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HomeMy WebLinkAboutPSD-025-11Clarington Leading the Way REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 21, 2011 Resolution #: GPA a y/-i/ By-law #: Report #: PSD-025-11 File #: ZBA 2011-0001 Subject: TO PERMIT THE CONSTRUCTION OF A SIX-BAY MOTOR VEHICLE REPAIR GARAGE APPLICANT: DUNBURY DEVELOPMENTS (COURTICE) LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-025-11 be received; 2. THAT the rezoning application submitted by Dunbury Developments (Courtice) Limited continue to be processed by staff and that a further report be prepared following the receipt of all outstanding agency comments; and 3. THAT the interested parties listed in Report PSD-025-11 and any delegations be advised of Council's decision. Submitted by: D~vid~Crome, MCIP, RPP Director of Planning Services LB/COS/av/df March 16, 2011 Reviewed by: anklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY' OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO LiC 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-025-11 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant/Owner: Dunbury Developments (Courtice) Limited 1.3 Proposal: To develop asix-bay motor vehicle repair garage (Master Mechanic}. 1.4 Area: 0.52 ha (1.28 acres} 1.5 Location: 1419 Durham Highway 2, Courtice 2.0 BACKGROUND 2.1 On December 24th, 2010, Dunbury Developments (Courtice) Limited submitted an application for rezoning to permit the construction of a six-bay motor vehicle repair garage (Master Mechanic). The repair garage will be located south of, but on the same lot as the existing Shoeless Joe's Restaurant in Courtice. 2.2 On November 10th, 2010, Staff held aPre-consultation Meeting with the Applicant, the proposed Master Mechanic franchise owner, a Master Mechanic representative, the builder and Engineering Services. Preliminary comments from the Region of Durham REPORT NO.: PSD-025-11 PAGE 3 Works Department and CLOCA were provided to the applicant at the pre-consultation meeting. FIGURE 1 Proposed Master Mechanic south of the existing Shoeless Joe's Restaurant. REPORT NO.: PSD-025-11 PAGE 4 2.3 The Shoeless Joe's Restaurant received site plan approval in 2009 and opened to the public in March 2010. Through this site plan approval a private access easement (7m wide) running from east to west near the rear (south end) of the property was created to facilitate traffic movement by a common, private laneway system shared by multiple owners between Townline Road and Darlington Boulevard. The need for the private laneway was established by the Courtice West Shopping District Secondary Plan and the approximate location is indicated on the Land Use Map for this Secondary Plan. 2.4 In support of the application for rezoning, the applicant has submitted a Noise Study, a Phase 1 Environmental Assessment and a Planning Rational report which included a parking commentary. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 A Shoeless Joe's restaurant is located on the northern half of the site. The restaurant and parking area is approximately one metre higher than the commercial properties on either side. The proposed Master Mechanic building will be approximately 2.5 metres higher than the residential properties to the south. 3.2 The surrounding uses are as follows: North - Restaurant and other retail commercial South - Residential East - Retail/commercial West - Retail/commercial 4.0 PROVINCIAL POLICY 4.1 Provincial Policv Statement The purpose of the Provincial Policy Statement (PPS) is to promote efficient land use and development patterns which accommodate a range of uses (including commercial uses) to the extent that new uses do not create harmful impacts upon both public health and the natural environment (air quality, ground water, flora and fauna).These PPS goals are to be achieved in acost-effective manner which minimizes land consumption and servicing costs. The Provincial Policy Statement identifies settlement areas as the focus of growth and promotes intensification (the development of a property at a higher density than currently exists) of vacant and underutilized properties. One of the intended results of intensification is to create opportunities for a diversified mix of services in all communities which will support the long-term needs of both existing and future residents and businesses. REPORT NO.: PSD-025-11 PAGE 5 Although this application is not an example of urban intensecation, it will result in the build-out of the balance of the site. The proposed development will not result in new infrastructure costs to the Municipality (as it will be connected to existing services), nor is not expected to present a negative impact on public health or the natural environment. Therefore, the proposed development does not appear to conflict with the Provincial Policy Statement. 