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HomeMy WebLinkAboutPSD-028-05 , q~-!l1glOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 21, 2005 Report #: PSD-028-05 File #: ZBA 2004-034 IJ es#C ()p-oC;rO~ ~ "g4lJ-O'::; By-law #:;20 "5- 0;;2 Cj Subject: REZONING APPLICATION TO PERMIT RETAIL AND OFFICE USES KING STREET EAST, COURTICE APPLICANT: 1287561 ONTARIO LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-028-05 be received; 2. THAT the application submitted by 1287561 Ontario Limited to permit 2,650 sq.m. of retail commercial and office uses be APPROVED; 3. THAT the changes to the application are deemed minor and a further public meeting is not necessary; 4. THAT the By-law contained in Attachment 3 be passed and a copy forwarded to the Regional Municipality of Durham; and, 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: D i . Crome, M.C.I.P.,R.P.P. Director, Planning Services Reviewed by:d ~ ---<-/~ Franklin Wu Chief Administrative Officer RH*CP*DC*df 15 February 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 647 REPORT NO.: PSD-028-05 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: 1287561 Ontario Limited 1 .2 Agent: Truestone Project Managers Limited 1.3 Rezoning: To rezone the subject lands from "Special Purpose Commercial (C5) Zone" and "Holding - Urban Residential Type One ((H)R1) Zone" to permit 2,650 sq.m. of retail commercial and office uses. 1.4 Site Area: 1.02 hectares (2.52 acres) 2.0 LOCATION 2.1 The property under consideration is comprised of 1461 - 1469 Durham Highway 2, located on the south side of Durham Highway 2 and east of Darlington Boulevard in Courtice (see Attachment 1). The site area totals 1.02 hectares (2.52 acres). The property is located within Part Lot 34, Concession 2, in the former Township of Darlington. 3.0 BACKGROUND 3.1 On July 22, 2004, Staff received a rezoning application from Truestone Project Managers Limited on behalf of 1287561 Ontario Limited to permit 2,336 sq.m. of retail commercial and office uses on the subject lands. The applicant intends to develop a mixed use project consisting of retail commercial uses and office space. 3.2 A revised application was submitted on January 24, 2005 to include the additional lands owned by the applicant abutting the north half of the east property line not included in the original application (see Attachment 2). Although these lands are currently residentially zoned, Staff agree that they should be developed concurrently with the balance of the property. The amount of developable floorspace has increased from 2,336 sq.m. to 2,650 sq.m. of retail commercial and office uses. Staff believe the change in lot area and floorspace are minor and do not require a further Public Meeting. 3.3 A statutory Public Meeting was held on September 20, 2004 for the application. No one spoke in objection to or in support of the application. 3.4 Prior to the Public Meeting, a concern was raised by the adjacent property owner to the east (Wayne Bolahood) that storm water from the proposed development would negatively impact his property. In particular, this owner would like a joint servicing solution for storm water generated by redevelopment along the south 648 REPORT NO.: PSD-02S-oS PAGE 3 side of Durham Highway 2 east of Darlington Boulevard. This issue is further discussed in Section 8.2 of this report. 3.5 An area resident has submitted a letter of objection to the proposal, indicating that sufficient commercial development is present in Courtice. The following issues are raised: . Recent development has increased the amount of traffic and noise in the area. Additional development will aggravate the situation. . The existing traffic generates a lot of pollution, especially from idling vehicles. . The resident experienced vandalism to her own property. Additional development will lead to more security problems. These issues are further discussed in Section 8.4 of this report. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The property is currently undeveloped and does not contain any significant vegetation. Drainage is generally away from Durham Highway 2 towards Farewell Creek. 