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HomeMy WebLinkAboutPSD-021-14 Addendum Cladiwa REPORT PLANNING SERVICES DEPARTMENT Meeting: COUNCIL Date: April 28, 2014 Resolution#: By-law#: Report#: Addendum to File#: ZBA 2014-0005 PSD-021-14 Subject: TO PERMIT THE CONSTRUCTION OF AN LCBO RETAIL STORE APPLICANT: COURTYARD PROPERTY INVESTMENTS INC. RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Addendum to 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, be approved with a 'Holding (H) Symbol' as contained in Attachment 3 to Addendum to Report PSD-021-14; 3. THAT a by-law be forwarded to Council to lift the 'Holding (H) Symbol' at such time as the requirements contained in Section 3.9 of the Addendum to Report PSD-021-14 have been completed to the satisfaction of the Directors of Planning Services and the Director of Engineering Services; 4. THAT the Region of Durham Planning and Economic Development Department and the Municipal Property Assessment Corporation be forwarded a copy of the Addendum to Report PSD-021-14 and Council's decision; and 5. THAT all interested parties listed in Addendum to Report PSD-021-14 and any delegations be advised of Council's decision. 7 Submitted by: Reviewed by: David rome, MCIP, RPP nklin Wu, Director of Planning Services Chief Administrative Officer PW/DC/sn April 22, 2014 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE ON L1C 3A6 T 905-623-3379 REPORT NO.: ADDENDUM TO PSD-021-14 PAGE 2 1. APPLICATION DETAILS 1.1 The operation of a "beer, liquor and wine outlet", such as the proposed LCBO retail store, is already permitted on the northern portion of the subject site. This application is for the following items: • To permit the east wall of the LCBO to be located along Darlington Boulevard; • To permit the northerly entrance to the property to be located 32 metres (105) from the intersection of Regional Highway 2 and Darlington Boulevard; • To permit the southerly entrance to the property to be located 12 metres (39') from the property line of the existing residential neighbour at 8 Darlington Boulevard; and • To rezone lands near the south end of the site to permit a private, inter-parcel laneway as well as a portion of the service and delivery area for the proposed LCBO. 2. PUBLIC COMMENTS 2.1 Comments received from the public, both prior to and at the Public Meeting, included the following concerns: • Traffic congestion on Darlington Boulevard; • Sufficient on-site parking; • Alternate locations in Courtice; • Proximity to a residential area; • Students using the walkway to Foxhunt Trail; • The Public Notice Signs were knocked down; • Loss of existing mature trees. 3. STAFF RESPONSE TO PUBLIC COMMENTS 3.1 Traffic The Engineering Services Department has requested that a southbound turn lane be provided from Highway 2 to the first entrance into the subject site on Darlington Boulevard. This will prevent traffic congestion in the vicinity of the intersection with Regional Highway 2. In addition, to avoid traffic congestion caused by customers parking on Darlington Boulevard, the Engineering Service Department has advised that the northern portion of the road will be classified and signed for "No Parking". 3.2 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. By merging The Courtyard property with the Swiss Chalet/CIBC property to the west, the Applicant will provide additional overflow parking opportunities in the immediate vicinity of both The Courtyard restaurant and the proposed LCBO. The REPORT NO.: ADDENDUM TO PSD-021-14 PAGE 3 entrance to the LCBO is located in the northwest corner of the building to maximize its ability to readily utilize spaces in the centre of the merged site (see Attachment 2). Further accommodations proposed by the Applicant (such as directing staff to park in the underused areas at the back of the site) will maximize customer parking opportunities at the front of the site. This will be a busy site and parking will be at a premium in certain periods. There is a large pool of parking in the general vicinity which would also allow alternative parking options in the area. 3.3 Alternate Locations in Courtice There were two delegates that offered alternate fully-serviced sites. Durham Custom Homes stated that the LCBO would be much better suited at their site at 1475 and 1485 King Street East). They noted that it could be the lynchpin to move their development forward in a way that would be mutually beneficial for the Municipality, given its plans for Tooley Mill Park and Farewell Creek Trail. While the Durham Custom Homes site may be a better site, the LCBO has chosen the subject site. The municipal interest is for the "planned function" for the area as a whole. The Durham Custom Homes site and the subject site are both within the "Commercial" designation of the West Gateway Precinct in the Courtice Main Street Secondary Plan. Both sites have zoning that would allow for an LCBO store. The LCBO conducts detailed evaluations of both markets and sites prior to proceeding with new store construction. Many sites in Courtice and east Oshawa were considered by LCBO before a decision was made to select the current site. Given that there have been no talks in the past year with Durham Custom Homes about their site, it would appear that the LCBO has determined the subject site is best for their current needs. 