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Home My WebLink AboutPSD-092-03 ", 4 a. " L~MlJglO REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 8,2003 1::> \ 4- GPA -3d9'-O-S By-law #: Report #: PSD-092-03 File #: ZBA 2003-027 Subject: REZONING APPLICATION APPLICANT: ANOOP SARAF FOR 1529593 ONTARIO LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-092-03 be received; 2. THAT the application submitted by Anoop Saraf on behalf of 1529593 Ontario Limited be referred back to Staff for further processing and the preparation of a further report; and, 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: O~-~ Franklin Wu Chief Ad in istrative Officer vi J rome, M.C.I.P.,R.P.P. Director, Planning Services AR*CP*DC*sh August 21, 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 618 ., REPORT NO.: PSD-092-03 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: 1529593 Ontario Limited 1.2 Agent: Anoop Saraf 1.3 Rezoning: To rezone the subject lands from "General Commercial (C1) Zone" to an appropriate zone to permit a convenience store in addition to other permitted uses within a proposed commercial plaza 1.4 Location: Part Lot 9, Concession 2, former Town of Bowmanville, 100 Meams Avenue, Bowmanville 2.0 LOCATION 2.1 The subject lands are located at 100 Mearns Avenue at the northwest corner of Mearns Avenue and Concession Street East in Bowmanville (See Attachment 1). The applicant's land holdings total 7818 square metres (1.93 acres). The property is located within Part Lot 9, Concession 2, in the former Town of Bowmanville. 3.0 BACKGROUND 3.1 On June 26, 2003, Staff received a rezoning application from Anoop Saraf on behalf of 1529593 Ontario Limited to permit a convenience store, in addition to the currently permitted uses, within a proposed commercial plaza at the northwest corner of Mearns Avenue and Concession Street East in Bowmanville. 3.2 The applicant submitted a site plan application earlier in the year (SPA 2003- 001). This application has been revised recently in reaction to concerns raised by residents, but should be finalized in time for fall construction. A noise report on the rear loading area and rooftop heating, ventilation and air conditioning units has yet to be submitted. It may have implications for other aspects of the site design, specifically regarding fencing and setbacks to loading spaces and refuse enclosures. A final landscaping plan has yet to be submitted. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The properly is currently vacant and slopes gently to the north and west. An existing wooden privacy fence surrounds the site on the west and north properly lines. 619 . REPORT NO.: PSD-092-03 PAGE 3 4.2 Surrounding Uses: East: Medium Density Residential (Durham Region Non-profit Housing development) North Residential (Flaxman Avenue) West: Residential (Chance Court) South: Residential (some of which is undeveloped or under construction) 5.0 OFFICIAL PLAN POLICIES 5.1 The Clarington Official Plan designates the subject lands "Local Central Area". These areas serve as focal points of activity for residential communities serving the daily needs of the surrounding residential neighbourhoods. Permitted uses include commercial, residential, community, cultural, and institutional uses. The proposed convenience store use conforms to the Official Plan policies. 5.2 The townhouses on Chance Court represent the residential component of the "Local Central Area" in this location. The site also has a requirement for a public square. Public squares are to be designed as high quality urban environments with such amenities as appropriate paving, landscaped areas, benches, refuse containers, bicycle stands, lighting, public art and other elements that enhance the social and physical environment. The public square will be located at the south-east comer of the site. 6.0 ZONING BY-LAW CONFORMITY 6.1 The property is zoned "General Commercial (C1) Zone", which does not permit the proposed convenience store. In order to permit the proposed use, a rezoning application was submitted for consideration. 