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HomeMy WebLinkAboutPD-34-98THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN:CLINIC.GPA REPORT Meeting: General Purpose and Administration Committee File #~~4.~e~.97.~97 Date: Monday, March 23, 1998 Res. # ~ P a - I ~ ~- ~~ Report #: PD-34-98 File #: DEV 97-097 By-law # 9~-~3 Subject: REZONING APPLICATION CLINIC BUILDINGS (1979) LTD. PART LOT 34, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 97-097 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-34-98 be received; 2. THAT the application to amend the former Town of Newcastle Comprehensive Zoning B)r-Law 84-63 submitted by Barry-Bryan Associates Limited on behalf of Clinic Bulldmgs (1979) Limited be APPROVED; 3. THAT the amending By-Law attached hereto be forwarded to Council for approval; 4. THAT the Holding "H" Symbol not be removed until such time that the applicant has submitted an application for site plan approval and entered into a site plan agreement with the Municipality; 5. THAT a copy of the report and the amending By-Law be forwarded to the Durham Region Planning Department; and, 6. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Clinic Buildings (1979) Limited 1.2 Agent: Barry-Bryan Associates Limited 1.3 Application: To amend the provisions of the "Holding - General Commercial Exception ((H)Ci-11) Zone" to permit the following development: 606 REPORT NO.: PD-34-98 PAGE 2 • a 3 storey building containing 929 m2 of retail and personal service floorspace and 2,787 mz of medical/dental office floorspace • a 4 storey building containing 126 seniors apartment units. 1.4 Site Area: 1.62 hectares (4.0 acres) 2. LOCATION 2.1 The subject. lands are located at the northeast corner of Varcoe Road and Highway 2 in Courtice. The applicant's land holdings total 1.62 hectares (4.0 ac). The property in legal terms is known as Part Lot 34, Concession 2 in the former Township of Darlington. 3. BACKGROUND 3.1 On December 18, 1997, Barry-Bryan Associates Limited filed an application on behalf of Clinic Buildings (1979) Limited 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 amend the provisions of the "Holding -General Commercial Exception ((H)Ci-11)" zone to permit the development of 929 m2 of retail and personal service floorspace, 2,787 m2 of medical/dental office space, and 126 seniors apartment units. The retail and medical office building is 3 storeys in height while the seniors apartment building encompasses 4 storeys. 3.2 A statutory Public Meeting was held on Monday February 2, 1998 for the application. Three individuals spoke at the meeting: • A person requested that the larger trees on the property be transplanted to creek shores in Courtice. • Concerns were raised that development of the site would aggravate the - b~7 REPORT NO.: PD-34-98 PAGE 3 existing traffic problems on Highway 2. An entrance should not be permitted from Highway 2. 3.3 • The final person supported the application indicating that the development would be an asset to the community. There have been four inquiries on the property: • An individual, who also wishes to develop a medical clinic in Courtice, requested development and file status information for the application. • A resident residing on Cherry Blossom Crescent requested to view the plans. The main concern focussed on privacy from the seniors building. This matter will be discussed in the Section 8 of this report. • The other requests have been of a general nature as well as asking for further copies of Staff reports. 4. EXISTING AND SURROUNDING USES 4.1 4.2 5. 5.1 Existing Uses: Surrounding Uses: Vacant land East - Urban residential North - Urban residential West - Commercial uses South - Commercial uses OFFICIAL PLAN POLICIES Within the Durham Region Official Plan, the subject lands are designated "Sub- Central Area". Uses permitted within this designation include commercial, residential, office, recreational, and community uses. The application appears to bJ8 REPORT NO.: PD-34-98 PAGE 4 conform with the policies. 5.2 The subject lands are designated "Sub-Central Area -Mixed Use Area" within the Clarington Official Plan. The subject lands are encouraged to be developed for high intensity uses and to become the focal point of architectural interest for the Courtice Sub-Central Area. Permitted uses include mixed use buildings with retail and personal service uses on the ground floor, professional and business office buildings with ground floor retail, medium or high density residential buildings, and community facilities. 5.3 The Plan permits a maximum combined floor space index (F.S.I.) of 1.0 for mixed use development while the retail and personal service component of the development cannot exceed an F.S.I. of 0.3. Floor space index is the ratio of the total floor area of a building(s), excluding enclosed parking areas, loading facilities, and garbage rooms, in relation to the area of the lot on which the building(s) are located. The combined F.S.I. for the proposal is 0.86 while the F.S.I. for the retail and personal service component 0.27. 5.4 Residential densities permitted for high density development within Central Areas range between 61 to 100 units per net hectare. The proposed density of 78 units per net hectare is within the range. 