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HomeMy WebLinkAboutPD-052-01 \ '. "-,I.. DN: P052-01 !....- . THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON REPORT Report #: PD-052-01 PILE #: ZBA 99-036 and SPA 99-046 Pile ~])JrfZ64-q9-() ~. Res.If6/J9-,3g.() / By-law # !J./)J/-Of! Meeting: General Purpose and Administration Committee Date: Tuesday, May 22, 2001 Subject: REZONING APPLICATION APPLICANT: CLINIC BUlLIDNGS (1979) LIMITED PART LOT 34, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON HIGHWAY 2 AND V ARCOE ROAD, COURTICE FILE NOS.: ZBA 99-036 AND SPA 99-046 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-052-01 be received; 2. THAT the rezoning application ZBA 99-036 to amend Zoning By-law 84-63, as submitted on behalf of Clinic Buildings (1979) Limited, to permit the severance of the senior citizens apartment building from the medical/dental clinic be APPROVED as shown on Attachment 3 and that the appropriate by-law be passed; 3. THAT the Region of Durham Planning Department be forwarded a copy of this report; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION 1.1 Applicant: Clinic Buildings (1979) Limited 1.2 Agent: D.G .Biddle & Associates Limited 1.3 Rezoning: To rezone the subject lands from "General Commercial Exception (CI-Il) Zone" to permit the severance of the senior citizens apartment building from the medical/dental clinic. 620 , ,* REPORT NO.: PD-052-01 PAGE 2 1.4 Site Area: 1.6 hectares (4.0 acres) 2. LOCATION 2.1 The subject lands are located on the northeast corner of Highway 2 and Varcoe Road in Courtice (see Attachment I). The applicant's 1.6 hectare (4.0 ac) land holdings are located within Part Lot 34, Concession 2, in the former Township of Darlington at 1450/1460 Highway 2. 3. BACKGROUND 3.1 On October 19, 1999, Barry Walters, on behalf of Clinic Buildings (1979) Limited, submitted rezoning and site plan applications to the Municipality of Clarington. The applicant proposes to sever the senior citizens apartment building from medical/dental clinic and retail commercial uses. The regulations in the existing zone must be amended to facilitate the severance. The application does not contemplate additional development on the property. 3.2 The existing development was approved by the Planning Department on July 21, 1998. It consists of a 30,000 ff medical and dental clinic, 10,000 ft' of retail commercial floor space, and a senior citizens apartment building with 115 units. The development has been entirely completed. 3.3 A statutory Public Meeting was held on December 6, 1999. No members of the public attended either in support of or in opposition to the application. 4. SITE CHARACTERISTICS AND SURROUNDING USES. 4.1 The medical/dental clinic and retail building is located at the intersection ofVarcoe Road and Highway 2. The senior citizens apartment building has been developed towards the northeast corner of the site. Parking has been provided between the buildings. The eastern portion of the property contains a landscaped area for resident senior citizens. The site slopes gently in a southeast manner towards Highway 2. 621 .' REPORT NO.: PD-052-01 PAGE 3 4.2 Surrounding Areas: East North - West - South - Urban residential Urban residential Automotive repair facility Gas station and vacant lands 5. OFFICIAL PLAN POLICIES 5.1 Durham ReJdonal Official Plan The lands are designated "Sub-Central Area" within the Durham Region Official Plan. Mixed use developments are permitted within this designation. The application conforms to the policies of the Plan. 5.2 Clarinf<ton Official Plan Within the Courtice Sub-Central Area Secondary Plan, the lands are designated "Mixed Use Area", which permits the present development. A severance would have no visible impact on the development. Other than creating properties under separate ownership, the buildings will continue to function as one entity. The proposal conforms to the policies of the Plan. 6. ZONING BY-LAW 6.1 The subject lands are currently zoned "General Commercial Exception (CI-II) Zone", which permits the current development on the property. A rezoning application is required to amend the technical regulations to facilitate the severance. The amendment would address such matters as separating permitted uses, lot area and frontage, site coverage, development setbacks, open space requirements, and parking. 