HomeMy WebLinkAboutPSD-018-12 C r,larbgton
REPORT
PLANNING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 19, 2012 Resolution#: - jq-7-f By-law#: N/A
Report#: PSD-018-12 File#: COPA 2011-0002 AND ZBA 2011-0007
Subject: NEWCASTLE NO-FRILLS GROCERY STORE
ONTARIO MUNICIPAL BOARD HEARING
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-018-12 be received for information.
Submitted by. Reviewed by:
David rome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
COS/RP/df
13 March 2012
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905-623-3379
REPORT NO.: PSD-018-12 PAGE 2
1. SUMMARY
1.1 Derek Hannan appealed the passing of OPA 81 and Zoning By-law 2011-87 by Council
for the development of the grocery store in downtown Newcastle Village comprising
lands at 37 and 45 North Street, 80, 92 and 100 King Avenue West.
1.2 The Ontario Municipal Board hearing on the matter was held on December 15, 2011. At
that time, the Board rendered a verbal decision dismissing the appeals and approved
Official Plan Amendment 81 and the related Zoning By-law. The Municipal Solicitor
advised Council of the verbal decision at that time.
1.3 The Board issued a memorandum of the Oral Decision on February 28, 2011. The
Board's memorandum of decision is attached. The Board found that all the reasons
cited for the appeal, including traffic impacts, negative impacts on the neighbourhood
and community, and the planning process involved, was not supported by the evidence
and unjustified. The Board noted that due diligence has been exercised by Municipal
staff and Council with respect to the proposal.
1.4 Subsequent to the Board's decision, the applicant submitted revised site plan drawings
on January 16, 2012. The site plan application is nearly complete and the applicant is
resolving the final issues.
2. CONCURRENCE — Not Applicable
3. CONCLUSION
3.1 The Ontario Municipal Board concluded that the proposed development contributes to
the greater good of the community and serves the larger public interest.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Ruth Porras
Attachments:
Attachment 1 - Memorandum of Oral Decision by M.A. Sills on December 15, 2011
Attachment 1
To Report PSD-018-12
' ISSUE DATE: ��%� ►h
MAR 0 2 2012
February 28, 2012 MUNICIPALITY OFCLARINGTON L111120
PLANNING DEPARTMENT
Ontario
Ontario Municipal Board
Commission des affaires municipales de I'Ontario
IN THE MATTER OF subsection 17(24) of the Planning Act, R.S.O. 1990, C. P. 13, as amended
Appellant: Derek Han_ nan
.Subject: Proposed Official Plan Amendment No. 81
Municipality: Town of Clarington
OMB Case No: PL111120
OMB File No: PL111120
IN THE MATTER OF subsection 34(19) of the Planning Act, R.S.O. 1990, c. P, 13, as amended
Appellant: Derek Hannan a---�
Subject By-law No. 2011-087 S � C
Municipality: Town of Clarington
OMB Case No: PL111120 REVIEWED 8'r.
OMB File No: PL111121 GR1G1hip,L 7�;
❑ COUNCILL O COUNCIL ❑ FILE
DIRECTION INFORPAATION
APPEARANCES : COPY TO:
❑ MAYOR ❑ MEAITERS ❑ CAO
OF COUNCIL
O COMMUNITY O CORPORATE ❑ EMERGENCY
Parties Counsel SERVICES • SERVICES SERVICES
❑ ENGINEERING ❑ MUNICIPAL ❑ OPERATIONS
RVICES CI_ERICS
Newcastle (King) Developments Inc. P. DeMelo PL 14 [PirSOL1CITOR ❑ TREASURY
SERVICES
Derek Hannan ❑ OTHER
MUNICIPAL CLERK'S FILE 0-(Y�4
Municipality of Clarington A. Allison
Participants
Stephen Coupland
Perry Mucci
MEMORANDUM OF ORAL DECISION DELIVERED BY M. A. SILLS ON
DECEMBER 15, 2012, AND ORDER OF THE BOARD
Derek Hannan (Appellant) has appealed the passing of Official Plan
Amendment 81 (OPA 81), and Zoning By-law 2011-087 by the Council of the
J .
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Municipality of Clarington, pursuant to subsections 17(24) and 34(19) of the
Planning Act. The property which is the subject of these instruments is located at
37 and 45 North Street, and 80, 92 and 100 King Avenue West, in the Village of
Newcastle.
Newcastle (King) Developments Inc. (Applicant) proposes to develop a
grocery store on the subject lands. On March 7, 2011, the Applicant submitted an
application for an Official Plan Amendment , and corresponding Zoning By-law
Amendment to permit an expanded parking area and loading area along North.
Street. On September 19, 2011, the Council of the Town of Clarington enacted
OPA 81 and passed By-law 2011-087.