7.0 PUBLIC NOTICE AND SUBMISSION 7.1 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 properly. 7.2 As of the writing of this report, over eleven inquiries from members of the public have been received by telephone, email and at the Planning Service counter. A petition with the names of 85 adult residents and 33 children has been submitted requesting that a pedestrian walkway not be extended to the site from Chance Court. This issue was also the reason for the majority of the inquiries from the public. In summary, area residents objected to the walkway for the following reasons: . It would create unwanted pedestrian and vehicular traffic. Residents had purchased homes on a court to avoid this. 620 . REPORT NO.: PSD-092-o3 PAGE 4 . The court provides a safe play area for children, but with a walkway to the plaza, parents would have more trouble monitoring the activities of strangers as well as the childrens' movements. . Illegal parking on the court by users of the plaza could block driveways or emergency access on the court. . Damage to personal property through vandalism or home invasions could increase as a result of increased traffic and the presence of unfamiliar people. The narrow area behind the plaza building or dense landscaping on the subject site could enable people to hide and the residential area would be less safe because of the walkway. Issues raised by area residents related to the subject application for the convenience store were: . Concern over twenty-four hour operation of the convenience store. . Concern over late night or early morning delivery of goods. . Loitering. . Littering. In addition, other concerns related to the plaza development included the following: . The location of garbage storage building is immediately outside the front door of the end townhouse unit on the north side of Chance Court. The door of the dwelling faces east. . Late night or early morning hours for garbage pick-up will create noise and nuisance for the residential properties. . Vandalism or damage from skateboarding will damage the public square area. . A pub or tavern use is not appropriate for the area because of the proximity of residential properties and schools. All of the above issues and concerns are addressed in Section 9.3 of this report. 8.0 AGENCY COMMENTS 8.1 The Clarington Engineering Services Department has no objections to the application provided that the applicant enters into a site plan agreement for the . development. 8.2 The Durham Region Planning Department has advised that the application is in conformity with the Durham Region Official Plan. Municipal water supply and sanitary sewers are available to service the development, and servicing details will be addressed through the site plan application. It was suggested that if possible the buildings should be situated closer to the abutting streets to make 621 , REPORT NO.: PSD-092-o3 PAGE 5 pedestrian access more conducive for transit services and walking. This comment is addressed in Section 9.4. 9.0 COMMENTS 9.1 The subject lands have been designated for commercial development in official plan documents since 1989. The current "General Commercial (C1)" zoning was also approved in 1989. The applicant asserts that the convenience store is necessary as an anchor for the plaza and to attract other retail commercial establishments. 