HomeMy WebLinkAboutPSD-094-08
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REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
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Monday, September 22, 2008 v
Date:
Report #: PSD-094-08
File #: ZBA 2008-0020
By-Iaw#: -:9oo~-1 ~ I
Subject:
PROPOSED ZONING BY-LAW AMENDMENT BY 564069 ONTARIO INC. TO
PERMIT ADDITIONAL PARKING FOR A SUPERMARKET EXPANSION
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-094-08 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 additional parking for a 929
sq.m. supermarket expansion 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:
Davi . Crome, M.C.I.P., R.P.P.
Director, Planning Services
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ran In Wu
4 Chief Administrative Officer
RH*COS*df
September 17, 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-094-08
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: D.G. Biddle & Associates Limited
1.2 Owner: 564069 Ontario Inc.
1.3 Proposal: To permit the development of additional parking to support a 929 sq.m.
expansion of the existing supermarket.
1.4 Site Area: 0.32 hectares
'II 2.0 LOCATION
2.1 The subject lands are located at the southeast corner of King Avenue East and Beaver
Street South in Newcastle Village. The application includes lands all owned by the
applicant under three separate properties: 131 King Avenue East as well as 49 and 63
Beaver Street South (Attachment 1).
3.0 BACKGROUND
3.1 On July 29, 2008, Staff received a rezoning application from 564069 Ontario Inc. to
permit the development of additional parking to support an expansion of the existing
supermarket. The 929 sq.m. supermarket expansion would be constructed to the south
of the existing store. The building would extend a further 24 metres southward from the
existing building's southern extent.
3.2 The proposal encompasses lands which contain the existing IGA supermarket and
refurbished Massey Building but would also incorporate portions of the rear yards of two
residential properties located at 49 and 63 Beaver Street South (See Attachment 1).
3.3 A site plan application (SPA 2008-0017) has also been submitted by the applicant for
consideration.
4.0 LAND CHARACTERISTICS AND SURROUNDING USES
4.1 The site is generally flat and drains towards King Avenue. The properly contains the
current IGA supermarket and Massey Building. The Beaver Street properties each
contain single detached dwellings.
4.2 The surrounding uses are as follows:
North - Commercial uses
South - Urban residential uses
East - Urban residential uses and seniors' retirement facility
West - Urban residential uses
REPORT NO.: PSD-094-08
PAGE 3
5.0 PROVINCIAL POLICY
5.1 Provincial Policy Statement
The proposed development application is within the Newcastle Village settlement area
and proposes to strengthen the existing retail fabric in the area. The existing
commercial designation permits retail, office, and residential 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. Strengthening existing retail choices
for existing and future residents supports the goals of the Provincial Growth Plan.
6.0 OFFICIAL PLANS
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6.1 Durham Reaional Official Plan
The Durham Regional Official Plan designates the subject lands "Regional Centre".
Regional Centres are to developed as the main concentrations of urban activities,
providing a fully integrated array of community, office, service and shopping,
recreational, and residential uses. The proposal conforms to the Durham Regional
Official Plan.
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6.2 Clarinaton Official Plan
The Clarington Official Plan designates the subject lands "Street-Related Commercial
Area" in Newcastle Village Village Centre Secondary Plan. Permitted uses include
retail, personal service and office uses, residential uses, recreational and cultural uses,
and community facilities. Mixed use development proposals are also encouraged to
maintain the vibrancy of the area. The proposal conforms to the Clarington Official
Plan.
7.0 ZONING BY-LAW CONFORMITY
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7.1 The portion of the property under consideration is zoned "General Commercial
Exception (C1-24) Zone" and "Urban Residential Type Two (R2) Zone", zones which do
not permit the development proposal. In order to permit the proposed development, a
rezoning application was submitted for consideration.
REPORT NO.: PSD-094-08
PAGE 4
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 four (4) public meeting notice signs were erected facing King Avenue East and
Beaver Street South.
8.2 Two general inquiries have been received regarding the proposed development.
. A representative of the Newcastle Lodge for Senior and Family Dwelling (Parkview)
requested general information on the proposal. Issues that were raised on behalf of
the building's residents included noise from the loading area, impacts on views by
the building addition, and the hours during which of building construction will occur.
. An adjacent resident to the south also requested general information on the
proposal. Issues that were raised included noise from the loading area and rooftop
mechanical equipment, impacts of night time lighting, and preservation of larger
existing trees.
A discussion of these issues is contained in Section 10.2 of this report.
9.0 AGENCY COMMENTS
9.1 The Clarington Emergency Services Department and Veridian Connections have no
objections to the application. Any conditions will be dealt with through the site plan
approval process.
9.2 The Clarington Engineering Services Department has no objections to the proposal
provided that the following issues are addressed through site plan approval.
. The applicant will be required to obtain clear title of a portion of municipal road
allowance within the property.
. A stormwater management report must be prepared for approval and implemented
through the development.
. All remaining engineering matters will be dealt with through site plan approval.
9.3 The Durham Region Planning and Public Works Departments have no objections to the
proposal provided that any servicing issues are addressed through site plan approval.
9.4 The Ganaraska Region Conservation Authority has no objections to the proposal
provided that the owner prepare and implement a stormwater management plan in
accordance with Ministry of Environment guidelines to meet Level 1 treatment criteria
through site plan approval.
10.0 STAFF COMMENTS
10.1 Proposed Development
The application has been submitted to permit a 929 sq.m. (10,000 sq.ft.) expansion to
the existing IGA supermarket. The expansion would extend 24 metres further
REPORT NO.: PSD-094.08
PAGE 5
southward from the existing loading area. The expansion will necessitate a further
expansion of the parking area to meet zoning requirements.
