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HomeMy WebLinkAboutPSD-028-13 Clarington REPORT PLANNING SERVICES DEPARTMENT PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 22, 2013 Resolution#: CrOfq - -l By-law#: Report#: PSD-028-13 File#: COPA 2012-0009, ZBA 2012-0025 Subject: AN APPLICATION TO CONVERT A RESIDENTIAL PROPERTY TO A COMMERCIAL PARKING LOT APPLICANT: IRON STAR DEVELOPMENTS INC. (TRIBUTE) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-028-13 be received; 2. THAT, provided there are no significant issues raised at the Public Meeting: a) THAT Amendment No. 94 to the Clarington Official Plan, submitted by Iron Star Developments Inc. to convert a residential property to a commercial parking lot on the subject lands as contained in Attachment 2 to Report PSD-028-13, be adopted and the By-law adopting the Official Plan Amendment contained in Attachment 3 to Report PSD-028-13 be passed; b) THAT the Zoning By-law Amendment application submitted by Iron Star Developments Inc. be approved as contained in Attachment 4 to Report PSD-028- 13; 3. THAT the Holding Symbol be lifted at such time as the proponent has conveyed permanent easements for the rear lane; 4. THAT staff be authorized to request a modification to OPA 89 to incorporate the subject lands within the Courtice Main Street; 5. THAT the Region of Durham Planning Department and Municipal Property Assessment Corporation be forwarded a copy of this report and Council's decision; and CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: PSD-028-13 PAGE 2 6. THAT all interested parties listed in Report PSD-028-13 and any delegations be advised of Council's decision. Submitted by: ��-�°" - Reviewed by: David rome, MCI P, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer PWICOSIdf 17April 2013 REPORT NO.: PSD-028-13 PAGE 3 1. APPLICATION DETAILS 1.1 Applicant/Owner: Iron Star Developments Inc. (Tribute Communities) 1.2 Agent: GHD 1.3 Proposal: To convert a residential property to commercial use and merge it with an existing commercial plaza. 1.4 Area: 0.7 Ha 1.5 Location: 5 Townline Road South, Courtice 2. BACKGROUND 2.1 Tribute Communities, through a related company Midwalsh Developments Ltd., are the owners of a commercial plaza and restaurant at 1403 Highway 2. They have been unsuccessful at attracting a tenant to occupy the approximately 700 m (7,500 ft2) unit left vacant when Blockbuster Video ceased operations from this site in June of 2011. One of the primary concerns raised by prospective tenants is the lack of convenient parking on-site. As a result, Tribute acquired the residential property at 5 Townline Road South in the hopes of converting that property to commercial use, merging it with the existing commercial plaza and using it as an additional parking area for the plaza. 2.2 On December 21, 2012, the consulting firm GHD submitted an application, on behalf of Iron Star Developments Inc., for the following: • To amend the Clarington Official Plan and Zoning By-law 84-63, for 5 Townline Road South, to convert this residential property to commercial use. • To amend the existing Site Plan approval for the commercial plaza and restaurant at 1403 Highway 2 to include the lands at 5 Townline Road South as an additional parking area. The purpose of these applications is to create an expanded parking area for the existing commercial plaza. No new buildings or additions to existing buildings are proposed. 2.3 The home and the detached garage at 5 Townline Road South were originally constructed circa 1943. These structures are not architecturally or culturally significant. 2.4 Development approval for the commercial plaza at 1403 Highway 2 was granted in the early 90`s in two phases: • the Tim Hortons restaurant in April of 1993; and • the commercial plaza building was granted in June of 1995. REPORT NO.: PSD-028-13 PAGE 4 2.5 In support of this request, the Agent has submitted the following reports 1 studies: • A Planning Rationale Report; • A Stormwater Management Brief; • A Noise Assessment, and • A Phase 1 Environmental Site Assessment. 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property contains an existing single detached dwelling and a detached garage. FIGURE 1 -r III III IN 11 5 Townline Road South —Viewed Facing east 3.2 The surrounding uses are as follows (see Attachment 1 to Report PSD-02813): North - Commercial plaza South - Low density residential East - Low density residential West - Low density residential REPORT NO.: PSD-02813 PAGE 5 FIGURE 2 ! 