HomeMy WebLinkAboutPSD-021-14 Clarftwn REPORT
PLANNING SERVICES DEPARTMENT
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: April 14, 2014 Resolution#: i( - 1 By-law#: C
f -1
Report#: PSD-021-14 File#: ZBA 2014-0005
SUBJECT TO CONSTRUCT AN LCBO RETAIL STORE AND AN INTER-PARCEL
LANEWAY
APPLICANT: COURTYARD PROPERTY INVESTMENTS INC.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-021-14 be received;
2. THAT the Zoning By-law application submitted by Courtyard Property Investments Inc.,
to permit the construction of an LCBO retail store, continue to be processed and that a
subsequent report be prepared; and
3. THAT all interested parties listed in Report PSD-021-14 and any delegations be advised
of Council's decision.
Submitted by: Reviewed by: `"` ,
D id . Crome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
PW/COS/df
9 April 2014
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE ON L1C 3A6 T 905-623-3379
REPORT NO.: PSD-021-14 PAGE 2
1. APPLICATION DETAILS
1.1 Applicant: Courtyard Property Investments Inc.
1.2 Proposal: To permit amendments to Zoning By-law 84-63 sufficient to allow
the construction of a street-related LCBO retail store and an inter-parcel
laneway.
1.3 Area: 6,809 m2 (1.68 ac.)
1.4 Location: 1437 Highway 2 & 4 Darlington Boulevard, Courtice
2. BACKGROUND
2.1 In June of 2003, Council approved the purchase of the southern portion of the lands that
were previously part of the Waltzing Weasel property (PSD-087-03). The intent of this
purchase was two-fold:
• Create a pedestrian connection between Foxhunt Trail and Darlington Boulevard;
and
• Obtain land for the future construction of a rear laneway that would extend from
Darlington Boulevard to Townline Road South.
2.2 On March 4t", 2014, Courtyard Property Investments Inc. (CPI) submitted a Zoning By-
law amendment application for the construction of an LCBO retail store, south of the
existing restaurant, within the rear parking area.
2.3 Since the current property was not of sufficient size to accommodate all of the built and
functional requirements of the proposed LCBO, the Owner approached the Municipality
with an offer to purchase the lands that the Municipality had previously acquired in
2003.
Council has declared the Municipal lands, south of the subject property, as surplus. The
condition attached to that declaration was that those lands continue to accommodate a
pedestrian walkway and an inter-parcel laneway, as was envisioned by the
Municipality's original property acquisition.
A purchase and sale agreement has been reached with the Owner which will relocate
the pedestrian walkway further to the south and result in the construction of their portion
of the inter-parcel laneway.
2.4 The principals of Courtyard Property Investments Inc., through a separate company,
also own the neighbouring property to the west, containing Swiss Chalet, CIBC, et al. In
order to facilitate improved traffic flow and parking efficiency across both sites, it is
proposed to merge these two properties on title. A temporary connection between the
parking areas of the two properties has already been constructed.
REPORT NO.: PSD-021-14 PAGE 3
2.5 A few of the reports that were submitted in support of this application include:
• A Planning Rationale Report; and
• A Parking Study.
A summary of these reports is included in Section 7 of PSD-021-14.
3. LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject property is located at the southwest corner of Regional Highway 2 and
Darlington Boulevard in Courtice. This site is currently occupied by The Courtyard
restaurant at the north, a parking area in the centre of the site and a vacant area at the
south end of the site. Though the subject property fronts onto Regional Highway 2, and
the main entrance to the building faces this road, the vehicular access to the property is
from Darlington Boulevard.
A restaurant was constructed and has continued to operate at this location since 1999;
first as The Waltzing Weasel and now as The Courtyard.
FIGURE 1
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"The Courtyard" restaurant—Viewed facing southeast
3.2 The surrounding uses are as follows:
North - Retail, commercial service and medical office (Shoppers Drug Mart,
commercial strip plaza, Courtice medical building)
South - Low-density residential
East - Fuel bar (Esso) and low-density residential
West - Retail and commercial service (Swiss Chalet, CIBC, Wimpy's, et al.)
REPORT NO.: PSD-021-14 PAGE 4
Figure 2
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The subject site and surrounding properties
4. PROVINCIAL POLICY
4.1 Provincial Policy Statement 2005 and 2014
The objective of both the 2005 and the 2014 versions of the Provincial Policy Statement
(PPS) is the promotion of efficient land use and development patterns which facilitate
economic growth while protecting both public health and the environment.