7. AGENCY COMENTS 7.1 Central Lake Ontario Conservation has no objections to the proposal. 622 REPORT NO.: PD-052-01 PAGE 4 7.2 The Fire Department has no objections to the application provided that no barriers to access are erected along the common property and fire routes are properly maintained. Staff would note, none are proposed. 7.3 The Clarington Public Works Department has no objections to the proposal provided that the following conditions are fulfilled. . No changes to the existing entrances, internal driveway connections, and drainage patterns are permitted. . All parking spaces must continue to be available to users of both buildings. 7.4 The Clarington Building Division had previously requested that the applicant provide separate internal water and fire connections to Varcoe Road. Additional discussions will now require the applicant to alter the on-site domestic water, fire line, and backflow prevention systems so that each building has outdoor access to these services. Reciprocal easements for access and maintenance purposes must be registered on title where underground services to either building cross property lines. The storm sewer and underground storm sewer storage tank system ultimately drain and exit the site at the southeast corner of the development. Reciprocal easements for access and maintenance purposes must be registered on title where these underground services cross property lines. 7.5 The Durham Region Public Works Department initially raised objections to the severance proposal because their policy requires separate water and sanitary sewer connections for each property. Further discussions have indicated that the applicant will be required to register a complex set of reciprocal easements for access and maintenance purposes on title where these underground services cross property lines. The Durham Regional Public Works Department will also be granted access over both properties as required. 623 REPORT NO.: PD-052-01 PAGE 5 8. COMMENTS 8.1 The purpose of these applications is to permit the severance of the property. The proposed zoning by-law will not permit additional development beyond what has presently been developed. Although the proposed zoning is required to permit severance of the property, the dual zoning can remain on the property if the applicant is unable or decides not to proceed with the severance ofthe property. Each portion of the site would then be subject to the separate zone provisions. 8.2 The applicant has met with both the Clarington Building Division and the Durham Region Public Works Department to demonstrate that the existing servicing system can be modified to satisfy the requirements of both agencies. This would include the installation of additional water and fire line shut-off valves, small sections of dedicated water and fire lines, and additional backflow prevention devices. Reciprocal easements for access must also be registered on title ofthe new properties to the satisfaction of both commenting agencies. 8.3 The applicant has submitted an application to sever the property and create all reciprocal easements as required by the commenting agencies. All necessary works must be approved and constructed. All required easements must be approved registered on title. These requirements will be incorporated into the site plan agreements for each property. The Municipality will only clear the severance once all agencies are satisfied. 