1 <s , i Commercial plaza at 1403 Highway 2--Viewed facing southeast 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement (PPS) The PPS promotes efficient land use and development patterns while at the same time ensuring that any development avoids harmful impacts upon both public health and the environment. These goals are to be achieved within existing settlement areas and in a manner which minimizes land consumption and servicing costs. The Applicant's proposed conversion of the subject site into an accessory parking area will support the continued viability of the existing plaza with minimal impact on existing Municipal services. This application conforms with the Provincial Policy Statement, 4.2 Growth Plan for the Greater Golden Horseshoe (Growth Plan) The policies of the Provincial Growth Plan promote the creation of compact, complete communities. Part of the intent of the Growth Plan is to manage growth in a manner that will optimize existing infrastructure and support a strong economy. The first priority of growth shall be to seek to intensify within existing built up areas. The subject property is located within the Provincially-defined "Built Boundary". The Growth Plan requires that population and employment growth be directed to built-up areas of the community to optimize existing land supply and better utilize existing municipal services. This application conforms with the Provincial Growth Plan. REPORT NO.: PSD-428-13 PAGE 6 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan The subject lands are in the vicinity of a Regional Corridor identified in the Durham Regional Official Plan. With an amendment to the Clarington Official Plan, the proposed lands would be with the Courtice West Shopping District and thus be included with the Regional Corridor. 5.2 Clarington Official Plan The Clarington Official Plan designates the subject lands as "Urban Residential'. The predominant use of lands designated "Urban Residential" shall be for housing purposes. As a consequence, it is necessary for the Applicant to receive an amendment to the Clarington Official Plan in order to convert the property to a parking area for a commercial use. While the Courtice Main Street Secondary Plan (CMSSP) was approved by Clarington Council on January 28, 2013, it has not yet been adopted by Regional Council. Therefore, the Courtice West Shopping District Secondary Plan remains in place until the CMSSP comes into effect. The commercial plaza property, to which the subject lands are to be merged, is currently designated "General Commercial' within the Courtice West Shopping District Secondary Plan. These applications seek to redesignate the subject lands to match the designation of the plaza property to the north. Further discussion of the conformity is contained in Section 11 of this report. 6. ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands as "Urban Residential Type One (R1)". The abutting commercial plaza and restaurant property to the north is zoned "General Commercial (Cl)". Through the current applications, the Applicant has requested that the zoning on the subject property be changed to reflect the same zoning as that of the commercial plaza to which it will be merged. Further discussion of the compatibility of introducing commercial zoning to the subject site is contained in Section 11 of this report. REPORT NO.; PSD-028-13 PAGE 7 7. SUMMARY OF BACKGROUND STUDIES 7.1 Planning Rationale Report The proponent's view is that the Agent's opinion that the consolidation of the subject parcel (5 Townline Road South) with the existing commercial plaza will conform with the intent of the Clarington Official Plan as it will: e Allow for a more comprehensive development scheme; • Enhance the utilization and function of the existing plaza; and • Support the function of the rest of the commercial block. Part of the increased functionality of the site will be an improved stormwater sewer connection. The rest of the commercial block, from Townline Road to Darlington Boulevard, will be supported by the creation of a private laneway through the south side of the property which will allow traffic from other properties in the block to access Townline Road. 7.2 Stormwater Management Design Brief The Stormwater Management Design Brief demonstrates that the proposed stormwater water controls will conform to Municipal standards. 7.3 Noise Assessment The findings of the Noise Assessment state that the combination of all noise sources on the commercial plaza property are expected to be slightly over the acceptable thresholds outlined by the Ministry of the Environment. As a result, two noise mitigation measures are recommended: • The construction of a 2.1 metre noise fence along the southerly and south- easterly property line; and • The limiting of delivery vehicles to between the hours of 7:00 a.m. and 7:00 p.m. These mitigation measures will be implemented as part of the Site Plan approval process should Council deem it appropriate to approve these applications. 7.4 Phase 1 Environmental Site Assessment Based on the research conducted for the Phase 1 Environmental Site Assessment, no evidence of contamination was found on the subject property and no further investigation of the site was recommended. REPORT NO.: PSD-028-13 PAGE 8 8. PUBLIC NOTICE AND SUBMISSIONS 8.1 Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting notice sign was installed on the property. The public notice was also posted on the Municipal website and in the Planning Services electronic newsletter. 8.2 At the writing of this report, Staff had received no inquiries concerning these applications. 