4.2 Provincial Growth Plan The Provincial Growth Plan (Growth Plan) directs new growth to built-up areas where sufficient capacity exists to accommodate this growth in a compact and efficient form. The Growth Plan also instructs economic development to be promoted through the provision of a mix of employment uses and a diversified economic base to meet long- term needs of both existing and future businesses. In order to achieve this goal a range and choice of suitable sites for employment uses must be maintained. Based on the reasons listed above, this application does not appear to conflict with the Provincial Growth Plan. 5.0 OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the subject property "Living Areas" with the "Regional Corridor" overlay. Regional Corridors are to be developed as mixed-use areas, which include residential, commercial and service areas with higher densities, supporting higher order transit services and featuring a high degree of pedestrian oriented design. Auto Repair garages are permitted within this designation. 5.2 Clarington Official Plan The land use schedule of the Clarington Official Plan designates the property as the "Courtice West Shopping District" (CWSD). A Secondary Plan has been prepared for this area. The CWSD is intended to be a focal point of activity. It is recognized in the Official Plan as the western gateway to the Municipality. The goal for this area is to provide an integrated mix of shopping, personal and business service, office and residential and commercial uses for Courtice. Within the CWSD Secondary Plan the subject property is further designated "General Commercial". This designation recognizes the existing strip malls, vacant lands and single detached dwellings. The permitted uses for these lands include: retail, personal service and office uses recreational and cultural uses residential dwellings above the first floor REPORT NO.: PSD-025-11 PAGE 6 community facilities The CWSD Secondary Plan contains urban design policies to be applied to any new development or redevelopment project. This includes the integration of the development to create or to contribute to the image and character of this identified gateway area. The CWSD Secondary Plan provides for an integrated system of private laneways to facilitate movement of traffic and pedestrians befinreen adjoining commercial properties. As part of the Shoeless Joe's development that was previously approved in 2010, the 7 metre north-side and east-west private laneway was established. One of the special studies identified as part of the Official Plan Review is the preparation of the Courtice Main Street Secondary Plan. This Secondary Plan is intended to provide policy direction including urban design and zoning policies for the lands fronting onto Durham Highway 2 from Townline Road in the west to the future Highway 407 link in the east. Upon adoption, the Courtice Main Street Secondary Plan will replace the CWSD Secondary Plan. The Courtice Main Street Study -Master Development Report provides an overall framework for redevelopment that supports intensification and transit goals. Within the interim phase (2010-2020) it is intended that the existing uses within the Courtice West Gateway Precinct will remain and that no new automotive, fast food drive through or industrial/manufacturing uses be permitted. The long term plan (2020-2031) is for this area to transform into a mixed use environment retaining its commercial uses with residential spaces above. At the General Purpose and Administration Committee meeting on September 13, 2010, the Master Development Plan was approved in principle and staff was directed to prepare a Secondary Plan for inclusion in the Clarington Official Plan and the necessary Zoning By-law to implement the Courtice Main Street Master Development Plan. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands General Commercial Exception (C1-18). This zone permits the development of a variety of uses including eating establishments, retail commercial, theatres and medical/dental clinics. The proposed Master Mechanic business type is defined in the Zoning By-law as a Motor Vehicle Repair Garage. A Motor Vehicle Repair Garages is defined as: "a building or structure where the exclusive service performed or executed on motor vehicles for compensation, major and minor mechanical repairs or similar use and in conjunction with which there may be a towing service and motor vehicle rentals for the convenience of the customer while the motor vehicle is being repaired but shall not include the sale of fuels or any other use or activity otherwise defined. or classified in this By-law." REPORT NO.: PSD-025-11 PAGE 7 Generally, Zoning By-law 84-63 only permits a Motor Vehicle Repair Garage within the Service Station Commercial C6 and C7 zones and the industrial zones being Light Industrial (M1) and General Industrial (M2). The applicant is requesting that a Motor Vehicle Repair Garage be permitted, by exception, in the General Commercial (C1) Zone. 7.0 PUBLIC NOTICE AND SUBMISSIONS Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting notice sign was installed on the property. As of the writing of this report, Staff have received one written submission in objection to the application. This neighbouring resident is concerned about the following: • Visual impact of the three bays from both the main floor living area and the upstairs bedrooms • Anticipated decrease in property values • The proposed use will impact how they can use their backyard • Noise from the vehicles both early in the morning and in the evening, from the power tools and delivery trucks • Hazardous materials they will use in bulk, including spillage • Traffic • Parking, including overnight vehicles, and • Private rear laneway, including noise, exhaust and lights 8.0 AGENCY COMMENTS 8.1 Central Lake Ontario Conservation Authority (CLOCA) has advised that, in principle, they have no objection to the introduction of a motor vehicle repair garage use. However, CLOCA has stated that until they have had the opportunity to review an updated Stormwater Management Report, they cannot offer their endorsement on the size of the proposed development on this site. 8.2 The Durham Regional Works Department has also requested an updated Stormwater Management Report. Upon receipt of a favourable Stormwater Management Report, the Durham Regional Works Department has stated that they have no objection to this proposal. 8.3 At the time of the writing of this report, Staff have not yet received comments from the Region of Durham Planning Department. 9.0 STAFF COMMENTS 9.1 Engineering Services The Engineering Services Department has expressed concerns with the stormwater REPORT NO.: PSD-025-11 PAGE 8 runoff from the subject site. In order to be satisfied that all issues related to stormwater can be addressed for the proposed development, the Engineering Services Department has requested that a stormwater Management Report be submitted which demonstrates no impact to adjacent properties. 9.2 Planning Services The Applicant's proposal can be divided into two components: the appropriateness of a motor vehicle. repair garage at this location and the appropriateness of this use at the scale proposed (6 repair bays = 363 mZ / 3,900 ftz) Use Stand-alone motor vehicle repair garages have historically been located in specially zoned commercial areas and industrial areas in Clarington. Despite this, these uses can also be found operating as components of motor vehicle sales establishments (car dealerships) and as components of large-format commercial uses (i.e. Canadian Tire). There is a mixture of uses in the immediate area including motor vehicle fuel bars. However, fuel bars are quite different from a motor vehicle repair garage that has the potential for significant amounts of noise and the potential for the overnight storage of vehicles. It is also important. to distinguish that the applicant's proposal does not include the introduction of a motor vehicle body shop which is separately defined within Zoning By- law 84-63. Scale In addition to the outstanding information for the on-site stormwater controls, Staff are continuing to review the anticipated functionality of the Applicant's proposal given the limited developable area of the site. As such, Staff are in discussion with the Applicant on how the following basic site operation items can be addressed: Access easements (driveways) • Accessibility issues -parking spaces and sidewalk size • Refuse storage • Snow storage • Overall number of parking spaces • Loading area • Building design • Noise attenuation Separately, each of these issues may be minor, but given the number and inter- relationship of these issues, Staff will require sufficient time to complete a comprehensive review of the Applicant's proposal. REPORT NO.: PSD-025-11 10.0 CONCLUSIONS PAGE 9 10.1 The Applicant is seeking permission to introduce a new use (motor vehicle repair garage) onto the subject site at a specific size and scale (6 repair bays = 363 mZ / 3,900 ft2). The impacts of the intended use, at the scale proposed, have not been fully evaluated. Further information from the applicant is necessary in order to ensure that all reasonable impacts on neighbouring residents and business owners have been mitigated. 10.2 The purpose of this report is to satisfy the requirements for a Public Meeting under the Planning Act, and taking into consideration all of the agency and Staff comments received, it is respectfully recommended that this report continue to be reviewed by Staff for the preparation of a subsequent report. Staff Contact: Lisa Backus Attachments: Attachment 1 -Key Map List of interested parties to be advised of Council's decision: Phyllis Milburn Missy Miller Shannon Newman Marcel Provenzano Battista Vendittelli Tiffany Wilbur Attachment 1 To Report PSD-025-11 2'~ € ~ ~ ~ d v ~ ~ ~ ~ € e ~ m a V e £ ~ a O C as m b p d p ~ N ~ ~ ~ ~ Q O m ~ ~ ~ ~ ~ N m ~ ~ O J ~ a ~ c ° ~ Q m m a ~ 0 . 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