3.4 Proximity to a Residential Area The proposed LCBO store will be located over 23 metres (75') from the residential property to the south (8 Darlington Boulevard). The inter-parcel laneway will be located 12 metres (40') from the residential neighbour. Between the proposed LCBO and the residential neighbour will be a walkway and a landscape buffer. The Site Plan approval will require a new privacy fence to be constructed near the joint property line of the LCBO site and all abutting, residential neighbours. The potential land use impacts on the surrounding residential properties will be mitigated. The Site Plan application will include an evaluation of noise, privacy and excessive lighting in accordance with standard municipal practice. 3.5 Walkway to Foxhunt Trail The principal of S.T. Worden Public School (1462 Nash Road) has advised staff that students in the residential areas south of Regional Highway 2 have access to school bus service. Despite this fact, several students do choose to walk or bike to school and some of those will use the existing pedestrian walkway from Foxhunt Trail to Darlington Boulevard. Therefore, the construction of the relocated pedestrian walkway, further REPORT NO.: ADDENDUM TO PSD-021-14 PAGE 4 south on the same site, should be completed and open to the public prior to the removal of the existing walkway. In addition, in subsequent discussions with the applicant, they advised that a north- south walkway could not be accommodated because of the loss of parking spaces. As an alternative, the applicant offered to construct the sidewalk on Darlington Boulevard from the east-west walkway to Highway 2. 3.6 Public Notice Signs An inspection by Staff revealed that both Public Notice Signs had been knocked down since first being erected on March 21 st, 2014 (see Figure 1 and Figure 2). It is unclear whether the signs came down due to weather, mischief or improper installation. However, it does not appear that there was malicious intent to prevent public notification of this application. The Applicant has been advised to re-install the signs which was done. FIGURE 1 FIGURE 2 �Iw k, g 50E0N6uBW4&WHIR i Iwiibti >� -_-_ - 6 Isnrewtt. WI ne7 1 I i uMYS - �-.I 1 3.7 Existing Trees Several mature trees will be removed from this site to accommodate the proposed LCBO store. This includes trees along Darlington Boulevard and at the south end of the property near the residential neighbours. As previously noted, a new landscape buffer and a privacy fence will be constructed beside the residential neighbours. During the Site Plan review process, staff will work with the Applicant to ensure that an appropriate number and type of trees are planted in this area which meet or exceed the Municipal Landscape Design Guidelines. 3.8 Store Size To clarify a point that was stated by the Applicant's solicitor during the Public Meeting on April 14th, the Bowmanville LCBO has a gross floor area of 1,316 m2 (14,167 ft2) which is over 40% larger than the proposed Courtice LCBO which will have a gross floor area of 929 m2 (10,000 ft2). REPORT NO.: ADDENDUM TO PSD-021-14 PAGE 5 FIGURE 2 � III Bowmanville LCBO from Green Road, viewed facing southwest. 3.9 It is Staff's opinion that the issues raised before and during the Public Meeting can be satisfactorily addressed and/or mitigated as part of the Site Plan review process. In order to ensure that the key site development issues are implemented prior issuing a building permit for the construction of the LCBO store, it is recommended that a Holding (H) Symbol be placed on the property. The conditions for lifting the Holding (H) Symbol would be an executed site plan agreement that provides for: a. improvements to Darlington Boulevard to prevent traffic congestion in the vicinity of its intersection with Regional Highway 2; b. the construction and maintenance of an inter-parcel laneway, along with the requisite easements for the other commercial properties within the block; C. the construction of the relocated pedestrian walkway, connecting the Foxhunt Trail walkway to Darlington Boulevard to be completed and open to the public prior to the removal of the existing walkway; d. arrangements with the Municipality for the construction of a sidewalk connecting the Foxhunt Trail walkway to Regional Highway 2; e. -ILCBO building-elev-ations-along-Darlington_Boulevard-to-contain horizontal-and- -- _- vertical articulation similar to the Bowmanville LCBO store; and f. Grading, servicing and stormwater management plans satisfactory to the Engineering Services Department. 