HomeMy WebLinkAboutPSD-087-08
Clocmgron
REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
l{ey,\l.1~dl"'* fiPfl - 4t fer ocr;,
Date:
Monday, September 8, 2008
Report #: PSD-087-08
File #: ZBA 2008-0015 By-law #:
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Subject:
REZONING APPLICATION TO PERMIT A SHOPPERS DRUG MART AND
SECOND STOREY OFFICE SPACE
APPLICANT: EDWARD WHITING (C/O SHOPPERS REALTY INC.)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-087-08 be received;
2. THAT provided there are no significant issues raised at the Public Meeting, that the
proposed amendment to Zoning By-law 84-63 to permit the development of a mixed use
building be APPROVED and that the by-law as contained in Attachment 3 be PASSED;
and
3. THAT all the Region of Durham, all interested parties listed in this report, and any
delegations at the Public Meeting be advised of Council's decision.
Submitted by:G~ 5)j~~. Reviewed bY(~~' tl <2-:: &sl
~ David J. Crome, M.C.I.P., R.P.P. Franklin Wu
'\ Director, Planning Services Chief Administrative Officer
COS/sh
August 29, 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L lC 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-087-08
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Shoppers Realty Inc.
1.2 Owner: Edward Whiting
1.3 Proposal: To permit the development of a mixed use building with 1,920 sq.m. of
retail commercial floor space and 703 sq.m. of second storey office floor
space.
1.4 Site Area: 0.81 hectares
2.0 LOCATION
2.1 The subject lands are located at the northwest corner of Durham Highway 2 and Varcoe
I"' Road in Courtice. The application includes two separate properties located at 1428 &
1430 Durham Highway 2 and 8 Varcoe Road (Attachment 1).
3.0 BACKGROUND
3.1 On June 10, 2008, Staff received a rezoning application from Shoppers Realty Inc. on
behalf of Edward Whiting to permit the development of a mixed use building containing
1,920 sq.m. of retail commercial floor space and 703 sq.m. of second storey office floor
space. A copy of the proposed building elevations are contained in Attachment 2.
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3.2 The proposal encompasses lands which contained a former automotive repair garage at
the corner of Durham Highway 2 that has been recently demolished and an existing
furniture store located towards the rear of the property. The proposal also contains a
residential property at 8 Varcoe Road (See Attachment 1).
3.3 A complete site plan application (SPA 2008-0015) has also been submitted by the
applicant for approval.
4.0 LAND CHARACTERISTICS AND SURROUNDING USES
4.1 The site is generally flat and drains towards the intersection between Durham Highway
2 and Varcoe Road. The front portion of the site is vacant while the rear portion
contains a commercial building. The proposal also includes a vacant property at 8
Varcoe Road.
4.2 The surrounding uses are as follows:
North - Urban residential
South - Commercial uses
East - Medical centre and seniors' retirement facility
West - Commercial uses
REPORT NO.: PSD-087-08
PAGE 3
5.0 PROVINCIAL POLICY
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5.1
Provincial Policy Statement
The proposed development application is within the Courtice settlement area and
proposes to increase the range of retail and office uses in the area. The existing mixed
use designation permits commercial and office uses that better serve the needs of area
residents, Provincial Policy states that there shall be an appropriate mix and range of
serviced commercial lands available to meet the long-term retail and employment needs
of the community.
5,2 Provincial Growth Plan
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The Provincial Growth Plan for the Greater Golden Horseshoe directs new development
to existing serviced urban centres and encourages a compatible mixture of land uses
within the urban centres, A fundamental principle of the Plan is to encourage
intensification of underutilized urban lands to create a vibrant community where
infrastructure exists to accommodate growth. Compact urban growth is encouraged in
urban centres and along transportation corridors, The provision of additional retail
choices for existing and future residents supports the goals of the Provincial Growth
Plan.