8.4 Clauses will be placed in the site plan agreement that preclude the owners of both properties from erecting barriers along their common property. This is essential in allowing the severed properties to meet the provisions of the Ontario Building Code and Fire Code as well as permitting emergency service vehicles to cross the common property boundary. Entrance and parking on the site will also be required for common use. This will ensure that the site continues to function as one entity. 624 ;. REPORT NO.: PD-052-01 PAGE 6 9. CONCLUSIONS 9.1 Based on the comments contained in this report, it is respectfully recommended that the by-law provided in Attachment 3 to permit the severance ofthe senior citizens apartment building from the medical/dental clinic be APPROVED. Respectfull submitted, Reviewed by, u~~ David 1. ome, M.C.I.P., R.P.P. Director of Planning & Development RH*LT*DC*df Franklin Wu, M.C.I.P., RP.P. Chief Administrative Officer. 10 May 2001 Attachment 1 - Key Map Attachment 2- Site Plan Attachment 3 - Zoning By-law Amendment Interested parties to be notified of Council and Committee's decision: Harry Horricks Clinic Buildings (1979) Ltd. 117 King Street East OSHA W A, Ontario LlH IB9 Devon Biddle D.G. Biddle & Associates Ltd. 96 King Street East OSHA W A, Ontario LlH IB6 Barry Walters 218 Centre Street North P.O. Box 2307 OSHA W A, Ontario LlH 7V5 625 ATTACHMENT 1 . z 1M SUBJECT SITE LOT 35 LOT 34 \11111 i 1/ - ;::: . Cl 0::: ROAD ~ 1 - 'III I --i I~I~ - /~= =t "'" - C- o ~ ~ N ct Z '- 0 (/) (/) W U Z o U - u ~ J III fliT \\{ IVC ~ I ~, ~ (~(\ '\\ f I- /e.- L- I-J- _ c-J- _e- 1 -- _,f- ,==L '--- r-~ iT\' COURTICE KEY MAP ZBA 99-036 SPA 99-046 I 626 Ii ; u ~ 9 - iI , ~ e ; ~ l . ~ , , ~e I ----t J ~ -, ~ ,~ II , ~\ 11 tl I " i ~ -\ ~~ ~ ~ I . \ , ~ , ! . E I : . . , I ell g I "'- I f~ ATTACHMENT 2 P I ,; I ;1 J_ ~~ -i . . " '.. , Ii iE "J w ~ ~n!! w ;jj ~ g' ~I ~.; ~ c i .- ' -I. n @ 91- .. ~ :,- '" ~: :1 ~ ~ l;I;;'i !: ~ ;; .- u i: 11 II " II · II I _j , :: Ii ~ ~ ' r < - -m ... :i..... ;~ l':~l~':: · III ~ !i __ __ ~ ~ ~ ~ ~ ~ ~ Y'!i "";;;;;; ~ S ... ~ ... .3 ...",-,,- ..J ........ ! i ~ ~ ~ " " " ~ , - ~ , - 1 i - . . ,h ~ (; ~ I "!;i l! it .~ t, t,!~~ l:.!~ ., . w fl ~ ~ / i~ t ~~ I' L~ / .1 I ~ IJ / '" I~ i - ~ IS I ; 'j7,'! ,! s j, I ,~ z J i I ,,/,' -'I' ~ J! ! ,t! / i ~ . . . ~ ... ... ;;.N '" i - N 7YI1N. IS3lJ ",,/1SI)(3 \ , <' >:cdft-- / ; / , _,Id j,M____ _ 'G' . .~.Ol:.., ~ 3U'\OW1'llH , j- ~N' ID ! @ ,." ,.- . I' , '- IJI l ~ !~ I ~ ji pm ---...-~ij '~'", GYOll 30.7b'YA -~ 627 ) ": I"~ ;;i /~~ 'i! t ,'!,' ~ 1'....,- Iii IN ,ill .: .!!/,I',i f./ . " .. , , l i " !;'; ,'. {!; Iii i# ,,/,'. " 1" iii IFi J!i U' ~! ,I I~I i,1 ii, _II; _I, Iii Iii 'II !,Ii Iii Ii I' ,I II II JI ./ 'I l \ 1 : r', ,"'" ~N ~i Z ~~ 33 I z ~ ! i ! z r. 0 ~ ~ u o ~ , " %i'~r Ju -~~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2001- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality ofClarington WHEREAS the Council of the Corporation ofthe Municipality ofClarington deems it advisable to amend By~law 84-63, as amended, of the Corporation of the former Town of Newcastle in accordance with application ZBA 99-036 to permit the severance of the senior citizens apartment building from the medicaVdental clinic; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: L Section 16,5.11 "GENERAL COMMERCIAL EXCEPTION (CI-II) ZONE" is hereby deleted and replaced with the following new provisions as follows: "16.5.11 GENERAL COMMERCIAL EXCEPTION (CI-II) ZONE Notwithstanding Sections 2, 3.12, 3.15, 16,1 and 16.3, those lands zoned (CI-ll) as shown on the schedules to this By-law shall be subject to the following zone regulations: a) Definitions i) Landscaping Strip Shall mean an area of land used for anyone or more of the planting of trees, shrubs, flowers, grass, or other horticultural elements, such as decorative stonework, fencing, or screening. b) Residential