9.2 Prior to 1987, convenience stores were permitted uses within the "General Commercial (C1) Zone". However, concerns were raised by commercial businesses in Bowmanville's downtown about the preponderance of convenience store in main retail district. Council felt that the prevalence of convenience stores was not appropriate for the downtown retail commercial area and directed that convenience stores not be permitted in the "C1" zone. Since that time, all new convenience stores within the "General Commercial (C1) Zone" have been permitted by site specific zoning. 9.3 This section addresses the concerns raised by area residents. The proposed walkway between Chance Court and the subject property has been eliminated. It was provided for the convenience of residents on Chance Court and surrounding neighbourhood to access the proposed plaza; however, it became evident that a walkway was not supported by the residents. The existing fence will be replaced with a sturdier fence and, where appropriate following the recommendations of the forthcoming noise report, one that buffers noise. Staff has spoken with a representative of the convenience store chain regarding hours of operation. The representative said that although most stores are open twenty-four hours per day, in cases where the community objects, it is possible to close the store for the overnight period. It is not possible through the rezoning process to limit hours of operation and this change would be at the discretion of the plaza owner and convenience store operator. Similarily, delivery times and refuse pick-up schedules can not be addressed through the site plan agreement. However, staff will review this issue further with the proponent to ensure those operations are done between 7:00 a.m. and 7:00 p.m., Monday to Friday. Loitering, especially by young people and teenagers, can be of concem at commercial plazas and convenience stores. This can be inconvenient or intimidating for other users. It can also lead to littering and other maintenance problems. However, the intention of the public square is to provide meeting or gathering places for people. Benches and trash receptacles will be provided. It will be a well-lit area with visibility from both streets. It is anticipated that this 622 , REPORT NO.: PSO.Q92.Q3 PAGE 6 prominent location will discourage vandalism. Loitering around the plaza will be the owner's responsibility to address. The convenience store operator has indicated that they have their own program to clean up litter related to their operations. Garbage generated by the plaza's tenants will be stored within a fully enclosed garbage building located on the north side of the plaza building. These buildings are effective in reducing odour because refuse materials is completely contained within them. The stored material is accessed through a roll-up door by the garbage truck operators at the time that the refuse is removed. Staff have requested a noise study be undertaken to identify appropriate noise attenuation measures to limit the impact of refuse removal and loading/delivery activities on the abutting residential areas. The residents at 22 Chance Court have asked Staff to investigate the possibility of relocating the garbage building. Staff examined the options presented by the site and found that it was not possible to locate the enclosure to any other side of the building than the north side. However, it may be possible to move the garbage building towards the middle of the north wall of the proposed plaza, so that it is sited approximately 5 metres from the residential property. Staff will review this with the proponent of the plaza. A tavern is a permitted use within the "General Commercial (C1) Zone". There are no plans for an outdoor patio area at this time so such a use would be contained to the inside of one of the units. As is the case with the convenience store, hours of operation would be set by the property owner and tavern operator. 