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Home My WebLink AboutPSD-110-03 "'.Ii, ;j.-S Cl~hJgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Gf>l>.- '3;~ - 0 3 Date: Monday, September 22,2003 "bN", ?8!'t.~=:..oa'g, Report #: PSD-110-03 File #: ZBA 2003-028 By-Iaw#: .;)003~/cf3 Subject: REZONING APPLICATION FOR CONVENIENCE STORE USE CLARET INVESTMENTS LIMITED & 1351730 ONTARIO LIMITED Northeast Corner of Trulls Road and Nash Road, Courtice RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-110-03 be received; 2. THAT the application submitted by Rick Gay on behalf of Claret Investments Limited and 1351730 Ontario Limited to permit a convenience store in addition to other permitted non-residential uses be APPROVED and that the attached By- law contained in Attachment 2 be passed; 3. THAT a copy of Report PSD-110-03 and Council's decision be forwarded to the Regional Municipality of Durham; and, 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: ' Q).. 0" () () -.:., J). ~ Reviewed b A(?'~ ..u....J k, .. Franklin Wu Chief Administrative Officer RH*CP*DC*sn September 15, 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830 678 ~ '^' 1'- _~i REPORT NO.: PSD-110..o3 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 (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. 3.2 The applicant submitted a site plan application in 1994 and is the process of finalizing the development plans. Concerns voiced by area residents can be addressed through this approval process. 3.3 A meeting was held on September 8, 2003 to obtain public input on the application. No member of the public spoke in objection to the proposal. The potential convenience store tenant spoke in favour of the application. 3.4 Staff received ~ number of inquiries on the application, through which the following concerns were raised: . 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. 679 , . , REPORT NO.: PSD.110-D3 PAGE 3 . 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. 3.5 An area resident called to express their support of the application and the retail plaza, citing that the facility is needed. In addition, they believe the police are available to deal with loitering issues. These issues are addressed in Section 8.3 of this report. 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. 4.2 Surrounding Uses: East: Urban residential North: Urban residential and stormwater management facility West: Urban residential South: Medium density urban residential 5.0 OFFICIAL PLAN POLICIES 5.1 The Durham Regional Official Plan designates the property "Living Area". Regional Plan policies permit the designation of "Local Central Areas" in the local official plan. These areas permit a mixture of commercial, residential, community, cultural, and institutional uses. Since the subject lands are appropriately designated as "Local Central Area" in the Clarington Official Plan, the proposed use conforms to the Regional Official Plan. 5.2 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 Clarington Official Plan. 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. 680 c ';_ REPORT NO.: PSD.110-03 PAGE 4 7.0 AGENCY COMMENTS 7.1 The Clarington Engineering Services Department has no objections to the application provided that the applicant enters into a site plan agreement for the development. 7.2 Although Durham Regional Planning Department has indicated that the proposal conforms to the Regional Official Plan, the Durham Regional Public Works Department has indicated that the site access on Trulls Road does not conform to the minimum 80 metre site access spacing criteria for Type "B" Arterial roads. Site access provisions may be varied provided that a transportation study provides the proper justification for a lowered standard. 7.3 The Durham Regional Police have reviewed the site plan from a Crime Prevention Through Environmental Design (CPTED) perspective and have no comments on the proposal at this time. 8.0 COMMENTS 8.1 Convenience stores were removed from the "General Commercial (C1)" zone in 1987 upon the direction of Council to deal specifically with an increase in 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. 8.2 Between 1985 and 1997, the subject lands were zoned "Neighbourhood Commercial C2", which permits convenience stores. When the lands were rezoned to the "General Commercial (C1)" zone in 1997, to allow a larger commercial development in accordance with the Official Plan, the convenience commercial use was not specifically included. 