OFFICIAL PLANS
Durham Reaional Official Plan
The Durham Regional Official Plan designates the subject lands "Living Area" and
"Regional Corridor", Within Regional Corridors, the Plan permits a mixed use area that
support higher order transit services and feature a high degree of pedestrian oriented
design, Local Centres designated in the local official plan shall be planned and
developed in accordance with a hierarchy of functions. The proposal conforms to the
Durham Regional Official Plan,
Clarinoton Official Plan
The Clarington Official Plan designates the subject lands "Mixed Use Area" in Courtice
West Shopping District Secondary Plan, This property contains a mixture of older
buildings and uses that may be redeveloped into higher intensity uses to become a
focal point of architectural interest in this commercial area. Permitted uses include
mixed uses buildings containing ground floor retail and personal service uses and
second storey office uses.
Policies in the Secondary Plan delineate the intersection at Durham Highway 2 and
Varcoe Road/Darlington Boulevard as a prominent intersection to have visual
significance, relating to urban design. Transportation policies also require an integrated
system of rear laneways between commercial properties to accommodate movement of
REPORT NO.: PSD-087-08
PAGE 4
vehicles between properties. Finally, parking is encouraged to be located at the side or
rear of buildings.
A review indicates that the proposal conforms to the Clarington Official Plan.
7.0 ZONING BY-LAW CONFORMITY
7.1 The property under consideration is zoned "Special Purpose Commercial (C5) Zone",
which does not permit retail commercial and office uses. In order to permit the
proposed development, a rezoning application was submitted for consideration.
8.0 PUBLIC NOTICE AND SUBMISSIONS
8.1 Public notice was given by mail to each landowner within 120 metres of the subject site
and three (3) public meeting notice signs were erected facing Durham Highway 2 and
Varcoe Road.
8.2 Two inquiries of concern have been received regarding the proposed development.
a) The adjacent commercial landowner to the west (Birchdale Investments Limited)
has submitted a letter outlining the following concerns with the proposal.
. Birchdale indicates that their property is used for overflow parking by patrons
of the Courtice Medical Clinic. Since the Shoppers parking area will now be
closer, the proposal should have surplus parking in order that Shoppers
parking isn't pushed onto the Birchdale site.
. They also have a concern that the second storey office space will place an
additional demand on available parking.
. Since the subject lands and the Birchdale site will share Birchdale's easterly
entrance on Durham Highway 2, internal drive aisles, and access over the
rear lane, Shopper Realty must enter into an agreement with Birchdale on
these matters.
b)
A resident of Bridle Court, a residential street abutting the subject lands to the
north, inquired whether or not the proposed Shoppers Realty would charge for
parking. According to this resident, many patrons of the Courtice Medical Clinic
park on their street to avoid paying for parking on the clinic premises. The
resident wanted to ensure that Shoppers Realty will be prohibited from installing
paid parking.
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These issues will be discussed in Section 10.2 of this report.
9.0 AGENCY COMMENTS
9.1 The Clarington Emergency Services Department, Hydro One Networks Inc., and
Durham Region Transit have no objections to the application. Any conditions will be
dealt with through the site plan approval process.
REPORT NO.: PSD-087-08
PAGE 5
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9.2 The Clarington Engineering Services Department has no objections to the proposal
provided that the following issues are addressed through site plan approval.
. Clarington will require a road widening along the Varcoe Road frontage to
accommodate our road requirements. The proposed 3.00 m road widening is
acceptable.
. All remaining engineering matters will be dealt with through site plan approval.
9.3 The Durham Region Planning Department has no objections to the proposal provided
that the following matter is addressed.
. A draft Phase 1 Environmental Site Assessment was submitted with the application
for review. It indicated that there were potential environmental concerns, including
the presence of contaminated soil and groundwater, hazardous materials in the
existing building, the proximity to a gas station, and the existing wells that would
need to be decommissioned. The report recommended that a Phase 2 assessment
be conducted to fully investigate the problem. Upon submission of these reports to
the Region for review, a Record of Site Condition (RSC) must be submitted to the
Ministry of Environment (MOE). Prior to the removal of the Holding (H) symbol from
the proposed zoning, the Region will require a letter from MOE, which acknowledges
the RSC and indicate that the site has not been selected for audit.
9.4 The Durham Region Public Works Department has no objections provided that the
following issues are addressed through site plan approval.
. The Region will require a road widening along the Durham Highway 2 frontage to
accommodate their road requirements. The proposed 1.67 m road widening is
acceptable.
