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Planning and Development Services
Committee of Adjustment
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Date of Meeting: October 28, 2021
File Number: A2021-0039
Address: 1639 Highway 2, Courtice
Report Subject: An application for a Minor Variance to facilitate the development of an
outdoor patio accessory to an Eating Establishment.
Recommendations:
1. That the Report for Minor Variance A2021-0039, be received;
2. That all written comments and verbal submissions were considered in the
deliberation of this application;
3. That application A2021-0039 for a minor variance to Table 16A.4 of Zoning By-law
84-63 to increase the maximum front yard setback from 5 metres to 6.6 metres to
facilitate the development of an outdoor patio accessory to an Eating Establishment
be approved as it is minor in nature, desirable for the appropriate development or
use of the land and maintains the general intent and purpose of the Zoning By-law,
the Durham Region Official Plan and Clarington Official Plan; and
4. That all interested parties listed in this report be forwarded a copy of Committee’s
decision.
Municipality of Clarington
Committee of Adjustment A2021-0039 Page 2
1. Application Details
Owner/Applicant: 1728589 Ontario Ltd. / Derek Hull
Proposal: A minor variance to Table 16A.4 of Zoning By-law 84-63 to
increase the maximum front yard setback from 5 metres to 6.6
metres to facilitate the development of an outdoor patio
accessory to an Eating Establishment
Area of Lot: 3.4 hectares
Lot Frontage: 175 metres (Trulls Road)
Lot Depth: 197 metres (Highway 2)
Location: 1639 Highway 2, Courtice
Legal Description: Part Lot 30, Concession 2, Former Township of Darlington. Now
Part 1 of 40R-31114
Zoning: “Urban Centre Mixed Use Exception (MU3-2) Zone” in Zoning
By-law 84-63
Durham Region Official
Plan Designation:
Living Areas
Clarington Official Plan
Designation:
Urban Centre and Regional Corridor
Clarington Secondary Plan: Town Centre Commercial within Courtice Main Street
Secondary Plan
Heritage Status: None
Municipality of Clarington
Committee of Adjustment A2021-0039 Page 3
Figure 1: Location map
Municipality of Clarington
Committee of Adjustment A2021-0039 Page 4
2. Background
2.1 The subject lands are site plan approved (SPA2018-0008) and the property will be
developed with commercial and mixed use buildings around the perimeter of the site
with a central parking area. Subsequent to the original site plan approval, construction
began on four of the seven buildings. The owner has since proposed shifting the
location of “Building C” (addressed 1639 Hwy 2) so it would be further back from Trulls
Road to facilitate an outdoor patio facing Trulls Road (see Figure 2). The subject minor
variance application is for relief from a setback requirement for Building C only; the
balance of the property is not subject to this variance application.
Figure 2: Site Plan Layout
Municipality of Clarington
Committee of Adjustment A2021-0039 Page 5
Figure 3: Detail of Building C
Figure 4: Location of proposed building with patio. Left is facing south; right is facing north
Municipality of Clarington
Committee of Adjustment A2021-0039 Page 6
3. Land Characteristics and Surrounding Uses
3.1 The property is located at the southeast corner of Highway 2 and Trulls Road in
Courtice. The property has an approximate lot area of 3.4 hectares. Site plan approval
has been granted for seven buildings, six of which will be entirely commercial and one
which will be mixed use. Buildings are arranged around the perimeter with a central
parking area (see Figure 2).
3.2 The surrounding uses are as follows:
North – Commercial and a place of worship
South – Vacant
East – Vacant
West – Residential and commercial
4. Public Notice and Submissions
4.1 The required signage for this application was installed on the property and the
appropriate notice was mailed to each landowner within 60 metres.
4.2 At the time of writing this report, Staff received no enquiries regarding this application.
5. Departmental Comments
5.1 The Infrastructure Division of Public Works has no objection.
5.2 The Building Division of Planning and Development Services has no objection.
5.3 Clarington Emergency and Fire Services Department has no objection.
6. Discussion
Conformity with the intent and purpose of the Regional and Clarington Official Plans
6.1 The property is within the Regional Centre designation of the Durham Regional Official
Plan. Regional Centres are to be the focal point of development in the Region with an
integrated array of diverse uses.
6.2 Within the Clarington Official Plan, the property is within the Town Centre of the
Courtice Main Street Secondary Plan area and designated Town Centre Commercial.
The Town Centre is intended to be the primary focal point for retail and service uses.
Within the Secondary Plan, the property is also within the Town Centre Design Precinct,
where buildings at Trulls Road and Hwy 2 are be well-designed and pedestrian-oriented
to create a strong sense of place.
