HomeMy WebLinkAboutPSD-035-16Planning Services
Public Meeting Report
If this information is required in an alternate accessible format, please contact the Municipal
Clerk at 905-623-3379 ext. 2102
Report To: Planning and Development Committee
Date of Meeting: May 16, 2016
Report Number: PSD-035-16 Resolution Number:
File Number: ZBA 2016-0004 By-law Number:
Report Subject: An Application by 988925 Ontario Inc. To Permit Two, Five-Storey
Mixed-Use Buildings in Courtice Town Centre
Recommendations:
1.That Report PSD-035-16 be received;
2.That the applications to amend Zoning By-law 84-63, submitted by 988925 Ontario Inc. to
permit two, five-storey, mixed-use buildings, continue to be processed and that a
subsequent report be prepared; and
3.That all interested parties listed in Report PSD-035-16 and any delegations be advised of
Council’s decision.
Municipality of Clarington
Report PSD-035-16 Page 2
Report Overview
The Courtice Main Street Secondary Plan (Secondary Plan) designates the Applicant’s
property as “Town Centre Commercial” which is intended to be developed as the focal point of
culture and civic gathering as well as a mixed use area combining residential, office and retail
development.
This application to amend the Zoning By-law will implement the vision for the Courtice Town
Centre by permitting the construction of two, mixed-use buildings. Each building is proposed
to be five stories in height and contain:
• 965 to 1,000 square metres of commercial floor space on the ground floor; and
• 33 residential apartments on the top floors.
The purpose of this report is to receive public comments.
1. Application Details
1.1. Owner / Applicant: 988925 Ontario Inc.
1.2. Agent: Valerie Cranmer & Associates
1.3. Proposal: To permit the development of two, five-storey,
mixed-use buildings with underground parking.
Each building will contain:
965 to 1,000 square metres of commercial floor
space on the ground floor; and
33 residential apartments on the top floors.
1.4. Area: 1.27 hectares
1.5. Location: 1678 Durham Highway 2, Courtice
1.6. Roll Number: 1817-010-050-23500
1.7. Within the Provincial Built Boundary: Yes
Municipality of Clarington
Report PSD-035-16 Page 3
Figure 1: The proposed site plan
2. Background
2.1 The subject property is located in Courtice on the north side of Durham Highway 2, east
of Trulls Road. The topography of the property is generally flat with the exception of the
north end of the site which includes a steep bank that drops down to the Black Creek.
The property currently contains a single detached dwelling.
2.2 The surrounding uses are as follows:
North - The Black Creek
South - Highway 2, vacant mixed-use site and single detached dwellings
East - Residential (single detached dwelling)
West - Place of worship
2.3 The subject property has been identified by the Municipality as potentially having cultural
heritage value. It is identified as Merit on the municipal heritage inventory list.
Municipality of Clarington
Report PSD-035-16 Page 4
Figure 2: The subject site
3. Provincial Policy
3.1 Provincial Policy Statement
The Provincial Policy Statement (PPS) promotes efficient land use and development
patterns with the intent of creating sustainable communities that are home to people of all
ages. Development is directed to occur within existing settlement areas and to proceed
in a manner which minimizes land consumption and servicing costs. In order to achieve
this objective, opportunities for intensification (redevelopment at a higher density than
previously existed) will be promoted. Should this development proceed, it will contribute
towards the Municipality’s intensification targets.
The PPS further requires the maintenance and restoration of natural features to ensure
the protection of long-term ecological function and biodiversity. Development and site
alteration shall not be permitted on adjacent lands to natural heritage features unless the
ecological function of the adjacent lands has been evaluated and it has been
demonstrated that there will be no negative impacts on the natural features or on their
ecological functions.
Municipality of Clarington
Report PSD-035-16 Page 5
3.2 Provincial Growth Plan
The policies of the Growth Plan for the Greater Golden Horseshoe (Growth Plan)
promote the creation of compact, complete communities that are transit-supportive and
pedestrian-friendly. Part of the intent of the Growth Plan is to manage growth in a
manner that will optimize existing infrastructure and support a strong economy. The first
priority of growth shall be to seek to intensify new development within existing built-up
areas.
The subject property is located within the Provincially-defined “Built Boundary” for the
Courtice Urban Area. The Growth Plan requires that population and employment growth
be directed to built-up areas of the community to optimize existing land supply and better
utilize existing municipal services.