The purpose of OPA 81 is to re-designate a portion of the subject lands
(45 North Street) from "Urban Residential Area" to "Village Centre" and "Street
Related Commercial Area", in order to round out the existing Newcastle Village
Centre.
The purpose and effect of Zoning By-law-2011-087 is to amend Zoning
By-law 84-63, as amended, of the former Township of Newcastle by changing
the zoning categories from "Urban Residential Type One Exception (R1-1) Zone"
and "Environmental Protection (EP) Zone" to "Holding General Commercial ((H)
C1-57). Zone", and "General Commercial Exception (C1-33) Zone" to "General
Commercial Exception (C1-57) Zone".
Contextual Evidence
Mr. Antonio Volpentesta was qualified to proffer expert opinion evidence in
land use planning. He provided contextual information with respect to the
development proposal, and a detailed chronology of the application process.
The subject site is located on the north side of King Avenue West and east
side of North Street. The site has a total area of approximately 0.85 hectares and
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is relatively flat, with several mature trees along the northern limits of the
property.
The subject site is within the Newcastle Village Centre. This area exhibits
a unique main street and heritage character, having a built form that is comprised
of several architectural styles including Georgian, Victorian and Edwardian.
Many of the original buildings still retain their original mixed-use character,
combining commercial uses at street level with second level residential units.
The development proposal involves the assembly of five properties
including 37. and 45 North Street, and 80, 92 and 100 King Avenue West.
Vehicle access to the site is to be provided by two proposed driveway
connections to North.Street and to Mill Street. The driveway has been designed
in such a manner as to permit a single travel lane in each direction with a total
pavement width of approximately six metres.
Trucking activities related to the site will be limited to the area south of the
proposed driveway connection to North Street. This area has been designated to
accommodate the inbound and outbound movement of the large transport trucks
expected to service the site.
The following background studies have been submitted in support of the
proposal:
1. Planning Justification Report prepared by Khaldoon Ahmad Planning
and Urban Design;
2. Heritage Assessments prepared by Martindale Planning Services;
3. Phase I Environmental Assessment prepared by Golder Associates;
4. Phase-11 Environmental Assessment prepared by Candec Engineering
Consultants;
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5. Noise Analysis prepared by Valcoustics Canada Ltd.;
6. Stormwater Management Report prepared by Bronte Engineering
Limited; and
7. Traffic Impact Study prepared by Paradigm Transportation Solutions
Limited.
Case Presentation of the Appellant
Mr. Hannan purchased his property at 26 North Street in 1999. His
property is situated directly west of the proposed grocery store, and
approximately 50 metres north of King Street West. He was not represented by
legal counsel and did not lead any expert opinion evidence.
Mr. Hannan's evidence consisted of a visual slide presentation (hard copy
provided), and a reference book containing photos, diagrams, excerpts of
associated technical reports, and various other documentation in support of his
concerns. While he indicated he is not opposed to a grocery store at the.subject
location, he takes issue with the accuracy of the Traffic Impact Study submitted
by the Applicant, and the manner in which the Town and Region have dealt with
these applications. He contends that many of his questions have gone
unanswered, and/or his impact concerns have not been appropriately addressed.
Specifically, Mr. Hannan's traffic-related concerns involve increased traffic
volume on North Street, safety concerns related to the prevailing separation
distance between sidewalks and the roadway (North Street), and the use of
North Street by large trucks making deliveries to the grocery store. It was his
opinion that the Traffic .Impact Study undertaken by Paradigm Transportation
Solutions Limited "does not adequately-,address negative issues of using North
Street for both the customer access and the truck delivery area."
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Mr. Hannan submitted that North Street is -a local roadway with a posted
speed limit of 50 kilometres per hour. The sidewalks are approximately 1 .8
metres wide. There are no boulevards separating the sidewalks from the road
and North Street does not have raised curbs. Currently, the North Street-King
Street intersection is not signalized.
He contended that North Street is not wide enough to support two-way
traffic involving tractor I trailers and delivery vehicles. Tractor trailers and delivery
trucks will not be able to make the turning radius on North _Street without crossing
into oncoming traffic and driving on the sidewalk, and will have to utilize the
sidewalks in order to complete turns into and out of the loading area. Given these
circumstances, large .truck travel on North Street will compromise the public
safety and pose risks to residents., pedestrians and motorists: Mr. Hannan
testified that his questions and concerns with respect to the impact to traffic on
King Avenue West, and.the. movement of tractor trailers and delivery trucks on
North Street have not been answered and/or appropriately addressed.
North Street has several existing homes dating back to the 1860s. Many
of these homes are set back approximately 2.5 metres from the front property
line, and sited approximately 5.5 metres from the travelled portion of the
roadway. The paved area of the travelled portion of North Street is approximately
6.2 metres. Mr. Hannan contended that snow ploughs travelling on North Street
cause home owners to experience severe vibration within their dwellings, and the
proposed use of this street by transport trucks will worsen this situation.