9. AGENCY COMMENTS 9.1 Region of Durham The Region of Durham has confirmed that these applications contain no significant Regional or Provincial concerns. As such, the Clarington Official Plan Amendment is exempt from Regional approval. Road widening dedications requested by the Region of Durham along Highway 2 and Townline Road will be addressed through the Site Plan approval process. 9,2 City of Oshawa A copy of these applications was circulated to the City of Oshawa since the subject property is located along a boundary road shared with their city. The City of Oshawa has expressed no objection to these applications. 10. DEPARTMENTAL COMMENTS 10.1 Emergency and Fire Services and the Engineering Services Department The Emergency and Fire Services and the Engineering Services Department have both expressed no objection to the proposed applications. Any outstanding technical matters will be addressed during the Site Plan approval process. 10.2 Finance Department The Finance Department has confirmed that the taxes on the subject property have been paid up-to-date. REPORT NO.. PSD-028-13 PAGE 9 11. DISCUSSION 11 .1 Rear Laneways Within the Courtice West Shopping District, a system of private laneways have been identified to interconnect all of the commercial properties and provide for access to Townline Road and Darlington Road. This would improve safety by allowing for access to signalize other sections and circulation when the Region implements a centre median. To facilitate the rear laneway system, reciprocal easements are required. It is recommended that a condition of lifting the holding symbol on the zoning be the provision of the necessary easements by the applicant. 11 .2 Tenant Opportunities It is hoped that the conversion of the subject property, for use as an accessory parking area for the commercial plaza will provide the Applicant with greater ability to attract a mid-sized tenant to occupy the space left vacant by Blockbuster Video. The presence of the existing small-unit tenants (which include a convenience store, salon, hobby shop and a fast food outlet) already provide for the daily needs of the local neighbourhood. It is anticipated that a mid-sized tenant would be able to offer goods and/or services which would draw customers from a wider catchment area than just the local neighbourhood. This would be in keeping with the goal of the Courtice West Shopping District that it serve the urban areas of Courtice and Oshawa. 11.3 Compatibility The commercial plaza would abut one residential side yard (along a 56 metre length) and one residential rear yard (along an 18 metre length). Screening and acoustical mitigation would be achieved by the construction of a new sound fence and a landscaped boulevard. In addition, as a consequence of expanding the existing parking area and drive aisle onto to the subject property at 5 Townline Road South, improvements to the on-site drainage could be made which would significantly reduce the incidence of water ponding in the southeast corner of the plaza property. Today, an existing mature hedge separates the commercial plaza from the residential properties to the south. The current hedge offers little to no noise attenuation and gaps in the hedge offer clear lines of sight between the commercial and residential properties. While the subject applications would have the effect of drawing the parking area for the commercial plaza closer to the residential neighbours, other on-site improvements will be instituted through the Site Plan approval process which will offer improved screening and increased noise attenuation. REPORT NO.: PSD-028-13 PAGE 10 11.4 Parking The overall number of parking spaces on the commercial plaza and restaurant site meets the Municipal requirements. The Applicant stated that prospective tenants have criticized the amount of convenient parking on-site. The perception of a lack of convenient parking on this site is likely compounded by traffic congestion caused by the stacking lane for the older style Tim Hortons drive-through which runs from the south end of the plaza to the restaurant at the north end of the property. The proposed conversion of the subject lands for accessory parking will create an overall parking supply which exceeds the Municipal requirements. In addition, the proposed parking will be located away from the drive-through stacking lane on the south side of the existing building. 11.5 Courtice Main Street Secondary Plan As noted earlier, the existing plaza is designated "Commercial" in the CMSSP. This designation provides for retail, service and office uses, high density residential uses and limited community facilities. It provides for redevelopment up to 8 storeys and requires a minimum of 4 storeys in this area. The proposal is not for the redevelopment of the plaza site. The proposed conversion of the subject property will permit the plaza to continue to operate competitively with existing development in the west end of Courtice until such time as the market conditions are appropriate for the plaza property to be redeveloped. The long term goal is to see this area redevelop into a more compact form. Should Council choose to approve these applications, the Region of Durham should be requested to make appropriate modification to OPA 89 and adjust the boundaries of the CMSSP to include the subject lands. In the event that the CMSSP is either appealed or not adopted, the Official Plan Amendment and Zoning By-law Amendment, proposed by this application, would remain in effect for this property. 