8.3 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. In consideration of the Official Plan policies and the fact 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. 681 ... ....., , ~. REPORT NO.: PSD-110-03 PAGE 5 · 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 turning movements from the plaza are not offset from turning movements from Parkwood Village. 8.4 One of the objectives of the Official Plan is to provide commercial services for residential neighbourhoods in a manner that encourages easy access and potential to walk to these destinations. It is staff's view that the convenience store use is appropriate and desirable in 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. 8.5 Although Durham Regional Public Works Department has requested additional information to support the entrance location on Trulls Road, this matter will be dealt with through consideration of the site plan. It is not an issue relative to the rezoning application. 9.0 CONCLUSIONS 9.1 The application has been reviewed in consideration of comments received from circulated agencies, the Clarington Official Plan, and Zoning By-law. In consideration of the comments contained in this report, staff respectfully recommend that the rezoning application for the proposed use be APPROVED and that Council pass the By-law contained in Attachment 2. Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Zoning By-law 682 ~ ~..::, , -'" , REPORT NO.: PSD.110-o3 PAGE 6 Interested parties to be notified of Council's decision: Rick Gay Claret Investments Limited and 1351730 Ontario Limited 4182 Liberty Street North BOW MANVILLE, 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 Apolonia Popadiuk 1651 Nash Road Unit 6 COURTICE, Ontario L 1 E 1 sa Robert Humble C6- 1655 Nash Road COURTICE, Ontario L 1 E 1 S8 683 " ATTACHMHH 1 il . ! " I __ 1// I .;1 I! lJ]l --Ji --J' :::J o::t: !- ~ ~~ i , I I ~I , I ?A T .~~ , '",. ,i . - i --- ..r ---------- ~,:, 'm,,'::';:: NASH " ~ F?OAD / " o ~ I~ Courtlce Key Map ~ ~ " ~ ZBA 2003-028 Zoning By-law Amendment { , I Owner: Claret Investments Ltd.l 1351730 Ontario Ltd. lI'ESfl.IORE ST. I :;:; NASH Ro.o.o I r-tJJ1;:J ;>" ~ES 6. () " (n I.i~__ ~ I II i; ~ ,I lcJ ,'.-- "- 1 i o:r: , ~ o IJ1 a --J Lu It. 1: () 0::: , ~ BLOCK 74- ...- ----... - -~ ".., t' , THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003- ATTACHMENT 2 being a By~Law to amend By~Law 84-63, the Comprehensive Zoning By-Law for the Corporation of the Municipality of Clarington 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 former Town of Newcastle in accordance with applications ZBA 2003-028 to permit a convenience store in addition to other permitted non-residential uses; NOW THEREFORE BE IT RESOLVED THAT the Cruncil of the Corporation of the Municipality of Clarington enacts as follows; 1. Section 16.5 "SPECIAL EXCEPTIONS- GENERAL COMMERCIAL (C1) lONE" Is hereby amended by introducing a new subsection 16.5.29 as follows: "16,5,29 GENERAL COMMERCIAL EXCEPTION (C1-29) ZONE Notwlthstandln9 Section 16.1, those fands zoned C1-29 on the Schedules to this By-law may also be used for a convenience store." 2. Schedule "4" to By-Law 84-63, as amended, is hereby further amended by changing the zone designation from: "General Commercial (C1) Zone" to "General ComiTlercial Exception (C"1-29) Zone" as shown 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 pa$ing hereof, subject to the provisions of Section 34 of the PlannlngA.ct, R.S.O. 1990. BY-LAW read a first time this day of 2003 BY-LAW read a second time this day of 2003 BY -LAW read a third time and finally passed this day of 2003 John Mutton, Mayor Patti L, Barrie. Municipal Clerk 685 i ; ; -.'...,. .". This is Schedule "A" to By-law 2003- passed this day of .2003 A.D. , Lot 30, Concession 3 N70'20"30"E 87.40 W ~ 0::: L{) N <C 0 N CD ::> ~ ,.... <C N ,.... a 0 ,.... CI) 0::: :i: ~ 0 CI) . 0 --l 0 --l I"'l L{) W --l -.., ':q- LL ::> ~ 0 0::: 00 00 :I: I- ~ ~ (,) z z 0::: 1-6' "0 <:>~ I), '0 d' .,,<:> 0,9. "17 N72'26'40"E 74,442 1\' " 00 (\" ~ NASH ROAD ~..... E222 Zoning Change From "C1" To "C1-29" John Mutton, Mayor Patti L. Barrie, Municipal Clerk F1RWOOO PARKUTE Subject Site I ~~W is ~ 2 NASH ROAD COURTJCE NORTH PUBLIC ELEMENTARY SCHOOl J Courtlce 686