9.4 In response to the issues raised by the Region of Durham, Staff had initially also requested a more street-oriented location for the plaza building. The applicant was unable to design a cost-effective building closer to the street because of the curvature of Mearns Avenue. Further, it is the applicant's experience that street oriented buildings are more difficult to lease, because of operational problems presented by having both parking and loading areas at the rear and public entrances on two sides. Given the constraints posed by the lot, street-front orientation was not considered appropriate in this location. 10.0 CONCLUSIONS 10.1 As the purpose of this report is to satisfy the requirements of the Public Meeting under the Planning Act, and taking into consideration all of the comments received, it is respectfully recommended that this report be referred back to Staff for further processing and the preparation of a subsequent report. 623 , REPORT NO.: PSO.Q92-03 PAGE 7 Attachments: Attachment 1 - Key Map Attachment 2 - Letter from Rosemarie Ratchford with petition Interested parties to be notified of Council's decision: Anoop Saraf 1529593 Ontario Limited 8 Magistrate Court Richmond Hill, Ontario L4C OH3 Milan Shah Mirage Steel Limited 23 Automatic Road Brampton, Ontario L6S 4K6 Sandra and Wayne Murray 22 Chance Court Bowmanville, Ontario L 1 C 4S4 Rosemarie Ratchford 14 Chance Court Bowmanville, Ontario L 1 C 4S4 Brian Williams 83 Concession Street East Bowmanville, Ontario L 1 C 3K5 62 ,~ ATTACHMENT 1 LOT 9 . CONCESSION 2 ,~. '......"...1" ! RESID~NTIAL I R3 Iii ,I ". -~-~ -- - ~L' ._0. ~ - ~ -- ~ --..... J 1"0; , .' . t ' ,,~!.<(~ '" II':W" +=~ r-!=';;;,,-- ~j--' -- , J r";i.;=f"-- ~. a'/\~ -, RESIDENTIAL R3 , =~: In__J PROPOSED 1 STOREY AErAlL/ COWEOClAl. BUI..DlNO 1139,0 sq. M -~ \ CHANCE I! COURT I l ~. [!] :''''''''' 807,C ,~ " RESIDENTIAL R3 " ~ ". ::.:i~, '. ". L':: CONCESSION STREET ~~r- U1 ~ I (f) o <( Z 0:: Z ill <( '" TUCKER RD ;LA.NVI LE :RES,! HERRIMAN ST i TRUDEAUI 8D CRESI ORR DRIVE , .,.... .. . -:..-:--- o ~@ 1 I I , ~I " <<! 1- ",.~ I ":~:' I I +. ~l~i , , j , II If! II , . j Yi/ I il I /, II " II 'I I EAST ZBA 2003-027 Zoning By-law Amendment Owner: Anoop Saraf I Milan Shah 1529593 Ontario Limited 625 July 20, 2003 ATTACHMENT 2 ~1ECCI~\Vlt:l I ,iUL 2 1 L'nn3 , Carlo Pellarin Director of Planning MUi\m::':''.0JJ 1 Y OF- CU-dilt~GTON PLAf~f'Jif~C iJEPAHTlVI[!~l Dear Carlo: On behalf of the residents of Chance Court, Kershaw Street and Flaxman Street, I would like to address a few areas of concern; the access from the plaza on the corner of Mearns and Concession and the location of the enclosed garbage disposal building. As many of us are, we are the original homeowners. We purchased our homes because a 'court' is a safer environment for our children to grow up in - especially 'play safely'. Over the years, residents have called the townspeople to make sure that there will never be an access to the court. It was always stated that this would never happen. The street has allowed many children (see attached Children's Petition), to have a safe play environment where both parents and children feel at ease. This has allowed for better traffic control on Kershaw as well. An access would only allow for more traffic, by foot or by car, to interrupt this wonderful area. Children play hockey, basketball, tennis and roller blade, skip, ride bikes and play with road chalk,. What a fabulous sight to see. Parents allow themselves to have a social at the same time. We have become a community of our own. If we wanted a higher traffic area, then we would have selected homes on those busy streets in other parts of Bowmanville! We have seen what a plaza location can do to a neighbourhood. It brings people together as a meeting place, which'increases the amount of garbage and broken glass