5.5 The maximum height for residential buildings or combined use buildings within the designation is 6 storeys. The proposed building height for the retail and medical/dental building is 3 storeys while the height of the seniors apartment building is 4 storeys. 5.6 On this basis, the proposal conforms to the official plan policies. 609 REPORT NO.: PD-34-98 PAGE 5 6. ZONING BY-LAW CONFORMITY 6.1 The present zoning on the subject lands was implemented for the former Rosebridge-Newcastle Inc. proposal. The property is currently zoned "Holding - General Commercial Exception ((H)Ci-11)" which permits a mixed use development including 3,200 m2 of retail floorspace, 929 m2 of office and personal service floorspace, and 110 apartment units. The zoning also contains specific regulations for building setback and height requirements. A rezoning application is warranted to permit the specific requirements of the Clinic Buildings (1979) Limited proposal. 7. AGENCY COMMENTS 7.1 The application was circulated to solicit comments from relevant agencies. Ontario Hydro and the Clarington Fire Department have no objections to the application. 7.2 The Clarington Public Works Department -Engineering Division has no objections to the application provided that the following conditions are satisfied: • a road widening is required along Varcoe Road to facilitate an ultimate road width of 26.0 m; • the applicant must prepare a traffic study which demonstrates that the traffic generated by the proposed development does not adversely impact the surrounding road network; and, • street illumination must be provided at the connecting access at Highway 2. 7.3 The Clarington Public Works Department -Parks Division has no objections to the development subject to the following conditions: - 610 REPORT NO.: PD-3498 PAGE 6 • the applicant must provide acash-in-lieu of parkland dedication at a rate of 1.0 hectare per 300 dwelling units; • the applicant must prepare and submit a landscaping plan for approval. The plan should preserve as many trees along the property lines as possible; and, • a suitable pedestrian link must be provided between the site and the Cherry Blossom Parkette located at the northeast corner of the site. 7.4 The Clarington Public Works Department -Building Division has no objections to the proposal subject to the following conditions: • fire hydrants must be provided according to satisfy firefighting requirements; and, • the Varcoe Road and Highway 2 entrances must incorporate the minimum 12.0 m turning radii. Detailed building requirements under the Ontario Building Code will be administered through the Building Permit stage. 7.5 The Durham Region Planning Department has no objections to the proposal but provides the following comments: • municipal services are available to the site from Highway 2 and Varcoe Road; and, • Highway 2 is designated a Type "A" arterial. The residential use on the property may be susceptible to noise from the roadway. The Municipality - 611 REPORT NO.: PD-34-98 PAGE 7 should be satisfied that the noise impact from the roadway can be mitigated. 7.6 The Durham Regional Public Works Department has no objections subject td the following requirements: • Highway 2 will may become a divided arterial in the future and access will therefore be restricted to a right-in right-out only. Detailed comments will be provided at the site plan approval stage; • Full access can be provided by way of Varcoe Road; and, • The intersection at Varcoe Road and Highway 2 is being proposed to be signalized in the 1998 signal installation program. 7.7 The Central Lake Ontario Conservation Authority has no objections to the proposal. A stormwater management scheme has been approved for the area, including the subject lands, in 1997 by D.G. Biddle and Associates which may be utilized by the applicant. Should this approval not meet the requirements of the proposal, the applicant would be required to prepare an alternative plan for approval by the Authority. 7.8 Comments still remain outstanding from the following agencies: • Canada Post Corporation • Bell Canada 8. STAFF COMMENTS 8.1 The previous development contemplated a five storey building with ground floor commercial and 110 residential apartment units on subsequent floors. A second two storey building containing office and retail commercial uses was approved for 612 REPORT NO.: PD-34-98 PAGE 8 the corner of Varcoe Road and Highway 2. The zoning permits 3,200 m2 of retail floorspace and 929 m2 of office and personal service floorspace. With the amount of floorspace allocated and the variety of uses permitted on the property, an applicant could develop a plaza with multiple storey residential apartment units. 8.2 The current proposal differs significantly from the previous proposal in the following manner: • The overall amount of retail and office floorspace development potential on the site decreases from 4,129 m2 to 3,716 m2. • The amount of retail commercial floorspace has decreased from 3,200 m2 to 929 m2. • Although the amount of office space increases from 929 mz to 2,787 m2, all retail and office uses are now concentrated at the front of the site, farther away from the adjacent residential areas. This removes the impact of commercial traffic and loading areas from adjacent residentially zoned areas. • The proposal shows a single storey dining room and kitchen facility in the seniors apartment building at the northeast corner of the site. Although located close to the north property line, this extension of the building abuts the Cherry Blossom Parkette. Staff feel that this will not have any sizable impact on nearby residential properties. • The height of the seniors apartment building has decreased from 5 to 4 storeys. The setback from three residential properties on Cherry Blossom Crescent which abut the subject lands is increased from 16.5 m to 18.0 m. The combination of a height decrease and setback increase will lessen the b13 REPORT NO.: PD-34-98 PAGE 9 shadow impact during the winter months on these existing homes. • While the previous application proposed a laneway with parking adjacent to the three existing homes on Cherry Blossom Crescent, the current application shows this as landscaped area. This eliminates vehicular noise impacts along the rear of these properties. • Although a laneway is shown along the rear of the residential properties to the north, the original building setback of 16.5 m has been maintained. The laneway will be used for deliveries, garbage removal, and parking. As the laneway no longer encompasses the apartment building, traffic noise should be reduced for properties to the north. Staff will ensure that these properties are adequately screened. • Garbage will be stored internally for both buildings. • Approximately 22% of the site is landscaped. This includes landscaped areas, landscaped entrances areas, and green strips within the parking lot. 8.3 The privacy of adjacent residents is an issue which is difficult to address. By reducing the building height and increasing the setback, the applicant has attempted to reduce the impact of the building. The applicant has also indicated that the apartment units will not have individual balconies. 8.4 The rezoning application was accompanied by an environmental site report prepared by a professional engineer indicating whether a site is clean or contaminated. The report indicates that there is no evidence of contamination on the property. 614 REPORT NO.: PD-34-98 PAGE 10 8.5 The applicant fulfil all stormwater management requirements which have been approved for the area through the 1997 study prepared by D.G. Biddle and Associates. Should this approval not meet the requirements of the proposal, the applicant would be required to prepare an alternative plan for review by the Authority as a condition of site approval. 8.6 A traffic study must be prepared by the applicant which demonstrates that the traffic generated by the proposed development does not adversely impact the surrounding road network. This will be required as a condition of site plan approval. 8.7 The applicant will be required to revise the shadowing drawings and calculations to demonstrate that adjacent residents will not be adversely impacted by shadow effects of the building during certain periods of time. 8.8 The applicant must prepare a study to determine the noise impact from Highway 2 as a condition of site plan approval. The recommendations will determine appropriate noise mitigation measures used in the construction of the seniors apartment building. 8.9 The entrance from Highway 2 to the site has been moved farther east. This was required to accommodate improved internal traffic movement as well as egress from the site onto Highway 2. Further refinements to the entrances and parking areas may be required through site plan approval. 8.10 A suitable pedestrian link must be provided between the site and the Cherry Blossom Parkette located immediately to the northeast of the site. This will provide seniors with an opportunity to enjoy the parkette as well as on-site landscaping. This link is not intended to provide a more direct for the adjacent 615 REPORT NO.: PD-34-98 PAGE 11 neighbourhood to access the site. A walkway currently exists from Cherry Blossom Crescent to Highway 2 which can be used by existing residents. 8.11 The parking lot will provide 200 parking spaces, including handicapped parking, to serve the development. The site plan proposes some landscaping islands within the parking area. The proposed zoning would permit a reduction in parking space length along a landscaping strip. Generally, cars will overhang over the curb onto the landscaped area. In return, the applicant will provide slightly wider landscaping strips along perimeter areas of the parking lot. Staff will also ensure that the street frontages are appropriately landscaped. 8.12 The proposed zoning also reduces the amount of loading spaces required for the development. According to the current requirements, the medical/commercial building would require 3 loading spaces. It is staff's opinion that two loading spaces are sufficient, given that types and volumes of deliveries anticipated. 9. RECOMMENDATIONS 9.1 The applicant has provided a very detailed concept plan to support this rezoning application. Staff feel any remaining design issues can be addressed through the site plan approval process. Based on the comments provided in this report, Staff would recommend thatthis application and the amending By-Law be APPROVED. 