Municipality of Clarington
Committee of Adjustment A2021-0039 Page 7
6.3 Regional Corridor policies apply to this site and are intended to provide opportunities for
intensification and mixed use developments in a pedestrian and transit supportive form.
6.4 A restaurant patio facing Trulls Road will contribute to the intended design of a
welcoming, pedestrian-oriented streetscape.
6.5 For the above stated reasons, it is Staff’s opinion that the application conforms to the
intent and purpose of both Official Plans.
Conformity with the intent and purpose of the Zoning by-law
6.6 Within Zoning Bylaw 84-63, the property is zoned “Urban Centre Mixed Use Exception
(MU3-2) Zone”, which implements the Courtice Main Street Secondary Plan by allowing
a mix of commercial and residential uses and zoning standards to ensure good urban
design.
6.7 Zoning regulations require a minimum 2 metre front and exterior side yard setback and
a maximum 5 metre front and exterior side yard setback. The intent of these standards
is to permit buildings that line the street; to create a consistent and visually appealing
streetscape; and to encourage pedestrian activity.
6.8 The proposal for a restaurant patio requires that Building C (addressed 1639 Hwy 2), as
shown on Figures 2 and 3, be set back 6.6 metres from Trulls Road, which exceeds
the maximum 5 metres. However, a restaurant patio will contribute to an enlivened and
visually appealing streetscape.
6.9 Following the definition of “Lot Line, Front” in Zoning Bylaw 84-63, for a corner lot (such
as the subject property), the shorter lot line abutting a public street is considered the
front lot line and the longer lot line abutting a public street is considered the exterior side
lot line. Since the lot line abutting Trulls Road is shorter (175 metres) than the lot line
abutting Highway 2 (197 metres), the yard between the buildings and Trulls Road is
considered the front yard. Thus, the proposal to increase the building setback from
Trulls Road requires a variance to the zone’s maximum front yard setback from 5
metres to 6.6 metres.
6.10 For the above stated reasons, it is Staff’s opinion that the application conforms to the
intent and purpose of the Zoning By-law.
Desirable for the appropriate development or use of the land, building or structure
6.11 The appropriate development is a mix of commercial and residential uses that adhere to
good urban design standards is accordance with the Secondary Plan policies and the
Mixed Use zoning. These design standards require buildings to be close to the street,
resulting in a well-defined streetscape that is attractive and motivates people to walk-by.
Shifting one building back 1.5 metres to make room for a restaurant patio will further
contribute to these urban design goals by articulating the streetscape and enlivening the
street.
6.12 Trulls Road is a Type B Arterial road designed to move significant volumes of traffic at
moderate speeds throughout the community. The Trulls Road right-of-way is 20 metres
Municipality of Clarington
Committee of Adjustment A2021-0039 Page 8
wide and the nearest residence is over 33 metres away. The patio is not expected to
generate noise that exceeds the existing ambient road noise.
6.13 As a result of the circulation to staff and agencies, no technical reasons were raised that
would suggest the minor variance should not be approved.
6.14 For the above stated reasons, it is Staff’s opinion that the minor variance requested is
desirable for the appropriate development or use of the subject property.
Minor in Nature
6.15 The development and design policies for the Town Centre within the Courtice Main
Street Secondary Plan and the implementing Mixed Use zoning are intended to create a
well-defined urban space with a strong relationship to the public street to encourage
pedestrian activity. The requested variance to facilitate a street-facing restaurant patio
meets the intent of both the Regional and Clarington Official Plans and the Zoning
Bylaw. Articulating the streetscape by having one building setback slightly further than
the neighbouring building to the south and an open amenity space to the north will
create a well-defined sense of place. The patio use will also encourage pedestrian
activity and enliven the street.
6.16 Planning Staff received no adverse comments from internal departments, agencies nor
the public.
6.17 For the above stated reasons, it is Staff’s opinion that the proposed increased front yard
setback is minor in nature.
7. Conclusion
7.1 It is Staff’s opinion that the application conforms to the intent and purpose of the
Regional and Municipal Official Plans, the Zoning Bylaw, is desirable for the appropriate
development or use of land and is deemed to be minor in nature.
7.2 Given the above comments Staff recommends approving this application for a minor
variance to Table 16A.4 of Zoning By-law 84-63 by increasing the maximum front yard
setback from 5 metres to 6.6 metres to facilitate the development of an outdoor patio
accessory to an Eating Establishment.
Submitted by:
Anne Taylor Scott, Principal Planner
Development Review Branch
Staff Contacts: Mark Jull, Paul Wirch
The following interested parties will be notified of Committee's decision:
Derek Hull