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Public Meeting Report
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Report To: Planning and Development Committee
Date of Meeting: February 22, 2016
Report Number: PSD-016-16 Resolution: ' E
File Number: COPA 2015-0006 and ZBA 2015-0026 By-law Number:
Report Subject: An Application by Dr. Linda Carter
To Permit Commercial Uses, Including a Veterinary Clinic
Recommendations:
1. That Report PSD-016-16 be received;
2. That the applications to amend the Clarington Official Plan and Zoning By-law 84-63,
submitted by Dr. Linda Carter to permit commercial uses, including a veterinary clinic,
continue to be processed and that a subsequent report be prepared; and
3. That any delegations and all interested parties be notified of Council decision.
Municipality of Clarington
Report PSD -016-16 Page 2
Report Overview
The existing building at 2323 Durham Highway 2 was constructed as a new home sales
office in 1996. The surrounding subdivision was designed with the expectation that the land
on which the sales office was located would eventually be redeveloped for residential use.
However, since the subdivision was completed, the existing building continued to operate as
an after-sales and decor centre for other projects managed by the developer.
This property has recently been purchased and the new owner is requesting permission to
convert the former sales office into a veterinary clinic.
In considering this proposal, it is appropriate to consider what other commercial uses may
also be appropriate for this property.
1. Application Details
1.1 Owner/Applicant
1.2 Agent:
1.3 Proposal
1.4 Area:
1.5 Location
2. Background
Dr. Linda Carter
D.G. Biddle & Associates Ltd.
To permit commercial uses, including a veterinary clinic, within
the existing building.
1,050 square metres (0.26 acres)
2323 Durham Highway 2, Bowmanville (formerly 62 Ivory Court)
2.1 Over a number of years in the mid-1990s, Green Martin Holdings Ltd. (Kaitlin) acquired
several parcels of land in west Bowmanville that they planned to develop for residential
homes.
2.2 In July of 1996, a Building Permit was issued to the developer for the construction of a
house on lands that are now a part of the subject property. The Municipality has no
information that would indicate that the house was ever occupied. Shortly after its
construction the house was used as a sales office for the developer's residential
subdivisions known as Clarington Corners and Aspen Springs.
2.3 No specific conditions or requirements were made for when the sales office would
cease operating.
2.4 In September of 1998, another phase of the Clarington Corners subdivision was
approved for development. This phase included the land on which the sales office was
already located. The subdivision was designed with the expectation that the land on
which the sales office was located would be redeveloped for residential use.
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2.5 After the next phase of construction was completed, the developer continued to use the
sales office for marketing other residential developments in the area.
2.6 The developer eventually stopped using the existing building as a sales office and sold
the property to Dr. Linda Carter (the Applicant) in 2015.
2.7 In December, 2015, the Applicant submitted applications to amend the Clarington
Official Plan and Zoning By-law in order to convert the existing building for a veterinary
clinic and other commercial uses.
2.8 Studies Submitted
The Municipality has received the following studies and reports in support of these
applications:
• Planning Justification Report; and
• Stormwater Management Brief.
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located within an established neighbourhood. The surrounding
neighbourhood was designed to incorporate the subject property as a residential lot
within that neighbourhood. The floor area of the building (280 square metres or 3,000
square feet) is larger than the size of any of the homes in the neighbourhood. In
addition, the building is orientated so that the front door faces Durham Highway 2 and
not Ivory Court.
Figure 1 — The subject property
Municipality of Clarington
Report PSD -016-16
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Figure 2 — View from Durham Highway 2 (facing southwest) of the proposed veterinary
clinic
Figure 3 — View from Ivory Court (facing east) of the proposed veterinary clinic (on the
left) and two neighbours (centre and right)
3.2 The surrounding uses are as follows:
North - Commercial stores (Dollar Tree, Winners)
South - Residential (Single detached dwellings).
East - Residential (Single detached dwellings on large lots).
West - Residential (Street townhomes).
Municipality of Clarington
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4. Provincial Policy
4.1 Provincial Policv Statement
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The Provincial Policy Statement (PPS) promotes efficient land use and development
patterns with the intent of creating sustainable communities that are home to people of
all ages. New development should occur within existing settlement areas in a manner
that minimizes land consumption and servicing costs.
4.2 The Growth Plan for the Greater Golden Horseshoe
The Growth Plan for the Greater Golden Horseshoe (Growth Plan) promotes the
creation of compact, complete communities that are transit -supportive and pedestrian -
friendly. Part of the intent of the Growth Plan is to manage growth in a manner that will
optimize existing infrastructure and support a strong economy.
The subject property is located within the Provincially -defined "Built Boundary" for the
Bowmanville Urban Area.The Owner's proposed conversion from residential to
commercial use will achieve the objectives of the Growth Plan to maintain a complete
community and support a strong economy.
5. Official Plans
5.1 Durham Regional Official Plan
The Durham Regional Official Plan (Regional Plan) designates the subject property as
"Living Areas". Living Areas shall be used predominantly for housing purposes.
However, convenience stores, limited office development and limited retailing of goods
and services, are also permitted in appropriate locations and where they are compatible
with their surroundings.
The subject property will require a commercial entrance from Durham Highway 2, which
is designated as a Type 'B' arterial road and a Transit Spine in the Regional Plan.
Based on the size of the property, the size of the building and the access onto Durham
Highway 2 the proposed veterinary clinic and limited commercial uses conform to the
Regional Plan.
5.2 Clarington Official Plan
The Clarington Official Plan (Official Plan) designates the subject property as "Urban
Residential". The primary use of land in this designation shall be for housing. Other
uses may be permitted which by the nature of their activity, scale and design are
supportive of, compatible with and serve residential uses. These include convenience
stores and home-based occupations. The variety of uses proposed by this application
are not commonly found within a residential area unless they are located within a
Neighbourhood Centre. Therefore, an amendment to the Official Plan is required.