4. Official Plans
4.1 Durham Regional Official Plan
The Durham Region Official Plan (Regional Plan) designates the subject property as
“Regional Centre” and is located on a Type “B” Arterial Road which is also a “Transit
Spine”. Regional Centres shall operate as the main concentrations of urban activities,
providing an array of land uses including commercial and residential. The purpose of
Regional Centres is to operate as the physical and symbolic centre of the community.
The diverse function and high-quality design of Regional Centres should provide a
primary part of the community’s identity.
The policies of the Regional Plan require that development in Regional Centres should
support an overall, long-term density of 75 residential units per gross hectare and a floor
space index (FSI) of 2.5.
For development applications which are located abutting a Regional arterial road, the
Region of Durham requires that lands be dedicated for road widenings in accordance with
the Regional Plan. A road widening of 4.5 metres will be required to be provided in
conjunction with the Site Plan approval for this project. The Applicant has already
identified and incorporated the road widening into the development proposal.
The proposed development generally conforms to the intent of the Regional Plan.
4.2 Clarington Official Plan
The Clarington Official Plan designates the subject property as “Town Centre” (shown in
red in Figure 3 below). The Courtice Main Street Secondary Plan sets the vision and
policies for the development of the Courtice Town Centre.
Municipality of Clarington
Report PSD-035-16 Page 6
Figure 3: The Subject Site within the Courtice Town Centre
Note: Courtice Town Centre show in red
4.3 Courtice Main Street Secondary Plan
The subject property is further designated “Town Centre Commercial” within the Courtice
Main Street Secondary Plan (Secondary Plan). It is envisioned that the town centre will
be the focal point in Courtice for cultural and civic gatherings as well as a mixed use area
combining residential, office and retail development.
The overall purpose of the Secondary Plan is to create a dense, mixed-use, transit
supportive and pedestrian friendly environment that is achieved while preserving the
natural heritage features in the area. This proposal will result in transit-supportive density
within two mixed-use buildings that are setback from the Black Creek on the north side of
the property.
The proposed commercial uses (retail, service and office uses) as well as the proposed
residential uses are all permitted within the “Town Centre Commercial” designation.
Municipality of Clarington
Report PSD-035-16 Page 7
The Secondary Plan includes Urban Design Guidelines which are intended to:
Create compatible and attractive built form that balances long term planning goals
for intensification; and
Encourage built form that reinforces the street edge and creates an attractive
image along Durham Highway 2.
To achieve these objectives, buildings shall be located at or near the street edge with
entrances oriented to Durham Highway 2. Building design should emphasize
architectural elements that promote pedestrian interest and comfort, reinforce the
relationship to the street, and create a visually interesting street façade.
Further discussion on the urban design of the proposed development are contained in
Section 11 of report PSD-035-16.
4.4 Cultural Heritage Value
The Official Plan contains policies designed to protect and preserve cultural heritage
resources within the Municipality. The house on the property has been identified by the
Clarington Heritage Committee as a property of potential cultural heritage value. As
such, it is currently listed as a merit property on the municipal inventory. Further
discussion of the cultural heritage value of this property is contained in Section 10.5 of
Report PSD-035-16.
5. Zoning By-law
5.1 The subject property is currently zoned “Urban Residential Type One (R1)” and
“Environmental Protection (EP)” in Zoning By-law 84-63.
5.2 The Applicant is requesting permission to construct two buildings on this property that
would be occupied by a combination of residential and commercial uses in a manner that
conforms with the land use policies of the Secondary Plan.
5.3 In addition to listing permitted land uses, the Zoning By-law also provides a variety of
regulations for the size of properties, placement and size of buildings as well as the
amount of parking that must be provided. A review of the proposed uses and regulations
will be included as part of a future recommendation report.
Municipality of Clarington
Report PSD-035-16 Page 8
6. Summary of Background Studies
6.1 Site Screening Questionnaire
The Site Screening Questionnaire (SSQ) is required by the Region to determine whether
or not a site has ever been and continues to be contaminated. The conclusion of the
SSQ is that there is no apparent evidence to support that this property has been
subjected to environmental contamination in the past. Therefore, no further on-site
investigation for environmental contamination is required.