In addition to the aforementioned traffic concerns, Mr. Hannan's
presentation outlined several of his contentions with respect to the accuracy and
completeness of the information which has been provided, the manner in which
the Municipality has conducted its affairs relative. to this development proposal,
and the lack of public consultation opportunities. Ultimately, he takes the position
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that the planning rationale of municipal staff, and the wisdom of the local Council
in arriving at decisions related to this development proposal, are questionable.
Concerns of Local Residents
Mr. Stephen Coupland resides at 159 North Street, while Mr. Perry Mucci
resides at 51 Wilmot Street. They share traffic-related concerns, including the
potential increase in traffic on their respective streets, particularly with regard to
truck traffic.
Mr. .Mucci had additional concerns related to increased noise levels
created by higher traffic volumes and air compressors, and the potential for
basement flooding resulting from snow melt and run-off from the site.
Traffic Study/Technical Evidence
Mr. James Mallett is a professional Traffic Operations Engineer and Vice
President of Paradigm Transportation Solutions, Limited. He proffered expert
evidence with respect to the Traffic Impact Study (TIS).
Mr. Mallett contended that the updated TIS (June 2011) reflects the
concerns identified by Municipal staff and local residents. The purpose of the TIS
was to determine whether the road network has sufficient capacity to
accommodate the projected traffic, and if not, are there mitigation measures that
can be deployed to promote efficient traffic functioning?
The report documents the additional traffic estimated to occur as a result
of the proposed development, and estimates the impact of the traffic on the
surrounding road network.
The subject site has been designed to include 117 on-site parking spaces
and is assumed to be fully capable of accommodating the site's parking demand.
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The planned development is estimated to generate approximately 107 total
vehicle trips during the a.m. peak hour, approximately 222 total vehicle trips
during the p.m. peak hour, and approximately 252 total vehicle trips during the
Saturday peak hour.
The Executive Summary sets outs that the intersections of King Avenue
with Mill Street, Church Street and North Street, along with the Grady Drive
intersections with North Street and Manvers Road, are currently operating with
satisfactory levels of service during a.m,. p.m. and Saturday peak hours. No
improvements are required to improve the operation of these intersections.
The forecast traffic volumes are estimated to consist of a generalized
growth rate of 2 percent per annum to 2016 in addition to traffic related to the
occupancy of the currently vacant 50 Mill Street north property, and traffic
associated with the ongoing build-outs of the North Newcastle Village Residential
Development and the Foster Creek North Development.
The study area intersections are anticipated to operate with satisfactory
levels of service during the a.m. peak hour.
During the p.m. and Saturday peak hours, the southbound approach of
North Street to King Street is anticipated to operate with high levels of delay for
an unsignalized intersection.
The total traffic forecast (post-opening date) fulfills the criteria necessary
to warrant an eastbound left-turn lane with 15 metres of storage at the King
Avenue intersection with North Street.
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This Study resulted in the following recommendations:
® The existing form of two-way stop control at the King Avenue-North
Street intersection should remain in place following the .build-out of the
subject site.
® An eastbound left-turn lane with 15 metres storage should be provided
on King Avenue at the North Street intersection following the build-out
of the site. The implementation of the auxiliary turn lanes should
coincide.with the build-out of the site.
® Consideration should be given to providing a westbound turn lane with
15 metres of storage at the King Avenue-North Street intersection for
the five-year horizon.
® The provision of on-site pedestrian facilities should be included in the
site design to assist and encourage alternate means of transportation
to/from.the site.
Based on the findings of this Study, no other roadway or traffic control
improvements are required or recommended to accommodate future traffic within
the study area.
Mr. Mallett told the Board that in accordance with Ministry of
Transportation standards, traffic lights are not warranted at the North Street-King
Avenue intersection. However, the Municipality has the authority to require
signalization, and has done so. He agrees with the Municipality that traffic signals
at this intersection will enhance traffic flow functioning. He submitted that some
modification of this intersection wily be required in order to provide an appropriate
truck turn radius. He is further recommending east and westbound turning lanes
at this intersection.
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In response to concerns from local residents, Mr. Mallett advised that
Wilmont Street will not be used for truck traffic.
Planning Evidence
Mr. Volpentesta testified that he concurs with the content of the planning
report submitted by Mr. David Crome, Director of Planning for Clarington (Exhibit
2 — Tab 4).
It was his opinion that the proposal represents good land use planning. It
promotes and encourages the policies of Ahe Provincial Policy Statement (PPS),
and Growth Plan (G.P), and conforms to. the Regional OP. The development
proposal makes good use of underutilized lands and existing infrastructure, and
promotes the concept of compact communities. The development will help re-
vitalize the Village Centre by providing a new shopping option, while promoting
live-work relationships, and providing new employment opportunities.
