HomeMy WebLinkAboutPD-065-00
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Meeting:
Date:
Report #:
Subject:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
General Purpose and Administration Committee
File # JY:I-~J!;JoYJ tb3
Res. #0I1f- 31() -CO.
Monday, July 3, 2000
PD-065-00 File #: ZBA 2000-003
By-law #
REZONING APPLICATION
APPLICANT: JAMES TREMBLAY AND JOHN TOWN
ON BEHALF OF KEN PASRICHA
1587 HIGHWAY 2, COURTICE URBAN AREA
FILE NO.: ZBA 2000-003 (X-REF: SPA 2000-002)
Reconunendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1.
2.
3.
4.
THAT Report PD-065-00 be received;
THAT the application to amend Zoning By-law 84-63, be APPROVED and that the
amending by-law, as per Attachment No.4 be forwarded to Council for approval;
THAT a copy of this report and Council's decision be forwarded to the Region of
Durham Planning Department; and
THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
APPLICATION DETAILS
1.
1.1
1.2
1.3
1.4
1.5
Owner:
Ken Pasricha
Applicant:
James Tremblay and John Town
Rezoning:
From "Urban Residential Type One (Rl)" to "Urban Residential
Exception (R1-51)"
Area:
4,537 square metres (1.12 acres)
Location:
the area subject to the proposal is located at the southeast comer of
Highway 2 and Sandringham Drive. The municipal street address is 1587
Highway 2, Courtice. The area is located in Part Lot 32, Concession 2,
former Township of Darlington (see Attachment No. I).
622
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'REPORT PD-06S-00
PAGE 2
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2. BACKGROUND
2.1 On January 18, 2000, the Planning and Development Department received applications to
amend Zoning By-law 84-63 and for site plan approval in order to permit the
development of a funeral home.
2.2 A public meeting for the rezoning application was held on Monday February 28,2000. A
summary of the concerns is provided in Section 5.
2.3 A Traffic Study was submitted in support ofthe application and is summarized below:
a) funeral homes typically have afternoon visitations between 2 and 4 p.m. and
evening visitations between 7 and 9 p.m.;
b) typical procession times are between 9 and 11 a.m. and I and 2 p.m.
c) cremation and church services limit processions to approximately 30 to 40 % of
all funerals;
d) funeral processions will use the Highway 2 access and travel east; and
e) the funeral home at the Highway 2/Sandringham Drive intersection will not have
any injurious impact on traffic operations and safety.
3. LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The site is currently vacant. The topography of the site is flat.
3.2 The surrounding land uses are as follows:
North - Highway 2 and beyond, residential
South - residential
East residential
West - Sandringham Drive and beyond, an auto repair garage
4. OFFICIAL PLAN CONFORMITY
Within the Clarington Official Plan, the subject property is designated as Urban
Residential Area overlaid by Special Policy Area F. Permitted uses within this
designation include medium and high density residential buildings, community facilities,
institutional uses and limited office uses. The proposed funeral home is similar in nature
to the above uses and would appear to conform to the Official Plan.
5. ZONING BY-LAW COMPLIANCE
The subject property is zoned "Urban Residential Type One (R1)" within Comprehensive
623
.
'REPORT PD-065-00
PAGE 3
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Zoning By-law 84-63. A funeral services establishment is not a permitted use and hence,
this rezoning application.
6. PUBLIC COMMENTS
6.1 Two people spoke in support of the application at the Public Meeting. The main points in
support of the application were:
. Funeral homes are beautifully kept and landscaped;
. This business will enhance Courtice; and
. Residents should not have to go outside the area for the provision of funeral services.