One of the stated means of fulfilling the requirements of the PPS is to maintain and
enhance downtowns and mainstreets. Within the Courtice context Regional Highway 2,
between Townline Road and Darlington Boulevard, serves as a mainstreet for the
community.
REPORT NO.: PSD-021-14 PAGE 5
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 that are transit-supportive and pedestrian-friendly. 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.
5. OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the subject site as "Regional Corridor".
Lands within this designation are expected to be developed as high-density, mixed-use
areas supporting higher order transit services and pedestrian oriented development.
The long-term density target for "Regional Corridors" is a floor space index (FSI) of 2.5.
While the proposed development will only create an FSI of 0.2, this project will remain
principally in-line with the existing zoning rights for this site.
5.2 Clarington Official Plan — Land Use
The portion of the site on which the LCBO retail store is proposed to be located is
designated "Commercial" within the Courtice Main Street Secondary Plan. The long
term goal is for properties within the "Commercial" designation to redevelop into a more
compact form.
The Courtice Main Street Secondary Plan was approved by Clarington Council on
January 28, 2013. However, it is not yet in full force and effect since the adoption by
Regional Council has been appealed to the Ontario Municipal Board.
As a result, the majority of the subject site remains designated "Mixed Use Area", within
the Courtice West Shopping District, and the southernmost portion of the site is
designated "Urban Residential". The proposed LCBO will be located exclusively within
the "Mixed Use Area" of the site.
6. ZONING BY-LAW
6.1 The subject lands are zoned in Zoning By-law 84-63 as follows:
• "Special Purpose Commercial (C5)";
• "Holding - Special Purpose Commercial ((H)C5)"; and
• "Urban Residential Type One (R1)".
REPORT NO.: PSD-021-14 PAGE 6
6.2 The proposed LCBO retail store is permitted on the northern portion of the subject site
which is zoned "C5". The southern portion of the site requires an amendment to Zoning
By-law 84-63 to permit commercial uses. Site specific amendments to the zoning
regulations are required.
7. SUMMARY OF BACKGROUND STUDIES
7.1 Planning Rationale Report
The intent of this application, as outlined in the Planning Rationale Report, is to seek
appropriate, site-specific regulations that will accommodate an already permitted, retail
development on the subject site. An LCBO retail store (beer, liquor and wine outlet) is
already permitted within the current "C5" zoning. However, a number of the functional
and built form requirements require modification to accommodate development on this
site.
According to the Owner's Planning Rationale Report, the proposed development will
have four benefits:
1. Move the built form to the street edge on Darlington Boulevard;
2. Improve vehicular access from Darlington Boulevard;
3. Provide a more efficient parking arrangement; and
4. Introduce retail activity onto Darlington Boulevard.
The Planning Report concludes that the construction of an LCBO retail store will
contribute to the development of Courtice as a complete community by expanding on
the range of retail services available to its residents.
7.2 Parking Study
A Parking Study, prepared in support of this application, reviewed two items related to
the anticipated parking demands resulting from this development.
• The currently experienced parking demands across the subject site and the
neighbouring site to the west; and
• The anticipated parking demands generated by an LCBO retail store.
The Parking Study reported that:
• The existing restaurants and the proposed LCBO will experience slightly offset peak
parking demands;
• The Courtyard restaurant generates a minimum of 65 vehicles to their site during
weekend meal times;
• Based on winter parking counts, the Swiss Chalet / CIBC site generates as much as
80 vehicles to their site during peak periods;
• For its size, the proposed LCBO is anticipated to generate a maximum of 30 parking
spaces; and
• The total parking supply, across both sites, is 206.
REPORT NO.: PSD-021-14 PAGE 7
The Parking Study can be summarized as follows:
Table 1
Property & Use Required Expected
Parking Parkin
The Courtyard 42 65
LCBO 31 30
Swiss Chalet, CIBC, et al. 113 80
TOTAL PARKING NEEDS 186 175
PARKING PROVIDED 206 206
PARKING SURPLUS 20 31
The Parking Study concludes that, following the construction of an LCBO retail store,
parking across both the subject site and the neighbouring site to the west will continue
to meet the minimum requirements of the Zoning By-law.
