HomeMy WebLinkAboutPD-2-97DN:BIRCHDALE.GPAHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
PUBLIC MEETING
Meeting: General Purpose and Administration Committee File # cal, jet O� L
Date: Monday, January 6, 1997 Res. # r - q Y I
Report #: PD -2 -97 File #DEV 96 -010 (Revised) By -law #
Subject: REZONING APPLICATION
APPLICANT: BIRCHDALE INVESTMENTS LTD
LOCATION: PART LOT 35, CONCESSION 2, FORMER TOWNSHIP OF
DARLINGTON
FILE NO.: DEV 96 -010 (REVISED)
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD -2 -97 be received;
2. THAT the application to amend the former Town of Newcastle Comprehensive
Zoning By -Law 84 -63 submitted by Randy Jeffrey on behalf of Birchdale
Investments Limited to construct a 1,341 m2 retail commercial plaza be
APPROVED;
3. THAT the amending by -law attached hereto be forwarded to Council for approval;
4. THAT a copy of this report 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: Birchdale Investments Limited
1.2 Agent: Randy Jeffrey
1.3 Rezoning: From "Special Purpose Commercial (C5) Zone" to
"Holding - General Commercial Exception ((H)C1 -20)
Zone" permitting the development of a 1,341 m2 retail
commercial plaza.
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1.4 Site Area: 0.72 hectares (1.78 acres)
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2.1 The subject lands are located at 1420 and 1422 Highway #2 in Courtice, across
from the Dinnerex plaza containing the Swiss Chalet restaurant. The applicant's
land holdings total 0.72 hectares (1.78 ac). The legal description of the property
is Part Lot 35, Concession 2 in the former Township of Darlington.
3.1 On March 14, 1996, Randy Jeffrey filed an application on behalf of Birchdale
Investments Limited with the Municipality of Clarington to amend the former Town
of Newcastle Comprehensive Zoning By -Law 84 -63. Located at 1422 Highway 2,
the app.lication was to change the zoning from "Special Purpose Commercial (C5)
Zone" to an appropriate zone permitting the development of an 585 m2 retail
commercial plaza, consisting of two drive - through fast food restaurants and a
retail store.
3.2 The parcel located at 1420 Highway 2 was previously owned by F. & A. Scanga
Holdings Limited and Fernande Jacobelli. These owners also had an application
(DEV 96 -018) requesting a zoning amendment from "Special Purpose Commercial
(C5) Zone" to an appropriate zone permitting the development of an 565 m2 retail
commercial plaza. Subsequent to negotiations between the parties, Randy Jeffrey
purchased the Scanga Holdings / Jacobelli site during the summer.
3.3 As a result, a revised application incorporating both properties was filed by Randy
Jeffrey on September 20, 1996 to change the current zoning from "Special
Purpose Commercial (C5) Zone" to an appropriate zone permitting the
development of an 1,341 m2 retail commercial plaza, consisting of two drive -
through fast food restaurants and a number of retail stores (See Attachment #1).
• •• • •
3.4 A Public Meeting was held on November 4, 1996 for the revised application. An
inquiry from an area resident indicated that no notification of this Public Meeting
was received. Further investigation revealed that 18 adjacent property owners
within the 120 metre mailing radius had not received proper notification under the
Planning Act. As a result, this Public Meeting is being held to fulfil the
requirements of the Planning Act.
4. EXISTING AND SURROUNDING USES
4.1 Existing Uses: Vacant land
4.2 Surrounding Uses:
East: Vacant buildings (formerly Adams Warehouse)
North: Residential subdivision
West: Future commercial development
South: Commercial and residential development
5. OFFICIAL PLAN POLICIES
5.1 Within the existing 1991 Durham Region Official Plan, the subject lands are
designated "Sub- Central Area ". These areas shall provide an integrated array of
community, office, retail and personal service, recreational and residential uses.
A total of 28,000 m2 of retail commercial floorspace has been designated for the
Courtice portion of the Sub - Central Area. The application appears to conform
with the policies.