4.2 Surrounding Uses: East: North: Vacant lands designated for high density residential development Courtice Medical Clinic, Whitecliffe Seniors building, and urban residential Existing commercial uses Vacant lands designated for low density residential development West: South: S.O OFFICIAL PLAN POLICIES 5.1 The Clarington Official Plan designates the subject property as "Mixed Use Area" within the Courtice Sub-Central Area Secondary Plan. This land use designation permits mixed use buildings with retail and personal service uses on the ground floor, professional and business offices, medium and high density residential development, and community facilities. The development proposal conforms to the policies of the Clarington Official Plan. 6.0 ZONING BY-LAW CONFORMITY 6.1 The property is currently zoned "Special Purpose Commercial (C5) Zone" and "Holding - Urban Residential Type One ((H)R1) Zone", which does not permit the proposed retail and office uses. In order to consider the proposed development, a rezoning application was submitted for consideration. 649 REPORT NO.: PSD-028-0S PAGE 4 7.0 AGENCY COMMENTS 7.1 The Clarington Emergency Services Department has no objections to the proposed development. 7.2 The Clarington Engineering Services Department has no objections to the rezoning application provided that the following requirements are fulfilled through site plan approval. · The applicant must provide a suitable rear driveway that will accommodate access to adjacent properties, forming a rear lane from the subject lands to Darlington Boulevard. · The applicant must submit a site grading and drainage plan for review and approval. · Financial securities must be provided for sidewalk restoration. · An appropriate cash contribution in lieu of parkland must be provided. 7.3 The Durham Region Planning Department has indicated that the proposal conforms to the Durham Region Official Plan. It is suggested that the development proposal address environmental site contamination to ensure that the site is suitable for intended use. 7.4 The Durham Region Public Works Department has no objections to the proposal provided that the following requirements are fulfilled through site plan approval. . Suitable water and sanitary services are available from Highway 2. Unused service connections are to be disconnected and abandoned. . Since Highway 2 is a Type "B" arterial road, sufficient road widenings to allow 15 metres from centreline of the original right-of-way must be dedicated to the Regional Municipality of Durham. . The indicated access points appear to be acceptable, subject to the implementation of recommendations from the Courtice Highway 2 Corridor Study. These include construction of a raised median on Highway 2, limiting the westerly access to a right-inlright-out. . Stormwater management and site grading and drainage information must be provided for review and approval to ensure that post development flows do not exceed pre-development flows. 7.5 The Central Lake Ontario Conservation Authority has no objections to the rezoning application. Prior to issuance of site plan approval, the following information is required for review and approval: . stormwater management report, detailing quantity and quality controls; . sediment and erosion control plan; and, . site grading and drainage plan. 7.6 Since comments have not been received from Hydro One Networks Inc. or the school boards to date, it is presumed that these agencies have no objections to the proposal. 650 REPORT NO.: PSD-028-0S PAGE S 8.0 COMMENTS 8.1 Staff have met with the applicant on several occasions to discuss development issues relating to the project. Urban Desiqn The urban design policies contained in the Courtice Sub-Central Area Secondary Plan require that development in the Mixed Use Area designation be street-front oriented. This allows development to frame the street and significant corners to create an attractive streetscape. Large parking areas are to be located behind or beside buildings rather than being prominently located in front. Street-related buildings frame the street, creating a human scaled environment that fosters pedestrian activity. Street-related entrances also promote pedestrian activity. All developments to date within the Mixed Use Area designation provide an example of this type of development, including the Courtice Medical Clinic, Whitecliffe Terrace, and Waltzing Weasel restaurant and pub. Staff have indicated to the applicant both during pre-consultation and upon submission that the development must contain street-related buildings. Although the applicant has indicated that the tenants prefer to locate in a typical suburban form of development, both Shoppers Drug Mart and LCBO have developed stand-alone sites in other municipalities that are street-related, either to a public street or to a major laneway in a power centre. As such, the proposed zoning by- law contains provision that requires two street-related buildings with a minimum of 25% of the street frontage to be occupied by street-related buildings. Staff prepared a