Municipality of Clarington
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6. Zoning By-law
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6.1 The subject property is currently zoned "Urban Residential Type Two (R2)" in Zoning
By-law 84-63.
6.2 It is necessary to amend the zoning for this property to permit the operation of a
veterinary clinic and other commercial uses.
6.3 In addition to the Applicant's request to use the property as a veterinary clinic, she has
also requested that the Municipality consider other commercial uses for this property.
The following is a list of additional commercial uses that the Applicant has requested be
considered as possible future uses that may operate on this property from within the
existing building:
• Bakery;
• Business, professional or administration office;
• Day nursery;
• Dry cleaners distribution centre;
• Laundromat;
• Medical or dental clinic;
• Place of worship;
• Retail commercial establishment;
• Commercial school;
• Light service shop; and
• Personal service shop.
6.4 In addition to listing permitted land uses, the Zoning By-law also provides a variety of
regulations for the size of properties, placement and size of buildings as well as the
amount of parking that must be provided. The required parking in the zoning By -Law
for a commercial use, is 10 spaces; the applicant proposes 7 spaces.
6.5 A review of the proposed uses and parking requirements will be included as part of a
future recommendation report.
7. Summary of Background Studies
7.1 Planning Justification Report
A Planning Rationale Report (Report) was provided by the Applicant in support of the
requested amendments. The Report offers the following observations about the
proposed conversion of the existing building to commercial use:
• It will promote an efficient use of the land by preventing land consumption
elsewhere;
• It will increase the amount of tax revenue that the Municipality receives for this
property; and
0 It will increase the employment base in the local area.
Municipality of Clarington
Resort PSD -016-16
7.2 Stormwater Management Brief
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The grade of the property causes the stormwater to generally drain from north to south.
The Stormwater Management Brief concludes that the existing drainage patterns are
satisfactory and only minor improvements are needed to maintain these flows.
8. Public Notice and Submissions
8.1 Public notice was given by mail to each landowner within 120 metres of the subject
property and two "Notice of Public Meeting" signs were installed on the property (one
facing Durham Highway 2 and one facing Ivory Court). The public notice was also
posted on the Municipal website and in the Planning Services electronic newsletter.
8.2 As of the writing of this report, Staff had received one inquiry from a neighbour who
expressed his support for these applications. This neighbour also wanted to make the
Municipality aware that a number of pedestrians use this property as a shortcut to travel
between Durham Highway 2 and Ivory Court. The neighbour asked that the part of the
property that faces Ivory Court not be enclosed with a fence which would prevent
continued pedestrian access through the site.
9. Agency Comments
9.1 Regional Municipality of Durham
Formal comments are still forthcoming.
10. Departmental Comments
10.1 Engineering Services
In their review of these applications, the Engineering Services Department offers the
following comments.
The entrance to this property will continue to be provided from Durham Highway 2. A
commercial entrance to this property will not be permitted from Ivory Court.
This property is currently serviced with water and sanitary sewers but is not connected
to the existing storm sewers in the area.
Sufficient on-site parking for the size and use of the building is to be confirmed with the
Planning Services Department.
Prior to Site Plan approval for this property, the applicant will be required to satisfy the
Engineering Services Department regarding grading, drainage and stormwater
management. The area of impervious surface is not proposed to be changed.
However, the applicant will be required to correct some minor ponding and install a
catch basin on-site. A service stub to the Municipality's storm sewer system already
exists.
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The Engineering Services Department does not object to the Official Plan Amendment
and the Zoning By-law Amendment.
10.2 Building Design
The Building Division noted that this building was constructed as a model home and a
change of use permit would be required. Commercial development changes would be
applicable, but the applicant would receive a credit for the amount of a single detached
home, at the current Development Change rate.
10.3 Emergency and Fire Services
The Emergency and Fire Services Department has no concerns with these
applications.
10.4 Finance Department
The Finance Department confirms that the taxes on this property have been paid up-to-
date.
11. Discussion
11.1 In addition to the already permitted use of this property as a residential home the
Applicant has requested that the existing residential building on this property be used
as a veterinary clinic or other commercial uses.
11.2 The Durham Regional Official Plan and the Clarington Official Plan recognize the
benefit that limited commercial uses provide to the creation of complete
neighbourhoods.
11.3 The adjacent lands to the east on Highway 2 have been identified in the Official Plan
Review to be incorporated into the West Town Centre. Access requirements for this
site and the future Town Centre lands must be coordinated
11.4 Comments on these applications have still not been received from the public and from
the Region of Durham. Once all comments have been received, Staff will prepare a
future report that evaluates the following items:
• The opportunities and constraints of the existing property;
• The impacts of the various commercial land uses;
• Traffic and parking; and
• Integration with future development in this part of west Bowmanville.
Municipality of Clarington
Report PSD -016-16 Page 9
12. Concurrence
Not applicable.
13. Conclusion
The purpose of this report is to provide background information on the request to permit
commercial uses, including a veterinary clinic, submitted by Dr. Linda Carter for the
Public Meeting. Staff will continue processing the application and prepare a
subsequent report once all comments have been received and all potential issues have
been satisfactorily addressed.
Submitted by: /3��/
Dav J. Crome, MCIP, RPP
Director of Planning Services
Reviewed by: C-)
Franklin Wu,
Chief Administrative Officer
Staff Contact: Paul Wirch, Planner Il, 905-623-3379 extension 2418 or pwirchCcDclarington.net
List of interested parties to be notified of Council's decision is on file in the Planning Services
Department.
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