The expansion is considered an upgrade to allow the store to function better and
respond to the changing marketplace. The store will also be rebranded from IGA to
Sobey's.
10.2 Addressina Public Development Issues
The issues raised by adjacent properties do not affect the rezoning of this property.
Instead, they will be addressed through site plan approval in the following manner.
. The applicant will be required to provide a noise study to demonstrate that noise
from loading operations and rooftop mechanical equipment would affect adjacent
residential properties. Noise attenuation measures may include a screen wall
around the loading area and rooftop mechanical equipment screening both
attenuation and visual reasons. Loading and garbage collection times would also
be restricted through the site plan agreement. The garbage compactor will be
included in the screen wall, which is an improvement.
. The building expansion will further obstruct the views that these residents have
enjoyed. Approximately 6 residences are impacted directly and others less so. It is
generally desirable to have a greater separation than proposed. However, the
same high quality building materials will be continued. Landscaping will also be
requested to soften the impact.
. An illumination plan will be submitted for the property to ensure that light levels are
appropriate for the area, that there is no light trespass, that all light fixtures are full
cut-off fixtures eliminate glare, and that light poles are appropriately sized to
eliminate glare.
. Since the existing development was constructed approximately 8 - 10 years ago,
the perimeter trees are quite tall. The existing trees along the southern property
line will be preserved to ensure that privacy is maintained. Where existing trees
are removed to extend the parking lot, the intent is that these are spaded and
replanted in the redevelopment of the parking area.
. The hours during which contractors work on the construction of the addition is a
quality of life concern to the Parkview senior lodge. Staff will discuss this matter
with the applicant to require that construction not begin before 7:00 am in the
morning.
10.3 Site Remediation
A Phase 1 Environmental Site Assessment was submitted with the application for
review. The report indicated that a Record of Site Condition had been completed for the
existing supermarket and Massey Building portions of the property in 1998. The report
concluded that the site has no potential for contamination concerns.
According to Regional policy, a reliance letter should be submitted for all development
applications that have undergone a Phase 1 site assessment. A Holding (H) symbol is
encouraged to be used in conjunction with the zoning category and not to be removed
until the reliance letter has been completed to the Region's satisfaction. While the
Municipality supports the Regional objectives where the presence of contamination is
known, requesting a reliance letter for a site where a report concluded that there was no
REPORT NO.: PSD-094-0S
PAGE 6
contamination potential is not necessary. Therefore, Staff will not recommend that the
Holding (H) provision be applied to the zoning by-law.
10.4 Proposed Zonina Bv-Iaw
The proposed zoning by-law contains a provision to reduce the rear yard setback on the
property from 5.0 metres to 1.5 metres. On a corner lot, the zoning by-law classifies the
front yard as the road frontage with the lesser distance. Therefore, the front yard is
Beaver Street and the rear yard is the eastern property line. In 1998, a minor variance
was approved to reduce the rear yard from 5.0 metres to 1.5 metres. The attached
exception by-law includes this provision in order that a further minor variance is not
necessary to accommodate the expansion.
10.5 Finance Department has advised that all property taxes have been paid to date.
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.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Zoning By-law Amendment
List of interested parties to be advised of Council's decision:
Tenzin Gyaltsan, 564069 Ontario Inc.
Glenn Genge, D.G. Biddle & Associates Limited
Jean Graham, Newcastle Lodge for Senior and Family Dwelling
Mark Kartusch
Attachment 1
To ReportPSD-094:9tl_
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Attachment 2
To Report PSD-094-08
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 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 former Town of Newcastle to
implement ZBA 2008-0020 and permit development of additional parking to support a 929
sq.m. expansion of the existing supermarket;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 16.5 "SPECIAL EXCEPTIONS - GENERAL COMMERCIAL (C1) ZONE" is
hereby amended by introducing a new Sub-Section 16.5.54 as follows:
"16.5.54
GENERAL COMMERCIAL EXCEPTION (C1-54) ZONE
Notwithstanding Sections 16.1 (b) and 16.3 (a) iv), those lands zoned C1-54 on the
Schedules to this By-law shall be used subject to the following definitions and regulations:
a) Definitions
"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 an attendant or a window or an automated machine, to customers
remaining in motor vehicles located in a stacking lane. A drive-through facility
may be in combination with other uses such as a bank or financial institution, dry
cleaning establishment, dry cleaning distribution centre, eating establishment,
eating establishment drive-in, eating establishment take-out, motor vehicle fuel
bar, motor vehicle service station, retail commercial establishment, service shop,
light, service shop, personal, shopping centre, or supermarket. Despite the
above, a drive-through facility does not include a motor vehicle wash.
b) Regulations
i) Notwithstanding the provisions of 16.1(b), no person shall use any land or
erect or use any building or structured located in a C1-54 zone for a drive-
through facility.
ii)
Rear Yard (minimum)
1.5 metres"
2. Schedule "5" to By-law 84-63, as amended, is hereby further amended by changing the
zone designation from "General Commercial Exception (C1-24) Zone" to "General
Commercial Exception (C1-54) Zone", "General Commercial Exception (C1-33) Zone" to
"General Commercial Exception (C1-54) Zone", and from "Urban Residential Type Two
(R2) Zone" to "General Commercial Exception (C1-54) Zone".
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 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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KING AVENUE EAST
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Zoning Change From "C1-24" To "C1-54"
Zoning Change From "R2" To "C1-54"
Zoning Change From "C1-33" To "C1-54"
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
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