HomeMy WebLinkAboutPSD-065-06
REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, June 5, 2006
Report #:File #: By-law #:
PSD-065-06 ZBA 2006-0003
Subject: REZONING TO PERMIT A GAS STATION, CAR WASH AND CONVENIENCE
STORE
APPLICANT: EASTMAN HOLDING LTD.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-065-06 be received;
2. THAT the rezoning application submitted by Thyagarajah Sivakumer on behalf of
Eastman Holding Ltd. be APPROVED and that the attached zoning by-law amendment
be adopted by Council; and
3. THAT all interested parties listed in this report and any delegations be advised of
Council’s decision.
Submitted by: Reviewed by:
David J. Crome, M.C.I.P., R.P.P. Franklin Wu,
Director of Planning Services Chief Administrative Officer
BH/CS/DJC/jd/df
30 May 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-065-06 PAGE 2
1.0 APPLICATION DETAILS
1.1 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, tanks 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 (DEV 94-034) to permit the addition 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. A public
meeting was held by the Municipality on April 10, 2006, to consider concerns from local
residents.
3.2 Concerns from the public meeting, telephone conversation and letters include:
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Lightning Levels
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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.
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The stacking lane is 10 m from residential property lines. The emissions from
idling cars may have an effect on the air quality for the residents in the rear yard.
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Noise from the car wash and idling cars will in the queue have a negative impact
on the surrounding residences.
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Signage and façade improvements
REPORT NO.: PSD-065-06 PAGE 3
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Hours of Operation
3.3 The applicant committed himself at the public meeting to work with staff to address
these issues and improve the design. These comments will be addressed under
section 9 of this report.
4.0 URBAN DESIGN AND SITE CHARACTERISTICS
4.1Located 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 façade, 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 four 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 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 façade should be upgraded to improve the
aesthetics of the community.
REPORT NO.: PSD-065-06 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.
Convenience stores and automotive service station uses 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
Newcastle Village “Main Central Area” to “Village Centre.”
6.3 Developments 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 façade and signage improvements.
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 legal 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.
REPORT NO.: PSD-065-06 PAGE 5
Engineering Services
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The entrances must be modified to a standard configuration and be aligned
perpendicular to the roadway.
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A 2% cash-in-lieu of parkland contribution will be required from the applicant.
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All necessary securities for entrance works, storm sewer connection, and
landscaping must be provided.
Durham Regional Works
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Municipal servicing is available through an existing 200 mm watermain and an
existing 300 mm sanitary sewer.
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As part of the site plan approval process, the applicant is required to submit:
Water consumption rates; including anticipated peak demand
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Clarification on water recycling rates during car washes, if applicable
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Total discharge flows to the sanitary sewer; with clarification on how the solids
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disposal will be addressed
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The applicant is responsible for the full cost of any servicing required to
accommodate the proposal.
Veridian Connections
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A clear accommodation area for the corporation’s transformer must be provided.
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The applicant must make direct application to Veridian to obtain specific approval
of the electrical service arrangements and related work for this project.
9.0 STAFF COMMENTS
9.1 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 façades and
landscaping.
The proposal includes an upgrade to the existing façade to enhance architectural quality
and complement the existing surrounding buildings. Upgrades include brick façade with
mouldings, colour variations, and extra divisions and shutters around the second storey
windows.
9.2 All signage will be shown on the site plan and is subject to site plan approval. The scale
of the proposed signage will be appropriate for the development and will be consistent
with other central area signs.
9.3 The applicant will submit a lighting plan prior to site plan approval, demonstrating zero
light trespass at the property line. All light levels must comply with IESNA standards
and the fixtures will be full cut-off. This will ensure adjacent property owners and traffic
operation on King Avenue are not negatively impacted by this development.
9.4 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
REPORT NO.: PSD-065-06 PAGE 6
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. The applicant has agreed to limit the car wash hours of operation to the
recommended time.
