HomeMy WebLinkAboutPD-145-96THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: BIRCHDALE.GPA ®
REPOR T
PUBLIC MEETING
Meeting: General Purpose and Administration Committee File # ,J ° Lti. c�� D P
Date: Monday, November 4, 1996 Res.
Report #:
PD- 145 -96 File #: DEV 96 -010 (REVISED)
Subject: REZONING AND SITE PLAN APPLICATIONS
APPLICANT:
1420 AND 1422 HIGHWAY • 2, COURTICE
FILE: DEV 96-010 (REVISED)
Recommendations:
By -law #
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD- 145 -96 be received;
2. THAT the application to amend Comprehensive Zoning By -law of the former Town
of Newcastle submitted by Randy Jeffrey on behalf of Birchdale Investments Limited
be referred back to Staff for further processing and preparation of a subsequent
report pending receipt of all outstanding comments; and
3. THAT all 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 an appropriate zone
permitting the development of a 1,341 m2 retail commercial plaza.
1.4 Site Area: 0.72 hectares (1.78 acres)
2. LOCATION
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 lance
6 1
REPORT NO. PD-145-96 PAGE 2
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 Comprehensive
Zoning By -Law 84 -63 of the former Town of Newcastle. Located at 1422 Highway
2, the application 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.
4. EXISTING AND SURROUNDING USES
4.1 Existing Uses: Vacant land
4.2 Surrounding Uses: East:
North:
Vacant buildings (formerly Adams Warehouse)
Residential subdivision
REPORT NO. PD- 145 -96 PAGE 3
West: Future commercial development
South: Commercial and residential development
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 appears to conform
to the Official Plan policies.
6. ZONING BY -LAW
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.
M
REPORT NO. PD-145-96 PAGE 4
• •
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, no inquiries have been received on the revised
application.
7.3 A number of inquiries have been received from adjacent residents on the previous
application. The concerns are summarized as follows;
• residents are concerned about traffic impacts of development along Highway
2, particularly at the Varcoe Road /Darlington Boulevard intersection;
• light trespass from the development is a potential concern of residents along
Bridle Court;
• 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.
7.3 A letter of concern was also received from a resident on Bridle Court (See
Attachment #3). Concerns mentioned in the letter have been discussed above and
will be dealt with through site plan approval. While the concern raised in regards
to the walkway between Bridle Court and the proposed commercial development at
Townline Road and Highway 2 is not relevant to this application, the issue will be
dealt with during the site plan review process of the Valiant Property application,
located to the west of this site.
604
REPORT NO. PD- 145 -96 PAGE 5
7.4 A letter of concern regarding the western access on the subject lands was received
from John Wilson, a landowner on the south side of Highway 2 (See Attachment
#4). The nature of the concern will be more fully discussed in Section 9.0 of this
report.
8. AGENCY COMMENTS
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 Durham Regional Public Works Department has provided comments for 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.
The proposed western access must be moved eastward such that the centreline of
the access is approximately 13.5 metres east of the western property line. This will
accommodate the required 9.0 metre turning curb radii and 9.0 metre access throat
width. By relocating the access to the east, the new location will ultimately align with
the future access point on the south side of Highway 2.
8.3 Comments still remain outstanding from the following agencies:
• Clarington Public Works Engineering Division
• Clarington Public Works Parks Division
• Durham Regional Planning Department
• Central Lake Ontario Conservation Authority
• Ontario Hydro
9. STAFF COMMENTS
9.1 Staff have initiated a joint review of the Birchdale Investments Limited and the Valiant
Property Management site plan applications. A number of issues must be resolved:
• location of the western access on the Birchdale lands;
605
REPORT NO. PD- 145 -96 PAGE 6
• integrating the rear lanes between both sites;
• traffic circulation along the common property boundary between both sites;
• common landscaping themes along the Highway 2 frontage;
• requirement for landscaping along the rear property boundaries; and,
• type and height of noise attenuation fence along the rear property
boundaries.