12. CONCURRENCE -- Not Applicable 13. CONCLUSION 13.1 If approved, the Applicant's proposal will support the continued operation of the commercial plaza. It will also provide the opportunity to implement easements and design the site for the extension of a private rear laneway across this property and out to Townline Road South. REPORT NO.: PSD-028-13 PAGE 11 13.2 Provided there are no significant issues raised at the Public Meeting, and based on the comments in this report, it is recommended that the proposed Clarington Official Plan Amendment (Attachment 3 to Report PSD-028-13) and Zoning By-law Amendment (Attachment 5 to Report PSD-028-13) be approved. 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: Paul Wirch, Planner 11 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: Iron Star Developments Inc. Bryce Jordan Attachment 1 To Report PS©-028-13 M aavn3in C lure E v � w E � 't! WHIIMM E C n Qf v LO c o a N Q O Q o _Y 0 E O 6 o o N �. x � V 1!illgy WOkl3NIk�L4At H1110 OV0213 ¢ iawsaV N I Q •� V/ Q O 0 0 C G o 0 3 � 'S n", O s N � .� O U a ca OJ az 0. UiJ Q r ow Ww n. N� a x Q 0 I � � IIIII c�N HVIOS GVOU WINMOl z �aa a Attachment 2 To Report PSD-028-13 AMENDMENT NO. 94 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 the conversion of a residential property for commercial use. LOCATION: 5 Townline Road South, Courtice Part Lot 35, Concession 2, Former Township of Darlington PLAN RCP 713 PT LOT 58 RP 40R22592 PART 1 BASIS: This amendment is based on a Stormwater Management Brief and a Planning Rationale Report prepared by GHD and a Noise Assessment prepared by YCA Engineering Limited and as further reviewed by Municipal staff. ACTUAL AMENDMENT: The Courtice West Shopping District Secondary Plan is hereby amended as follows: 1. By amending Map A Land Use as shown on Schedule 'A' attached. 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. Schedule "A" Amendment No. 94 To the Municipality of Clarington Official Plan Map A Land Use, Courtice West Shopping District Secondary Plan NASH ROAD • • °a • o • • v DRIVE a BRIDLE COURT 0 0 DALEPARK CHERRY o BLOSS'O!! J 000 o 00 10 P4RKETTE m o ° o ° 0 °0° 0 0 o a o 0 0 0 0 0 0 0 0 0 0 0 0 0 o n 0 0 0 0 0 0 0 0 0 o tl o , o 0 0 0 o 0 o Q' °O°O°O°O°O°O° O°q°O°O°O°O°O°O°O°D°O°O°O°O O0°0°0°0°0000 00000°000°000°0000°o°oa0300 LU 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 °O°00,0°O°00000 °°°o°o°o°°°o°°°o°°°o°n°o°O° z g o 0 0 o 0 0 0 0 o a 0 0 0 0 0 0 0 0 0 0 n OQOogogoqoqo0o Oo0o0oao0o0o00000°00°00000000 V 00000000000000 0000°00 O°0°0°0°0°0°0°0°0°00 yry}� ° °0°000000000 000000000000no°on000noOaoo HIGHyaY O O ° DOGogO oo00oO 000 0O00oO00g1090009 00°0o 0°00000000000 00 0010O 0010000000 0000 0 0 • •• 0 00000°O° O00°O°O° 0 0 O O O °O°O°O°O O°000°O O O O O O o g o O Q O O g 0 0 0 0 0 0 -.0.-,00 O O O O o 0 0 0 0 0 0 0 n O O O O O tl a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a o 0 0 0 0 0 0 000000100 0000000001000000000010000000 00 9-9-9-9- O tl tl o o tl o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a o 0 0 0 0 o q O g q O q 0 0 0 0 0 0 0 0 4 0 o°o°°°o°q°O°q q° °o° • Q 00000000 000000o0o0oOQ0o0o000o000002 000 • 0 0 0 0 0 0 0 0 0 0 o g q O D O A o O o 40 000000o000000000o0000000000 °°� • Ld Fy, ° 0 °O°o0D°00000°00°000000 100 O • �pcOyaa 0 0°0Q0�O0°O�°p00°00OO�o000 • z CRT, • °a DO a�O.lG�Q0O°°IlfpGo • o ADJUST BOUNDARY ° °° ° O°�° egg O ° O 0 O z °°000000QGo • OF "COURTICE WEST • SHOPPING DISTRICT" • KINGSWAY GA o c� z DESIGNATE "GENERAL COMMERCIAL AREA" n¢ 0 50 100 150 m '.� 50 m MAP A LAND USE COURTICE WEST SHOPPING DISTRICT o°oo°oo°o MIXED USE AREA COURTICE WEST SHOPPING DISTRICT GENERAL COMMERCIAL AREA — — — — INTERNAL LANEWAYS SECONDARY PLAN AUGUST, 2010 OFFICE COMMERCIAL AREA • • • • • • PEDESTRIAN WALKWAYS THIS Our-lu"TAN>s PWADED FOR CONVERENCE ONLY IMD REPRESENTS REQUESTED MQDfaT*NS MO PPPROVNS Attachment 3 To Report PSD-028-13 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2013- being a By-law to adopt Amendment No. 94 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 permit the conversion of a residential property to commercial use; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 94 to the Clarington Official Plan (Courlice West Shopping District Secondary Plan), 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 29th day of April,2013. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk Attachment 4 To Report PSD-028-13 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 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 2012-0025; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Urban Residential Type One (R1)Zone"to "Holding-General Commercial ((H)01) Zone" as illustrated on the attached Schedule"A"hereto. 2. Schedule"A"attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. BY-LAW passed in open session this day of ,2013. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk