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HomeMy WebLinkAboutPD-10-98r DN:OWEN.GPA THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File # p' ~ ~`~• ~~ p~~ Date: Monday, January 19, 1998 Res. #G'Pi~-`E~"q Report #: PD-10-98 File #: DEV 96-064 (Revised) By-law # Subject: REZONING AND SITE PLAN APPLICATIONS APPLICANT: ROBERT OWEN PART LOT 29, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON 2728 COURTICE ROAD, 1727 HIGHWAY 2 AND 1729 HIGHWAY 2, COURTICE Recommendations: It is respecttully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-10-98 be received; 2. THAT the revised application to amend the former Town of Newcastle Comprehensive Zoning By-Law 84-63 submitted by Robert Owen (Roy Nichols Motors Limited) be referred back to Staff for further processing and preparation of a subsequent report pending receipt of all outstanding comments; and, 3. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Robert Owen (Roy Nichols Motors Limited) 1.2 Agent: Same as above 1.3 Application: From "Special Purpose Commercial Exception (C5-5) Zone" and "Holding -Urban Residential Type One (H(Ri)) Zone" to an appropriate zone permitting a 1,240 m2 new car showroom expansion to the existing motor vehicle sales establishment and a future 335 m2 used car sales office. The zoning category would also limit the permitted uses on lands owned by the applicant to a motor vehicle sales establishment. 1.4 Site Area: 1.94 hectares (4.79 acres) (1~2 REPORT NO.: PD-10.98 PAGE 2 2. LOCATION 2.1 The subject lands are located at the southwest corner of Courtice Road and Highway 2 (2728 Courtice Road, 1727 Highway 2, and 1729 Highway 2). The applicant's land holdings now total 1.94 hectares (4.79 ac). The property in legal terms is known as Part Lot 29, Concession 2 in the. former Township of Darlington. 3. BACKGROUND 3.1 On December 6, 1996, Robert Owen filed an application with the Municipality of Clarington to amend the former Town of Newcastle Comprehensive Zoning By- Law 84-63. The purpose of the application is to change the current zoning from "Special Purpose Commercial Exception (C5-5) Zone" and "Holding -Urban Residential Type One (H(Ri)) Zone" to an appropriate zone permitting the expansion of the existing motor vehicle sales establishment and to limit permitted uses on lands owned by the applicant to a motor vehicle sales establishment. 3.2 A Public Meeting was held on February 3, 1997. Concerns raised by adjacent residents on Short Crescent included the following items: • Residents of Short Crescent which back onto the applicant's lands experience rear yard drainage problems. • There is a lack of rear yard privacy due to elevated grades on the applicant's lands and the residents' homes. • The nighttime lighting for the car lot shines into the rear windows (bedrooms) of adjacent residents and apparently causes a driving hazard along Short Crescent. • Noise coming from the outdoor loudspeakers is annoying. • Property values may decline if the proposal is approved. • There is a concern regarding how garbage, old vehicles, and used car parts will be stored. ()i~ REPORT NO.: PD-10-98 PAGE 3 3.3 Planning and Public Works Staff held a separate meeting on April 17, 1997 with residents that attended the Public Meeting to discuss their concerns. Minutes of this meeting were mailed to all participants. Some of these issues have been addressed by the applicant. A further discussion is provided in Section 9 of this report. 3.4 The applicant has purchased an additional 0.19 ha (0.47 ac) parcel known as 1727 Highway 2. On December 3, 1997, a revised site plan was received showing the increased site area. This plan now shows a 1,240 m2 new car showroom expansion to the existing motor vehicle sales establishment and a future 335 mZ used car sales office. As a result, a subsequent Public Meeting is required. While the existing Roy Nichols Motors dealership is located at 2728 Courtice Road, the applicant has removed former buildings at 1727 and 1729 Highway 2. 4. EXISTING AND SURROUNDING USES 4.1 Existing Uses: Motor vehicle sales establishment and vacant land 4.2 Surrounding Uses: East - Retail commercial plaza and vacant land North - Open space and Roy Nichols auto body shop West - Urban residential South - Urban residential 5. OFFICIAL PLAN POLICIES 5.1 Within the existing 1991 Durham Region Official Plan, the subject lands are designated "Living Area". Special purposes commercial uses such as motor vehicle sales establishments are permitted within Living Areas provided that appropriate provisions are included within the local plan. As the Clarington ~i`~ REPORT NO.: PD-10-98 PAGE 4 Official Plan contains the necessary policies, the application conforms with the Durham Plan. 5.2 Within the Clarington Official Plan, the subject lands are designated "Special Policy Area E -Redevelopment Area" with an underlying "Urban Residential" designation. These lands are currently occupied by Roy Nichols Motors, along- established commercial use. Section 16.7.1 of the Plan recognizes the potential land use conflicts with future surrounding residential uses and encourages this commercial use to relocate to designated Employment Areas or Highway Commercial Areas within Clarington. If and when the existing commercial land use ceases, these lands shall be used in accordance with the residential land use policies. Redevelopment shall be subject to the intensification policies of Section 6 of the Plan. 5.3 Notwithstanding Section 16.7.1, Section 16.7.3 of the Clarington Official Plan recognizes the benefits of businesses such as Roy Nichols Motors and supports the continued operation, expansion, modernization, and diversification of operations. As a result, the application conforms with the Clarington Official Plan policies. 6. ZONING BY-LAW CONFORMITY 6.1 The existing motor vehicle sales establishment is zoned "Special Purpose Commercial Exception (C5-5)" while the area subject to expansion is zoned "Holding -Urban Residential Type One (H(Ri))". In order that further expansion may be permitted, the applicant has submitted this rezoning application. 7. PUBLIC NOTICE AND SUBMISSION 7.1 Pursuant to Council's resolution and requirements of the Planning Act, the appropriate signage acknowledging the application was erected on the subject biJ REPORT NO.: PD-10-98 PAGE 5 lands. The required notice was mailed to each landowner within the prescribed distance. 7.2 As of the writing of this report, one inquiry has been received from a resident on Short Crescent. Staff explained that the applicant now proposes to convey all stormwater to Highway 2. The proposed expansion to the new car showroom and the future used car sales building were also indicated. Copies of the revised site and engineering plans were given to the resident. 8. AGENCY COMMENTS 8.1 The application was circulated to solicit comments from other relevant agencies. The Clarington Fire Department has no objections to the application. 8.2 Comments from the Clarington Public Works Department -Building Division have indicated no objections to the proposal. Any additions or new structures would be required to meet all conditions of the Ontario Building Code. 8.3 The Clarington Public Works Department -Engineering Division has no objections to the proposal subject to the following conditions: • the lot grading and drainage plan must convey all stormwater flow from the site; • that the applicant enter into a site plan agreement with the Municipality; and, • that all requirements of the Clarington Public Works Department are met. 8.4 The Clarington Public Works Department -Parks Division has no objections to the proposal subject to the following conditions: • that the applicant provide a 2% cash-in-lieu of parkland dedication; and, • that the applicant submit a landscaping plan in support of the application. ~~~ REPORT NO.: PD-10-98 PAGE 6 8.5 Comments to the revised application are still outstanding form the following agencies: • Durham Regional Planning Department • Durham Regional Public Works Department • Central Lake Ontario Conservation 9. STAFF COMMENTS 9.1 The applicant has attempted to alleviate a number of concerns raised by area residents through the Public Meeting process: Grading and Drainage Many residents on Short Crescent which back onto the applicant's lands experience rear yard drainage problems. With the current drainage pattern, part of the applicant's lands naturally drains towards a drainage swale at the rear of the adjacent units along Short Crescent. The applicant now proposes to convey all stormwater from the site through a storm sewer to the Highway 2. This would alleviate the residents' concerns about drainage from the subject lands. Privacy Rear yard privacy for the adjacent residents will be addressed through site plan approval. The applicant is proposing a 3.0 m (10.0 ft) landscaping strip around the perimeter of the property. Therefore, cars will not be parked next to the adjacent properties. Additional screening could be provided through plant material such as a hedge within the landscaping strip. A 1.8 m high privacy fence was erected along the rear yards of the Short Crescent residents in conjunction with development of the subdivision. The applicant has indicated that the remainder of the property boundary would be fenced. Staff would require a privacy fence in these areas. The applicant has also indicated his willingness to save the trees along the western property boundary. ~~~ REPORT NO.: PD-10-98 PAGE 7 Lighting Since the lighting issue was raised, the applicant has reoriented most of the parking lot floodlights to lessen the impact. While the improvements are noted, residents feel that additional changes are required as the lights cause a driving hazard along Short Crescent at nighttime. The applicant is examining alternative lighting options and will be submitting a lighting study for Staff review. Noise Although some operational noise still exists, the applicant has turned off the rear building outdoor loudspeaker in response to the residents' concerns. This has improved the noise situation according to residents. Property Values The issue of property values is not a matter which can be addressed within a planning context. Garbage Storage Staff will ensure that garbage is stored within an appropriate outdoor enclosure. Staff will engage in further meetings with adjacent residents as required to resolve any future issues. 9.2 As the purpose of this report is to satisfy the requirements for the Public Meeting under the Planning Act, and taking into consideration all of the comments received, it is respectfully requested that this report be referred back to Staff for further processing and the preparation of a subsequent report. iJi~ REPORT NO.: PD-10-98 Respectfully submitted, ~.,. Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development RH*FW*df 9 January 1998 Attachment #1 -Key Map Attachment #2 -Proposed Site Plan Reviewed by, PAGE 8 W.H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Robert Owen Wayne Faubert c/o Roy Nichols Motors 39 Short Crescent 2728 Courtice Road Courtice, Ontario Courtice, Ontario Li E 2Z5 L1 E 2M7 Grant and Lisa Bradley George and Margaret Gouldburn 47 Short Crescent 1721 Highway 2 Courtice, Ontario Courtice, Ontario Li E 2Z6 L1 E 2R5 William Mark Carman Greg Madill 49 Short Crescent 24 Short Crescent Courtice, Ontario Courtice, Ontario Li E 2Z6 Li E 2Z5 Tim Chretien Don Thompson 51 Short Crescent 37 Short Crescent Courtice, Ontario Courtice, Ontario Li E 2Z6 Li E 2Z5 ~i REPORT NO.: PD-10-98 Steve Conway 51 Short Crescent Courtice, Ontario L1 E 2Z6 Tim Reid 11 Peachtree Crescent Bowmanville, Ontario L1 C 4K8 Cecil Adema 1719 Highway 2 Courtice, Ontario Li E 2R5 Mr. Rick Gay Courtice Corners Limited 97 Athol Street Oshawa, Ontario Li H 1 J8 ~J~J PAGE 9 ATTACHMENT #1 SUBJECT SITE LOT 30 LOT 29 LOT 28 III T1 I ~ ~, ~' 1-1~1T-i'r~ ! r'r~~ ~ ~ ~_ - NASH ROAD ~ - ~- L_ ~ ~ ~ _ - - ~, -_ - ~' ~~ ~~~ ,'~~ ~i ~~ ' ~ ~ v ~ 1 .~ ~ ~~ ~ / ~ ~ ~ _ - , ~ CSI - Q I ~ q ~. `~-~ J O ~~~ I ~ I - _O ~ ~ ~ o (n J L ~ Q ~ O W ~~ ~ U ~~ w ~ O aP U U J°~ ~ 8_ ~ P ~ - ~' ~~ o U 1 r ~i~ 0 COURTICE D EV. 9 6- 0 6 4 KEY MAP ~ AS REVISED ATTArHMFNT ~7 R~ I ..... . ~~ ~~ ji ~~~~pp~ , . p6 ei ~ F I i 1 .`_` 1~~~'t ~ a e~35y: ~~ •Y p~ y O / t~~ 4~ ~ .paY; ~ t4'g ~ ' /mm~ h ! 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