Five people spoke in opposition to or with concerns for the application. The main points
made were:
. there is a need for a traffic study and concern about vehicular and pedestrian safety
particularly on the Sandringham Drive intersection;
. the proposed development could devalue surrounding residential properties;
. the use would restrict daily activities;
. funeral processions will stop traffic on Highway 2 and create traffic jams;
. there is insufficient parking;
. there is insufficient sanitary capacity;
. the Highway 2 corridor is heavily traveled and that in recent years there have been
numerous accidents. Traffic levels can only increase and there may be major
disruptions along Highway 2 ifthis proposal is given consideration;
. was an environmental impact study done;
. was a recent traffic study concerning pedestrian/public safety done;
. a funeral home in this heavily residential neighbourhood would create an unsafe
environment for any family, especially children;
. any entrance or exit along Highway 2 will be a major traffic disruption and Highway
2 lacks clear lighting;
. taxes will go up because a funeral home is built across the street creating a need for
improved lighting and traffic signals to ensure public safety;
. new development should be aesthetically pleasing - there should be no huge funeral
home sign or a large bunker-style building or a concrete parking lot;
. the site would be lost as green space;
. does the proposal involve body storage/preservation and cremation services and if so,
how many fridgeslkilns/ovens will be on the premises and concerns about smoke
coming from the funeral home; and
. will there be enough parking?
The applicant/agents Mr. Jamie Tremblay and Mr. John Town, acting for the property
owner Mr. Ken Pasricha, spoke in favour of the application.
624
'REPORT PD-065-00
PAGE 4
6.2 A large number of people have either attended the Planning Department, phoned in or
provided written comments including residents from the east side of Oshawa.
People in support of the application made the following comments:
. the funeral home would make little difference to the traffic problems which already
exist on Highway 2;
. traffic lights at the Highway 2 /Sandringham Drive intersection are needed regardless
of this application;
. there is a lack of funeral homes in East Oshawa and Courtice. Courtice needs this
service and there is no point in having people spend their money for this service in
Oshawa;
. the location for the funeral home was appropriate, the site was distinctive and easily
accessible,
People in opposition to or with concerns about the application made the following
comments:
. what would happen to the extension of Kennedy Drive if the funeral home were
approved. One of them also asked about accesses for the property.
. there is a need for traffic lights at the Highway 2/Sandringham Drive intersection.
7. AGENCY COMMENTS
7.1 The rezoning application was circulated to VariOUS agencIes and other departments.
Hydro One Networks Inc. has no objection to the proposal. Other comments received are
as follows.
7.2 The Clarington Public Works Department has no objection to the proposal subject to
various conditions. Permission must be obtained from the Region of Durham and the
Clarington Public Works Department for the proposed entrances. A complete grading
and drainage plan is required and the applicant must enter into a development agreement
with the Municipality. A performance guarantee for entrance construction, storm sewer
connection and sidewalk restoration is required as is an appropriate cash contribution in
lieu of parkland dedication. Various comments and conditions were provided with
respect to the site plan. Regarding the traffic impact engineering report, the Clarington
Public Works Department has no comment or concern with the report as submitted.
625
'REPORT PD-065-00
PAGE 5
7.3 The Fire Department indicated a fIre hydrant must be within 90 metres of the building
perimeter, one (1) parking space at the southeast comer of the property must be
eliminated to allow improved turning radius for fIrefIghting equipment and the entrance
from Highway 2 is to be a minimum of 6 metres wide (see Attachment No.2).
7.4 The Regional Health Department has no objections to the proposal provided the property
is serviced by municipal sanitary sewers and water.