6.2 Environmental Impact Study
The Environmental Impact Study (EIS) recommends that a 30 metres setback from the
Black Creek be provided to protect the features and functions of this system. It has also
made a number of recommendations regarding plantings, construction activities and final
site design details such as lighting, that should be incorporated through the site plan
process. However, the EIS will need to be updated to reflect the most recent version of
the proposed site plan.
6.3 Geotechnical Investigation Report
A preliminary Geotechnical Investigation Report (Geotechnical Report), and three
addendum reports, have been prepared for the following reasons:
To define the subsurface soil and groundwater conditions; and
To develop preliminary geotechnical recommendations for earth work construction,
servicing installation, and foundation and pavement design.
The reports have made many recommendations regarding design and construction which
will need to be updated as part of the site plan process. However, the reports provide
sufficient details to conclude that development can take place on this site.
The erosion hazard associated with Black Creek, was to be included in the geotechnical
reports described above. Unfortunately this component remains outstanding and is
necessary to determine the developable limits of the site.
6.4 Hydrogeological Assessment Report
A Hydrogeological Assessment Report (Hydrogeological Report), and an addendum
report, have been prepared:
to define the prevailing hydrogeological conditions;
evaluate any anticipated impacts on the existing and adjacent groundwater
resources.
Municipality of Clarington
Report PSD-035-16 Page 9
Although neither report has assessed the most recent version of the proposed site plan,
there are sufficient details in the reports to conclude that development can take place on
the subject site with appropriate mitigation techniques incorporated. The exact nature of
the mitigation techniques will be determined once the most recent version of the
proposed site plan has been reviewed.
Through the site plan process, a further addendum to the Hydrogeological Report will be
required to assess the finalized proposal and to match the mitigation measures to the
development proposal.
6.5 Archaeological Assessment
A Stage 1 and Stage 2 Archaeological Assessment were conducted on the subject
property in support of the requested zoning by-law amendments. The Archaeological
Assessment concluded that this property is clear of any archaeological concern.
6.6 Functional Servicing and Stormwater Management Report
The Functional Servicing and Stormwater Management Report (FSSM Report) states that
the installation of a private storm sewer system is required. The private system will be
designed to control stormwater to the 100-year, pre-development flow levels.
The installation of an oil/grit separator is required to provide an enhanced level of water
quality protection.
Water and sanitary sewer lines will need to be extended to service this site. The cost for
the extension of the water and sewer lines will be paid for by the Applicant.
6.7 Environmental Noise Assessment
According to the Environmental Noise Assessment (Noise Study) road noise level is
expected to exceed the Ministry of the Environment noise criteria for a number of the
commercial and residential units. The Noise Study recommends that mitigation
measures, such as mandatory air conditioning, be incorporated into the design to address
these concerns.
The details of the mechanical units have not finalized at this time. Once this information
is available, further investigation is recommended to ensure the sound levels within the
proposed commercial and residential units meet the Ministry of the Environment sound
level limits.
6.8 Traffic Impact Study
The conclusion of the Traffic Impact Study (TIS) was that traffic along Durham Highway 2
and nearby intersections is expected to operate within acceptable levels of service.
Any driveways from this property to Durham Highway 2 will be required to align with the
future Richard Gay Avenue to the south. The proposed Site Plan shows that the eastern
driveway does not align with the future Richard Gay Avenue. The TIS does not address
Municipality of Clarington
Report PSD-035-16 Page 10
why the driveway and Richard Gay Avenue do not align. If it cannot be demonstrated
that the eastern access can align with the location of the future Richard Gay Avenue then
the development will only be permitted to proceed with a driveway from either the centre
or the west side of the property.
In addition, the TIS made no mention of transit or active transportation which are required
by the Region of Durham’s Traffic Impact Study Guidelines.
6.9 Urban Design Report
The Urban Design Report provides a summary of the ways that the proposed building
location and the site layout address the urban design requirements of the Secondary Plan
and the accompanying Urban Design Guidelines. However, the Urban Design Report is
unable to provide a full analysis of this development since the building elevations and
landscape plans have not yet been prepared. Therefore, the Urban Design Report is
incomplete at this time.
6.10 Planning Justification Report
The Planning Justification Report (Planning Report) summarizes the findings of each of
the submitted studies and offers an analysis of the proposal in relation to Provincial,
Regional and local regulations and policies.