around the building and parking lot, the noise level increases and sometimes violence occurs. People hide behind buildings to participate in 'other activities', which leads to an entire new set of problems. We are proud homeowners who want to keep our great statistical record as such. We do not want B&E's to occur along with damage to our property. But most of all, our precious children do not need to be lured into this environment Another concern is the location of the building for the garbage disposal. The homes at the end of our townhouses on Chance court face the proposed plaza. It is difficult enough to face two buildings, plus the garbage disposal building! We realized that it is necessary to have one, but not outside a person's front door. It will be noisy from the weekly pick-ups plus the stench that will remain from all the garbage that is left behind, We've all experienced this from our employment s~uations. Please reconsider this from a humane perspective rather than solely the appearance of a plaza. The people of this community would truly appreciate this. Please take our concerns into serious consideration, even stop by and visit us. We want to keep our community safe and appealing and look forward to your support Sincerely, f?O-JUm~ ~ Rosemarie Ratchford Chance Court Spokesperson Cc: Town Clerk Mayor Mutton 626 , Name ""M rv;'L' F j.. ( RdhZ !J1"'''A..'~ , ~n-rT /LF~~ 4n'j ru C-., ",,-d BVI ~~.t t l' tv{ \l.;;-J',~ ~~~~r;/Yo- ,", " .)(,1 s[u", 0 .,- (, "'.N'", if ( IMp ;-1 cjtJ!el he ,Iff Ha/.J If<! _ S,f : IL\,.,IJ/ thJr::.~ QlLbletl A (\N'~- C'(J. r'{:D \.t (;re< CJ ell ,?':J7j .CWv.:JIU. , ~i~ (J('OUJ,?"\ _ C\--..'r1"::> ~7Cl.,;JI' ":5Fff" ~0(Jy.~~ ~f,~"A.y y.... -:<1~A;:" .....,- , ~-J! f-?I-{fZ l ''"\.. \Z p or-J PETITION Re: Chance Court. Bowmanville Ontario Strio Mall Site - Comer of Mearns & Concession Julv 21 2003 The following residence listed below are opposed to any kind of Path, Walkway, or any other kind of opening that would provide access to the Strip Mall from Chance Court We would like Chance Court to remain the same as it is and not become a throughway for pedestrians and traffic. Address Phone # Signature c(P5 .24 3'1 K €... r Cj h Q... ......~ GCJ7-/"i;l1 h-, ~oS('<;'7o"i;8---fl' ' L ~ l ( f::o " '~c, l::&.c"-1 )L I' , , 2L ~,.;;lIQ"-' <St. j:>'H- g, z,-! J.2 k::.ersha..0C) (cHI C3c& -;),~tUxs:~ 69//95/ 021 bJ~""'-U J/ (; ~ )-/9 s) - _...LLkefsfvd ~f:" (/77- .;)/'55 -11 k,shcnJ,s+- b77-d18S .-1-l'd"",,"sh ~w ,sf Gi.3 '-'26 5 0 t"~- ~k~5./.o~ Sf-- qOS-h23-Zb3o -('~ik,w~_ \ \<0-sbA\i.> :), gO(?f(7.q.)'3~ /0l-- U g ~r5L~ 4 '7<7') 6e,1) e;~fL~4~1J ~ /Er5HAW5~ 505 697n6~_ \A'S< c:~[~ _~e~..<.;+ _ i10::~ 1c'i7P.ffi'6 _ 1(:) Vd~,_:STl -(/1/,,:'), C. .~; c"----'" . -\\:-\, ~~~...:lSI_ C\LC:;;-(aC;~~ ~J-{~~ \\....\ l?.C~"'::;'~-~~~~ 1<( Vf.(!sm-:Ju) ,>t (it/:/ 1/;)'3<"3'-/' . '.J.JJ. 'f~ -- ( - 21 t;~T<.c.-'.,lkt>.(.A..J'lr. qoS-677-gPt . 1 , 9) !fASG""".sr ~s ;,<13 I~I'" ~ td;;:fi -'J-3K~(,Jf 1Cf;Cf7-Jfj. ?JJt1J~ 627 , . PKlTnON Re: Chance Court Bowmanville Ontario Strio Mall Site - Comer of Meams & Concession Julv 21. 2003 The following residence listed below are opposed to any kind of Path, Walkway, or any other kind of opening that would provide access to the Strip Mall from Chance Court. We would like Chance Court to remain the same as it is and not become a throughway for pedestrians and traffic. Name Address Phone # Signature II !\_ \ , '. , 628 ~ PEnnON Re: Chance Court Bowmanville Ontario Strio Mall Site. Comer of Mearns & Concession Julv 21. 2DD3 The following residence listed below are opposed to any kind of Path, Walkway, 0' any other kind of opening that would provide access to the Strip Mall from Chance Court. We would like Chance Court to remain the same as it is and not become a throughway for pedestrians and traffic. Name Address Phone # Signature 11 Qhlui/} fttj L:)\.1La,c.c/11aA1 J!hY.' 11.7::;& 173 J oS 7 V DbL((f?w Jld~- il J__ -f / , _-'-- _~ r ( r D.o!Je ;:)7 pill-. ''0M';~ _'165.