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Home My WebLink AboutPSD-093-03 . I . Cl!Jl-!Qgron REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 8, 2003 n\~ CPA - 330-03 By-law #: Report #: PSD-093-03 File #: ZBA 2003-028 Subject: REZONING APPLICATION APPLICANT: CLARET INVESTMENTS LIMITED & 1351730 ONTARIO LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-093-03 be received; 2. THAT the application submitted by Rick Gay on behalf of Claret Investments Limited and 1351730 Ontario Limited be referred back to Staff for further processing and the preparation of a further report following the receipt of all outstanding agency comments; and, 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision, Submitted by: D id rome, M.C.I.P.,R.P.P. Director, Planning Services Reviewed byQ ~ --.:.:::, ~ _ Franklin Wu Chief Administrative Officer RH*DC*cc 21 August 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 634 , REPORT NO.: PSD-093.03 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Claret Investments Limited and 1351730 Ontario Limited 1.2 Agent: Rick Gay 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 30, Concession 3, former Township of Darlington, 1656 Nash Road, Courtice 2,0 LOCATION 2,1 The subject lands are located in Courtice at 1656 Nash Road at the northeast corner of Trulls Road and Nash Road in Courtice (See Attachment 1). The applicant's land holdings total 0.70 hectares (1.73 acres). The property is located within Part Lot 30, Concession 3, in the former Township of Darlington. 3.0 BACKGROUND 3.1 On July 8, 2003, Staff received a rezoning application from Rick Gay on behalf of Claret Investments Limited and 1351730 Ontario Limited to permit a convenience store, in addition to other permitted uses, within a proposed commercial plaza at the northeast corner of Trulls Road and Nash Road in Courtice. f} 3.2 Claret Investments Ltd. submitted a site plan application in 1994, Due to market conditions, the applicant was inactive for a number of years, A revised site plan was submitted in October, 2002. The applicant is in the process of finalizing the development plans, 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The property is currently vacant and generally flat with some minor sloping towards the intersection of Trulls Road and Nash Road. The northern portion of the site paved as an overland flow route, 4.2 Surrounding Uses: East: Urban residential North: Urban residential and stormwater management facility West: Urban residential South: Medium density urban residential 635 , REPORT NO.: PSD.Q93.Q3 PAGE 3 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 use conforms to the Official Plan policies. 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 additional 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 three public meeting notice signs were installed on the property, 7.2 As of the writing of this report, two inquiries have been received, Area residents raised the following concerns. . There are numerous convenience stores along Highway 2 in Courtice, They should not be allowed to intrude into residential neighbourhoods. . Convenience stores create hangouts for young children and teenagers, As an adult, it is often difficult to enter a convenience store because they are crowded with children. With the proximity of two schools along Nash Road, the convenience store should not be permitted, . Garbage from these stores usually litters the area. . The presence of the proposed plaza, as well as the convenience store, will increase traffic levels both on Nash Road as well as the sidewalks, making it difficult for senior citizens from Parkwood Village to negotiate through traffic. These issues 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 Comments have not been received from the Durham Region Planning Department to date. 9.0 COMMENTS 9.1 Convenience stores were removed from the "General Commercial (C1) Zone" in 1987 upon the direction of Council to deal speCifically with an increase in 636 , . REPORT NO,: PSD.Q93.Q3 PAGE 4 convenience stores in downtown Bowmanville. Council felt that the prevalence of convenience stores was not compatible with downtown retail commercial area, Since that time, all new convenience stores within "General Commercial (C1) Zone" have been permitted by site specific zoning. 9.2 Between 1985 and 1997, the subject lands were zoned Neighbourhood Commercial (H)C2, The C2 zone permits convenience commercial stores, When the lands were rezoned in 1997 to the General Commercial (C1) zone to allow a larger commercial development in accordance with the Official Plan, the convenience commercial use was not included. 9.3 This section addresses the concerns raised by area residents. . There are five convenience stores at various locations along Highway 2 in Courtice. The Zoning By-law defines convenience stores as a "commercial establishment that supplies groceries or other daily household conveniences to the residents in the immediately surrounding area". The policies for the subject lands are designed to provide a limited scale of retail development serving the surrounding neighbourhood. A convenience store use is the type of use that should be allowed in this location. Furthermore, considering that the previous zoning permitted the use, a convenience store would be an appropriate use in this location. . One of the functions of Central Areas is to serve as meeting or gathering places for people, The proposed plaza will have some planter areas with benches. Loitering within the plaza will be the owner's responsibility, It is in the owner's interest to ensure that all people patronize their facility. . Discussions with the convenience store operator indicate that they have their own program to clean up litter related to their operations in the area, Garbage receptacles will be required to ensure that litter does not become pervasive. Garbage generated by the plaza's tenants will be stored internally, either within the building or within a fully enclosed garbage enclosure. . The proposed plaza will generate additional vehicular traffic on roads, The current road is designed to accommodate the additional traffic volumes. Area sidewalks have been constructed to promote walking to a destination as an alternative to driving. · The plaza's entrance on Nash Road will be aligned with the access to Parkwood Village residences on the south side. This will ensure that tuming movements from the plaza are not offset from turning movements from Parkwood Village. 9.4 One of the objectives of the Official Plan is to provide commercial services for residential neighbourhoods in a way that encourages easy access and potential to walk to these establishments, It is staffs view that the convenience store use is appropriate and desirable for this location. The principle of allowing commercial development in this location was approved in 1985 and further expanded by the Official Plan amendment, approved in 1987, that established a Local Central Area. 637 , , REPORT NO.: PSD.Q93.Q3 PAGE 5 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. Attachments: Attachment 1 - Site Plan Interested parties to be notified of Council's decision: Rick Gay Claret Investments Limited and 1351730 Ontario Limited 4182 Liberty Street North Bowmanville, Ontario L 1 C 3K6 Gerry Vandersanten 1661 Nash Road Box 134 Courtice, Ontario L 1 E 1 S8 David and Barbara Sharp 14 Longwood Court Courtice, Ontario L 1 E 1 R8 638 ~ OCt: ! 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'I i I : I j !. @!@!@!@!@I@I@!@i@' ~ .~~ , '''-.. ---=~ - - ______ Fe : ~ NASH ....:: .4- ROAD /' Courtlce Key Map ~ ~ " ~ ~ ~ . - ...-,- -~ i ZBA 2003-028 Zoning By-law Amendment ~ \ , ) / k I u Vl NASH ROAD I~,..~ES. Owner: Claret Investments Ltd.1 1351730 Ontario Ltd. 639