7.3 Review of the Parking Study
7.3.1 Demand on the Swiss Chalet/CIBC site
Absent from the Parking Study was an acknowledgment that there are still two units
which are vacant within the Swiss Chalet/ CIBC site. Should those units be occupied in
the future, and the site fully tenanted, the parking demands will only increase.
Based on past experience and the potential future traffic generation from the vacant
units it is Staff's opinion that the peak parking requirements of the Swiss Chalet/ CIBC
site will be at least 113 as required by the Zoning By-law.
7.3.2 Demand on The Courtyard/LCBO site
Based on historical experience, and reinforced by current observations, it is Staff's
opinion that the peak parking requirements of The Courtyard restaurant alone will be at
least 75.
While the LCBO site used in the comparative example was almost 200 m2 (2,150 ft2)
larger than the retail store proposed for Courtice, the comparison site is also located
within 2 kms of another LCBO location. The nearest LCBO to the Courtice site would
be almost 5 kms away in Oshawa. This means that the Courtice store will potentially
serve a larger catchment area and more customers than the comparison store.
Anecdotally, the highest periods for sales at the LCBO are during the Christmas season
and during the summer. The parking analysis done in February would reflect one of the
lower sales periods for the LCBO.
As such, the numbers provided in the Parking Study for anticipated traffic volumes to
the proposed LCBO should be viewed as being minimum traffic numbers rather than
peak traffic numbers. Therefore, it is Staff's opinion that the peak parking requirements
of LCBO will be at least 31.
REPORT NO.: PSD-021-14 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 two public meeting notice signs were installed on the property. The public notice
was also posted on the Municipal website and in the Planning Services electronic
newsletter.
8.2 As of the writing of this report, Staff received three public inquiries. All inquiries
requested further information about the application.
One neighbouring resident expressed support for the application while also sharing the
opinion that the parking at The Courtyard restaurant is always busy and especially in
summer when the patio is open.
Another neighbouring property owner expressed concern about the sufficiency of the
current vehicle stacking requirements on Darlington Boulevard.
9. AGENCY COMMENTS
9.1 Durham Regional Planning and Economic Development Department
The Regional Planning Department has noted that the Phase 1 and Phase 2
Environmental Site Assessment (ESA) reports, prepared in support of this application,
are more than 18 months old and should be updated (the Phase 1 ESA is 24 months
old and the more detailed Phase 2 ESA is 23 months old). The Regional Planning
Department recommends that a Record of Site Condition (RSC) be submitted to the
Ministry of the Environment and that an Acknowledgement Letter be received
confirming that this site has not been selected for audit.
10. DEPARTMENTAL COMMENTS
10.1 Emergency and Fire Services and Engineering Services
The Emergency Services and the Engineering Services Departments have both
expressed no objection to the proposed applications.
Two new accesses to the site are proposed off Darlington Boulevard. The south access
is to facilitate the future construction of a rear lane from Townline Road to Darlington
Boulevard. The locations of both accesses are acceptable to the Municipality.
The intersection of Darlington Boulevard and Region Highway 2 is signalized. A traffic
study has not been required for this proposal.
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-021-14 PAGE 9
11. DISCUSSION
11.1 An LCBO store in Courtice will fill a gap in commercial services currently existing and
often expressed by residents.
11.2 Compatibility
At this time, the southern portion of the subject site will retain residential zoning. No
development is presently proposed for that portion of the site. Zoning By-law 84-63
contains a requirement that a landscape strip or privacy fence must be constructed
between a commercial zone and a residential zone. The intent of this requirement is to
provide a buffer and/or screen between commercial properties and residential
neighbours in order to provide existing or future residents with sufficient privacy and to
mitigate potential noise, light and other intrusive impacts.
The proposed LCBO will be located over 23 metres (75) from the existing residential
neighbour to the south (8 Darlington Boulevard). The buffer between the proposed
LCBO and the residential neighbour will include a landscape buffer and a walkway. In
addition, a new privacy fence will be constructed on the Owner's property.
The potential land use impacts on the surrounding residential properties, will be
mitigated through the site plan review process including noise, privacy and excessive
lighting in accordance with standard municipal practice.
11.3 Urban Design / Built Form
The urban design objectives for the Courtice Main Street have not yet been
implemented in the Zoning By-law. In the interim, all development approvals are
encouraged to conform to these design objectives.