9.2 Prior to the issuance of a building permit, the applicant must submit an application for site plan approval as well as enter into a site plan agreement with the Municipality. This process will examine site plan design issues, grading and drainage, stormwater management, traffic, noise, landscaping, building elevations, and shadow effects. 9.3 The zoning for the property currently contains a Holding "H" symbol. This ensures that development cannot proceed prior to site plan approval. Once all 616 REPORT NO.: PD-34-98 PAGE 12 conditions of site plan approval are fulfilled by the applicant, a zoning by-law amendment to remove the Holding "H" symbol will be forwarded to Council for approval. Respectfully submitted, ~~~~ klin Wu, M.C.I.P., R.P.P. Director of Planning and Development Reviewed by, J W.H. Stockwell Chief Administrative Officer RH*FVV*df 13 March 1998 Attachment #1 -Key Map Attachment #2 -Proposed Site Plan Interested parties to be notified of Council and Committee's decision: Mr. Harry Horricks c/o Oshawa Clinic 117 King Street East Oshawa, Ontario LiH iB9 John MacDonald 5380 Lakeshore Road Unit #5 Burlington, Ontario L7L 1 C2 Mr. Dennis Bryan Barry-Bryan Associates Limited 11 Stanley Court Whitby, Ontario L1 N 8P9 Ken Pasricha 3 Jamieson Crescent Whitby, Ontario Li R 1 V2 April Nairne 11 Islay Court Courtice, Ontario Li E 2E7 617 ATTACHMENT N 1 ® SUBJECT SITE LOT 35 LOT 34 z ~ III - -- ~iiiiii~ ,, ~ ~ ROAD > w ~ I - _o z - j - - ~ -- Z ~ - J ~ ~~r o _-~ __1 HIGHWAY 2 ~ ~ N z (n p ~ I - W ~ _, U w ~ - -~'- Z z - J - ~ z --_ I~ U ~ _ - -- - ~ r~~ --~ O - ,~ ,. ~- I- _- ~`~ ~ ~, -- _ ~__ %j ~ __~ _ i _ ~ -' ~\ r _ l\ 1 ~ I ! ~ - F _~ \l ~- /fir' COURTICE DEV. 97-097 KEY MAP - b18 ATTACHMENT N2 i ~ ~- ° t/ ~ 4 w B ~ g ~ ~ a ~a o Ia~~! g ~m ~~ E~ ~<~5 se4 r ~a&~ ti~~¢ n z §@ @@ g `C~ p yy W 0 { S< ~2 ~~ 55~ o S a j~ ~' k ®y~y m ! 9 4 9 a o a z H l:a1 F IeX ~~ r e -€ ~ ~~ ~~~~1-- ~A~ I -_ -_ I I JI ~3 11,-- pp !9a ~ ~ ®~® ~i I I- - N - r -- - -- -- I '~ _J 1 I ig ii! ® 9 14 ~ -~~ -moo ~, ~ ~~ ~'~- ~ ~~~ ~9° I 1 IZI 1 ~ ~ @a$ I~ f S I~ ~~f' -I 1 X 1 9 _ I py I Imr I ~ ~~~ V ~ ~ y! 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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 in accordance with application DEV 97-097 to permit a development consisting of 929 m` of retail commercial floorspace, 2,787 m~ of medical office space, and 126 seniors apartment units. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 16.5.11 "General Commercial Exception (C1-11) Zone" is hereby deleted and replaced by the following new provisions as follows: "16.5.11 GENERAL COMMERCIAL EXCEPTION (C1-11) ZONE: Notwithstanding Sections 3.12. 3.15, 16.1,16.2, and 16.3, those lands zoned (C1- 11) as shown on the Schedules to By-Law 84-63 shall be subject to the following zone regulations: a) Definitions i) Landscaping Strip Shall mean an area of land used for any one or more of the planting of trees, shrubs, flowers, grass, or other horticultural elements, such as decorative stonework, fencing, or screening. b) Permitted Residential Uses i) a senior citizen's apartment building c) Permitted Non-Residential Uses i) bakery shop; ii) bank of financial establishment, business, professional or administration office; iii) convenience store; iv) day nursery; v) dry cleaners distribution centre; vi) eating establishment; vii) medical or dental clinic with associated laboratory services; - 620 2- viii) pharmacy: ix) retail commercial establishment; x) service shop, light; and, xi) service shop, personal. d) Regulations for Residential Uses i) Front Yard (minimum) ii) Exterior Side Yard (minimum) iii) Interior Side Yard (minimum) iv) Rear Yard (minimum) v) Building Height (maximum) vi) Dwelling Units (maximum) vii) Parking Space Size viii) Parking Spaces (minimum) e) Regulations for Non-Residential Uses 77.0 m 18.0 m 16.5 m except where a part of a single storey portion of a senior citizen's apartment building is located within 35.0 m of the rear lot line, then the setback shall be 2.0 m 18.0 m except where a part o1 a single storey portion of a senior citizen's apartment building is located within 28.0 m of the interior lot line, then the setback shall be 11.0 m 4 storeys 126 units 5.2 metres in length by 2.75 metres in width provided that such space is perpendicular to a landscaping strip 32 i) Front Yard (minimum) 1.0 m (maximum) 5.0 m ii) Exterior Side Yard (minimum) 2.0 m (maximum) 8.0 m iii) Building Height (maximum) 3 storeys iv) Retail and Personal Service Floor Space (maximum) 929 m~ v) Office Floor Space (maximum) 2,787 m~ vi) Parking Space Size 5.2 metres in length by 2.75 metres in width provided that such space is perpendicular to a landscaping strip 621 3- vii) Parking Spaces (minimum) 168 viii) Loading Spaces 2 f) General Regulations i) Landscaped Open Space (minimum) 22°/d' 2. This By-Law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 of the Planning Act, R.S.O. 1990. By-Law read a first time this day of 1998. By-Law read a second time this day of 1998. By-Law read a third time and finally passed this day of 1998. MAYOR CLERK - 622