5.2 The subject lands are designated "Sub - Central Area: Primary Commercial Area"
within the Clarington Official Plan. Permitted uses within these areas include
retail, personal service and office uses, recreational and cultural uses including
places of entertainment but excluding video arcades, residential uses, and
community facilities. A total of 28,000 m2 of retail commercial floorspace has
been designated for the Courtice portion of the Sub - Central Area. The application
REPORT • PD-2-97
appears to conform to the Official Plan policies.
-•
6.1 The subject lands are currently zoned "Special Purpose Commercial (C5) Zone"
which permits the retail sales of furniture/ major appliance/ office furniture, motor
vehicle sales/ equipment/ accessories, building supply outlet, beer/ liquor/ wine
outlet, garden centres, fruit and vegetable outlet, eating establishments, taverns,
places of entertainment, hotels/ motels, and places of worship. As the proposed
use does not comply with the zoning by -law, an application to rezone the property
is warranted.
7. PUBLIC NOTICE AND SUBMISSION
7.1 In accordance with Municipal procedures and the requirements of, the Planning
Act, the appropriate signage acknowledging the application was erected on the
subject lands. The required notice was mailed to each landowner within the
prescribed distance.
7.2 As of the writing of this report, one general inquiry has been received on the
revised application.
7.3 A number of inquiries from adjacent residents received on the previous
application. The concerns are summarized as follows:
residents are concerned about traffic impacts of development along
Highway 2, and would request that traffic lights be installed at the Varcoe
Road/ Darlington Boulevard intersection;
• light trespass from the development is a potential concern of residents
along Bridle Court;
613
concerns over noise from the development have also been voiced,
particularly over hours of operation; and,
there has been some objection to the height of the proposed fence along
the rear property line which may block the views presently enjoyed by
some neighbours.
7.4 These issues are discussed under the Staff Comments section of this report.
[WOO] ►, I TJ
8.1 The application was circulated to solicit comments from other relevant agencies.
The Clarington Fire Department has no objections to the application.
8.2 The Clarington Public Works Department - Engineering Division has no objections
to the rezoning subject to the following requirements:
• The applicant must provide a rear lane to facilitate traffic flow between
commercial sites to the east and west. The site plan should be revised to
provide barriers channelling traffic between sites;
• Full engineering plans indicating lot grading and drainage must be
submitted for approval. Any proposed storm sewer connections are
subject to Durham Region Public Works approval;
• Any entrances to the subject lands from Highway 2 must be approved by
Durham Region Public Works;
The approved site plan for this development must be compatible with the
commercial development to the west.
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8.3 The Clarington Public Works Department - Parks Division has no objections to the
rezoning application. The applicant must submit a landscaping plan for approval
and provide a 2% cash -in -lieu of parkland dedication. The dedication is based
on a real estate appraisal for the property to be prepared by the applicant.
8.4 The Durham Regional Planning Department has no objections as the proposal
conforms to the Durham Plan.
8.5 The Durham Regional Public Works Department has provided comments on the
application. Municipal water supply and sanitary sewer can be provided from the
existing services in Highway 2. The property is presently stubbed for services.
Initially, the Region requested that the centreline of the western access be placed
13.5 metres east of the western property line. Further discussions with the
applicant resulted in the centreline of the access being relocated to approximately
7.5 metres from the western property line. A 9.0 metre turning curb radius and
a 9.0 metre entrance throat width will still be required. The exact location and
geometry will be refined through the site plan application process. This location
should satisfactorily align with the future access to the Wilson /Charewicz lands on
the south side of Highway 2.
The Region will permit the applicant to connect to the existing storm sewer at
Highway 2 provided that the applicant controls stormwater flows to pre-
development flow rates.
8.6 The Central Lake Ontario Conservation Authority has indicated that they have no
objections in principle to the rezoning application. The applicant must address
the following issues prior to site plan approval:
615
REPORT PAGE
Stormwater from the subject lands discharge into Farewell Creek through
an existing stormwater outfall at Highway 2. Increased stormwater flows
from development on the subject lands will cause further erosion of the
stormwater outfall and surrounding area into Farewell Creek. An
engineering study should be prepared detailing the required stormwater
outfall works required to alleviate the erosion problems. The new outfall
should be funded by the benefitting property owners and constructed prior
to development proceeding on the subject lands; and,
• Sedimentation controls are required during construction of the stormwater
outfall.