In particular, staff will be seeking the following through the site plan process:
• The eastern fagade of the building along Darlington Boulevard include materials and
design elements sufficient to give the appearance of a two-storey massing as
required by the Courtice Main Street Secondary Plan;
• The northern and western fagade of the building include significant projections (for
wall sections and pillars) and roofline articulations (for wall sections and towers) to
maximize building character;
• All refuse bins and grease bins, on both the subject site and the abutting site to the
west (which is to be merged with the subject site), are placed inside an existing
building or inside a roofed enclosure to be constructed to match the architectural
design and materials of the proposed and existing buildings respectively;
• A 2.0 metre pedestrian walkway is provided proximal to the south property line and
extends east-west from Darlington Boulevard to the Foxhunt Trail walkway; and
• A 2.0 metre pedestrian walkway is provided along the north-south property line
shared by the subject site and the abutting site to the west to which it is to be
merged.
REPORT NO.: PSD-021-14 PAGE 10
Figure 5
Refuse bins located in parking stalls to the south of the Swiss Chalet building
11.4 Inter-parcel Laneway and Pedestrian Walkway to Darlington Boulevard
As stated in Section 2.3 of Report PSD-021-14, an inter-parcel laneway will be required
to be constructed as a condition of the purchase of the surplus Municipal lands behind
The Courtyard site.
In addition, the current pedestrian walkway extends from Foxhunt Trail to Darlington
Boulevard through a portion of the subject site which is expected to form the future,
inter-parcel laneway. It remains the Municipality's interest that a pedestrian walkway be
maintained in this area. The construction of the relocated walkway will need to take
place prior to the removal of the existing pedestrian walkway so that a pedestrian
connection remains open and available through the entire construction period.
Figure 6
Existing pedestrian walkway at Darlington. Boulevard viewed facing west
REPORT NO.: PSD-021-14 PAGE 11
11.5 Vehicular Entrance Requirements along Darlington Boulevard
There are two setback requirements in the Zoning By-law for vehicular entrances that
apply to this site as follows:
i) Setback of a commercial entrance to a residential zone
The proposed southerly entrance will be adjacent to a landscaped boulevard and
pedestrian walkway which will retain its residential zoning at the present time.
The intent of the 7.5 metre setback for commercial driveways from the side yard
lot line of residential zones is to avoid conflicts between the commercial and
residential traffic entering the roadway from abutting properties.
The proposed southerly driveway entrance will be located over 12 metres (39')
from the property line of the existing residential neighbour at 8 Darlington
Boulevard so the intent of the regulation is maintained even if it is technically
adjacent.
ii) Setback of commercial property entrances from intersections
The proposed relocation of the northerly property entrance will place it
approximately 32 m (105') from the intersection of Regional Highway 2 and
Darlington Boulevard. The intent of the setback for commercial driveways from
an intersection is to avoid conflicts between the traffic pulling out of a site and the
traffic passing by a site. The Engineering Services Department have determined
that the proposed entrance will not create a traffic conflict.
11.6 Parking
The parking spaces that are proposed on the subject site (75) exceed the minimum
number of parking spaces required for the existing and proposed uses by Zoning By-law
84-63. However, due to the location of several high volume businesses and the layout
of the two sites, Staff continue to have concerns that parking needs may exceed the
standard requirements contained in Zoning By-law 84-63. Staff noted that several
parking spaces are currently unavailable due to accommodation for snow storage and
the placement of refuse bins.
The Parking Study indicates that the restaurants and the LCBO retail store will likely
experience overlapping peak traffic periods in the late afternoon and early evening. The
other businesses within the Swiss Chalet/ CIBC site (bank, bakery, home healthcare
retail and dentist) are expected to have their traffic generation more evenly spread
throughout the day and throughout the week.
12. CONCURRENCE — Not applicable
REPORT NO.: PSD-021-14 PAGE 12
13. CONCLUSION
13.1 The purpose of Report PSD-021-14 is to provide background information for a Public
Meeting under the Planning Act. Staff will continue processing the application including
the preparation of a subsequent report.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Carlos Salazar, Manager, Community Planning & Design Branch
Attachments:
Attachment 1 - Key Map
List of interested parties to be notified of Council's decision:
David White, Courtyard Property Investments Inc.
Steven Zakem, Aird & Berlis LLP
Tony lezzi, c/o Maria lezzi
Mark Stanisz
Jeff Goldman, Durham Custom Homes
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