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HomeMy WebLinkAboutPSD-021-14 Clarftwn REPORT PLANNING SERVICES DEPARTMENT PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 14, 2014 Resolution#: i( - 1 By-law#: C f -1 Report#: PSD-021-14 File#: ZBA 2014-0005 SUBJECT TO CONSTRUCT AN LCBO RETAIL STORE AND AN INTER-PARCEL LANEWAY APPLICANT: COURTYARD PROPERTY INVESTMENTS INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-021-14 be received; 2. THAT the Zoning By-law application submitted by Courtyard Property Investments Inc., to permit the construction of an LCBO retail store, continue to be processed and that a subsequent report be prepared; and 3. THAT all interested parties listed in Report PSD-021-14 and any delegations be advised of Council's decision. Submitted by: Reviewed by: `"` , D id . Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer PW/COS/df 9 April 2014 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE ON L1C 3A6 T 905-623-3379 REPORT NO.: PSD-021-14 PAGE 2 1. APPLICATION DETAILS 1.1 Applicant: Courtyard Property Investments Inc. 1.2 Proposal: To permit amendments to Zoning By-law 84-63 sufficient to allow the construction of a street-related LCBO retail store and an inter-parcel laneway. 1.3 Area: 6,809 m2 (1.68 ac.) 1.4 Location: 1437 Highway 2 & 4 Darlington Boulevard, Courtice 2. BACKGROUND 2.1 In June of 2003, Council approved the purchase of the southern portion of the lands that were previously part of the Waltzing Weasel property (PSD-087-03). The intent of this purchase was two-fold: • Create a pedestrian connection between Foxhunt Trail and Darlington Boulevard; and • Obtain land for the future construction of a rear laneway that would extend from Darlington Boulevard to Townline Road South. 2.2 On March 4t", 2014, Courtyard Property Investments Inc. (CPI) submitted a Zoning By- law amendment application for the construction of an LCBO retail store, south of the existing restaurant, within the rear parking area. 2.3 Since the current property was not of sufficient size to accommodate all of the built and functional requirements of the proposed LCBO, the Owner approached the Municipality with an offer to purchase the lands that the Municipality had previously acquired in 2003. Council has declared the Municipal lands, south of the subject property, as surplus. The condition attached to that declaration was that those lands continue to accommodate a pedestrian walkway and an inter-parcel laneway, as was envisioned by the Municipality's original property acquisition. A purchase and sale agreement has been reached with the Owner which will relocate the pedestrian walkway further to the south and result in the construction of their portion of the inter-parcel laneway. 2.4 The principals of Courtyard Property Investments Inc., through a separate company, also own the neighbouring property to the west, containing Swiss Chalet, CIBC, et al. In order to facilitate improved traffic flow and parking efficiency across both sites, it is proposed to merge these two properties on title. A temporary connection between the parking areas of the two properties has already been constructed. REPORT NO.: PSD-021-14 PAGE 3 2.5 A few of the reports that were submitted in support of this application include: • A Planning Rationale Report; and • A Parking Study. A summary of these reports is included in Section 7 of PSD-021-14. 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property is located at the southwest corner of Regional Highway 2 and Darlington Boulevard in Courtice. This site is currently occupied by The Courtyard restaurant at the north, a parking area in the centre of the site and a vacant area at the south end of the site. Though the subject property fronts onto Regional Highway 2, and the main entrance to the building faces this road, the vehicular access to the property is from Darlington Boulevard. A restaurant was constructed and has continued to operate at this location since 1999; first as The Waltzing Weasel and now as The Courtyard. FIGURE 1 _ A V "The Courtyard" restaurant—Viewed facing southeast 3.2 The surrounding uses are as follows: North - Retail, commercial service and medical office (Shoppers Drug Mart, commercial strip plaza, Courtice medical building) South - Low-density residential East - Fuel bar (Esso) and low-density residential West - Retail and commercial service (Swiss Chalet, CIBC, Wimpy's, et al.) REPORT NO.: PSD-021-14 PAGE 4 Figure 2 .^ T .�_ 9's�^ � •• , '� _rr -fir . .HIGHWgY " --- 2 r �^ Z C� d 0 The subject site and surrounding properties 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement 2005 and 2014 The objective of both the 2005 and the 2014 versions of the Provincial Policy Statement (PPS) is the promotion of efficient land use and development patterns which facilitate economic growth while protecting both public health and the environment. One of the stated means of fulfilling the requirements of the PPS is to maintain and enhance downtowns and mainstreets. Within the Courtice context Regional Highway 2, between Townline Road and Darlington Boulevard, serves as a mainstreet for the community. REPORT NO.: PSD-021-14 PAGE 5 4.2 Growth Plan for the Greater Golden Horseshoe (Growth Plan) The policies of the Provincial 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 within existing built up areas. The subject property is located within the Provincially-defined "Built Boundary". 