The applicant's engineering consultant is meeting with CLOCA to resolve these
matters.
8.7 Comments still remain outstanding from Ontario Hydro.
9. STAFF COMMENTS
9.1 A number of policies in the Courtice Sub - Central Area Secondary Plan seek to
minimize the traffic problems of the area. These are as follows:
• The Secondary Plan requires a consolidation of access points to 80 metre
intervals. The subject lands will receive one access near the western
property boundary. Additional access will be permitted through an
entrance either on the Whiting lands to east or on the property boundary.
The applicant is currently negotiating with Durham Region Public Works
and Ted Whiting to finalize the entrance location. Easements will be
required to secure a joint entrance.
An integrated system of private rear lanes having a minimum width of 7.0
REPORT
metres is required to accommodate the movement of traffic between
developments. The system will be implemented by means of registered
easements in favour of the abutting property owners.
Circulation between the sites along the common property boundary will
require cooperation between from both landowners. Both developers are
preparing a circulation plan for this area.
9.2 The location of the western entrance to the subject lands has been resolved.
Previously, the centreline of the entrance was to be located 13.5 metres from the
western property boundary. Through discussions between the applicant as well
as Regional and local Staff, the centreline of the entrance will be located 7.5
metres from the western property boundary.
This also resolves the entrance location issue between John Wilson, a landowner
on the south side of Highway 2, and the applicant. Durham Region Public Works
proposed a solution whereby the western property entrance to the Birchdale lands
are opposite but slightly skewed off - centre to the entrance to the
Wilson /Charewicz lands. This solution is acceptable to both Mr. Wilson and the
applicant.
9.3 A common landscaping theme between the subject lands and the Valiant lands
will be coordinated by Staff. Plant materials could comprise of trees and ground
cover while the fencing could consist of brick, wrought iron, or a combination
thereof. A 4.5 metre strip containing plant materials and fencing will be located
along Highway 2. In order to accommodate the amount of parking requested on
the subject lands, the depth of parking spaces adjacent to a landscaping strip
and the sidewalk will be reduced from 5.7 metres to 5.2 metres to permit vehicle
overhang.
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REPORT .
The landscaping along the rear property boundary would be limited because of
the noise attenuation fence proposed along the rear property line.
9.4 A noise attenuation fence must be provided along the rear of the properties. The
applicant is conducting a study to recommend the height and type of noise
attenuation fence required to be installed along the rear property line. Although
some residents have expressed concerns that fencing along the rear property line
will limit their views, such a fence is necessary to limit the impacts of visibility and
noise from this commercial development.
9.5 The following site plan design concerns for the subject lands need to be
addressed:
• The applicant has located the loading spaces towards the northeastern
corner of the property which does not allow them to function as intended.
To properly facilitate deliveries, the loading spaces will have to be
relocated to the rear of the building, exclusive of any area required for the
rear lane system.
• Previous resident comments related to noise due to hours of operation for
restaurants. There may be noise impacts from the menu board of a drive -
through operation located at the western portion of the building. The noise
study must satisfy Staff that such an operation will not unduly impact the
residents to the north of the development.
• Several residents have noted concerns regarding potential lighting impacts.
The applicant must provide a lighting study to ensure that light levels do
not adversely impact adjacent homes.
REPORT NO.: PD -2 -97 PAGE 10
9.6 Discussions with the Durham Region Public Works Department indicated that the
Region currently has no intentions of installing signal lights at the Varcoe Road
and Highway 2 intersection. Traffic counts conducted in June 1996 at the
intersection have not met the required warrants for traffic signalization. Regional
Staff have indicated that it could be several years before the traffic counts warrant
signalization at this location.
9.7 The applicant will have to submit a formal set of drawings to obtain site plan
approval. These include a site plan, engineering plans including lot grading and
drainage, landscaping plan, and building elevations. Once approved, these plans
will form the basis of the site plan agreement.
