HomeMy WebLinkAboutPSD-036-06
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REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, April 10,2006
Report #: PSD-036-06
File #: ZBA 2006-0003
By-laY( #:
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Subject:
REZONING TO PERMIT A GAS STATION, CAR WASH AND CONVENIENCE
STORE
APPLICANT: EASTMAN HOLDINGS LTD.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-036-06 be received;
2. THAT the rezoning application submitted by Thyagarajah Sivakumer on behalf of
Eastman Holdings Ltd. be referred back to staff for the preparation of a subsequent
report; and
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
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Reviewed by:
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Franklin Wu,
Chief Administrative Officer
a Id (1. Crame, M.C.I.P., R.P.P.
Director of Planning Services
BH/CS/DJC/df
4 April 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-036-06
Page 2
1.0
1.1
APPLICATION DETAILS
Owner:
Eastman Holding Ltd.
1.2 Rezoning: from "General Commercial Zone (C1)" to include a gas station, car wash
and convenience store in addition to permitted general commercial uses.
The proposal is to construct an addition to the existing building and
renovate the fuel pumps and canopy. The proposed drive-thru car wash is
111.32 square metres and includes a 10 car stacking lane. The second
storey of the existing building would be converted to a caretaker
residence. The service station would be removed and replaced with a
convenience store. The existing building would also include the
automotive parts retail store, and additional retail uses.
1.3 Location:
216 King Avenue East, Newcastle Village
Part Lot 27, Concession 2, former Village of Newcastle
1.4 Date:
Application received February 6, 2006.
2.0 BACKGROUND
2.1 Established prior to 1960, the site has been operating as a gas bar, automotive repair
shop and automotive part retail store.
2.2 Site plan approval was issued in 1988 (DEV88-068) to expand the service bays, and
further amended in 1994 (DEV94-034) to permit the development of a propane tank.
2.3 The site is serviced by municipal water and sewers.
3.0 PUBLIC NOTICE AND SUBMISSIONS
3.1 Public notice was given by mail to each landowner within 120 metres of the subject
property and a public notice sign was installed on the King Avenue frontage.
3.2 As of the writing of this report, staff received only one written submission opposing the
application. The writer's concerns include:
. Stacking requirements are too low. For similar car washes the queue can, at peak
times, be up to 16 cars, which may result in cars stacking on King Avenue causing
a hazardous traffic situation.
. The stacking lane is 10m from residential property lines. The emissions from
idling cars may have an effect on the air quality for the residents in the rear yard.
. Noise from the car wash and idling cars will in the queue have a negative impact
on the surrounding residences.
3.3 These comments will be addressed under section 9 of this report.
REPORT NO.: PSD-036-06
PAGE 3
4.0 URBAN DESIGN AND SITE CHARACTERISTICS
4.1 Located on the north side of King Avenue East, the lands are occupied by one building,
and one gas bar with four pumping stations. The original building on the west side is
one story with a white stucco fac;ade, a blue parapet along the top and contains two
bays for automotive repair;
The east side is a two storey concrete block addition with one repair bay with the
remainder of the space being used for automotive parts retail and storage.
There are 4 fuelling pumps in front of the building and a propane dispenser is located on
the west side of the site. The structure is setback approximately 19 metres from the
street.
The lands are relatively level with no significant environmental features close to the site.
The site is mostly paved with a minimal amount of landscaping.
4.2 Surrounding Uses:
Directly to the north are single family detached residences on a cul-de-sac. A chain link
fence and an established cedar hedge currently separate the uses. East of the site is a
single detached residence; the zoning has recently been amended to permit a coin-
operated car wash and a street orientated 2 storey retail unit. South of the site, there
are old single detached residences (5 identified heritage houses) and a fire hall. To the
west is a church with an attached manse, and a park which is the proposed future site
of the Newcastle Library.
4.3 The car wash will be added on to the west side of the building, and a garbage enclosure
and loading space provided at the east side. The scale of the additions is compatible
with the existing building. However, the fac;ade should be upgraded to improve the
aesthetics of the community as this site has a high profile due to its location along
Highway 2.
Due to the additional development of the site, additional parking is required which could
result in the majority of the area being paved, leaving little area for landscaping.
REPORT NO.: PSD-036-06
PAGE 4
5.0 PROVINCIAL POLICY STATEMENT
5.1 The Provincial Policy Statement identifies settlement areas as the focus of growth and
their vitality and regeneration should be promoted. Redevelopment of the site to include
the convenience store, car wash and upgrades to the gas bar is consistent with the
Provincial Policy Statement.
6.0 OFFICIAL PLAN CONFORMITY
6.1 The Durham Region Official Plan designates the subject property as Main Central Area.
Living Areas are to be used predominantly for housing purposes. Convenience stores
and automotive service station uses which are compatible with their surroundings are
permitted. This proposal is consistent with the Regional Official Plan.
