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Home My WebLink AboutPSD-024-13 Clarftwn REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 8, 2013 Resolution#: w By-law#: V013-0419 ,,)f °01(. Report#: PSD-024-13 File#: COPA 2012-0008 AND ZBA 2012-0024 Subject: AN APPLICATION TO BROADEN THE RANGE OF COMMERCIAL USES AT 1540 HIGHWAY 2 IN COURTICE APPLICANT: EFS INVESTMENTS INC. RECOMMENDATIONS: It is respectfully requested that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-024-13 be received; 2. THAT Amendment No. 90 to the Clarington Official Plan to permit additional commercial uses at 1540 Highway 2 in Courtice, as contained in Attachment 2 to Report PSD-024- 13, be adopted and the By-law adopting the Official Plan Amendment contained in Attachment 3 to Report PSD-024-13 be passed; 3. THAT the Zoning By-law Amendment application submitted by EFS Investments Inc. be approved as contained in Attachment 4 to Report PSD-024-13; 4. THAT the Region of Durham Planning Department and Municipal Property Assessment Corporation be forwarded a copy of this report and Council's decision; and 5. THAT all interested parties listed in Report PSD-024-13 and any delegations be advised of Council's decision. Submitted by: x Reviewed by; vi . Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer PW/COS/df 27 March 2013 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: PSD-024-13 PAGE 2 1. APPLICATION DETAILS 1.1 Agent: MMM Group Limited 1.2 Applicant/Owner: EFS Investments Inc. 1.3 Proposal: To broaden the range of commercial uses permitted on the subject property 1.4 Area: 0.72 Ha 1.5 Location: 1540 Durham Highway 2, Courtice (Former Hilltop Restaurant) 2. BACKGROUND 2.1 On November 19, 2012, MMM Group Limited submitted a Clarington Official Plan Amendment application and an application to amend Zoning By-law 84-63, on behalf of EFS Investments Inc. These applications are seeking to broaden the range of permitted commercial uses on this property in order to provide greater flexibility in leasing space within the existing buildings. On February 25, 2013, a Public Meeting was held for the Clarington Official Plan Amendment application and the application to amend Zoning By-law 84-63 in consideration of these applications. Staff Report PSD-014-13 offered no objections to the proposed amendments as originally submitted. It was recommended by Report PSD-014-13 that the proposed amendments be approved unless objections were raised at the Public Meeting. 2.2 At the Public Meeting one member of the public spoke to these applications. It was suggested by the resident that the owner should consider incorporating housing for seniors on this site. Additionally, it was highlighted that future development (new construction) on this site must mitigate any potential impact upon both the Black Creek and the Farewell Creek which abut this property. One resident had a concern with the potential impact on existing businesses along Highway 2. 2.3 During the Public Meeting the Agent spoke on behalf of the Owner. Aside from a few technical corrections that were identified in the proposed amendment documents the Agent requested that a number of additional uses be considered for this property. The uses, which had not been previously sought by the Applicant, included: • Nursing Home; • Printing or Publishing Establishment; and • Light Service Shop The Agent also sought accommodation for a future realigned driveway into the property and permission for drive-through facilities. REPORT NO.: PSD-024-13 PAGE 3 In order to have these additional requests given consideration, it was the request of the Applicant that the proposed Clarington Official Plan Amendment application and the application to amend Zoning By-law 84-63 continue to be processed by Staff. 2.4 Subsequent to the Public Meeting, the Owner withdrew the request for the additional uses and accommodation that were not part of the original application. 3. DISCUSSION 3.1 The subject property is located within the Courtice Main Street Secondary Plan (CMSSP), which was passed by Council on January 28, 2013. Once the Courtice Main Street Secondary Plan is adopted by the Region of Durham, a subsequent Zoning By- law Amendment will be submitted by the Municipality for the entire Courtice Main Street area (including the subject property). The future Zoning By-law Amendment for the Courtice Main Street area will continue to include all of the land use permissions granted by this application and will regulate those uses in a form consistent with the rest of the Courtice Main Street area and the "Commercial Mixed Use" designation. The proposed Zoning By-law allows for additional uses, such as residential apartments (including housing for seniors) as part of a mixed-use building, consistent with the C1 Zone. 3.2 No new buildings or additions to existing buildings, is proposed by these applications. The primary intent is to broaden the range of uses to provide greater leasing opportunities subject to Municipal Site Plan control. It would also trigger the need for an Environmental Impact Study. However, additions and new building would be permitted. 3.3 While the issue of market impacts was raised by a resident, no local business owners echoed this concern. Courtice is currently underserved with commercial floor space. Commercial floor space is expected to increase to meet the needs of residents as reflected in the Courtice Main Street Amendment (COPA 89). 