. In order to provide access safety and corridor control, this section of Durham
Highway 2 will have a centre median to restrict access. The applicant will be
responsible for 50% of the project's construction cost. Construction of the median
will be a regional contract.
. All remaining engineering matters will be dealt with through site plan approval.
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9.5 The Central Lake Ontario Conservation Authority has no objections to the proposal
provided that the following issues are addressed through site plan approval.
. CLOCA guidelines require that post-development stormwater flows from the site do
not exceed pre-development stormwater flows from the site. Due to existing
stormwater capacity constraints in the Durham Highway 2 storm sewer system, the
stormwater management report must be revised accordingly.
. Sedimentation fencing must be installed to ensure that sediment do not travel from
the site.
. All remaining engineering matters will be dealt with through site plan approval.
REPORT NO.: PSD-087-08
PAGE 6
10.0 STAFF COMMENTS
10.1 Urban Desian
The policies contained in the Courtice West Shopping District Secondary Plan define
the intersection at Durham Highway 2 and Varcoe Road/Darlington Boulevard as an
intersection of prominence. From an urban design perspective, buildings should be
street-related for a number of reasons to achieve important design goals.
. The building contains ground floor retail with second storey office space. The
applicant has oriented the building towards the intersection but aligned with Durham
Highway 2. This creates building massing, architectural interest, and prominence at
this intersection rather than placing the building at the rear of the property. The
parking area is also partially shielded by the location of the building and can be more
easily mitigated through landscaping. This continues the theme of street-related
building massing established with the Courtice Medical Clinic and the pub/restaurant
at other comers of the intersection.
. A street-related building allows for improved pedestrian access from existing
sidewalks to the building. The building proposes two building exits directly to the
sidewalk but no building access directly from the sidewalk. Staff will further discuss
the opportunity for direct building access from the sidewalk either on Varcoe Road or
Durham Highway 2 through the site plan process.
. Shoppers Realty is proposing a variety of building materials to add interest to the
building, including brick and stone precast panels, stucco, and glazing. There will be
a large number of windows at the store entrance and some along Durham Highway
2. Spandrel glazing will be included along Varcoe Road and along the rear of the
building to create interest. The second storey office space also contains a large
number of windows, adding interest to the building design.
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. Representatives of Shoppers Realty have indicated their willingness to explore
options for a more street-related entrance to Durham Highway 2. Staff will also be
encourage replacement of the spandrel glazing with real glazing along the Durham
Highway 2 frontage as well as the provision of some glazing along Varcoe Road.
10.2 Addressina Public Concerns
a) Birchdale Investments Limited {Birchdalel Concerns
Birchdale Investments Limited has submitted a letter outlining concerns over:
a. parking of patrons from the Courtice Medical Clinic on the Shoppers Realty
site;
b. sufficiency of proposed on-site parking levels; and
c. easement arrangements for points of joint access and the rear lane.
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Staff have reviewed the comments and offer the following comments.
a. The Municipality does not get involved in parking matters on private property.
REPORT NO.: PSD-087-08
PAGE 7
Should patrons of the Courtice Medical Clinic decide to park on the subject
property, it is the property owner's responsibility to ensure that patrons from
other properties do not park on their site.
b. Birchdale has questioned whether there is sufficient parking on the Shoppers
Realty site. The applicant submitted a parking demand survey prepared by
BA Group, a transportation consultant, on the amount of parking being
provided for the development. The report calculated parking rates for the
ground floor retail space on the basis of retail parking rates and assumed that
7 medical practitioners would occupy the second floor office space.
Discussions with the planning consultants indicated that 7 medical
practitioners would be typical for this form of project by Shoppers Realty. The
memo states that for a similar project developed in Brampton, parking
utilization ranged between 44% and 65% of the total spaces. The peak
number of cars noted in the parking lot was 64 vehicles. The report also
noted that peak parking usage for the medical office space is during the week
while the peak parking usage for the retail component is during the weekend.
Based on these observations, the letter concluded that the 107 parking
spaces being provided were sufficient.
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From a zoning perspective, the amount of parking proposed meets with our
current zoning standards. The ground floor is comprised of the main
Shoppers Drug Mart unit (1,613 sq.m.) and a smaller ancillary retail unit (307
sq.m.). The second storey contains 703 sq.m. of medical office space.