6.2 Official Plan Amendment 43, adopted by Council on March 1, 2006, renamed the
designation from Newcastle Village "Main Central Area" to "Village Centre."
6.3 Development within Village Centres are planned with an integrated and diverse mix of
uses. The pedestrian environment is paramount in all Village Centres and is enhanced
through development which is human in scale, buildings of high architectural quality and
pedestrian scale lighting. Public safety will be enhanced in the design and siting of
buildings to provide visibility, easy access, multiple routes and unobstructive views from
streets and buildings. These areas are to provide a diverse mix of uses and particularly
redevelopment is encouraged to intensify with residential uses.
6.4 The Newcastle Village Centre Secondary Plan designates the property General
Commercial Area. Objectives of this plan include emphasizing increased densities,
quality urban design and to diversify retail uses. The Municipality, in cooperation with
local businesses, will encourage fac;ade and signage improvements.
REPORT NO.: PSD-036-06
PAGE 5
7.0 ZONING BY-LAW CONFORMITY
7.1 The property is zoned "General Commercial Zone (C1)" which does not permit a
convenience store, gas station, or car wash, hence the subject application.
7.2 The service station is a legally non-conforming use as it existed prior to the 1984 Zoning
By-law.
8.0 AGENCY COMMENTS
8.1 In consideration of the nature of the application to allow a convenience store as an
accessory use to an existing gas station, the application was circulated to a limited
number of agencies.
8.2 There were no objections to rezoning the property to permit the gas bar, car wash and
convenience store. Comments received primarily dealt with site plan servicing issues.
Enqineerinq Services
. The entrances must be modified to a standard configuration and be aligned
perpendicular to the roadway.
. A 2% cash-in-lieu of parkland contribution will be required from the applicant.
. All necessary securities for entrance works, storm sewer connection, and
landscaping must be provided.
Durham Reqional Works
. Municipal servicing is available through an existing 200mm watermain and an
existing 300 mm sanitary sewer.
. As part of the site plan approval process, the applicant is required to submit:
o Water consumption rates; including anticipated peak demand
o Clarification on water recycling rates during car washes, if applicable
o Total discharge flows to the sanitary sewer; with clarification on how the
solids disposal will be addressed
. The applicant is responsible for the full cost of any servicing required to
accommodate the proposal.
Veridian Connections
. A clear accommodation area for the corporation's transformer must be provided.
. The applicant must make direct application to Veridian to obtain specific approval
of the electrical service arrangements and related work for this project.
REPORT NO.: PSD-036-06
PAGE 6
9.0 STAFF COMMENTS
9.1 The subject site is zoned C1, General Commercial under Zoning By-law 84-63 of the
Former Town of Newcastle. Permitted uses within the zone include retail commercial,
existing motor vehicle service stations and fuel bars and a residential dwelling unit as
part of a building containing a permitted non-residential use.
9.2 King Avenue is the main east/west route through Clarington and Newcastle Village.
Due to their high visibility, buildings along this road, and in particular, within the Main
Central Area, should demonstrate a high quality of urban design in their fac;ades and
landscaping.
9.3 The proposal should include an upgrade to the existing fac;ade to enhance architectural
quality and complement the existing surrounding buildings.
9.4 The existing hedge at the rear of the site acts as a visual and noise barrier between the
commercial and residential uses. The redevelopment proposal should include the
preservation and maintenance of the hedge.
9.5 The stacking requirement for a drive-thru car wash is 10 cars to accommodate peak
hour demands. This requirement is consistent with other car-washes such as the one
located at the corner of Hwy. 2 and Darlington Boulevard.
9.6 A noise study has been prepared and submitted to determine the impact of the car
wash on nearby residences. The study recommends that a 3 m sound barrier fence
along the 60 m north property line and a 2.4 m sound barrier fence west of the car
vacuums be constructed. The study also recommends that the hours of operation for
the car wash be limited to the day and evening periods only, preferably from 7:00 to
21:00.
9.7 A lighting study must be prepared to ensure that light will not adversely impact
surrounding properties or traffic operations on Highway 2.
9.8 The Zoning By-law requires two loading spaces, but the site can only accommodate
one. One loading space will be sufficient to service the site; the issue can be addressed
through this zoning amendment.
9.9 A landscaping plan has been provided. Landscaping will be further modified and
upgraded through site plan approval.
9.10 If the rezoning is approved, Eastman Holdings Ltd. will be required to enter into a site
plan agreement with the Municipality of Clarington prior to any building permit being
issued.
REPORT NO.: PSD-036-06
PAGE 7
10.0 RECOMMENDATIONS
10.1 Based on the comments in this report, it is respectfully recommended that the rezoning
application be referred back to staff for further review and the preparation of a
subsequent report.
Attachments:
Attachment 1 - Key Map
List of interested parties to be advised of Council's decision:
Thyagarajah Sivakumar
Joseph Miller
R Attachment 1
eport PSD-036-06
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