Staff will be working together with both developers to resolve these site plan issues.
9.2 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 and common
internal traffic circulation. This is achieved through limiting commercial
entranceways to 80 metre intervals. Under this policy, the subject lands
would receive one access with additional access being permitted through an
entrance on the Whiting property to the east, the later being secured through
joint easements registered against both properties.
The Municipality established these access points along both sides of Highway
2 through the "Courtice West /Highway 2 Corridor Study ". This exercise
ensured that the access points were across from each other on both sides of
Highway 2 and were properly illustrated on all site plan applications. The
applicant has not spaced the access on the subject lands according to these
criteria.
John Wilson, a landowner on the south side of Highway 2, is concerned
about the location of this access proposed by the applicant because it
impacts the future access location on his property. Based on the comments
provided by the Durham Region Public Works Department, the revised
location of the western access should alleviate Mr. Wilson's concerns.
606
REPORT NO. PD- 145 -96 PAGE 7
An integrated system of private rear lanes having a minimum width of 7.0
metres is required to accommodate the movement of internal traffic between
developments. The system would be implemented by means of registered
easements in favour of the abutting property owners.
Circulation between the Valiant and Birchdale sites will require cooperation
of both landowners. The focus is to minimize the amount of paved area
along this boundary while accommodating deliveries to the restaurant located
on the Valiant site as well as traffic circulation between the developments.
Both owners should jointly develop a traffic circulation plan for this area.
9.3 Landscaping along the front and rear of the Jeffrey and Valiant properties will be
coordinated by Staff.
• Landscaping along Highway 2 should consist of a 4.5 metre strip containing
plant materials and fencing. In return, the depth of parking spaces adjacent
to a landscaping strip and a walkway could be reduced by 0.5 metres to
permit vehicle overhang. Plant materials could be comprised of trees and
ground cover while the fencing could consist of brick, wrought iron, or a
combination thereof. A common theme will be developed between the two
sites.
The landscaping along the rear property boundary would be limited because
of the noise attenuation fence along the rear property line.
9.4 A noise attenuation fence must be provided along the rear of the properties. Valiant
Property Management has agreed to conduct a noise study to recommend the
height and type of noise fence required. The final noise fence treatment
recommended by this study would be continued onto the Birchdale lands.
607
REPORT NO. PD- 145 -96 PAGE 8
9.5 The following design concerns need to be addressed for the Birchdale lands:
The applicant has located the loading spaces towards the northeastern corner
of the property. Although this meets the intent of the by -law, they are not
functional at this location. This issue will require further Staff review.
Previous resident comments indicated concerns regarding noise due to hours
of operation of the restaurant. The revised application shows a drive - through
restaurant at both ends of the development. There are possible noise
impacts at the menu board of the drive - through restaurant located at the
north- western corner of the building. The applicant had previously agreed
that only one drive - through restaurant would be included in the development.
Therefore, the development will be limited to one drive - through restaurant;
however, this does not preclude a restaurant without a drive - through
component from being include in the development.
• Several residents have noted concerns regarding potential lighting impacts.
It has been suggested that a lighting engineer prepare a lighting plan to
ensure that light levels do not adversely affect adjacent homes.
9.6 Although the Central Lake Ontario Conservation Authority has yet to provide
comments, previous discussions indicate that stormwater outfall issues must be
resolved. Stormwater from the subject lands discharge into Farewell Creek through
an existing outfall at Highway 2. As this outfall is eroding, an engineering study
must be completed outlining the work required to alleviate the problem. Both the
study and the required works must be funded by the benefitting property owners.
9.7 In relation to concerns regarding traffic impacts, 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
I
REPORT NO. PD- 145 -96 PAGE 9
traffic signalization. Regional Staff have indicated that it could be several years
before the traffic counts warrant signalization at this location.
9.8 As the purpose of this report is to satisfy the requirements for the Public Meeting
under the Planning Act, R.S.O. 1990, and considering the number of outstanding
comments, it is respectfully requested that this report be referred back to Staff for
further processing and the preparation of a subsequent report.