uses are not permitted, c) Permitted Non-Residential Uses i) bakery shop ii) bank or financial establishment, business, professional or administration office; iii) convenience store; iv) day nursery; v) dry cleaners distribution centre; vi) eating establishment; vii) medical or dental clinic with associated laboratory services; viii) pharmacy; ix) retail commercial establislunent; x) service shop, light; and xi) service shop, personal d) Regulations for Non-Residential Uses i) Front Yard (minimnm) ii) Exterior Side Yard (minimnm) iii) Building Height (maximum iv) Retail and Personal Service Floor Space (maximum) v) Office Floor Space (maximnm) vi) Parking Space Size 929m' 2,787 m' 5.2 metres in length by 2.75 metres in width provided that 1.0 metres 2.0 metres 3 storeys vii) Parking Spaces viii) Loading Spaces such space is perpendicular to a landscaping strip 168 2 (minimum) ATTACHMENT 3 - 2- '. . ix) Parking Space Setback to a Residential Zone o metres" 2. Section 15.4 "SPECIAL EXCEPTIONS-URBAN RESIDENTIAL TYPE FOUR (R4) ZONE" is hereby amended by introducing a new Snbsection 15.4.22 as follows: "15.4.22 URBAN RESIDENTIAL EXCEPTION (R4-22) ZONE Notwithstanding Section. 2, 3.15,15.1 and 15.2, those lands zoned (R4.22) as shown on the schedules to this By-law shall be subject to the following regulations: a) Definitions i) Landscaping Strip Shall mean an area ofland used for anyone or more of the planting of trees, shrubs, flowers, grass, or other horticultural elements, such as decorative stonework, fencing, or screening. ii) Dwelling Shall mean one (1) or more habitable rooms, designed or intended for use by one or more persons, in which sanitary facilities are provided for the exclusive or shared use of the persons, in which a heating system is provided, and which has a private entrance from a common hallway or stairway inside the building. For the purposes of this definition, dwelling shall also mean dwelling unit. b) Permitted Residential Uses i) a senior citizens apartment building c) Regulations for Residential Uses i) Density (maximum) ii) Dwelling Units (maximum) iii) Front Yard (minimum) iv) Interior Side Yard (minimum) v) Rear Yard (minimum) vi) Dwelling Unit Area (minimum) a) Bachelor Dwelling Unit b) One Bedroom Dwelling Unit c) Two Bedroom Dwelling Uuit Building Height (maximum) Landscaped Open Space (minimum) Parking Space Size vii) viii) ix) x) (minimum) Parking Spaces 180 unitslba 126 units 21.0 metres 18.0 metres, except where a single storey portion of a building is adjacent to a residential zone then the setback shall be 11,0 metres; or, 4.0 metres adjacent to a commercial zone; 16.5 metres, except where a single storey portion of a building is adjacent to a residential zone, then the setback shall be 2,0 metres, 30m2 45m2 65 m' 4 storeys 30% 5.2 metres iu length by 2.75 metres in width provided that such space is perpendicular to a landscaping stripe 32" 3, Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "General Commercial Exceptiou (CI-II) Zoue" to "Urban Residential Exception (R4-22) Zone" as shown on the attached Schedule "A" hereto. 629 '. 4, Schedule" A" attached hereto shall form part of this By-law, "' 5, This By-law shall come into effect on the date ofthe passing hereof, subject to the provisions of Section 34 ofthe Planning Act, R.S,Q. 1990. BY-LAW read a first time this day of BY-LAW read a second time this day of BY-LAW read a third time and finally passed this day of 2001 2001 2001 J oim Mutton, Mayor Patti L. Barrie, Municipal Clerk 630 I " . This is Schedule "A" to By-law 2001- , passed this day of .2001 A.D. LOT 34 0 <( 0 c::: N UJ Z 0 0 () (f) c::: 0 (f) ~ '" ..; UJ ~ () Z f 0 () DURHAM 60.70 HIGHVVA y 2 ~ ZONING CHANGE FROM "C1-11" TO "R4-22" ~ ZONING TO REMAIN "C1-11" John Mutton. Moyor Petti L. Barrio. Municipal Clerk COURTICE z ' I-/r~ g,11 ii W ~J ~ _ SUBJECT SITE . I I I l~_ J //! f" : ! W jQ t 631