The conclusion of the Planning Report is that this proposal will conform with Provincial
and Regional policies by:
Utilizing the buildable area of the site while protecting the environmentally sensitive
lands on and abutting the property;
Utilizing existing municipal services in the vicinity
Creating a transit-supportive use along a Regional transit spine;
Increasing the variety of housing supply; and
Contributing to intensification by providing a higher density of use than exists on the
property today.
The Planning Report goes on to say that this proposal will conform with the Clarington
Official Plan and Secondary Plan by:
Proposing buildings which are compatible with the surrounding neighbourhood;
Providing higher densities and a mix of uses to reinforce the Town Centre; and
Offering a building and site design that is street-front orientated, pedestrian-scale
thereby contributing to an active and interesting streetscape.
Municipality of Clarington
Report PSD-035-16 Page 11
Overall the Planning Report concludes that the proposed development will assist in
implementing the policies of the Courtice Main Street Secondary Plan, will begin the
development of the Courtice Town Centre and represents good planning.
Once updates have been made to the reports submitted with this application the Planning
Report can be updated to reflect the revised conclusions.
7. Public Notice and Submissions
7.1 Public notice was given by mail to each landowner within 120 metres of the subject
property and a “Notice of Public Meeting” sign was installed on the property. The public
notice was also posted on the Municipal website and in the Planning Services electronic
newsletter.
7.2 As of the writing of this report, Staff had received five inquiries from members of the
public about this project.
7.3 Two of the inquiries requested further details about the application but expressed no
concerns. Three of the inquiries requested more information about how this site would be
serviced by sanitary sewers. There was concern that the neighbours might be obligated
to share in the cost for the extending the sanitary sewers into the area. While municipal
water is available to all residents in this area some property owners maintain private wells
for secondary water needs. A question was asked about whether the proposed
construction works would impact these existing wells.
8. Agency Comments
8.1 Regional Municipality of Durham
As noted in Section 4.1 of report PSD-035-16, the Regional Plan requires a long-term
density of 75 residential units per gross hectare and a floor space index (FSI) of 2.5.
within Regional Corridors. Based on the submitted proposal, the Region Municipality of
Durham (Region) estimates that this application appears to meet the minimum density
requirement but not the FSI. The proposal generally conforms to the intent of the
Regional Plan.
A road widening along Durham Highway 2 will be required to be dedicated to the Region.
A 4.5 metre block along the property frontage has already been identified on the Site Plan
drawing and is presumably intended for this purpose.
Extensions to the water and sanitary sewer services in the area will be required to service
the development proposed for this property. The cost for extending these services will be
borne by the Applicant.
The alignment of the eastern-most driveway access does not appear to align with the
location of the future Richard Gay Avenue on the south side of Durham Highway 2. If a
successful alignment cannot be made at the east end of the property then an alternative
Municipality of Clarington
Report PSD-035-16 Page 12
driveway access location, in the centre of the site or on the west side of the site, will be
considered by the Region.
8.2 Central Lake Ontario Conservation
As of the writing of this report, full comments were still outstanding from Central Lake
Ontario Conservation (CLOCA). Preliminary comments that have been received state
that there are some fundamental issues with respect to delineating the development
envelope that need to be addressed. CLOCA is not in a position to support the
development as proposed based on the materials that have been submitted to date.
9. Departmental Comments
9.1 Engineering Services
The Engineering Services Department offers the following comments.
Grading, Drainage and Stormwater Management
The applicant has submitted a Functional Servicing and Stormwater Management Report
(FSSM Report) in support of this application. The report is currently under review, but
lacks significant detail for a full review. Further discussion will be required regarding the
location of the stormwater outlet.
The report must be revised subject to the comments provided by Engineering Services,
Durham Region and CLOCA.
Servicing
A servicing plan has been submitted as part of the FSSM Report which is currently under
review. The water and sanitary sewer must be extended to facilitate this development
and the plan will be subject to the approval of the Region of Durham.
Environmental Impact Study
The applicant has submitted an Environmental Impact Study (EIS) in support of this
application. The EIS, among other things, defines the limits of development. The Site
Plan cannot be finalized until the EIS has been approved and the limits of development
have been established. The EIS shall identify any locations of Black Creek that are
exhibiting or may have erosion concerns. The EIS shall also recommend remedial works
for the erosion areas adjacent to and within the proposed site.