Respectfully submitted, Reviewed by,
j ,—LA -
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
RH *FW *cc
4 IV #3 e � �-- --- A
W. H. 8f&lZwell
Chief Administrative
Officer
Attachment #1 - Key Map
Attachment #2 - Proposed Site Plan and Building Elevations
Attachment #3 - Correspondence from Richard Olsen
Attachment #4 - Correspondence from John Wilson
October 23, 1996
Interested parties to be notified of Council and Committee's decision:
Birchdale Investments Limited
1050 Simcoe Street North
Oshawa, Ont. L1 G 4W5
Attn: Randy Jeffrey
Richard Olsen
12 Bridle Court
Courtice, Ont.
George & Hortenzia Dorca
15 Bridle Court
Courtice, Ont. L1 E 2131
Nino Scanga
16 Griffiths Drive
L1 E 2131 Ajax, Ont. L1 T 3J4
John Wilson
1421 Highway 2
Courtice, Ont. L1 E 2J6
Valiant Property Management
177 Nonquon Road, 20th Floor
Oshawa, Ont. L1 G 3S2
Attn: Deborah Clarke
6,99
ATTACHMENT #1
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Mr. Richard Holy, Planner
Municipality of Clarington
40 Temperance Street
Bowmanville L1C 3A6
Subject: Planning File: DEV 96 -010
ATTACHMENT #3
April 23, 1996
Clerk's File: D14.DEV.96 -010
Can you kindly table these comments with the GP &A committee for May 6, 1996.
I am in support of the application. I would ask, however, that the Committee
consider the following comments:
1 > As this area of Courtice gets built up, traffic control will eventually be needed
at the intersection of Hwy 2 and Varcoe Rd./Darlington Blvd. Traffic lights would
be logical. Would it not be better to install them in anticipation of need, rather than
waiting until the number of right -angle collisions warrants that corrective measures
be taken? (after all, this is a planning exercise) I understand the jurisdictional
problem. Is it possible for the Committee to communicate this to Regional Works?
2> A few of my neighbors on Bridle Court are concerned with lighting levels at
this proposed building and /or parking lot, and wish that any on -grade or above -
grade lighting in this development not be intrusive. Can this be reviewed.
3> In the event of an application for development to the immediate west of Bridle
Court, to the east of Townline, I would ask that a walkway from Bridle Court to
any development not be permitted, as many of us on the street do not want
excessive pedestrian traffic past our houses.
Can you please keep me informed of any developments in these areas.
Yours truly,
ffo�4,_
Richard Olsen
12 Bridle Court
LIE 2131
�Or ,C;i:.A�`a41,NGTON
1Ir-,011rilitWItTi
September 11, 1996
John Wilson
1421 Hwy. #2,
Courtice, Ontario
LIE 2J6
(905) 576 -9430
Attn: Mr. Richard Holly, Clarington Planner
Dear Sir:
ATTACHMENT #4
It has come to my attention that Birchdale Investments is proposing to build a plaza on
property at 1420 & 1422 Hwy. #2 directly north of property owned by the writer. I have no
objection to this plaza. However, I do have some concern about the entrance proposed for the
western boundary.
If the Town and Region want entrances on the north and south of Hwy. #2 to be opposite
each other to facilitate the flow of traffic as I have been told, then the western entrance to
Birchdale plazaa could be moved east of the western boundary and my future entrance could be
moved west of my eastern boundary sufficient to allow both entrances to be opposite each other.
This would put both entrances mid way between the existing/future entrances to the east and
west.
The above change would also make the future development of my property easier as it
would allow building down the west side and parking on the east side with easier access to the
Swiss Chalet/Harvey's plaza which would allow better traffic flow within the plazas.
I hope these suggestions meet with your approval. I would appreciate your comments
and recommendations.
Yours truly,
John Wilson
cc. Mike Lenters, Regional Planner
616
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