9.5 The existing hedge at the rear of the site is not an adequate noise barrier. The hedge
will be removed and replaced with an acoustical wood fence.
9.6 The stacking requirement for a drive-through 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 Highway 2 and Darlington Boulevard.
9.7 A new propane refill station will be installed on the property. Within the Propane
Storage and Handling Code, the minimum distance between tank and property line for a
propane refill centre is 3 metres provided that the tank capacity is less than 7500 Litres.
9.8 A landscaping plan has been provided. Landscaping will be further modified and
upgraded through site plan approval.
9.9 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.
9.10 Although responsibilities for remediation of contaminated sites have been delegated to
the Municipality, the Fuels Safety Division of the Technical Standards and Safety
Authority (TSSA) governs the remediation of existing gas station sites. Their protocol
covers spills, leaks and the discovery of petroleum leaks and spills into the environment
both on the property and beyond the property boundary and site restoration. The
protocol includes surface and subsurface chemical remediation criteria for potable and
non-potable groundwater environments. Normally, all necessary environmental reports
and site remediation must be completed in advance of site plan approval. Although
contamination may exist on operational gas station sites, the TSSA protocol was
developed to permit gas stations to remain operational until site plan approval is granted
and a building permit is issued. In conjunction with the building demolition and site
redevelopment process, Eastman Holding Limited will conduct all necessary
environmental studies to ensure that all contamination is removed to the satisfaction of
TSSA. This permits the station to remain operational until the redevelopment phase is
initiated.
10.0 RECOMMENDATIONS
10.1 Based on the comments in this report, it is respectfully recommended that the rezoning
application be APPROVED as contained in Attachment 2.
Attachments:
Attachment 1 – Key Map
Attachment 2 – By law
REPORT NO.: PSD-065-06 PAGE 7
List of interested parties to be advised of Council's decision:
Thyagarajah Sivakumar
Joseph Miller
REPORT NO.: PSD-065-06 INTERESTED PARTIES LIST
Name Company Address City Province Postal
Code
Thyagarajah Sivakumar Eastman Holding 216 King Avenue East Newcastle, ON L2B 1H5
Ltd.
Joseph Miller millerjoe@sympatico.ca (905)434-0687
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006-______
being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to
amend By-law 84-63, as amended, of the former Town of Newcastle in accordance with
applications ZBA 2006-0003 and SPA2006-0004 to permit a convenience store and car wash as
permitted uses;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality
of Clarington enacts as follows:
1. By adding a new Section 22.4.8 respecting lands zoned C7-8, as follows:
“22.4.8 SERVICE STATION COMMERCIAL EXCEPTION (C7-8) ZONE
Notwithstanding Section 21.3.i, and 22.1, those lands zoned C7-8 on the Schedules to
this By-law shall be subject to the following zone regulations:
a. Residential Uses
i) Dwelling units as part of a building containing a permitted non-residential
use(s).
b. Non-Residential Uses
i) Business, Professional or Administration Office;
ii) Convenience Store;
iii) Dry Cleaners Distribution Centre;
iv) Laundry – coin-operated;
v) Motor Vehicle Fuel Bar
vi) Motor Vehicle Wash
vii) Retail Commercial Establishment;
viii) Service Shop, Light;
viiii) Service Shop, Personal;
c. Bulk Fuel Storage Tanks
Bulk propane storage tanks located above ground shall be located in accordance
with the provisions of the Propane Storage and Handling Code adopted by the
Technical Standards and Safety Authority.
2. Schedule “5” to By-law 84-63 as amended, is hereby further amended by changing the
zone designation from: “General Commercial (C1) Zone”, to “Service Station Commercial
Exception (C7-8) Zone” as illustrated on the attached Schedule “A” hereto.
3. Attachment “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 read a first time this day of 2006
BY-LAW read a second time this day of 2006
BY-LAW read a third time and finally passed this day of 2006
___________________ _
John Mutton, Mayor
___________________
Patti L. Barrie, Municipal Clerk