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Home My WebLink AboutPD-137-98~-r ~' DN: PD-137-98 THE CORPORATION OF THE MUNICIPALITY OF CAARINGTON REPORT Meeting: General Purpose and Administration Committee File #~~/~ .De_D ~?~• 0~9". Date: December 7, 1998 Res. #i~ P H ' Co <~=' - ~~~ Report #: PD-137-98 FILE #: DEV 96-064 (Revised) By-law #_~~Q /~J~J Subject: REZONING APPLICATION ~7 APPLICANT: ROBERT OWEN PART LOT 29, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE NO.: DEV 96-064 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-137-98 be received; 2. THAT the revised application to amend the former Town of Newcastle Comprehensive Zoning By-law 84-63 submitted by D.G. Biddle and Associates, on behalf of Robert Owen (Roy Nichols Motors Limited), be APPROVED; 3. THAT the amending by-law attached to Report PD-137-98 be forwarded to Council for approval; 4. THAT a copy of Report PD-137-98 and the amending by-law be forwarded to the Durham Region Planning Department; and 5. 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 Ltd.) 1.2 Agent: D.G. Biddle and Associates Ltd. 1.3 Application: From "Special Purpose Commercial Exception (C5-5) Zone" and "Holding -Urban Residential Type One (H(R1)) Zone" to an appropriate zone permitting an expansion to the existing motor vehicle sales establishment and construction of a future OJZ REPORT NO.: PD-137-98 PAGE 2 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. 2. LOCATION 2.1 The subject lands are located at the south-west 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 acres). 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(R1) Zone" to an appropriate zone permitting the expansion of the existing motor vehicle sales establishment, the construction of a future used car sales office 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. The following concerns raised by adjacent residents: • Residents on Short Crescent, adjacent to the applicant's lands, experience rear yard drainage problems. • Rear yards lack privacy due to the grading. • Lighting for the car lot shines into the rear bedroom windows of adjacent residents and apparently causes a driving hazard along Short Crescent. • Noise from the outdoor loudspeakers is annoying. • Property values may decline if the proposal is approved. - e .~ 3 REPORT NO.: PD-137-98 PAGE 3 • Concerns were raised over the storage of garbage, old vehicles, and used car parts. 3.3 On April 17, 1997, Planning and Public Works Staff held a separate meeting with residents from Short Crescent that attended the Public Meeting to discuss their concerns. The applicant has addressed some of these issues. 3.4 A second Public Meeting was held on January 19, 1998 for a revised site plan that included a 0.19 ha (0.47 acre) property at 1727 Highway 2. The plan included a 1,240 m2 new car showroom expansion to the existing building and a future 335 mz used car sales office on the western half of the site. Residents from Short Crescent attending the meeting again voiced concerns regarding the lack of rear yard drainage and privacy. 3.5 A further site plan revision submitted on October 15, 1998 indicates a proposal by the applicant to regrade the rear yards on all adjacent Short Crescent properties (see Attachment No.s 2 and 3). This includes removal and replacement of all affected fences, regrading and resodding of all rear yards, and changes to the storm sewer system. A second meeting was held on October 28, 1998 to present this revised proposal to the affected residents of Short Crescent. As the proposal would eliminate the drainage problem and provide the proper screening, the residents have endorsed the scheme. Further discussion of the proposal is contained in Section 8 of the report. 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 Motors autobody shop - b .