Traffic
A Traffic Impact Study (TIS) has been submitted in support of this application. The report
analyzes the impact on intersections near and entrances into the proposed development
all of which are under the jurisdiction of the Region of Durham. Further discussion will be
required with respect to the location of the east entrance. The study will be subject to the
approval of the Region.
Municipality of Clarington
Report PSD-035-16 Page 13
Underground Ramps
The proposed grade on the underground ramps is unacceptably steep. A revised design
for these ramps will be required.
9.2 Emergency and Fire Services
The Emergency and Fire Services Department has no concerns with the Zoning By-law
Amendment. Additional comments will be provided through the review of the Site Plan
application.
9.3 Finance Department
The Finance Department confirms that the property taxes for this site have been paid up-
to-date.
10. Discussion
10.1 Land Use
Properties within the Town Centre are permitted the widest range of land uses throughout
the Secondary Plan. The general land uses proposed by this application are permitted by
both the Town Centre designation of the Official Plan and the Town Centre Commercial
designation of the Secondary Plan:
Retail, service and office uses; and
High-density residential uses (apartments).
Based on the stated conclusions of the EIS the 1.27 hectare property has a net
developable area of 0.89 hectares. With a total of 66 residential units proposed for this
development this project will result in a density of 74 units per hectare.
The plans submitted with this application show an approximate floor area for each
building of 5,200 square metres (56,000 square feet). This would result in a Floor Space
Index (FSI) of 1.17. While this FSI number is below the target FSI set by the Regional
Plan, it will contribute to the overall achievement of a higher FSI throughout the Courtice
Main Street area. The form of this development (five storeys with underground parking)
already represents a significant change in building form and density than what exists in
the rest of the Courtice Main Street area today. It is anticipated that future developments
will be able to build upon the success of this project and achieve greater intensification.
Each of the five story buildings proposed for this site are designed to provide commercial
retail, service and office space on the ground floor. The remainder of each building will
be residential units. The density and mix of uses proposed by this application will support
transit service along Durham Highway 2 and represent one of the fundamental goals of
the Secondary Plan.
Municipality of Clarington
Report PSD-035-16 Page 14
10.2 Environmental Protection and Natural Heritage
The EIS, Geotechnical Report and the Hydrogeological Report were prepared based on
an analysis of the property but not the final development concept. In addition, it appears
that the reports were prepared independently of one another rather than collaboratively
building on the results of each other’s work. As a result, the findings of these reports is
sufficient only to confirm that development would be permissible on this property.
However, further updates will be required to all three of these reports in order to
definitively identify the limits of development and all of the mitigation measures that must
be followed during the construction process.
10.3 Servicing
The subject site is presently serviced by a water line located in Durham Highway 2.
Through the redevelopment of this site, the existing water line will need to be extended
and interconnected with existing water service in the area.
Currently, there is no sanitary sewer service to this property. A new sanitary sewer line
will need to be extended to this property from the existing sewer line in Avondale Drive.
At this time, the Region of Durham does not have a timeframe for the extension of
sanitary sewer services along Durham Highway 2 to this site. The privately initiated
extension of municipal services to this property will support the redevelopment objectives
of the Clarington Official Plan and the Courtice Main Street Secondary Plan. However,
the cost for extending these services will be fully paid for by the developer.
10.4 Urban Design
New development must be consistent with the urban design policies of:
The Official Plan;
The Secondary Plan; and
The Courtice Main Street Urban Design Guidelines.
The proposed five-storey buildings, and the accompanying site, will contain many
components that will contribute to the Municipality’s objective of transforming the Courtice
Main Street, and in particular the Town Centre, into a high-density, mixed-use, transit
supportive and pedestrian friendly environment which conserves the natural heritage of
the area.
Placing buildings near the street and locating parking areas at the side or rear of the
property is a main urban design policy of the Official Plan (for Town Centres) and the
Courtice Main Street Urban Design Guidelines. The proposed development plan locates
one building at the street edge and a second building more than 22 metres (72 feet) away
from Durham Highway 2 with a parking lot between the building and the street. The
submitted studies have not provided a rationale as to why the property is proposed to be
laid out in a manner that is contrary to Municipal policy.
Attachment 1 to
Municipality of Clarington Report PSD-035-16