4. CONCURRENCE 4.1 This report has been reviewed by the Director of Engineering Services, who concurs with the recommendations. REPORT NO.: ADDENDUM TO PSD-021-14 PAGE 6 5. CONCLUSION 5.1 Approval of the attached Zoning By-law Amendment will permit the construction of an LCBO retail store as shown on Attachment 2. The corresponding Site Plan amendment will improve traffic flow and parking efficiency across the subject site and the neighbouring commercial site to the west. The resulting development will contribute to and strengthen the position of west Courtice as an active commercial centre. 5.2 It is recommended that the proposed Zoning By-law Amendment (Attachment 3 of Addendum Report to PSD-021-14) be approved with a Holding (H) Symbol. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: X Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Paul Wirch, Planner II, Community Planning & Design Branch Carlos Salazar, Manager, Community Planning & Design Branch Attachments: Attachment 1 - PSD-021-14 Attachment 2 - Site Plan showing LCBO Entrance Attachment 3 - Zoning By-law Amendment List of interested parties to be notified of Council’s decision: David White, Courtyard Property Investments Inc. Steven Zakem, Aird & Berlis Tony Iezzi, c/o Maria Iezzi Mark Stanisz Jeff Goldman, Durham Custom Homes Phyllis Milburn Don Bergman John Pavicic ATTACHMENT 1 TO ADDENDUM TO PSD-021-14 REPORT PLANNING SERVICES DEPARTMENT PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 14, 2014 Resolution#: By-law#: 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 a Vi'd"F Crom , 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 4th, 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 S AF "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 f Ax.E rs oft- �e HIGHW AY -- " Z TIP w 92 Y r.. o ` M f A 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 Parking 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) c IV N w 0 CcLovL­11 � rvnsn Reno wun FOw DURHAM HIGHW112 I� niePnHKOa 0...uc PARrc ow OuR'rgM HW'AV Z Subject / � w Site �I I 0 aaaann:r � ti K \ uq o Lands to be rezoned with special regulations ® Existing sidewalk to be relocated ZBA 2014-0005 Zoning By-law Amendment O CD Lands to be rezoned for -a inter-parcel laneway and delivery area O Owner:Courtyard Property Investments Inc -o - � v 0 ZT 03 m r � � h EST 2 ATO PSp-02�_�4 To AppENpUM T w fl U 4 7 ADURHAM HIGHWAY 2 3 Q J a 0 z J Q •t. i't�T�?:t:�p.�I�G�Li'LAN�It'A�.?`'.:;�.::��`;)::��.,��:•� .] RELOCATED SIDEWALK ATTACHMENT 3 TO ADDENDUM TO PSD-021-14 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2014- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2014-0005; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. "Section 20.4 SPECIAL EXCEPTIONS — SPECIAL PURPOSE COMMERCIAL (C5) ZONE is hereby amended by adding thereto, the following new Special Exception zone 20.4.10 as follows: 20.4.10 SPECIAL PURPOSE COMMERCIAL EXCEPTION (C5-10)ZONE Notwithstanding Sections 3.14, 3.16 e., 3.16 i. i., 3.17 a., 19.3 f. and 19.3 j. ii. those lands zoned C5-10 as shown on the Schedules to this By-law shall be subject to the following uses and regulations: a. Where a lot is divided into more than one zone the zone boundary shall not be interpreted to be a lot line as defined herein for the purposes of interpreting zone requirements and general provisions of this By-law. b. Exterior Side Yard 0.3 m (minimum) 5.0 m (maximum) C. Rear Yard 23 m (minimum) d. A portion of the required parking for lands zoned C5-10 may be accommodated in an abutting C1 zone. e. No vehicular entrance shall be permitted within 7.5 metres of the side yard lot line boundary of an abutting property in a Residential. f. Where the interior side or rear lot line abuts a property within a Residential Zone: i. a planting strip adjoining such abutting lot line shall be provided with a minimum width of 1.5 metres; and ii. a privacy fence will be provided and designed as a solid barrier of not less than 1.8 metres in height." 2. Schedule "4" to By-law 84-63., as amended, is hereby further amended by changing the zone designation from: "Special Purpose Commercial (C5) Zone" to "Special Purpose Commercial Exception (C5-10)Zone"; "(Holding) Special Purpose Commercial ((H)C5) Zone" to "Special Purpose Commercial Exception (C5-10)Zone"; and "Urban Residential Type One (R1) Zone" to "Special Purpose Commercial Exception (C5-10)Zone" as illustrated on the attached Schedule"A" hereto. 3. . Schedule"A"attached hereto shall form part of this 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 passed in open session this day of 2014. Adrian Foster, Mayor Anne Greentree, Deputy Clerk This is Schedule "A" to By-law 2014- 1 passed this day of , 2014 A.D. 0 W w O DVRIH,gM HIG8WAY2 W J Z) CO Z 0 z J Q N Zoning Change From"(H)C5"To"(H)C5-10" ®Zoning Change From"C5"To"(H)C5-10" ®Zoning Change From"R1"To"(H)C5-10" �— Zoning To Remain"R1" Adrian Foster,Mayor Anne Greentree,Deputy Clerk NA ft0 D NASH ROAD NASH ROAD N ITMTO O Z ALE PARK OR � RIDLE COURT - LE ARK D L V11Np$0� ' 5 DUR HIGH 2 0 °¢O URHAM HIGHWAY2 3 DURHAM HIGHWgy2 FOXHUNT 1p a0 Q KINGS AV GATE P RE CR m 2 Courtice MA 2014-0005 z o SCHEDULE 4