~ 4 REPORT NO.: PD-137-98 PAGE4 West - Urban Residential South - Urban Residential 5. OFFICIAL PLAN POLICIES 5.1 The subject lands are designated "Living Area" within the Durham Regional Official Plan. Special purpose commercial uses such as motor vehicle sales establishments are permitted within Living Areas provided that local plans contain appropriate provisions. As the Clarington 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. Roy Nichols Motors, along-established commercial use, currently occupies these lands. Section 16.7.1 of the Plan recognizes that the potential land use conflicts with future surrounding residential uses and encourages this commercial use to relocate to a designated Employment Area or Highway Commercial Area 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. of the Clarington Official Plan recognizes the benefits of businesses such as Roy Nichols Motors and supports the continued operation, expansion, modernisation, and diversification of operations. As a result, the application conforms with the Clarington Official Plan policies. 6. ZONING BY-LAW CONFORMTIY 6.1 The existing motor vehicle sales establishment is zoned "Special Purpose Commercial Exception (C5-5)" while the area subject to expansion is zoned bJ~ REPORT NO.: PD-137-98 PAGE 5 "Holding-Urban Residential Type One (H(R1))". In order that further expansion may be permitted, the applicant has submitted this rezoning application. 6.2 The current "Special Purpose Commercial Exception (C5-5)" zone permits retail sales of furniture, appliances, office furniture, building supply outlet, garden/nursery centre, catalogue sales, fruit/vegetable outlet, motor vehicle sales establishment, recreational vehicle sales, restaurants, places of entertainment, places of worship, hotels and motels, private clubs, and veterinary clinics. The zone does exclude taverns and beer/liquor/wine outlets. The Official Plan policies only recognize the existing uses on these lands. The second purpose of the application is to limit the use of the property to a motor vehicle sales establishment. 7. AGENCY COMMENTS 7.1 The revised application was circulated to solicit comments from other relevant agencies. The Clarington Fire Department has no objections to the application. 7.2 The Clarington Public Works Department, Engineering Division, has no objections to the proposal subject to the following conditions: • The applicant must provide a suitable easement for municipal access to the existing storm sewer system located at the rear of the lots fronting on Short Crescent. • The lot grading and drainage plan must convey all stormwater flow from the site. • The applicant must construct stormwater drainage works according to the approved stormwater management plan. • The applicant must obtain permission from all adjacent landowners prior to the commencement of grading and drainage works on private property. • The applicant must enter into a site plan agreement with the Municipality. bJd a REPORT NO.: PD-137-98 PAGE 6 7.3 The Clarington Public Works Department, Parks Division, has no objections to the proposal subject to the following conditions: • The applicant must provide a 2% cash-in-lieu of parkland dedication. • The applicant must submit a landscaping plan in support of the application. 7.4 Comments from the Clarington Public Works Department, Building Division, have indicated no objections to the proposal. The location of fire hydrants and entrances will be approved through site plan approval. Any additions or new structures would be required to meet all conditions of the Ontario Building Code. 7.5 The Durham Region Planning Department has indicated that the Durham Region Official Plan permits special purpose commercial uses such as automotive sales and service establishments within the "Living Area". As a result, the Region has no objections to the proposal. 