Loading...
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 K M O a3 W C � 2 E `o � — V a °° V7 Z gQ 0 C rn ` FL cc ONOH 309lINA G,179 N019N/RIYO p 2 � J, 0 � L � 0. h oo a ° =� mw 3 CL m U � N g � � � �O Q.10 M mm o '� 'v W U) �, ro N Z ILD a` am o f m a` N oil fp m ® ® - - -.}. --� Y - e - ------ - -- ® _�. �• L"""-__ I �,i �j i @fie y A � b�; i I I� ff t � 1 t- r �1 _ C r� 10 i .—_—— r 1111111 • ' �_•• � �' r nx.�ee �' �l■ I I ! I i 1 _9 's• II■� II.. ■�Ilihl�l ii�ll �:� ■■3 ,,,°i■. ilk, ��1111 ii' ism ■1■ .{ i of u a i +i l i c i..• IN . �41111■� � � , Y , : , , ,1. • ■ ■!INN 1 1 4 i i 1 •. i ••i i t: � • i •, i ly j l �, .., 11_1 �� i�_ 111 5Y•i, i 1• win iiI� 11!! ly�lll I �■in Elm III W a 2 -- Ii■� I 11;1,: hI�I 111- •I a � � I mini _ _ I_r_.■ mil!IWR Islliiis { N _ 1• DIED Ii1ll 1—�'11�� IINN i iiINS IIIISol 1II11loll ANN I�I■■I T� !°'—'� �� �� VIII■ u11■ �I I �n I I��1�1��■■� ■■ Isl■! UI i,; I In a `;■� , 1 ■ � ■■--- llii�■ iii F--1 •� I ' I��■��Irk �- ■�I ..I'1 - .ao ��e� ---- 1111 ! iii ■■i ISO■■ u 11� owl 1n=! I I I I ! I i I � I 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 __ - -m -I - - This is • - to By-law 200 passed day of 1 1 ` ! .,� : ' .� OAF R. W-K z i r ►�� I� jd � ON • X1111111111= � '!'!" !°