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. 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the subject site as "Regional Corridor". Lands within this designation are expected to be developed as high-density, mixed-use areas supporting higher order transit services and pedestrian oriented development. The long-term density target for "Regional Corridors" is a floor space index (FSI) of 2.5. While the proposed development will only create an FSI of 0.2, this project will remain principally in-line with the existing zoning rights for this site. 5.2 Clarington Official Plan — Land Use The portion of the site on which the LCBO retail store is proposed to be located is designated "Commercial" within the Courtice Main Street Secondary Plan. The long term goal is for properties within the "Commercial" designation to redevelop into a more compact form. The Courtice Main Street Secondary Plan was approved by Clarington Council on January 28, 2013. However, it is not yet in full force and effect since the adoption by Regional Council has been appealed to the Ontario Municipal Board. As a result, the majority of the subject site remains designated "Mixed Use Area", within the Courtice West Shopping District, and the southernmost portion of the site is designated "Urban Residential". The proposed LCBO will be located exclusively within the "Mixed Use Area" of the site. 6. ZONING BY-LAW 6.1 The subject lands are zoned in Zoning By-law 84-63 as follows: • "Special Purpose Commercial (C5)"; • "Holding - Special Purpose Commercial ((H)C5)"; and • "Urban Residential Type One (R1)". REPORT NO.: PSD-021-14 PAGE 6 6.2 The proposed LCBO retail store is permitted on the northern portion of the subject site which is zoned "C5". The southern portion of the site requires an amendment to Zoning By-law 84-63 to permit commercial uses. Site specific amendments to the zoning regulations are required. 7. SUMMARY OF BACKGROUND STUDIES 7.1 Planning Rationale Report The intent of this application, as outlined in the Planning Rationale Report, is to seek appropriate, site-specific regulations that will accommodate an already permitted, retail development on the subject site. An LCBO retail store (beer, liquor and wine outlet) is already permitted within the current "C5" zoning. However, a number of the functional and built form requirements require modification to accommodate development on this site. According to the Owner's Planning Rationale Report, the proposed development will have four benefits: 1. Move the built form to the street edge on Darlington Boulevard; 2. Improve vehicular access from Darlington Boulevard; 3. Provide a more efficient parking arrangement; and 4. Introduce retail activity onto Darlington Boulevard. The Planning Report concludes that the construction of an LCBO retail store will contribute to the development of Courtice as a complete community by expanding on the range of retail services available to its residents. 7.2 Parking Study A Parking Study, prepared in support of this application, reviewed two items related to the anticipated parking demands resulting from this development. • The currently experienced parking demands across the subject site and the neighbouring site to the west; and • The anticipated parking demands generated by an LCBO retail store. The Parking Study reported that: • The existing restaurants and the proposed LCBO will experience slightly offset peak parking demands; • The Courtyard restaurant generates a minimum of 65 vehicles to their site during weekend meal times; • Based on winter parking counts, the Swiss Chalet / CIBC site generates as much as 80 vehicles to their site during peak periods; • For its size, the proposed LCBO is anticipated to generate a maximum of 30 parking spaces; and • The total parking supply, across both sites, is 206. REPORT NO.: PSD-021-14 PAGE 7 The Parking Study can be summarized as follows: Table 1 Property & Use Required Expected Parking Parkin The Courtyard 42 65 LCBO 31 30 Swiss Chalet, CIBC, et al. 113 80 TOTAL PARKING NEEDS 186 175 PARKING PROVIDED 206 206 PARKING SURPLUS 20 31 The Parking Study concludes that, following the construction of an LCBO retail store, parking across both the subject site and the neighbouring site to the west will continue to meet the minimum requirements of the Zoning By-law. 7.3 Review of the Parking Study 7.3.1 Demand on the Swiss Chalet/CIBC site Absent from the Parking Study was an acknowledgment that there are still two units which are vacant within the Swiss Chalet/ CIBC site. Should those units be occupied in the future, and the site fully tenanted, the parking demands will only increase. Based on past experience and the potential future traffic generation from the vacant units it is Staff's opinion that the peak parking requirements of the Swiss Chalet/ CIBC site will be at least 113 as required by the Zoning By-law. 7.3.2 Demand on The Courtyard/LCBO site Based on historical