HomeMy WebLinkAboutPD-052-01
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THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON
REPORT
Report #:
PD-052-01
PILE #: ZBA 99-036
and SPA 99-046
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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
,
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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
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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
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1M SUBJECT SITE
LOT 35
LOT 34
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COURTICE
KEY MAP
ZBA 99-036
SPA 99-046
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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
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4,
Schedule" A" attached hereto shall form part of this By-law,
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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
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This is Schedule "A" to By-law 2001- ,
passed this day of .2001 A.D.
LOT 34
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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
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