-=:. ('/17 ~ 37/.2 Qq f,fh P(jflU/d.. - - - Ii'- -fa 3r; PIcV,/l}J/7 CJ-l:fj7-9fi30 r:f.~iAJJ("f': ~, ~\<>-'~~-<:L ~2-~-Q~ft ~) FVWUfuO (&~<,-(ryn { )( irt. ~At? /t:!l /(;[1-'(41.1,..; Au!' <Jor'C'iI?92L -::5Qn-) 1d1J;I2:L- J!ffilum/ul.4ue ~-L:{n-fJl/~ s1evfVI. v.l'J.4;f.f! 10' ~,f&4{C{. (\ ~ 1rK' {F(f I 5r~'f6/P/-cJ- (l/~4Yft1 '1104vr(O.l,-6.<3~{06'f L./tuM f1?J/t~ _ \ I . '~JkJ'(""'J ?L( /!vSH:.,...;.... /-oK:J . /11tNdJf 3i ,;;gr:Jvi'{! 7- . )" r,.f"1.nt<.J II 629 , Name l{,W\ PrhM....r /.1Ai'A/4 /P.A.,,-;:Jd~7.? I'wlll<t:. LOGAN -:::~(c::l 1'1\\.,Ll....~ Wo..yr,,,- r'\ ,-("('c., t--I;;:+,-v Ie( T' \ )Li4--- S"AN I""r t,cy ..')~ H ( E:'uo'-1. ,~>>12LL6'i<E Ju;;,,,bLL.t<.E ~.- 5re. e. Ii;;.", d... k , 1("../ AlldvuJ :J~.', ~l) ~(t;{I~ t:~lLfJirf(1 Hf1i~D_ ':bill( ~i<:A,kr"'_ lO\":\-~ fu"\it1.~ ...:W 4A'''^," /1e.tVj)t3RSo# J3t.pndCl POMYS _ /) . rJ" ,...:... d /7 '- ""f rV/J'IJ"r, ~~ D:n~~_ JIe-\er.. ~werL ...., /) fJ'1(' J,o r,. , ---+-+ , - ~ (j,;pi<f;8 ~ PKi'fllON Re: Chance Court Bowmanville Ontario Strio Mall Site - Comer of Mearns & Concession Julv 21 2003 The following,residence listed below are opposed to any kind of Path, Walkway, or any other kind of opening that would provide access to the Strip Mall from Chance Court We would like Chance Court to remain the same as it is and not become a throughway for pedestrians and traffic. -1%' 2t~; ~fl7J;-~;;;;Z -~ Cnf. _bJ.3-ME /1 {' f..",u (lrt ---113 -(141'/ 8' C\"ili\ce (I,t (pX>-ltl(c~ c, fr/,qA/CE (l~T 0/13-0l41"7 Q ~ :?;. t,23 -'ft2.~ '4- C-honc e..c.+- ioQ+-/':f135 7 C~l""\.c.E'. cd. bq7~I7"8:S - ) (l.,,,,.,,( (.,.r G"1fi.~1 Address .10 C\-\c.nc<? C,f-4 __ o:z.a> r~.NeE ,..A'/ _ ''3 C\\QnL~ C\+ '1-':2.- CJ..~cA 2..1. C ~a." <."- c:.~ .J.."1. C h.'N fo G.L_ I ') CHt1 NCL~ Cf'7 1'2... C-4ANCE:L.e.~ 9 (h-lI1~"i- CJ:~;- _.~l eh ~ J"/ (' t!, C r f . .,j "\ C. hclV1,i'. L r -t ' Phone # ~7-"]1C,'" {;97-';;'I5 , ~3-D~43 bct1 - I q '5'1 -- ""I1.1<f{"1- ~ 697 - 35(> I b'H - 3'So( _Cztl~ ~ ,.-c.S: (' '17 - ti"<''t Fj 7 ':SYtJ'S 630 Signature iaA. . /~I '. Name PKITlI0N Re: Chance Court. Bowmanville. Ontario StriP Mall Site - Comer of Mearns & Concession Julv 21 2003 The following residence listed below are opposed to any kind of Path, Walkw'ay, or any other kind of opening that would provide access to the Strip Mall from Chance CQurt, We would like Chance Court to remain the same as it is and not become a throughway for pedestrians and traffic, Address Phone # Signature (p(9ll CORpl}) H-cle 1'1 wes-fley DC\\J,d Wes+Je\f I ~(!" c ivI15j)", C-+'R..o i.Aj II !> iJ... .} CtlmJCt u-L ~ ~f! . II CMblCE ~ j,?l"JJ5'/;f)J1l!~ lWAIIICE elL! (~o/7-:J.154 IJaAjJ ~ I ~ C/-I4/ojrr (',tl _J",rn- oJ./. I _~~~,~ Z I\" C!/-lA""-,, ('fl-? &'17 - vIII -A.4.2/.~. -- --- --.'-----"-- -~'---'-'- ------ ---...---- ."-- -----,-- -'--~_.- 631 Kl<is I ~ d- , PKITllON Re: Chance Court Bowmanville Ontario StriP Mall Site - Comer of Mearns & Concession Julv 21 2003 The following residence listed below are opposed to any kind of Path, Walkway, or any other kind of opening that would provide access to the Strip Mall from Chance Court. We would like Chance Court to remain the same as it is and not become a throughway for pedestrians and traffic. Name Address Phone # Signature _ A ~e q o~ rn eh d I j~,Q.. \1 y\ ;2. '-I r:..... " J, <, ~ (.. 'i t - J 9 J 7 II) If'? J (}C~ n J '.c~""'/i'/ f},o/>,,-'J .24 ke_~'.Y'-'-'_ - 6<;7 - /"'1 7"7 ;.. l..JI ./(./",,//n(/ B ';b. K'"jc<r> />7.....~ p^l .2'-:z. )(....,,'c),<<""-'- b<?7 -IJD& R.iJ'."I1.,'y/;..cY /I}, )< c"~ I... j .. fh.,.. .f {'hI ~ 2.. k e.' >; J,.~ --.t.:n~.,.Li'09-,. qt;. 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