experience, and reinforced by current observations, it is Staff's opinion that the peak parking requirements of The Courtyard restaurant alone will be at least 75. While the LCBO site used in the comparative example was almost 200 m2 (2,150 ft2) larger than the retail store proposed for Courtice, the comparison site is also located within 2 kms of another LCBO location. The nearest LCBO to the Courtice site would be almost 5 kms away in Oshawa. This means that the Courtice store will potentially serve a larger catchment area and more customers than the comparison store. Anecdotally, the highest periods for sales at the LCBO are during the Christmas season and during the summer. The parking analysis done in February would reflect one of the lower sales periods for the LCBO. As such, the numbers provided in the Parking Study for anticipated traffic volumes to the proposed LCBO should be viewed as being minimum traffic numbers rather than peak traffic numbers. Therefore, it is Staff's opinion that the peak parking requirements of LCBO will be at least 31. REPORT NO.: PSD-021-14 PAGE 8 8. PUBLIC NOTICE AND SUBMISSIONS 8.1 Public notice was given by mail to each landowner within 120 metres of the subject site and two public meeting notice signs were installed on the property. The public notice was also posted on the Municipal website and in the Planning Services electronic newsletter. 8.2 As of the writing of this report, Staff received three public inquiries. All inquiries requested further information about the application. One neighbouring resident expressed support for the application while also sharing the opinion that the parking at The Courtyard restaurant is always busy and especially in summer when the patio is open. Another neighbouring property owner expressed concern about the sufficiency of the current vehicle stacking requirements on Darlington Boulevard. 9. AGENCY COMMENTS 9.1 Durham Regional Planning and Economic Development Department The Regional Planning Department has noted that the Phase 1 and Phase 2 Environmental Site Assessment (ESA) reports, prepared in support of this application, are more than 18 months old and should be updated (the Phase 1 ESA is 24 months old and the more detailed Phase 2 ESA is 23 months old). The Regional Planning Department recommends that a Record of Site Condition (RSC) be submitted to the Ministry of the Environment and that an Acknowledgement Letter be received confirming that this site has not been selected for audit. 10. DEPARTMENTAL COMMENTS 10.1 Emergency and Fire Services and Engineering Services The Emergency Services and the Engineering Services Departments have both expressed no objection to the proposed applications. Two new accesses to the site are proposed off Darlington Boulevard. The south access is to facilitate the future construction of a rear lane from Townline Road to Darlington Boulevard. The locations of both accesses are acceptable to the Municipality. The intersection of Darlington Boulevard and Region Highway 2 is signalized. A traffic study has not been required for this proposal. 10.2 Finance Department The Finance Department has confirmed that the taxes on the subject property have been paid up-to-date. REPORT NO.: PSD-021-14 PAGE 9 11. DISCUSSION 11.1 An LCBO store in Courtice will fill a gap in commercial services currently existing and often expressed by residents. 11.2 Compatibility At this time, the southern portion of the subject site will retain residential zoning. No development is presently proposed for that portion of the site. Zoning By-law 84-63 contains a requirement that a landscape strip or privacy fence must be constructed between a commercial zone and a residential zone. The intent of this requirement is to provide a buffer and/or screen between commercial properties and residential neighbours in order to provide existing or future residents with sufficient privacy and to mitigate potential noise, light and other intrusive impacts. The proposed LCBO will be located over 23 metres (75) from the existing residential neighbour to the south (8 Darlington Boulevard). The buffer between the proposed LCBO and the residential neighbour will include a landscape buffer and a walkway. In addition, a new privacy fence will be constructed on the Owner's property. The potential land use impacts on the surrounding residential properties, will be mitigated through the site plan review process including noise, privacy and excessive lighting in accordance with standard municipal practice. 