demonstration plan showing how a more street-oriented development could occur on the property (eg. At least 35% of the frontage would have street-oriented buildings - see Attachment 2). Attachments 3 and 4 are examples of street-oriented developments, although the Shoppers Drug Store in Attachment 4 does not have access to the store from the street. Rear Lane The Courtice Sub-Central Area Secondary Plan designates a system of rear lanes serving the commercial areas to the west. The system is designed to provide an alternative means of connectivity between commercial properties both for delivery vehicles and the general public. Although the Secondary Plan does not designate a rear lane system in this area, the applicant will be required to provide a 7.0 metre wide rear lane connection with adjacent properties to the east and west (see Attachment 2). This rear lane will ultimately extend west to Darlington Boulevard. Long-term cross-traffic easements would be granted between abutting landowners through the Durham Region Land Division Committee applications. Alternatively, if the arrangements cannot be made for reciprocal easements, the Municipality may take a public easement for the rear lane for joint access purposes. 651 REPORT NO.: PSD-Q28-0S PAGE 6 Shared Accesses with Adiacent Properties The Durham Region and Clarington Official Plans contain policies that limit the number of access points onto arterial roads. Policies contained in the Courtice Sub-Central Area Secondary Plan also promote property consolidation and development of joint accesses. Highway 2 is a Type "B" arterial road under the jurisdiction of Durham Region. Site plan approval is used to determine the precise location of access points for development. The development proposal currently indicates access points at either end of the Highway 2 lot frontage. The applicant is required to develop shared accesses with the adjacent landowner to the west through site plan approval. If this cannot be achieved at this time, the site plan agreement will contain clauses that require future joint access construction where development or redevelopment occurs on adjacent properties. 8.2 The applicant will be required to submit an application for site plan approval. The following issues must be resolved through the site plan approval process. · The site plan must be revised to include sufficient street-oriented development in accordance with the Official Plan policies and the proposed Zoning By-law contained in Attachment 3. · The development must incorporate a high level of urban design. Phase 1 development must include the street-front oriented buildings as well as the office building. · All necessary site servicing and drainage plans must be submitted for review by the appropriate agencies. All access and road widening issues must be finalized with Durham Region Public Works Department. · A landscaping plan will be necessary. These works should be complementary with work completed by the Courtice Medical Clinic and Whitecliffe Terrace on the north side of Highway 2 and consistent with the Municipality's Landscape Design Guidelines. · The applicant must submit a concept plan for the area, which demonstrates possible development on other vacant or underutilized properties south of Durham Highway 2 and east of Darlington Boulevard (see Attachment 2). The plan would also indicate possible locations of shared access points along Durham Highway 2 as well as the location of a rear laneway serving these properties, similar to a system, which is designated west of Darlington Boulevard. This process could encourage further property consolidation, would integrate the proposed Esso redevelopment and would ensure that development potential on surrounding sites is not compromised. . A storm water management plan will be required to ensure that storm water generated from the development can be appropriately handled on site. . A noise study is necessary to ensure that operational noise levels from the development will not negatively impact future adjacent residential uses. . Illumination plan will be necessary to ensure that lighting levels: o Comply with IESNA guidelines for commercial lighting 652 REPORT NO.: PSD-Q28-0S PAGE 7 o do not negatively impact surrounding existing and future residential areas o do not impact road operations on Highway 2. This plan will be jointly approved with the Durham Region Public Works Department. · The applicant will be required to address anyon-site contamination issues through site plan approval. This condition must be fulfilled prior to removal of the Holding symbol from the