HomeMy WebLinkAboutPSD-021-14 Addendum Cladiwa REPORT
PLANNING SERVICES DEPARTMENT
Meeting: COUNCIL
Date: April 28, 2014 Resolution#: By-law#:
Report#: Addendum to File#: ZBA 2014-0005
PSD-021-14
Subject: TO PERMIT THE CONSTRUCTION OF AN LCBO RETAIL STORE
APPLICANT: COURTYARD PROPERTY INVESTMENTS INC.
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
1. THAT Addendum to 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, be approved with a 'Holding (H)
Symbol' as contained in Attachment 3 to Addendum to Report PSD-021-14;
3. THAT a by-law be forwarded to Council to lift the 'Holding (H) Symbol' at such time as
the requirements contained in Section 3.9 of the Addendum to Report PSD-021-14 have
been completed to the satisfaction of the Directors of Planning Services and the
Director of Engineering Services;
4. THAT the Region of Durham Planning and Economic Development Department and the
Municipal Property Assessment Corporation be forwarded a copy of the Addendum to
Report PSD-021-14 and Council's decision; and
5. THAT all interested parties listed in Addendum to Report PSD-021-14 and any
delegations be advised of Council's decision.
7
Submitted by: Reviewed by:
David rome, MCIP, RPP nklin Wu,
Director of Planning Services Chief Administrative Officer
PW/DC/sn
April 22, 2014
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE ON L1C 3A6 T 905-623-3379
REPORT NO.: ADDENDUM TO PSD-021-14 PAGE 2
1. APPLICATION DETAILS
1.1 The operation of a "beer, liquor and wine outlet", such as the proposed LCBO retail
store, is already permitted on the northern portion of the subject site. This application is
for the following items:
• To permit the east wall of the LCBO to be located along Darlington Boulevard;
• To permit the northerly entrance to the property to be located 32 metres (105)
from the intersection of Regional Highway 2 and Darlington Boulevard;
• To permit the southerly entrance to the property to be located 12 metres (39')
from the property line of the existing residential neighbour at 8 Darlington
Boulevard; and
• To rezone lands near the south end of the site to permit a private, inter-parcel
laneway as well as a portion of the service and delivery area for the proposed
LCBO.
2. PUBLIC COMMENTS
2.1 Comments received from the public, both prior to and at the Public Meeting, included
the following concerns:
• Traffic congestion on Darlington Boulevard;
• Sufficient on-site parking;
• Alternate locations in Courtice;
• Proximity to a residential area;
• Students using the walkway to Foxhunt Trail;
• The Public Notice Signs were knocked down;
• Loss of existing mature trees.
3. STAFF RESPONSE TO PUBLIC COMMENTS
3.1 Traffic
The Engineering Services Department has requested that a southbound turn lane be
provided from Highway 2 to the first entrance into the subject site on Darlington
Boulevard. This will prevent traffic congestion in the vicinity of the intersection with
Regional Highway 2.
In addition, to avoid traffic congestion caused by customers parking on Darlington
Boulevard, the Engineering Service Department has advised that the northern portion of
the road will be classified and signed for "No Parking".
3.2 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. By merging The Courtyard property with the Swiss Chalet/CIBC property to the
west, the Applicant will provide additional overflow parking opportunities in the
immediate vicinity of both The Courtyard restaurant and the proposed LCBO. The
REPORT NO.: ADDENDUM TO PSD-021-14 PAGE 3
entrance to the LCBO is located in the northwest corner of the building to maximize its
ability to readily utilize spaces in the centre of the merged site (see Attachment 2).
Further accommodations proposed by the Applicant (such as directing staff to park in
the underused areas at the back of the site) will maximize customer parking
opportunities at the front of the site.
This will be a busy site and parking will be at a premium in certain periods. There is a
large pool of parking in the general vicinity which would also allow alternative parking
options in the area.
3.3 Alternate Locations in Courtice
There were two delegates that offered alternate fully-serviced sites. Durham Custom
Homes stated that the LCBO would be much better suited at their site at 1475 and 1485
King Street East). They noted that it could be the lynchpin to move their development
forward in a way that would be mutually beneficial for the Municipality, given its plans for
Tooley Mill Park and Farewell Creek Trail.
While the Durham Custom Homes site may be a better site, the LCBO has chosen the
subject site. The municipal interest is for the "planned function" for the area as a whole.
The Durham Custom Homes site and the subject site are both within the "Commercial"
designation of the West Gateway Precinct in the Courtice Main Street Secondary Plan.
Both sites have zoning that would allow for an LCBO store.
The LCBO conducts detailed evaluations of both markets and sites prior to proceeding
with new store construction. Many sites in Courtice and east Oshawa were considered
by LCBO before a decision was made to select the current site.
Given that there have been no talks in the past year with Durham Custom Homes about
their site, it would appear that the LCBO has determined the subject site is best for their
current needs.
3.4 Proximity to a Residential Area
The proposed LCBO store will be located over 23 metres (75') from the residential
property to the south (8 Darlington Boulevard). The inter-parcel laneway will be located
12 metres (40') from the residential neighbour. Between the proposed LCBO and the
residential neighbour will be a walkway and a landscape buffer. The Site Plan approval
will require a new privacy fence to be constructed near the joint property line of the
LCBO site and all abutting, residential neighbours.
The potential land use impacts on the surrounding residential properties will be
mitigated. The Site Plan application will include an evaluation of noise, privacy and
excessive lighting in accordance with standard municipal practice.
3.5 Walkway to Foxhunt Trail
The principal of S.T. Worden Public School (1462 Nash Road) has advised staff that
students in the residential areas south of Regional Highway 2 have access to school
bus service. Despite this fact, several students do choose to walk or bike to school and
some of those will use the existing pedestrian walkway from Foxhunt Trail to Darlington
Boulevard. Therefore, the construction of the relocated pedestrian walkway, further
REPORT NO.: ADDENDUM TO PSD-021-14 PAGE 4
south on the same site, should be completed and open to the public prior to the removal
of the existing walkway.
In addition, in subsequent discussions with the applicant, they advised that a north-
south walkway could not be accommodated because of the loss of parking spaces. As
an alternative, the applicant offered to construct the sidewalk on Darlington Boulevard
from the east-west walkway to Highway 2.
3.6 Public Notice Signs
An inspection by Staff revealed that both Public Notice Signs had been knocked down
since first being erected on March 21 st, 2014 (see Figure 1 and Figure 2). It is unclear
whether the signs came down due to weather, mischief or improper installation.
However, it does not appear that there was malicious intent to prevent public notification
of this application. The Applicant has been advised to re-install the signs which was
done.
FIGURE 1 FIGURE 2
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3.7 Existing Trees
Several mature trees will be removed from this site to accommodate the proposed
LCBO store. This includes trees along Darlington Boulevard and at the south end of the
property near the residential neighbours. As previously noted, a new landscape buffer
and a privacy fence will be constructed beside the residential neighbours. During the
Site Plan review process, staff will work with the Applicant to ensure that an appropriate
number and type of trees are planted in this area which meet or exceed the Municipal
Landscape Design Guidelines.
3.8 Store Size
To clarify a point that was stated by the Applicant's solicitor during the Public Meeting
on April 14th, the Bowmanville LCBO has a gross floor area of 1,316 m2 (14,167 ft2)
which is over 40% larger than the proposed Courtice LCBO which will have a gross floor
area of 929 m2 (10,000 ft2).
REPORT NO.: ADDENDUM TO PSD-021-14 PAGE 5
FIGURE 2
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Bowmanville LCBO from Green Road, viewed facing southwest.
3.9 It is Staff's opinion that the issues raised before and during the Public Meeting can be
satisfactorily addressed and/or mitigated as part of the Site Plan review process. In
order to ensure that the key site development issues are implemented prior issuing a
building permit for the construction of the LCBO store, it is recommended that a Holding
(H) Symbol be placed on the property. The conditions for lifting the Holding (H) Symbol
would be an executed site plan agreement that provides for:
a. improvements to Darlington Boulevard to prevent traffic congestion in the vicinity
of its intersection with Regional Highway 2;
b. the construction and maintenance of an inter-parcel laneway, along with the
requisite easements for the other commercial properties within the block;
C. the construction of the relocated pedestrian walkway, connecting the Foxhunt
Trail walkway to Darlington Boulevard to be completed and open to the public
prior to the removal of the existing walkway;
d. arrangements with the Municipality for the construction of a sidewalk connecting
the Foxhunt Trail walkway to Regional Highway 2;
e. -ILCBO building-elev-ations-along-Darlington_Boulevard-to-contain horizontal-and- -- _-
vertical articulation similar to the Bowmanville LCBO store; and
f. Grading, servicing and stormwater management plans satisfactory to the
Engineering Services Department.
4. CONCURRENCE
4.1 This report has been reviewed by the Director of Engineering Services, who concurs
with the recommendations.
REPORT NO.: ADDENDUM TO PSD-021-14 PAGE 6
5. CONCLUSION
5.1 Approval of the attached Zoning By-law Amendment will permit the construction of an
LCBO retail store as shown on Attachment 2. The corresponding Site Plan amendment
will improve traffic flow and parking efficiency across the subject site and the
neighbouring commercial site to the west. The resulting development will contribute to
and strengthen the position of west Courtice as an active commercial centre.
5.2 It is recommended that the proposed Zoning By-law Amendment (Attachment 3 of
Addendum Report to PSD-021-14) be approved with a Holding (H) Symbol.
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 II, Community Planning & Design Branch
Carlos Salazar, Manager, Community Planning & Design Branch
Attachments:
Attachment 1 - PSD-021-14
Attachment 2 - Site Plan showing LCBO Entrance
Attachment 3 - Zoning By-law Amendment
List of interested parties to be notified of Council’s decision:
David White, Courtyard Property Investments Inc.
Steven Zakem, Aird & Berlis
Tony Iezzi, c/o Maria Iezzi
Mark Stanisz
Jeff Goldman, Durham Custom Homes
Phyllis Milburn
Don Bergman
John Pavicic
ATTACHMENT 1
TO ADDENDUM TO PSD-021-14
REPORT
PLANNING SERVICES DEPARTMENT
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: April 14, 2014 Resolution#: By-law#:
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 a Vi'd"F Crom , 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 4th, 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 Parking
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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ZBA 2014-0005
Zoning By-law Amendment
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ATTACHMENT 3
TO ADDENDUM TO PSD-021-14
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2014-
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 2014-0005;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. "Section 20.4 SPECIAL EXCEPTIONS — SPECIAL PURPOSE COMMERCIAL
(C5) ZONE is hereby amended by adding thereto, the following new Special
Exception zone 20.4.10 as follows:
20.4.10 SPECIAL PURPOSE COMMERCIAL EXCEPTION (C5-10)ZONE
Notwithstanding Sections 3.14, 3.16 e., 3.16 i. i., 3.17 a., 19.3 f. and 19.3 j. ii.
those lands zoned C5-10 as shown on the Schedules to this By-law shall be
subject to the following uses and regulations:
a. Where a lot is divided into more than one zone the zone boundary shall
not be interpreted to be a lot line as defined herein for the purposes of
interpreting zone requirements and general provisions of this By-law.
b. Exterior Side Yard 0.3 m (minimum)
5.0 m (maximum)
C. Rear Yard 23 m (minimum)
d. A portion of the required parking for lands zoned C5-10 may be
accommodated in an abutting C1 zone.
e. No vehicular entrance shall be permitted within 7.5 metres of the side yard
lot line boundary of an abutting property in a Residential.
f. Where the interior side or rear lot line abuts a property within a Residential
Zone:
i. a planting strip adjoining such abutting lot line shall be provided with
a minimum width of 1.5 metres; and
ii. a privacy fence will be provided and designed as a solid barrier of not
less than 1.8 metres in height."
2. Schedule "4" to By-law 84-63., as amended, is hereby further amended by
changing the zone designation from:
"Special Purpose Commercial (C5) Zone" to "Special Purpose Commercial
Exception (C5-10)Zone";
"(Holding) Special Purpose Commercial ((H)C5) Zone" to "Special Purpose
Commercial Exception (C5-10)Zone"; and
"Urban Residential Type One (R1) Zone" to "Special Purpose Commercial
Exception (C5-10)Zone"
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 2014.
Adrian Foster, Mayor
Anne Greentree, Deputy Clerk
This is Schedule "A" to By-law 2014- 1
passed this day of , 2014 A.D.
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®Zoning Change From"C5"To"(H)C5-10"
®Zoning Change From"R1"To"(H)C5-10"
�— Zoning To Remain"R1"
Adrian Foster,Mayor Anne Greentree,Deputy Clerk
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