10. CONCLUSIONS
10.1 The attached by -law limits the permitted amount of retail commercial floorspace
on the subject lands to 1,341 m2 as requested through the application. In
addition, the parking space length adjacent to a landscaping strip and on -site
sidewalk have been reduced from 5.7 metres to 5.2 metres to provide for vehicle
overhang. This provides additional site design flexibility.
10.2 The attached by -law incorporates the Holding (H) symbol for the subject lands.
It is Staff's position that a number of issues remain outstanding. The holding
symbol will be removed once Staff are satisfied that all issues have been resolved.
10.3 Having considered all of the issues, Staff are satisfied that the subject lands be
rezoned. The proposed development is in conformity with the Clarington Official
Plan. Based on the comments contained in this report, Staff recommend that this
development application and the attached amending By -Law be APPROVED.
Prior to the issuance of a building permit, the applicant will be required to remove
the Holding (H) symbol and execute a site plan agreement to the satisfaction of
the Municipality.
REPORT PAGE 1M
Respectfully submitted,
Franklin Wu, M.C.I.P., R.P.P.
Director of Planning
and Development
RH *FW *df
23 December 1996
Attachment #1 - Proposed Site Plan
Attachment #2 - Zoning By -Law Amendment
Reviewed by,
/M�1V71vv)
W.H. Stockwell
Chief Administrative
Officer
Interested parties to be notified of Council and Committee's decision:
Birchdale Investments Limited
1050 Simcoe Street North
OSHAWA, Ontario
L1 G 4W5
Attn: Randy Jeffrey
Richard Olsen
12 Bridle Court
COURTICE, Ontario L1 E 2131
John Wilson
1421 Highway 2
COURTICE, Ontario L1 E 2J6
Wayne Bolahood
420 King Street West
Suite 205
OSHAWA, Ontario L1 J 2K8
Loraine McEwan
8 Bridle Court
COURTICE, Ontario L1 E 2131
George & Hortenzia Dorca
15 Bridle Court
COURTICE, Ontario L1 E 2131
Nino Scanga
16 Griffiths Drive
AJAX, Ontario UT 3J4
Valiant Property Management
177 Nonquon Road
20th Floor
OSHAWA, Ontario L1 G 3S2
Attn: Deborah Clarke
Gordon Cobb
Vesta Investments Limited
638A Sheppard Avenue West
Suite 222
NORTH YORK, Ontario M3H 2S1
Karen Howe
21 Bridle Court
COURTICE, Ontario L1 E 2131
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 97-
being a By -Law to amend By -Law 84 -63, the Comprehensive 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 DEV 96 -010 to permit the development of
a 1,341 m2 retail commercial plaza.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 16.5 "SPECIAL EXCEPTIONS - GENERAL COMMERCIAL (Cl) ZONE" is
hereby amended by adding hereto, the following new Special Exception 16.5,20
as follows:
"16.5.20 GENERAL COMMERCIAL EXCEPTION (C1 -20) ZONE
Notwithstanding Section 16.3, and Section 3.14, the lands zoned "C1 -20" on the
Schedules to this By -Law 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.
ii) Sidewalk
Shall mean an area for exclusive pedestrian use constructed of concrete
located between the building and the street line.
(b) REGULATIONS FOR NON - RESIDENTIAL USES
i) Total Floor Area (maximum) 1,341 square metres
ii) Parking Space Size 5.2 metres In length by 2.75 metres in
width provided that such a space is
perpendicular to a landscaping strip or a
sidewalk."
2. Schedule 114" to By -Law 84 -63, as amended, is hereby further amended by
changing the zone designation from:
622
Page 2...
"Special Purpose Commercial (C5) Zone" to "Holding - General Commercial
Exception ((H)C1 -20) 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 Section 34 of the Planning Act,
By -law read a first time this day of 1997
By -law read a second time this day of 1997
i'
By -law read a third time and finally passed this day of 1997
MAYOR
CLERK
623
This is Schedule "A' to By —law 97— ,
passed this day of , 1997 A.D.
LOT 35 , CONCESSION 2
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® ZONING CHANGE FROM "C5” TO "(H)C1 -20"
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Mayor 2015 10 5 0 Clerk
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