11.3 Urban Design / Built Form The urban design objectives for the Courtice Main Street have not yet been implemented in the Zoning By-law. In the interim, all development approvals are encouraged to conform to these design objectives. In particular, staff will be seeking the following through the site plan process: • The eastern fagade of the building along Darlington Boulevard include materials and design elements sufficient to give the appearance of a two-storey massing as required by the Courtice Main Street Secondary Plan; • The northern and western fagade of the building include significant projections (for wall sections and pillars) and roofline articulations (for wall sections and towers) to maximize building character; • All refuse bins and grease bins, on both the subject site and the abutting site to the west (which is to be merged with the subject site), are placed inside an existing building or inside a roofed enclosure to be constructed to match the architectural design and materials of the proposed and existing buildings respectively; • A 2.0 metre pedestrian walkway is provided proximal to the south property line and extends east-west from Darlington Boulevard to the Foxhunt Trail walkway; and • A 2.0 metre pedestrian walkway is provided along the north-south property line shared by the subject site and the abutting site to the west to which it is to be merged. REPORT NO.: PSD-021-14 PAGE 10 Figure 5 Refuse bins located in parking stalls to the south of the Swiss Chalet building 11.4 Inter-parcel Laneway and Pedestrian Walkway to Darlington Boulevard As stated in Section 2.3 of Report PSD-021-14, an inter-parcel laneway will be required to be constructed as a condition of the purchase of the surplus Municipal lands behind The Courtyard site. In addition, the current pedestrian walkway extends from Foxhunt Trail to Darlington Boulevard through a portion of the subject site which is expected to form the future, inter-parcel laneway. It remains the Municipality's interest that a pedestrian walkway be maintained in this area. The construction of the relocated walkway will need to take place prior to the removal of the existing pedestrian walkway so that a pedestrian connection remains open and available through the entire construction period. Figure 6 Existing pedestrian walkway at Darlington. Boulevard viewed facing west REPORT NO.: PSD-021-14 PAGE 11 11.5 Vehicular Entrance Requirements along Darlington Boulevard There are two setback requirements in the Zoning By-law for vehicular entrances that apply to this site as follows: i) Setback of a commercial entrance to a residential zone The proposed southerly entrance will be adjacent to a landscaped boulevard and pedestrian walkway which will retain its residential zoning at the present time. The intent of the 7.5 metre setback for commercial driveways from the side yard lot line of residential zones is to avoid conflicts between the commercial and residential traffic entering the roadway from abutting properties. The proposed southerly driveway entrance will be located over 12 metres (39') from the property line of the existing residential neighbour at 8 Darlington Boulevard so the intent of the regulation is maintained even if it is technically adjacent. ii) Setback of commercial property entrances from intersections The proposed relocation of the northerly property entrance will place it approximately 32 m (105') from the intersection of Regional Highway 2 and Darlington Boulevard. The intent of the setback for commercial driveways from an intersection is to avoid conflicts between the traffic pulling out of a site and the traffic passing by a site. The Engineering Services Department have determined that the proposed entrance will not create a traffic conflict. 11.6 Parking The parking spaces that are proposed on the subject site (75) exceed the minimum number of parking spaces required for the existing and proposed uses by Zoning By-law 84-63. However, due to the location of several high volume businesses and the layout of the two sites, Staff continue to have concerns that parking needs may exceed the standard requirements contained in Zoning By-law 84-63. Staff noted that several parking spaces are currently unavailable due to accommodation for snow storage and the placement of refuse bins. The Parking Study indicates that the restaurants and the LCBO retail store will likely experience overlapping peak traffic periods in the late afternoon and early evening. The other businesses within the Swiss Chalet/ CIBC site (bank, bakery, home healthcare retail and dentist) are expected to have their traffic generation more evenly spread throughout the day and throughout the week. 12. CONCURRENCE — Not applicable REPORT NO.: PSD-021-14 PAGE 12 13. CONCLUSION 13.1 The purpose of Report PSD-021-14 is to provide background information for a Public Meeting under the Planning Act. Staff will continue processing the application including the preparation of a subsequent report. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Carlos Salazar, Manager, Community Planning & Design Branch Attachments: Attachment 1 - Key Map List of interested parties to be notified of Council's decision: David White, Courtyard Property Investments Inc. Steven Zakem, Aird & Berlis LLP Tony lezzi, c/o Maria lezzi Mark Stanisz Jeff Goldman, Durham Custom Homes o Property Location Map(Courtice) a N ° LEX 0 I > NAGH ROAD - H ROAD DOF}HAU HIGHWAY NAs RTF lE PARK DR SOLE COURT '// �a�� / �IAtE PARK DR D o --- �' WRHAM HIGHWAY? I¢ NlcNWAYZ " :� YVVRi'1RRY�: 'YTT/+All Subject Site a KIRGS Y ArE o bNGSP �// S Qc Lands to be rezoned with ® Existing sidewalk to be relocated special regulations j ZBA 2014-0005 Zoning By-law Amendment 0 m Lands to be rezoned for inter-parcel laneway and delivery area 0 Owner:Courtyard Property Investments Inc -� D C/) v 00 1 CD cD .A