constructed and occupied.
e. Accessory buildings are not permitted
22C.3 REGULATIONS FOR PERMITTED USES
a. Building Location
Front Setback (maximum) 3.5 metres
Exterior Side Yard Setback (maximum) 3.5 metres
Interior Side Yard Setback 3.5 metres
(maximum)
- First two storeys
Interior Side Yard Setback 5.0 metres
(maximum)
- Third storey and higher
Rear Setback (maximum) 5.0 metres
b. Lot Coverage (maximum) 75%
c. Building Form
Minimum Height Residential 8 storeys
Minimum Height Other 4 storeys
Separate entrance required for residential Y
uses
Transparent Glazing (minimum) 60% of the first storey
Frontage Percentage (minimum) - 50%
Primary Facade
Frontage Percentage - Secondary N/A
Facade
Building Podium All floors above the second
storey shall be setback a
maximum of 3.0 metres along
the street-fronting elevation(s)
and each storey shall contain a
floor area equal to no less than
75% of the ground floor area.
d. Landscaped Open Space (minimum)
Landscaped Open Space 10%
Perimeter landscape widths (m)
Front 3.5
Exterior Side 3.5
Interior Side 3.5
Rear 3.5
e. Drive Through — Not Permitted
f. Other
Parking Ratio - Residential 1 per unit
Parking Ratio - Non- 1:30 m
Residential
Bicycle Parking for Non- Provided at a rate of 10% of automobile parking
Residential Uses space requirements for non-residential uses.
Bicycle Parking for Weather-protected bicycle parking facilities
Residential Uses - 2 spaces for every 1 dwelling unit.
Location of loading and other In an interior side yard or rear yard.
service areas
Outdoor storage and/or Not permitted.
display
Refuse area Fully enclosed
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-Office Commercial (OC) Zone" as illustrated
on the attached Schedule "A" hereto.
3. Schedule "A" attached hereto shall form part of this By-law.
4. 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
Adrian Foster, Mayor
Anne Greentree, Municipal Clerk,
This is .Schedule "A" to By-law 20'14- ,
passed this` day of , 2014 A.D.
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ATTACHMENT 4
TO REPORT PSD-043-14
Summary of Urban Design Policies contained in the Clarington Official Plan and
the Bowmanville West Town Centre Secondary Plan
Town Centres
• Have buildings sited near the street line to contribute to a sense of
enclosure and strong edge;
• Locate main building entrances that are visible and directly accessible
from the public sidewalk of the main street;
• Enhance the built environment with attention to massing, building
articulation, architectural detail, the use of local materials and styles; and
• Enhance the pedestrian environment with awnings, pedestrian scale
lighting, landscaping, benches and other street amenities.
Prominent Intersections
• Provide building massing and height sufficient to emphasize the
significance of the intersection;
• Provide high quality building materials and building articulation on both
street frontages;
• Provide the main public entrance located at the corner; and
• Provide landscaping, street furniture and public art elements.
Urban Design Objectives and Standards
• Achieves urban design objectives regarding sense of place, street
connectivity, pedestrian access, urban street edge, plan for infill and
sustainability;
• Provides appropriate sidewalks widths which continue to the building face
and promote active and safe pedestrian activity;
• Reduce building setbacks to allow for building entrances to be closer to
public street sidewalks;
• Provide appropriate setback from the property line on Highway 2;
• To define the street edge and the prominence of the intersection, at least
50% of the total street frontage shall be occupied by buildings on King
Street/Highway 2.
• Provide articulated building facades to create a consistent rhythm across
the fagade;
• Design corner buildings which include articulated building elements that
enhance the visibility of this location and emphasize the focal nature of the
building;
• Minimize the visual impact of surface parking and service areas by screen
walls, landscaping or lowering of the parking areas; and
• Locate amenities in close proximity to building entrances