7.6 The Durham Region Public Works Department has indicated no objections to the proposal subject to the following conditions: The site is serviced by an existing 300 mm watermain and 200 mm sanitary sewer on Courtice Road. The applicant must convey a 2.13 m road widening along the entire Highway 2 property frontage and a 3.048 m road widening along the entire Courtice Road frontage to the Region free and clear of all encumbrances. • There are currently two access points on Highway 2. Only the most western entrance will be permitted. • Access from Courtice Road will be limited to one access point. The existing roll top curb shall be replaced with barrier curb to prevent access to the building from the roadway. bJ~ REPORT NO.: PD-137-98 PAGE 7 • A 6.0 m wide easement will be required for the future watermain extension along the Highway 2 frontage south of the proposed 2.13 m road widening. 7.7 Central Lake Ontario Conservation has indicated no objections to the rezoning application. Comments relating to the stormwater management plan will be offered as part of the site plan approval process. 8. STAFF COMMENTS 8.1 The applicant has attempted to alleviate the concerns raised by area residents through the Public Meeting process in the following manner: Grading and Drainage Many residents on Short Crescent that 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 properties. The applicant now proposes to fill in this Swale and convey all stormwater from the rear yards of the Short Crescent properties onto the subject lands and into the storm sewer. This would alleviate the residents' concerns about drainage, both from their properties and from the subject lands. Privacy Rear yard privacy for the adjacent residents has also been raised. The privacy fence currently separating the Short Crescent properties from Roy Nichols Motors is located next to the Swale which is the low point in the grading. As a result, it does not provide much effective privacy. With the removal of the Swale, the applicant will also raise the fence that will provide approximately 0.75 m (2.5 feet) of additional privacy (see Attachment No. 3). The applicant has indicated that the remainder of the western property boundary would be also fenced. Staff would require a wooden privacy fence in these areas. b .~ REPORT NO.: PD-137-98 PAGE 8 Landscaping The applicant is proposing a 3.0 m (10.0 feet) landscaping strip around the perimeter of the property. This is expanded to an 8.75 m strip at the western extent of the property to provide privacy, protect the existing trees, and protect the cars from tree sap. The applicant is also proposing a 1.8 m high cedar hedge with trees in certain areas along the southern property line. Once mature, the hedge and trees will provide additional rear yard privacy and a noise barrier. Li htin 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 night time. The applicant will be installing lights, which directs light towards the ground. Alighting study will be submitted for Staff review and approval through the site plan approval process. 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 the residents. Raising the privacy fence and maturation of the hedge will also reduce the amount of the noise affecting the residences. Property Values The issue of property values is not a matter that can be addressed within a planning context. Garbage Storage Staff will ensure that garbage is stored within an appropriate outdoor enclosure. ~,~9 REPORT NO.: PD-137-98 PAGE 9 8.2 The applicant proposes to regrade the Swale in the rear yards of the Short Crescent properties. The Municipality maintains an easement over this Swale for maintenance purposes. Although the Public Works Department will approve the required engineering, the proposed works will be at the applicant's expense. The Municipality will grant the applicant access over this easement to perform the required works. 8.3 The applicant must also obtain permission from each affected landowner (13 in total) to enter private property for the period of time required to perform the required works. All 13 landowners must agree to the scheme or else the regrading cannot be performed. Informal discussions with some residents have indicated that each landowner is willing to participate. 