HomeMy WebLinkAboutPSD-007-08
Cl~mgron
REPORT
PLANNING SERVICES
PUBLIC MEETING
Date:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ,:i J'
Monday, January 21, 2008 ~C'5CJIIA+i0v1 6 WI-OhD-6l
Meeting:
Report #: PSD-007-08
File #: ZBA 2007-0050
By-Iaw#: JeJo'i\-O/O
Subject:
PROPOSED REZONING APPLICATION
APPLICANT: SHELL CANADA LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-007 -08 be received;
2. THAT provided that there are no significant issues raised at the Public Meeting, the
application to amend the Municipality of Clarington Zoning By-law 84-63, as amended,
as contained in Attachment 2 be APPROVED;
3. THAT a copy of Report PSD-007 -08 and Council's decision be forwarded to the
Regional Municipality of Durham Planning Department; and
4. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
David . Crome, M.C.I.P., R.P.P.
Director of Planning Services
Reviewed by:( ()~--=- Ct }I.-t
Franklin Wu, -
Chief Administrative Officer
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January 15, 2008
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-007-08
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant:
Walker Nott Dragecivic Associates Limited
1.2 Owner:
Shell Canada Limited
1.3 Rezoning Application:
To rezone to subject lands from "Holding - Special Purpose
Commercial ((H)C5) Zone" to "Service Station Commercial
Exception (C7-1) Zone" to allow the lands to be retained by
Shell Canada Limited and used in conjunction with the
existing gas station, car wash, and convenience store
development.
1.4 Area:
0.18 hectares
1.5 Location:
The lands subject to this application are located at the
southeast corner of Waverley Road and Baseline Road West
in Bowmanville, being Part Lot 13, Broken Front Concession,
former Town of Bowmanville (See Attachment 1).
2.0 BACKGROUND
2.1 This application is necessary to implement a long term solution for the ongoing
monitoring of the site remediation works developed for the Shell service station at
Waverly Road and Baseline Road.
2.2 On December 10, 2007, Walker Nott Dragecivic Associates Limited submitted a
rezoning application on behalf of Shell Canada Limited to rezone a 0.18 hectare parcel
of land from "Holding - Special Purpose Commercial ((H)C5) Zone" to "Service Station
Commercial Exception (C7-1) Zone" to allow the lands to be retained by Shell Canada
Limited and used in conjunction with the existing gas station, car wash, and
convenience store development. The subject lands contain an infiltration trench that will
be retained and maintained by Shell Canada Limited as part of their development.
Submission of this rezoning application fulfills a municipal condition of the severance
application LD 118/2007 which has been approved by Land Division Committee.
2.3 Shell Canada Limited redeveloped their existing gas station facility in 2004, which left
land surplus to the operation. They have received approval from the Land Division
Committee to sever a 1.58 hectare commercial parcel of land and meld it with a 5.71
hectare parcel of land owned by Bowmanville Creek Developments Inc. The resultant
transfer of land would permit the development of a highway commercial centre along
Highway 401 around the RONA home improvement store.
REPORT NO.: PSD-007-08
PAGE 3
2.4 Shell Canada Limited agreed to sell the surplus property to Bowmanville Creek
Developments Inc. on the condition that the purchaser assumed full responsibility for all
decommissioning of these lands. As part of the remediation efforts, Bowmanville Creek
installed a collection trench at the southeast corner of the redeveloped portion of the
site, which will now be retained by the applicant for long-term maintenance and
monitoring. The approval contained a condition requiring that a satisfactory Record of
Site Condition be submitted to the Municipality of Clarington and the Durham Region.
Bowmanville Creek Developments Inc. has been working to remediate the lands and
submit the Record of Site Condition for approval.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The site is flat in part and lower in elevation than the Shell Service station site and is
currently vacant.
3.2 The surrounding uses are as follows:
North -
South -
East -
West -
Existing Shell gas station and future highway commercial uses
Future highway commercial uses
Future highway commercial uses
Existing Shell gas station
4.0 PROVINCIAL POLICY
4.1 Provincial Policy Statement
The rezoning application was reviewed in the context of the 2005 Provincial Policy
Statement. The Provincial Policy Statement identifies settlement areas as the focus of
growth and promotes intensification of vacant and underutilized property. The subject
lands are being used to decommission this Brownfield property. The proposed
application supports the intensification and remediation goals of the Provincial Policy
Statement.