proposed Zoning By-law. 8.3 The adjacent landowner, Mr. Bolahood, has requested that both the Municipality and Central Lake Ontario Conservation ensure that storm water is handled in an appropriate manner, preferably through a joint servicing solution through his property. All of the storm water from Durham Highway 2 flows through Mr. Bolahood's property into the Farewell Creek, which, according to Mr. Bolahood, has led to erosion on the property (see Attachment 2). ApproXimately 15 years ago, CLOCA determined that area landowners should develop a comprehensive solution for storm water management for undeveloped commercial lands along Highway 2 to address this issue. This included all lands where storm water drained towards Farewell Creek. A consultant prepared a drainage scheme on behalf of the landowners that would require all benefiting landowners to contribute towards a system that drained through Mr. Bolahood's property. Although there was agreement among landowners for the solution, funding for the project was never secured. Individual development has proceeded on the basis of large on-site underground chambers that control the rate of storm water flow through Mr. Bolahood's lands to pre-development levels. Although Mr. Bolahood did appeal a development to Ontario Municipal Board on this basis, he was unsuccessful at the OMB. 8.4 This section addresses the concerns raised by an area resident discussed in Section 3.5 of this report. · Although recent development has increased traffic levels during the past ten years, Durham Highway 2 is designed to accommodate these traffic volumes and more. Having designated lands for commercial and residential development in the area, traffic levels and the noise associated with these levels will continue to increase as Courtice grows. Noise fencing, in accordance with the Ministry of Environment noise criteria of the time, was erected along the rear of Highway 2 development to protect residents from excessive noise levels generated by the traffic. . Although there is pollution from idling vehicles, the lands are within a designated Sub-Central Area and are expected to develop more intensely which will increase traffic levels. . While the vandalism experienced by the resident is unfortunate, additional residential or commercial development will not necessarily create further security problems. Although Staff promote site planning solutions to minimize dark areas, vandalism and crime cannot be prevented by restricting development rights on property that is designated for development. 653 REPORT NO.: PSD-028-oS PAGE 8 9.0 CONCLUSIONS 9.1 The application has been reviewed in consideration of comments received from the circulated agencies, the policies of the Clarington Official Plan, and the Zoning By-law regulations. In consideration of the comments contained in this report, Staff respectfully recommends that the proposed Zoning By-law amendment contained in Attachment 3 be passed by Council. 9.2 The proposed Zoning By-law has a Holding (H) provision. A report recommending removal of the Holding provision will be forwarded to Council once the applicant has entered into a site plan agreement with the Municipality, has fulfilled all necessary servicing requirements, has obtained the relevant access easements, and satisfied all urban design and landscaping requirements. Attachments: Attachment 1 - Key Map Attachment 2 - Staff Demonstration Plan Attachment 3 - L.C.B.O. Store, Toronto Attachment 4 - Shoppers Drug Store, Oakville Attachment 5 - Land Use Plan Attachment 6 - Proposed Zoning By-law Interested parties to be notified of Council's decision: Denis O'Connel, Truestone Project Managers Ken Pasricha Wayne Bolahood Frances Walmsley 654 ATTACHMENT 1 --==...,,~ ~- -- ~ -~- .--- . OURHAM. ' , -.---..",,----~.-. - HIGH'.' A" -- ..:::.:.-'~-J!t.! "W", r 2 . -- --- ~--.- __ -- -'-. ,-.C --. '--. ---::-- --. -- - -- - .-:--~ - --- --- --- ------------ ---.--- - ~ """"" ~9lQENlW..TVI'E""'" {H)ltlZC..'NO J Courtlce Key Map ZBA 2004-034 Zoning By-law Amendment Owner: 1287561 Ontario Limited 655 '. ATTACHMENT 2 I------~-:~~-~- ~br--::-::: DUR,HA~_, / / ."--::....-...~~~y2 /'-- ~ '-- ~;::::,~--._-L, --i---~ - '~~trL..,:~ - .- -~ " .:..:.:;t:~,' i arT!!", ;--, _ J~_..,..__ .. ~ ~_. - -_ -.::... %,-< t _..1. -', ',h" \ 'iil i 9 ":-L'i: m"f''\ \. JdLL__~_ ~- _ --L~~ -. \ \ -~--- '- ::..~ - --- .'~- --.'~ -"f ~-- II f ^ .-' to .. I:; :.,' ..... '1 .~ L " ,,' '/ ,'- ,I "<'f~"::-..J I -,/{~~::__ lr ;'i~ '.r; :!.1t- ~ __ -I I I I , l____ J ,I' l-H, !";.-,~-- '--"'- :~ , ; . -.. , -. . ~, . !:'X j Ii I /,"'f /\ '~'} 'c!' ------ -'; STAFF DEMOSTRATION PLAN WITH LeBO STORE AT STREET FRONT 656 ATTACHMENT 3 Example of Street-Front LeBO Store at Yonge Street and Davisville Avenue, Toronto 657 ATTACHMENT 4 Example of Street-Front Oriented Shoppers Drug Store in Oakville with internal entrances 658 . . r- DI ::::I Q. c: III CD "tI Di ::::I ~:::Om m 1I) cQ' ~ ~. ::::Jr<:!: . Dl Dl ::::J <:!:::::JlO . Oll) ::::J . Darlington Boulevard ~ rn o c DI Q. ;I ::::I ~.. .:::0 .1I)_ !!l.1I) . g.~. . ~ . 1I) ("):5:0 .00 3::::Jm .'0 c: Sf Dl 3 ::E . ::::J 1I) Dl '<::::J - c c ., ::::I" DI 3 ::J: ce' ::::I" ~ '< N DI ::::I Q. C DI ::!. :::O"tJ 1I) 0 ~ m r!!l. Dl C" ::::J - 1I) 1I) o )>0- 'O::E::T 'O::::JQ! =lI)r ~o.Dl ::::J l]J::::J _'< 0. m ::::I CC 0' ::::I tD o c CD < DI a. l]J o :::o;!:;iii' 1I) lO ::T m ::T 0 -. 0 0.00. 1I)1I)"tJ a:::l~ iir !!!. 0 -.:<'0 1I) ~ N tD ~ N Q Q .jlo. e ~ .jlo. :E::E 1I)~ Dlf'l' m -. 1I) ::::J -lO )> e enS" ~:::o '0 CD "0 III =;- ATTACHMENT 5 Varcoe Road :::0 1I) 0. lI)m 1I) l/l -l/l 00 '0 3 CD ::::J - :5: 1I) 8:(") no Dle -;:+ (") -. CD n ::::J CD - ca >~ zE Om ClJa -l ~ &- ~ ;t ~. :j. i ~ I\) -i~ CD;:::;: =l CD lll(") 0_ CD -. fill Cherry Blossom Crescent OJ ::J tIl' 3- :::: Centerfield Drive 659 @ (i) ATTACHMENT 6 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2005- being a By-Law to amend By-Law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 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 ZBA 2004-034 to permit the development of 2,650 sq.m. of retail commercial and office uses; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Seclion 16.5 "SPECIAL EXCEPTIONS - GENERAL COMMERCIAL (C1) ZONE" is hereby amended by adding thereto the following new Special Exception 16.5.39 as follows: "16.5.39 GENERAL COMMERCIAL EXCEPTION (Cl-39) ZONE Notwithstanding Sections 3.16 (a) i) and 16.3 (a) i) and (b), those lands zoned C1-39 on the Schedules to this By-law shall also be subjeclto the following zone regulations: a) Definitions i) Business Establishment Shall mean a building that contains one or more permitted uses within the "Cl-39" zone. ii) Business Establishment Facade Shall mean the portion of the exterior wall located between finished grade and the level that is 3 metres above finished grade of a business establishment, which wall faces an existing improved public street. iii) Landscaping Strip Shall mean an area of land used for anyone or more of the planting of trees. shrubs, flowers, grass, or other horticultural elements, such as decorative stonework, fencing, or screening. iv) Street-Related Building Shall mean a building where the business establishment fayade is constructed within 3.0 metres of an existing improved public street. v) Street-Related Entrance Shall mean one of the principal entrances to a business establishment, which shall have a minimum height of 2,1 metres and a minimum width of 0.9 metres and shall be located in the part of the business establishment fayade, which is at or within 0.2 metres above or below finished grade, provided that the street-related entrance shall be recessed from the business establishment fa9ade a maximum of 2.0 metres. b) Regulations for Non-Residential Uses i) Percentage of lot frontage occupied by a street-related building (minimum) 35% ii) Front yard setback for a street-related building (maximum) 3.0 metres 660 iii) Rear yard setback (minimum) iv) Number of street-related entrances (minimum) v) Office fioorspace (minimum) vi) Parking space size 10.0 metres 1 per buildin~ 230 m 5.2 metres in length by 2.75 metres in width where such space is perpendicular to a landscaping strip." 2. Schedule "4" to By-Law 84-63. as amended, is hereby further amended by changing the zone designation from: "Special Purpose Commercial (C5) Zone" and "Holding - Urban Residential Type One ((H)R1) Zone" to "Holding - General Commercial Exception ((H)Cl-39) Zone" as shown on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By-law. 4. This By-Law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 ofthe Planning Act. R.S.O, 1990, By-Law read a first time this day of 2005 By-Law read a second time this day of 2005 By-Law read a third lime and finally passed this day of 2005 John Mutton, Mayor Patti L. Barrie, Municipal Clerk 661 , This is Schedule "A" to By-law 2005- , passed this day of .2005 A.D. ------.._ 1:1&1""1' -~~-c -'-~.- . OURH '111------. AMHIGHWA ~ _ __ ---,,::::---::,""~__~Y2___ ----::-:::.:..---=- :...--=-=?-'~---- - ---::..c-===- _ _ Zoning Change From IC5" To I(H)C1-39" ltt;~t~~l Zoning Change From I(H)R1" To I(H)C1-39" John Mutton, Mayor Patti L Barrie, Municipal Clerk ~ ~ I 662 ",' I I IIII -I II III ~ Courtice