8.4 The purpose of the application is to permit the applicant to utilize recently acquired lands for a motor vehicle sales establishment. Although the zoning currently permits a variety of uses on the site, the special policy for these lands contained in the Official Plan only recognizes the existing motor vehicles sales establishment use. The proposed Zoning By-law would limit the permitted uses to a motor vehicle sales establishment. This would bring the zoning into conformity with the Official Plan. 8.5 Area residents also indicated that they did not wish to have any buildings constructed too close to their rear yards. The proposed zoning amendment provides a buffer to all adjacent residential areas without compromising the owners' ability to expand efficiently. Attachment No. 2 indicates the building envelope as defined by the zoning amendment. This is the area within which the applicant could construct future buildings or additions. Where a second building such as the used car sales building is proposed, the building must be located 68 m from Courtice Road and no closer than 36 m to any residential areas to the south. ~~~ REPORT NO.: PD-137-98 PAGE 10 Staff have discussed the impacts of the proposed zoning amendment with the agent. The agent has indicated that the proposed zoning would be acceptable to the applicant. 8.6 Staff recommend that a Holding "H" symbol be placed on the property to ensure that all remaining issues are resolved through the site plan approval process. The applicant will be required to enter into a site plan agreement with the Municipality. 9. RECOMMENDATIONS 9.1 Based on the comments contained in this report, it is respectfully recommended that the rezoning application as contained Attachment No. 4 be APPROVED. The applicant will be required to enter into a site plan agreement for the entire site at which time the Holding "H" symbol will be removed. Respectfully submitted, r ' y~c~~; ~-~~~ _ ~~. ~.~ Franklin Wu, M.C.I.P., R.P.P. Director of Planning & Development RH*LT*FW*df 20 November 1998 Attachment No. 1 - Key Map Attachment No. 2 - Proposed Site Plan Attachment No. 3 - Backyard Privacy Section Attachment No. 4 - Zoning By-law Amendment Reviewed by, Chief Administrative Officer. ~~~ REPORT NO.: PD-137-98 PAGE 11 Interested parties to be notified of Council and Committee's decision: Robert Owen Sandra and Kevin Ross Cecil Adema do Roy Nichols Motors 43 Short Crescent 1719 Highway 2 2728 Courtice Road COURTICE, Ontario COURTICE, Ontario COURTICE, Ontario Li E 2Z5 L1 E 2R5 L1E 2M7 Bill Creamer D.G. Biddle & Associates Ltd. 96 King Street East OSHAWA, Ontario L1H 1B6 George and Margaret Gouldburn 1721 Highway 2 COURTICE, Ontario Li E 2R5 Greg Mad i I I 24 Short Crescent COURTICE, Ontario L1 E 2Z5 Jennifer and Timothy Sherlock 33 Short Crescent, COURTICE, Ontario Ll E 2Z5 Franco DeLio and Linda Pascoe 35 Short Crescent COURTICE, Ontario Lt E 2Z5 Don Thompson 37 Short Crescent COURTICE, Ontario L1 E 2Z5 Wayne Faubert 39 Short Crescent COURTICE, Ontario L1 E 2Z5 Jeff and Nelia Kemp 41 Short Crescent COURTICE, Ontario L1 E 2Z5 Jacqueline Roncetti 45 Short Crescent COURTICE, Ontario Li E 2Z6 Grant and Lisa Bradley 47 Short Crescent COURTICE, Ontario L1 E 2Z6 William Mark Carman 49 Short Crescent COURTICE, Ontario Li E 2Z6 Tim Chretien St Short Crescent COURTICE, Ontario Lt E 2Z6 Michael and Sandra Hubbard 53 Short Crescent COURTICE, Ontario L1E 2Z6 William and Meagan Waller 55 Short Crescent COURTICE, Ontario Lt E 2Z6 Steve Conway 57 Short Crescent COURTICE, Ontario L1 E 2Z6 John Healey 2800 Courtice Road Unit 33 COURTICE, Ontario L1 E 2N6 Tim Reid 11 Peachtree Crescent BOWMANVILLE, Ontario L7 E 4K8 Mr. Rick Gay Courtice Corners Limited 97 Athol Street OSHAWA, Ontario L1H 1J8 ~~~ ATTACHMENT M1 ® SUBJECT SITE LOT 30 LOT 29 LOT 28 ~~ ~i i i i i i i i~ i i i~ i~ i r~ ~~ l l I _ NASH ROAD __ L- ~ ~ _._ ~~, N~ N /~ 1 ---- ~ CV ~;,~ -- o (! ; I; -~ Z Q ~,i;~ ~ -- ~ ~ ~~~ `~ ' ~ J w ~ _ ~ o U ~~ ~ ~ O i U ~~ U P ~ ,O~ l - ~' , P ~ i~ i ~ ~,, COURTICE D E V. 96-064 KEY MAP ~YJ ATTACHMENT #2 ~ ~ tC ce f 8j: _ e 0 ® .® ~ 'pl t t k .