4.2 Places To Grow - Provincial Growth Plan
The Provincial Growth Plan focuses new growth within existing urban centres. The Plan
also encourages towns to offer an array of employment opportunities. As the proposal
implements the intensification requirement of the Growth Plan, this application is
consistent with the principles of the Growth Plan.
REPORT NO.: PSD-007-08
PAGE 4
5.0 OFFICIAL PLANS
5.1 Durham Reoional Official Plan
Within the Durham Regional Official Plan, the lands are designated as Living Area.
Since gas stations are permitted within this designation, the application conforms to the
policies of the Durham Regional Official Plan.
5.2 Clarinoton Official Plan
Within the Clarington Official Plan, the subject lands are designated as "Highway
Commercial Districts". These areas are meant to serve the specialized needs of
residents on an occasional basis. Since gas stations are permitted within this
designation, the application conforms to the policies of the Clarington Official Plan.
6.0 ZONING BY-LAW
6.1 Zoning By-law 84-63 zones the subject lands "Holding - Special Purpose Commercial
((H)C5) Zone", In order for subject lands to be retained as part of the existing
development by the owner, an application for rezoning is required.
7.0 PUBLIC NOTICE AND SUBMISSIONS
7.1 Public Notice was given by mail to each landowner within 120 metres of the subject
property. Two Public Notice signs were posted on the Waverley Road and Baseline
Road West frontages.
7.2 As of the date of writing this report, there have been no inquires.
8.0 AGENCY COMMENTS
8.1 The application was circulated to a limited number of agencies and municipal
departments for comment. The Durham Region Planning Department and Clarington
Engineering Services Department have no objections to the proposed application. The
Ministry of Transportation and Central Lake Ontario Conservation Authority received a
courtesy circulation. No comments are expected from these two agencies.
9.0 STAFF COMMENTS
9.1 The purpose of this application is to rezone a portion of property from "Holding - Special
Purpose Commercial ((H)C5) Zone" to "Service Station Commercial Exception (C7-1)
Zone", thus allowing these lands to be retained by Shell Canada Limited and used in
conjunction with the existing gas station. Submission of this application was a municipal
REPORT NO.: PSD-007-08
PAGE 5
condition for approval of the Shell severance. The application is a purely technical
exercise and does not raise any issues. As such, Staff would recommend approval of
the application provided that there are no objections raised by area residents at the
Public Meeting.
9.2 Staff advise that all property taxes have been paid.
10.0 CONCLUSION
10.1 The application has been reviewed in the context of existing Provincial Policy, land use
policies contained in the Durham Regional and Clarington Official Plans, and the
Municipality's Zoning By-law. Based on the comments contained 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 - Zoning By-law Amendment
List of interested parties to be advised of Council's decision:
Joe Cavallo, Shell Canada Limited
Robert Dragecivic, Walker Nott Dragecivic Associates Limited
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Attachment 1
To Report PSD-007-08
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Attachment 2
I()Report PSD-007-0B
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-
being a By-law to amend By-law 84-B3, 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 ~ advisable to
amend By-law 84-B3, as amended, of the Corporation of the former Town of Newcastle in
accordance with application ZBA 2007-0050 to permit the applicant to retain the subject lands;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality
of Clarington enacts as follows:
1. Schedule "3" to By-Jaw 84-63, as amended, is hereby further amended by changing the
zone designation from:
"Holding - Special Purpose Commercial ((H)C5) Zone" to "Service Station Exception (C7-
1) Zone"
as shown on the attached Schedule "A" hereto.
2. Schedule "A" attached hereto shall fonm part of this By-law.
3. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Sections 34 and 36 of the Planning Act, R.S.O. 1990.
By-law read a first time this day of
2008
By-law read a second time this day of
2008
By-law read a third time and finally passed this day of
2008
Jim Abernethy, Mayor
Patti L. Barrie. Municipal Clerk
This is Schedule "A" to By-law 2008-
passed this day of .2008 A.D.
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~ Zoning Change From "(H)C5" To "C7-1"
Jim Abemethy, Mayor Patti L. Barrie, Municipal Cieri<
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SPICER SQUARE
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