He submitted that the development proposal expands the boundary of the
Village. Centre, and helps fulfill the planning function for this area. The proposed
development consolidates smaller land parcels allowing for a more efficient use
of .existing infrastructure and amenities, and enhances the types of services
offered within downtown Newcastle. He recommended that the appeals be
dismissed.
Analysis and Disposition
The Board is satisfied that the development proposal supports and
encourages the guiding principles of the PPS and the GP, and is consistent with
the Durham Regional and Clarington Officials Plans.
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In arriving' at this.finding, the Board adopts the expert opinion evidence of
Mr. Volpentesta, and the planning report of Mr. David Crome, Director of
Planning for Clarington, which sets out that:
The intent of the amendments is to round out the existing Newcastle Village
Centre and to bring the zoning into conformity with the current designation of
the Clarington Official Plan. It is staff's opinion that the proposed amendments
to the Official Plan and Zoning By-law are appropriate and represent good
planning. The proposed project will provide employment and economic
stimulus, plus create an alternative to families when deciding where to do their
shopping. Once in the downtown, these shoppers will have the opportunity to
visit other downtown businesses.
The subject lands are within the village core, and a large portion of the site
is already zoned such, that a grocery store is a permitted use. OPA 81 will
expand and round-out the Village Centre boundary in an appropriate, efficient
and logical manner.. Zoning By-law 2011-087 implements OPA 81 and facilitates
the development proposal. The proposed 'development will add to the retail
services available to local residents, create employment opportunities, and
contribute to the economic prosperity of this area. As such, the development
proposal contributes to the greater good of the community and serves the larger
public interest.
The Appellant Form submitted by Mr. Hannan specifically cited the
following as 'Reasons for the Appeal':
1. The planning process for this application did not apply logical or
rational decision making with regard to the traffic movement proposal.
2. The process was not comprehensive as it does not address obvious
negative impacts on the neighbourhood and community.
3. The entire planning process was not inclusive in nature. It did not
promote public participation and bordered a closed process.
PL111120
In this regard, the Board finds that in all aspects, these contentions are not
supported by the evidence, and are unjustified.
It was apparent that Mr. Hannan does not, cannot, or will not accept the
decision-making process, the opinions of the experts, or the findings of'the
various reports, particularly the Traffic Impact Study. However, the Board is
satisfied that the statutory requirements have been met, and while the actions of
Council are not a matter for this Board, it certainly would appear that due
diligence has been exercised by Municipality staff and the Town Council with
respect to this development proposal.
Despite his disagreement with the methodology and/or accuracy of the
TIS, Mr. Hannan failed to present any expert technical evidence which could
persuade the Board to set aside the Study findings or the professional opinion
and recommendations of Mr. Mallett. With respect to his contention that his
questions related to traffic issues have gone unanswered and his concerns have
been ignored, the Board does not agree. Not only have the traffic concerns of Mr.
Hannan and other local residents been heard, mitigation measures have been
adopted in order to improve the operational functioning of_traffic.
A local street is expected-to accommodate 3,000 to 5,000 vehicle trips per
day. The expected increase in traffic volume generated by the proposed
development can be easily accommodated by the existing roadways. While it is
to be expected that there will be some impact to traffic at peak periods, it is
anticipated that turning lanes and signalization will ease traffic flow difficulties.
Mr. Hannan was also concerned about the inadequacy of the turning
radius for trucks-at the North Street-King Avenue intersection, and at the delivery
access/egress driveway of the site. Minor traffic nuisances and delays
occasionally created by delivery trucks and tractor trailers attempting to negotiate
tight turns are a fact of life in any area having commercial, retail and/or industrial
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development sites. In fact, minor traffic delays are not uncommon in residential
neighbourhoods at times when delivery vehicles, winter control vehicles, and
refuse disposal vehicles are making their way through the area. In the same
vein, it is not uncommon for home owners to experience occasional noise and
vibration impacts when larger vehicles move down the street in front of their
home.
The Board heard that the number of delivery trucks expected to attend the
site on a daily basis is very limited, and while the logistics of the on-site truck
turning radius may need further calibration, the finer details will be worked out
during the site plan process.
Likewise, the Board finds there is no basis for Mr. Mucci's concerns with
respect to basement flooding. The topography of the area does not give rise to
issues of run-off, and an engineered drainage plan will be required in the site
plan approval process.
THE BOARD ORDERS that the appeals are dismissed, that Amendment
No.81 to the Official Plan for the Municipality of Clarington. is approved and that
Zoning By-law 84-63 is amended in accordance with Zoning By-law 2011-087,
The Board so Orders.
W. A. Sills"
M. A. SILLS
MEMBER