§ ~ X36 ~ 11 6 9 3 6 5 1 4~ s ' - V/ avow 3~ isiano~ ~ ~~ ~s •. ~~ ~ ~ ~p , r - - T s W 1 Q -=e .~. v,..e vs w.. ~ .~ ..,... +.. , .. ''''yyyy ~ ~ ~ ,.~ i ~ ~ ~ ] 0=~3 ~SLib ~ ~~~d i~ ,v ..: ~ ~ .. E .- t,~~ Ee . ~II it e Z y ii~ m ~ O~ JLL . $ - \ H v ~ ~ i i, F ~ R~~ « y ~ Y - '~ ~ w ~L L_~~1__~ d ~ e - ` i , I a ~ ~ ~b i ~~by F I ~ ~ d = - $ b.~ ~ :f- M __ !V j ~= ~ / O T . 2 L' '. 1~ g fe r ~~ J { L- 1 N ~~. r - A ~ _ -~E s+ ._J ____ 3 / ~. ~ i - ~ 3 V/ f~'i z ~ ~ e €: ~ ' _ ~~~ .~ w r ,e~ :R~ i . s a ~ ~ '1 ~ a rv - Z / ~ /WA~ f E ce' tl F~ ~WS . _ ~ A x x ~ ~ N -- y - Z O .y~ ._ ~ m ~ J ;~ ~ ~ Z ~ e ~ W ~ L , W ~, r zr ~~ ~ ~ ~.. _- ~ a ~ ~... asow A ,~, _~ ~ ~ t ~ a~. m _ -~, ~' ~ ~ ~ ~ ~~ , ~ p 0 . J ~ ~ .~ o . _~~ .n... ~~ ~ ,.,..~..._..~n ~ ~ `~ ~~ a m - ~~ _ , ; ~, ~ ~ ; r ~ , ~ , o i ~ ~ ~~,~ ~ ~ 3 u .t :t O`tJ ATTACHMENT#3 THE CORPORATION OF THE MUNICIPALITY OF Clarington BY-LAW NUMBER98- being a By-law to amend the Comprehensive Zoning By-law 84-63 for the Corporation. of the Municipality of Clarington WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it advisable to amend Comprehensive Zoning By-law 84-63, as amended, of the Corporation of the former Town of Newcastle, in accordance with application DEV 96-064 to permit the expansion of the existing motor vehicle sales establishment and to limit uses on the subject lands to a motor vehicle sales establishment. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: Section 20.4.5 "SPECIAL PURPOSE COMMERCIAL EXCEPTION (C5-5) ZONE" is hereby deleted and replaced by the following new provisions as follows: "20.4.5 SPECIAL PURPOSE COMMERCIAL EXCEPTION (CS-5) ZONE Notwithstanding Sections 19.1 and 19.3, those lands zoned CS-5 as shown on the Schedules to By-law 84-63 shall be subject to the following zone regulations: a) Definitions: Garbage Enclosure Shall refer to a building or structure used for the temporary storage of waste materials incidental to a permitted use. b) Permitted Non-Residential Uses: Motor vehicle sales establishment. c) Regulations: Front Yard 0 m (min), except where a second separate structure, other than a garbage enclosure, is erected on the subject lands, then the front yard setback shall be 68.0 m (min). Rear Yard 30.0 m (min) Interior Side Yard 45.0 m (min) where the western limit of a building is located up to 45.0 m from the front lot line. Where the western limit of a building is located between 45.0 m and 68.0 m from the front lot line, the interior side yard shall be 75.0 m (min). Where the western limit of a building is located in excess of 68.0 m from the front lot line, the interior side yard shall be 36.0 m (min). 645i~ ~ -z- 2. 3 4. Where a second building or structure, other than a garbage enclosure, has a front yard setback more than 68.0 m, then the interior side yard shal I be 36.0 m (min). No portion of the parking area shal I be closer than 8.75 m (min) to the rear lot line." Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding -Urban Residential Type One ((H) R7) Zone" to "Holding -Special Purpose Commercial Exception ((H) CS-5) Zone" as shown on the attached Schedule "A" hereto. Schedule "A" attached hereto shall form part of this By-law. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of BY-LAW read a second time this day of BY-LAW read a third time and finally passed this day of 1998. 1998. 1998. MAYOR CLERK 64~.. ,~ x This is Schedule "A" to By-law 98- , passed this day of , 7 998 A. D. LOT 29 ~ •-~~ _ s.~ - -~ .~V NO' ~ ~ n ~i 5 Hlo,. .. .r l%._- _ K~ THE ~C.FYi-~ .. (~'~ _.~.... ~ ,.1.~ ClS~wue ~'- ~ _ + ° i~. //~/ '.`s S .Wi ~/ ' a _ ~ o- '~i.i:~ii:;: j -_~ ::::.:.....::~ .: ~ ... =' ;are ~ N ..~~~.... .RP .: M.1.~:~:~ o~-~~ z ~: : :.,1i 6Y O `, \ _ 1 ___ ;a; _ ~ - ''Y ~~,,,7`~~ --- -_ ~ - ~ i ® ZONING FROM "(H)R1" TO "(H)C5-5" ZONING TO REMAIN "C5-5" Mayor Clerk ® SUBJECT SITE LOT 30 LOT 29 LOT 28 ~~~~_ 1 NASH ROAD ~~ ~~ ~~ JJ '' ~NI~H'AY ? ~ ~ ret~ ,a,~ f .-_ _..__ _ _-~ CV J o iiiii ~ Z a lii~ ~ ~ ~ ~ ~ II ~~ w z I ~ ~ N U 1 w PQ2 ~ ~ 1 U [~ O COURTICE I W r~"~Q~ U Ci `~ ~ ' ' S