7.5 The Regional Planning Department noted the subject property is designated "Living
Area" in the Regional OffIcial Plan and within it lands are predominantly for housing
although special purpose commercial uses serving specialized needs on an occasional
basis shall be permitted, subject to the inclusion of appropriate provisions and
designations in the area municipal official plan. No provincial interests would appear to
be affected. Municipal services are available to the subject site, with sanitary just to the
south on Sandringham Drive. Access onto Sandringham Drive with a right-in/right-out
access onto Highway 2, as shown on a site plan of the property dated April 11, 2000, is
acceptable (see Attachment No.2),
7.6 The Regional Works Department has indicated municipal services are available to the
site. Frontage and connection charges for both sewer and water on Sandringham are
applicable. Services will be provided to the property line by the Region on the basis of
actual cost A separate water line for fIre fighting purposes may be required as well as a
domestic water line. The Department is aware the Municipality of Clarington is initiating
a Corridor Review of Highway 2 between Varcoe Road and Hancock Road in order to
define the functionality of the segment Site Plan approval will only be recommended
provided a road widening suffIcient to create an 18 metre width from the Highway 2
centreline and a 7 metre by 5 metre daylight (sight) triangle outside the widening at the
Highway 2/Sandringham intersection is dedicated, Other site plan application
requirements were provided.
626
'REPORT PD-065-00
PAGE 6
The Regional Works Department noted that it is aware the Municipality is initiating a
Corridor Review of Highway 2 between Townline and Hancock Roads and that the
Municipality has requested the applicant to prepare a traffic impact report for the
proposal. Upon reviewing the report, Regional staff offered no objections to the funeral
home proposal. As noted in the report, the peak usage of the funeral home will be during
the afternoon and evening which does not affect the traditional AM and PM peak hours
of Highway 2. It is anticipated that the right-in/right-out, controlled through the use of a
trumpet island, will alleviate the traffic impact on Sandringham Drive. Regional staff
noted that although there has been mention that the intersection of Sandringham Drive
and Highway 2 may require traffic signals at some time in the future, the existing traffic
demand does not warrant signalization. Regional staff does not expect the warrant to be
met within the next five years. With respect to illumination of the Highway 2
entranceway, if the proponent of the funeral home wishes to illuminate the Highway 2
entranceway, light standards must be located on site and approved through the site plan
process.
7.7 The Central Lake Ontario Conservation Authority noted the applicant is to incorporate
appropriate stormwater management practices into site design. Comments respecting the
revised site plan noted the need for calculations to support the stormwater quantity design
proposal, the incorporation of permanent stormwater quality provisions and the
submission of a temporary sediment and erosion control plan.
8. COMMENTS
8.1 The subject property is within "Special Policy Area F - King Street Corridor" within the
Clarington Official Plan. Special Policy Area F recognizes the lands within it as being
predominantly existing residential dwellings situated on larger lots. Special Policy Area
F recognizes the redevelopment potential of these lands and the desirability of creating a
transit supportive environment along Highway 2 which is a Regional Transit Spine.
Special Policy Area F is designated to provide for the intensification of land uses along
the King Street corridor. A funeral home would be consistent with the type of limited
office development/community facility contemplated for this area.
627
. REPORT PD-065-00
PAGE 7
This proposal has met the intent of the applicable urban design principles of Section
10.3.2 and the site development criteria within Section 10.3.7 of the Clarington Official
Plan. It has an attractive architectural fal(ade (see Attachment No.3) and activity areas
are on the east side of the building, away from existing residential dwellings.
8.2 In response to the Fire Department comment, the parking area in the southeast comer of
the property has been redesigned to allow improved turning radius for firefighting
equipment. The Highway 2 access width will be increased to meet their minimum
standards as well through the site plan process.
8.3 The necessity of an environmental impact study was raised. The subject property is
isolated from all environmental features and such a study is not required. Central Lake
Ontario Conservation staff confirmed that such a study is unnecessary.
8.4 A number of concerns were raised pertaining to traffic, street lights and parking.
Regional staff in reviewing the traffic impact report offered no objections. Regional staff
confirmed that traffic signalization is not warranted at this point in time and further more
do not anticipate the warrant will be met within the next five years. The funeral home
proponents have confirmed that they will accept the right-in/right-out condition of their
entrance and that all funeral processions will commence heading easterly on King Street.
The applicant has submitted a site plan containing approximately 10% more parking
spaces than required by the Municipality's current zoning by-law. An increase in spaces
was proposed to accommodate the anticipated funeral services.