4. CONCURRENCE — Not Applicable 5. CONCLUSION 5.1 With the exception of "Supermarket" each of the originally proposed uses, requested by the Applicant, have been found to be appropriate for the site and surrounding area, of appropriate scale and in conformity with the goals and objectives of the Courtice Main Street Secondary Plan. 5.2 It is recommended that the proposed Clarington Official Plan Amendment (Attachment 2 to Report PSD-024-13) and Zoning By-law Amendment (Attachment 4 to Report PSD- 024-13) be approved. REPORT NO.: PSD-024-13 PAGE 4 CONFORMITY WITH STRATEGIC PLAN — The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: X Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Carlos Salazar, Manager, Community Planning and Design Paul Wirch, Planner II Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Official Plan Amendment Attachment 3 - Clarington Official Plan Amendment Adopting By-law Attachment 4 - Proposed Zoning By-law Amendment List of interested parties to be advised of Council's decision: Ford Wong Chad John-Baptiste Mike Qaqish Libby Racansky Attachment 1 Z To Report PSD-024-13 QlONA3a 3Oa030 3NV13`JV'82V0 N � N � 3Alaa iNVH'JNIa(3NVS = 3nmo WVHONIaaNV 0 C a) w E N V N30S3a0 3lVONAI d' C Q Q �✓ Q MQ N33 OVIe T ® Q� CD C� _ O E ' M N C OVOa31VANOIS3a ' Q N C 30�1d A3lTiAQ 55 r ® /�� o N2 1 O N M 3 N J r diva 3000OS Q a LL J o m m p ® w a z N y U = 0 �S�a = o = CL 0 TT �b L. x 0 IV Li ° 1 31 3 \ w i O x z u MA 3WANOIS�I�d O J z � Y W 0 N Q 2 O r4) ~� v Z � fj � O i i z � o (n J W CO i i Attachment 2 To Report PSD-024-13 i AMENDMENT NO. 90 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN PURPOSE: To create an interim exception to the Clarington Official Plan that will remain in effect until the adoption of the Courtice Main Street Secondary Plan. The exception will permit an increase to the range of commercial uses on the subject property. LOCATION: 1540 Highway 2, Courtice Part Lot 33, Concession 2, Former Township of Darlington Block 11 on Plan M-747 Parts 1-3 on Plan 10R-1376 BASIS: This amendment is based on the Geotechnical Investigation and Slope Assessment (May 2012) prepared by V.A. Wood Associates Limited, the Courtice Main Street Secondary Plan and as further reviewed by Municipal staff. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended as follows: 1. By adding a new Section 23.14.18 as follows: Notwithstanding the policies of Section 9 (Residential Neighbourhoods) and Section 16.8 (Special Policy Area "F" — King Street Corridor) of the Clarington Official Plan, the lands located at 1540 Highway 2, Courtice and described by assessment roll number 1817-010-060-13367, shall be permitted to operate a limited range of retail, service and office uses in addition to specific residential uses as identified in the Zoning By-law. This exception shall be repealed at such time as Clarington Official Plan Amendment #89 (Courtice Main Street Secondary Plan) is approved by the Region of Durham." IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official Plan, regarding the implementation of the Plan, shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the Municipality of Clarington Official Plan, regarding the interpretation of the Plan, shall apply in regard to this Amendment. Attachment 3 To Report PSD-024-13 i CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2013- being a By-law to adopt Amendment No. 90 to the Clarington Official Plan WHEREAS Section 17 (22) of the Planning Act R.S.O. 1990, as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to an increase the list of commercial uses permitted at 1540 Highway 2, Courtice; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 90 to the Clarington Official Plan being the attached Explanatory Text is hereby adopted. 2. This By-law shall come into force and take effect on the date of the passing hereof. BY-LAW passed in open session this day of 2013. Adrian Foster, Mayor i Patti L. Barrie, Municipal Clerk i Attachment 4 To Report PSD-024-13 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2013- being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for j i the Corporation of the former Town of Newcastle 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 Municipality of Clarington for ZBA 2012-0024; 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 thereto,the following new Special Exception zone 16.5.35 as follows: 16.5.35 GENERAL COMMERCIAL EXCEPTION (C1-35)ZONE Notwithstanding Section 16.1a., 16.1b., 16.2a., 16.3a. and 16.3d. those lands zoned C1-35 as shown on the Schedules to this By-law shall be subject to the following uses and regulations: 1. PERMITTED USES a. Residential Uses i) Dwelling units existing at the date of passing of this by-law; and ii) Dwelling units as part of a building containing a permitted non-residential use(s). b. Non-Residential Uses i) Business, Professional or Administrative Office ii) Commercial School iii) Convenience Store iv) Day Nursery v) Dry Cleaning Distribution Centre vi) Eating Establishment ' vii) Eating Establishment,Take-out viii) Financial Office ix) Retail/Commercial Establishment x) Tavern A) Private Club xii) Place of Entertainment xiii) Laundry, Coin-Operated xiv) Medical or Dental Clinic xv) Personal Service Shop xvi) Veterinarian Clinic xvii) Hotel xiii) Motel xix) Place of Worship C. A drive-through facility is not permitted. 2. REGULATIONS i a. For any new building,the following regulations apply: i) Front Yard 1.5m (minimum) 6.Om (maximum) ii) Minimum Height 2 storeys ii) Maximum Height 4 storeys I b. For the lands located below the top of bank, as defined by the Conservation Authority: i) No additions or expansions to an existing building or structure are permitted. ii) No use identified in 16.5.35(1)is permitted unless it is contained within a building or structure that existed on April 15,2013. C. A portion or all of the required parking for lands zoned C1-35 may be accommodated in an abutting EP-2 zone." 2. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Special Purpose Commercial (C5)Zone"to "General Commercial Exception (C1-35) Zone", "Environmental Protection (EP)" and "Environmental Protection Exception (EP-2)" as illustrated 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 passed in open session this day of 2013. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk I i This is Schedule "A" to By-law 2013- , passed this day of , 2013 A.D. i REGIONAL HWY 2 N Zoning Change From"C5"TO"C1-35' Zoning Change From"C5'TO"EP" ® Zoning Change From"C5"TO"EP-2" i ( Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk E PARK DR Z RAR - kh V RIDLEf UU S LEPARK.R i a a �ANOS` W�UH�HWAY2 DU DURHAM HIDHWAY2 WRHAM HIDHWAY2 HnHWAY2 D10 T D a AVENUE rc SRRLINDA UE m D o g t.SO ,� &i R D6 STRA—H NDRNE I-, 5 RA DRNE um CEO i ND ,� ( STEPHEN AVENUE COU RTIC E zea zoaz-aoza � - � E SCHEDULE 4 i