HomeMy WebLinkAboutPSD-114-08 Cld,ryarigton REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, November 3, 2008 O(T41
Report#: PSD-114-08 File #: ZBA2008-0015 By-law#: 400 g�
Subject: REZONING APPLICATION TO PERMIT A SHOPPERS DRUG MART AND
SECOND STOREY OFFICE SPACE
APPLICANT: SHOPPERS REALTY INC
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-114-08 be received;
2. 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;
3. THAT the Holding (H) symbol be removed at such time as the owner has entered into a
site plan agreement with the Municipality, obtained easements under the Ontario
Planning Act for a joint access and a rear laneway in favour of the adjacent landowner
and completed site remediation to the satisfaction of the Regional Municipality of
Durham; 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 i Reviewed I
Da i . Crome, M.C.I.P., R.P.P. Franklin Wu
Director, Planning Services Chief Administrative Officer
LB/COS/df
October 27, 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830
REPORT NO.: PSD-114-08 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 1731 sq.m. of
retail commercial floor space and 950 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
Road in Courtice. The application includes two separate properties located at 1428 and
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
1731 sq.m. of retail commercial floor space and 950 sq.m. of second storey office floor
space. A copy of the proposed building elevations are contained in Attachment 2.
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.
3.4 A public meeting was held on September 8, 2008.
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.
REPORT NO.: PSD-114-08 PAGE 3
4.2 The surrounding uses are as follows:
North - Urban residential
South - Commercial uses
East - Medical centre and seniors' retirement facility
West - Commercial uses
5.0 PROVINCIAL POLICY
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
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.
6.0 OFFICIAL PLANS
6.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the subject lands "Living Area" and
"Regional Corridor". Within Regional Corridors, the Durham Official Plan permits a
mixed use area that supports higher order transit services and features 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.
6.2 Clarington Official Plan
The Clarington Official Plan designates the subject lands "Mixed Use Area" in the
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
REPORT NO.: PSD-114-08 PAGE 4
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
vehicles between properties. Finally, parking is encouraged to be located at the side or
rear of buildings.
This proposal conforms to the Clarington Official Plan.
7.0 ZONING BY-LAW CONFORMITY
7.1 The subject 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 MEETING
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 were received prior to the public meeting.
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, Shoppers 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.
REPORT NO.: PSD-114-08 PAGE 5
8.3 Previously, a Public Meeting was held September 8, 2008, at which time no one spoke
in support of Report PSD-087-08, however, one person, Beth Kelly representing Valiant
Property Management spoke in opposition to the recommendations. Ms. Kelly, informed
the Committee that Shoppers Realty Inc. currently leases space owned by Valiant
(Townline Rd. and Highway 2 in Oshawa) and that allowing them to proceed with this
new building would be in violation of their current lease agreement with Shoppers
Realty. She requested that the staff report be referred back to staff to allow for further
discussions between Valiant and Shoppers Realty.
8.4 David McKay MHBC Planning representing Shoppers Realty Inc. was present on behalf
of the applicant to address any concerns or questions raised at the Public Meeting. Mr.
McKay felt the issues regarding the lease are only of concern between Shoppers Realty
Inc. and Valiant Property Management.
8.5 Staff subsequently met with Valiant Property Management. At that meeting the issue of
the lease was again reiterated. 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.
9.2 The Clarington Engineering Services Department has no objections to the proposal
provided that the following issues are addressed:
• Clarington will require a road widening along the Varcoe Road frontage to
accommodate 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.
REPORT NO.: PSD-114-08 PAGE 6
• 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.
• Additional issues will be dealt with through site plan approval.
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 does not travel
from the site.
10.0 STAFF COMMENTS
10.1 Urban Desiqn
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
easily mitigated through landscaping. This continues the theme of street-related
building massing established with the Courtice Medical Clinic and the publrestaurant
at other corners of the intersection.
• A street-related building allows for improved pedestrian access from existing
sidewalks to the building. The building elevations indicate a storefront entrance
facing Durham Highway 2 in addition to the main entrance facing the west parking
area. Through the site plan process staff will explore the opportunity to have the
main entrance a focal point on Durham Highway 2.
• 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.
REPORT NO.: PSD-114-08 PAGE 7
• The height of the proposed building is approximately 11.5 m.
10.2 Addressing Public Concerns
a) Birchdale Investments Limited (Birchdale) 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.
Staff have reviewed the comments and offer the following comments.
a. The Municipality does not get involved in parking matters on private property.
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 consultant states that for a similar project
developed in Brampton, parking utilization ranged between 44% and 65% of
the total spaces. The report 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 parking spaces being provided were sufficient.
The proponent has since amended the original proposal upon which the
above comments were based. The second retail unit on the mainfloor has
been eliminated and the Shoppers has increased in size from 1613 sq. m. to
1731 sq. m. The number of medical practitioners has also increased from 7
to 11.
From a zoning perspective, the amount of parking proposed meets with the
Municipality's current zoning standards. The ground floor is comprised of a
Shoppers Drug Mart (1,731 sq.m.). The second storey contains 950 sq.m. of
medical office space. Under current parking standards, the following amount
of parking is required for the building:
• Ground floor area at 1 space/30 sq.m. yields 58 parking spaces; and
Second floor area with 11 medical practitioners at 5 spaces/medical
practitioner yields 55 parking spaces.
REPORT NO.: PSD-114-08 PAGE 8
The applicant is providing a total of 115 spaces; 113 spaces are required.
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 creation of the easements will be a
condition for removing the Holding (H) symbol. However, 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-
street parking issue does impact those residents, this issue is not related to the
current application 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 have indicated that they will want the option of installing
some form of system should this issue become a problem for them as well.
c) Valiant Property Management Concerns
Subsequent to the public meeting, representatives from MHBC Planning,
representing Shoppers Realty met with representatives from Valiant Property
Management. The original position, that the lease agreement is a private
business matter between Valiant Property Management and Shoppers Realty
was reiterated.
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
REPORT NO.: PSD-114-08 PAGE 9
and requisite acknowledgement letter is obtained from the Ministry of Environment to
the satisfaction of the Region of Durham.
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, the joint access
and rear laneway easements are approved a discussed in the report and that a site plan
agreement has been completed with the Municipality.
Attachments:
Attachment 1 — Key Map
Attachment 2 — Proposed Building Elevations
Attachment 3 —Zoning By-law Amendment
List of interested parties to be advised of Council's decision:
Edward Whiting c/o Kim Johnson
Shoppers Realty Inc.
MHBC Planning
Valiant Property Management
Birchdale Investments Limited
Jim & Lorraine Ewen
Attachment
To Report PSD-114-08
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Attachment 3
To Report PSD-114-08
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 2008-0015 and permit development of a mixed use building with retail
commercial and second storey office floor space;
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 COMMERICAL (C1) ZONE IS
hereby amended by adding thereto the following new Special Exception 16.5.55 as
follows:
2. "16.5.55 GENERAL COMMERCIAL EXCEPTION (C1-55) ZONE
Notwithstanding Section 16.2 those lands zoned C1-55 on the attached Schedule to this
By-law, shall be used in accordance with this By-law and the following regulations:
a) Regulations for Non-Residential Uses
i. Building Entrance A main pedestrian entrance to the building will
be provided in the south building fagade within
5m of the Durham Highway 2 road allowance.
ii. Building Height Minimum 2 storeys.
2. 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) C1-55)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 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
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This is • - to By-law 200
passed day of 1 1
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