8.5 Concern as to the activities within the funeral home was raised at the public meeting. For
clarification purposes, the funeral home is for the temporary storage and preservation (i.e.
preparation room for embalming and/or cosmetic application) of human remains. As
noted at the "Public Meeting", there cannot be a crematorium or cremation facility on
site. A crematorium is only permitted in association with a cemetery operation.
Accordingly, the burning of human remains will not occur on site.
628
'REPORT PD-065-00
PAGE 8
8.6 Kennedy Drive currently terminates at the easterly limits of the Pine Ridge Motel
property fronting Highway 2. At one time, it was anticipated that Kennedy Drive would
be extended to Sandringham Drive. The Official Plan designates these lands for medium
and higher density uses. It therefore would see primarily medium or higher density
housing blocks in the area. Staff have determined that Kennedy Drive would therefore
not be extended much further than its current terminus. Unless the Pine Ridge Motel
property re-develops, the extension is unlikely to happen in the near future.
Notwithstanding the funeral home proposal, Kennedy Drive, in time could be extended a
limited distance to the west terminating east of the funeral home, when the Pine Ridge
Motel does re-develop.
8.7 Courtice is a growing community of approximately 20,000 residents with an increasing
need for a variety of services. The Clarington Official Plan would permit the
establishment of a funeral home at this site. All commenting agencies have offered no
objections to the proposal. It is staffs opinion that the proposed development is
appropriate, desirable and compatible with the nearby residential areas.
8.8 The Courtice East Highway 2 Corridor Study is being tendered at the present time, Staff
have reviewed the impact of approving this development at the present time prior to the
study. While this approval does narrow the options which might be considered, it is not
considered to be a development which would negatively prejudice the outcome of the
study.
9. CONCLUSION
It is respectfully recommended that the rezoning application be APPROVED and the by-
law adopted as contained in Attachment No.4.
Respectfully submitted, Reviewed by,
d ~-==-~
Da d rome, M.C.I.P., R.P.P.
Director of Planning & Development
BR*LDT*DJC*cc
June 27,2000
Franklin Wu, M.C.I.P., R.P.P.,
Chief Administrative Officer
629
. REPORT PD-065-00
PAGE 9
Attachment No.1
Attachment No.2
Attachment No.3
Attachment No.4
Site Location Key Map
Site Plan
North and West Elevations ofthe Funeral Home
Zoning By-law Amendment
Interested parties to be notified of Council and Committee's decision:
Ken Pasricha
3 Jamieson Crescent
WHITBY, Ontario
LlR IV2
John and Deborah McLean
2486 Prestonvale Road
COURTICE, Ontario
LIE I WI
Mike and Amanda McKenna
14 Sandringham Drive
COURTICE, Ontario.
LIE IX4
David and Linda deGelder
411 Gothic Drive
OSHA W A, Ontario
LI G 7R6
Peter deGelder
53 Lambs Lane
BOWMANVILLE, Ontario
LlC 3G4
Gary Ravery
14 Stephen Avenue
COURTICE, Ontario
LIE IZ2
James Gibbons
II S trathallan Drive
COURTICE, Ontario.