Although the main floor could be characterized as a multi-tenant situation,
Shoppers Realty would generally tenant the smaller retail unit with a related
medical retail tenant instead of a tenant that would generate higher parking
rates. The second floor would be leased to medical practitioners since other
types of office uses would not be consistent with the medical theme. Under
our current parking standards, the following amount of parking is required for
the building:
. Ground floor area at 1 space/3D sq.m. yields 64 parking spaces; and
. Second floor area with 7 medical practitioners at 5 spaces/medical
practitioner yields 35 parking spaces.
Since the applicant is providing a total of 107 spaces and only 99 spaces are
required, there is a small surplus of parking. Therefore, sufficient parking is
being provided to satisfy the requirements of the zoning by-law.
c. The applicant will be required to obtain long-term easements under the
Planning Act with Birchdale to ensure that points of joint access and the rear
lane can function in perpetuity. The Municipality will not be involved in any
financial arrangement between the two parties.
b)
Bridle Court Resident's Concerns
According to the Bridle Court resident, patrons began parking on Bridle Court
once the Courtice Medical Clinic started charging for parking. The Municipality
cannot prohibit landowners from charging for parking. While the Bridle Court on-
REPORT NO.: PSD-087-08
PAGE 8
street parking issue does impact those residents, this issue is beyond the scope
of this approval and must continue to be dealt with through the Municipality's Law
Enforcement Division. While Shoppers does not typically charge for parking on
their properties, they do want the option of installing some form of system should
this issue become a problem for them as well.
10.3 Site Remediation
Since the site has been used for various automotive sales and repair uses over the
years, the applicant has submitted a Phase 1 site assessment of the property for
review. There are a number of potential areas for environmental concern.
. There is evidence of contaminated soil and groundwater present in the vicinity of the
former auto repair facility at the intersection as well as at the existing retail building.
An above-ground fuel oil tank that was removed was also reportedly leaking.
. The report recommends that existing building be surveyed for asbestos materials,
lead paint and moulds.
. The presence of the existing Esso gas station across the street is a potential for
concern.
. Existing water wells are a potential source of groundwater contamination. These
wells must be properly decommissioned in accordance with the proper
environmental regulations.
Staff fully support the report's recommendation for further environmental review of the
site. Based on the comments contained in Section 9.3 of this report, the applicant will
have to ensure that all contamination is removed and that the Record of Site Condition
and requisite acknowledgement letter is obtained from the Ministry of Environment to
the satisfaction of the Region of Durham and the Municipality of Clarington
11.0 CONCLUSION
11.1 In consideration of the comments received from circulated agencies and review of the
proposal, it is recommended that the application to amend the Zoning By-law 84-63, as
amended, be APPROVED.
11.2 The proposed zoning by-law contains the Holding (H) provision to ensure that the site is
properly remediated and a Record of Site Condition is obtained by the applicant. Staff
would recommend that the Holding (H) provision is not removed until the Record of Site
Condition is finalized to the satisfaction of the Region of Durham.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed Building Elevations
Attachment 3 - Zoning By-law Amendment
REPORT NO.: PSD-087-08
PAGE 9
List of interested parties to be advised of Council's decision:
Edward Whiting clo Kim Johnson
Shoppers Realty Inc.
MHBC Planning
Valiant Property Management
Birchdale Investments Limited
Jim & Lorraine Ewen
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Attachment 1
To Report PSD-087-08
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To Report PSD-087-08
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Attachment 3
To Report PSD-087-08
------------ --
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the fonmer 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 former Town of Newcastle to
implement ZBA 2008-0015 and permit development of a mixed use building with retail
commercial and second storey office ftoor space;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the
zone designation from: "Special Purpose Commercial (C5) Zone" to "Holding - General
Commercial ((H)C1) Zone".
2. Schedule "A" attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Sections 34 and 36 of the Planning Act.
BY-LAW read a first time this
day of
2008
BY-LAW read a second time this
day of
2008
BY-LAW read a third time and finally passed this
day of
2008
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2008-
passed this day of . 2008 A.D.
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DURHAM
HIGHWAY 2
~ Zoning Change From "C5" To "(H)C1"
Jim Abernethy, Mayor
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