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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 RHfCOSIDJCfdf 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 :! ~ .. E ~ III Q. .. ::E c o :; u o ... ~ .. Q. o ~ 11. Ijr'J ii""i ! ,',' I- ~ en ' w ' 3: Cl i! c5li ..., " u.. ! ,. w' z I - , ....I I" w' en! ~ !!n ! Ii , I: 1'1 ~ I } ,I I II jl ,I ! 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"~~ a\fO~ A31~3L\VM ~---- ~~ /- - "V' 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. , , ,- = J ! o Cl Ci 0:: G:i '--I/~!M -oJ ~ -- 0:: w >' <I s: i - ; ! ~ 1- -, " /" P.oRrl/ ..""......-1- / ~""'. z.ooi :=::.~ ~ ~- .. w__ ",...'''''' -. ....,~......... -..... ~ Zoning Change From "(H)C5" To "C7-1" Jim Abemethy, Mayor Patti L. Barrie, Municipal Cieri< E ROAD WEST BASEUNE ROAD WEST ~l " (!i '" ~ ~ '" RE w I I 0 ~ " ~n /": SPICER SQUARE --- HIGHWAY 401/ Bowmanville