LIE lZ2
Paul Clarke
395 Gothic Drive
OSHA W A, Ontario
LI G 7R6
Mildred Roberts
20 Rockcliffe Street
OSHA W A, Ontario
LlH 7G6
J. Ferry
4 Kingsway Gate
COURTICE, Ontario
LIE I YI
James Tremblay & John Town
811-31 Wilson Road North
OSHA W A, Ontario
LIG 7Z5
Gilles Morais
33 Valleycrest Drive
COURTICE, Ontario
LIE lH7
Laura and Shawn Grace
23 Kennedy Drive
COURTICE, Ontario
LI E 2H2
G. Peters
164 Eastmount Street
OSHA W A, Ontario
LI G 6K6
Eric Edwards
78 Short Crescent
COURTICE, Ontario
LI E 2Z6
Keith Gauthier
602 Down Crescent
OSHA W A, Ontario
LlH 8K4
63U
. REPORT PD-065-00
PAGE 10
Daryl Schofield
5 Mossgrove Court
COURTICE, Ontario
LIE IP4
Sally Gibbs
11 Soper Creek Drive
BOWMANVILLE, Ontario
LIC 4G2
Janet B. Fisher
107 Foxhunt Trail
COURTICE, Ontario
LIE lEI
Mr. & Mrs. Ballentine
507 T orrington Crt.
Oshawa, Ontario
LIG 7L9
Ferdinando Longo
15 Barrington Place
COURTICE, Ontario
LIE 2K9
Mr. & Mrs. Jack Wilson
344 Labrador Drive
Oshawa, Ontario
LIH 7E9
Francesco and Elizabetta Longo
1588/1590 Highway 2
COURTICE, Ontario
LIE 2R7
Jan Arnold
134 Church Street
Stouffville, Ontario
L4A 4T8
Phillip Mak
42 Stirling Avenue
COURTICE, Ontario
LIE IX5
Lynda Brandt
12 Old Cemetery Road
Orono, Ontario
LOB IMO
Jennifer Smith
77 George Reynolds Drive
COURTICE, Ontario
LI E 2E6
Mr. & Mrs. J. Wegener
1299 SolinaRoad,
Courtice, Ontario
LIE 2T6
Jane Dyas
68 Sandringham Drive
COURTICE, Ontario
LIE 1W7
Angelo Mayo
111 Brownstone Cres.,
Courtice, Ontario
LIE2Y3
John Paviciz
1517 Highway No. 2
COURTICE, Ontario
LI E 2K2
631
ATTACHMENT '1
_ SUBJECT SITE
LOT 32
LOT 31
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ATTACHMENT 113
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NORTH ELEVATION
WEST ELEVATION
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ATTACHMENT '4
THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON
BY-LAW NUMBER 2000- _
being a By-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the former Town of Newcastle .
\VHEREAS the Council of the Corporation of the Municipality ofClarington deems it advisable to
amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to
implement ZBA 2000-003.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality
of Clarington enacts as follows:
1. Section 12.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE ONE (R1)
ZONE" is hereby amended by adding thereto, the following new Special Exception 12.4.51
as follows:
"12.4.51 URBAN RESIDENTIAL EXCEPTION (R1-51) ZONE
Notwithstanding Sections 3.12 a, 3.15 a and 12.1 and those lands zoned "RI-51" on the
Schedules to this By-law may, in addition to the other uses permitted in the "Urban
Residential Type One (Rt)" Zone, be used for a Funeral Services Establishment and shall
be subject to the following zone regulations:
a) Front Yard Setback Requirement (minimum) 4.0 metres
b) Landscaped Open Space (minimum) 20 percent
c) Loading Space Width (minimum) 3.375 metres
d) Parking Space Length (minimum) 5.2 metres
provided that such a space is perpendicular to a landscaping strip or a sidewalk"
2. Schedule "4" to By-law 84-63 as amended, is hereby further amended by changing the zone
designation from:
"Urban Residential Type One (Rl)" to "Urban Residential Exception (Rl-51)", as
illustrated on the attached Schedule "A" hereto.
3. Schedule "A" attached hereto shall form part ofthis By-law,
4. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act.
BY-LAW read a first time this
day of
2000.
BY-LAW read a second time this day of
BY-LAW read a third time and finally passed this
2000.
day of
2000,
MAYOR
CLERK
6j~
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This is Schedule "A" to By-law 2000- ,
passed this day of .2000 A.D.
LOT 32
DURHAM, H<~HW~{97.
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I2Z1Z0NING CHANGE FROM "R1" TO"R1-51"
Mayor
COURTICE
LOT 32
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Clerk
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