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Home My WebLink AboutPSD-009-05 . . Cl~mgron REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 24,2005 Report #: PSD-009-05 File #: ZBA 2004-050 e(?,L) -b;2J.-.-c-:>-S- By-law #: Subject: REZONING APPLICATION FOR A FUEL BAR, CONVENIENCE STORE AND CAR WASH APPLICANT: MARTIN ROAD HOLDINGS LIMITED (THE KAITLlN GROUP) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-009-05 be received; 2, THAT the application for Zoning By-law Amendment (ZBA 2004-006) submitted by Mr, Kelvin Whalen on behalf of Martin Road Holdings Limited to change zone category of a 0.78 ha parcel of land to permit a convenience store, fuel bar and a car wash be referred back to staff; 3, THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: \",-, n R' db C )~"-C\~ .(/UC L eVlewe y. ' ( Franklin Wu Chief Administrative Officer Da :J. Crome, M,C,I.P"R.P,P, Director, Planning Services JW/DJC/lb 19 January 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 . 601 REPORT NO.: PSD.009-05 1.0 APPLICATION DETAILS PAGE 2 1.1 Applicant: Martin Road Holdings Limited 1 ,2 Agent: Kelvin Whalen 1.3 Zoning by-law Amendment To change the zone category from "Holding-Urban Residential Type One ((H) R1)" to an appropriate zone to permit the development of a convenience store, fuel bar and a car wash 1.4 Site Area: 0.78 hectares 2.0 LOCATION 2.1 The land subject to the amendment is located on the northwest corner of Aspen Springs Drive and Martin Road/Durham Road 57, in Bowmanville, being Part Lots of 15, Concession 1 in the former Township of Darlington. (see Attachment 1 ). 3.0 BACKGROUND 3.1 On October 29, 2004 Staff received applications to amend the zone category of the above land to develop a convenience store with a drive-through restaurant 300 m2 (3200 sq ft), a car wash and a fuel bar. After, the public notice for this application was circulated and prior to the meeting the application was revised to delete the drive-through restaurant component. The application is now for a convenience store up to 100 m2 (1076 sq ft), a fuel bar and car wash facility. 3.2 This Zoning amendment requests the rezoning of the land from "Holding-Urban Residential Type One ((H) R1)" to an appropriate zone to implement the proposed development. 4.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES 4.1 The subject site is currently vacant 4,2 Surrounding Uses North - South - East - West - Vacant lands for a future GO station and the St. Lawrence and Hudson Railway Aspen Springs Drive and residential development Martin RoadlDurham Road 57 and residential development Future GO train station parking lot 602 REPORT NO.: PSD-009-05 5.0 OFFICIAL PLAN POLICIES PAGE 3 5.1 In the Durham Region Official Plan the lands are designated Living Area. In addition to residential uses, limited commercial development is permitted in this designation, in accordance with the local Official Plan. 5.2 The Clarington Official Plan designates the subject lands as Urban Residential, within the Westvale Neighbourhood of the Bowmanville Urban Area. Within the Urban Residential designation limited commercial uses may be permitted which by the nature of their activity, scale and design are supportive of, compatible with and serve the residential uses. The "corner store" or neighbourhood oriented small scale commercial uses are intended to provide items or services of daily necessity for the residents of the surrounding neighbourhoods. In addition Section 10,10 of the Official Plan outlines the requirements for development of service stations. Service stations may generally be established in any urban land use designation. 5.3 The applicant is requesting permission to develop a convenience store as part of a car wash and a fuel bar on a 0.78 ha site at the corner of Durham Road 57 & Aspen Springs Drive. 6.0 ZONING BY-LAW 6.1 Comprehensive Zoning By-law 84-63 as amended, zones the lands as "Holding- Urban Residential Type One ((H) R1)", A zoning by-law amendment will be required in order to proceed with this development. 7.0 PUBLIC MEETING 7,1 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. 7.2 From the notice provided the Municipality has received a letter from a resident on Martin Road, objecting to this development. The following summarizes the concerns raised: . The proposed location is in a residential community . There are three drive-through facilities at Waverly and Baseline already, plus two others on Highway NO.2 near Clarington Blvd; . Two gas stations with car wash facilities are also located at Baseline and Waverly, as well as the PetroCan at Boswell and Highway No.2, . There are existing convenience stores at the Clarington Centre as well as along Highway NO.2 in downtown Bowmanville, 603 REPORT NO.: PSD-009-05 PAGE 4 . The proposed development will create additional traffic, noise, environment pollution, blazing night lights, garbage and further congestion on Martin Road 8.0 AGENCY COMMENTS 8,1 The Clarington Engineering Services Department, Emergency and Fire Services and CLOC noted that they have no objections to this zoning change. Further detailed comments will be provided through the site plan approval process. 8,2 The Region of Durham Planning Department provided comments with respect to conformity to the Durham Region Official Plan, Regional services, transportation, access, Provincial Policies and delegated Provincial review responsibilities. The Durham Planning Department noted that the proposed uses are permitted subject to the inclusion of appropriate provisions and designations in the area municipal plan, 8.3 Comments have not been received from the Durham Region Works Department, or St. Lawrence and Hudson Railway 9.0 STAFF COMMENTS 9.1 Attachment 1 shows the proposed development as applied for including a convenience store, a drive-through restaurant and gas bar with a car wash. In order to facilitate the proposed development, an amendment to the current zoning designation is required, 9,2 The applicant has revised the application to ensure the commercial component is no greater than 100 m2 in keeping with the Official Plan policies, A revised sketch has not been submitted at this time. The applicant has also agreed to eliminate the drive-through restaurant. 9,3 The issues raised by the public comments as well as from outstanding agencies that will be reviewed and considered in future reports. 10.0 CONCLUSIONS 10.1 The purpose of this report is to satisfy the requirements of the Public Meeting under the Planning Act. Taking into consideration all of the comments received, it is respectfully recommended that this application be referred back to Staff for further processing and the preparation of a subsequent report. List of Interested Parties to be advised of Council's decision Evelyn Fraser Kelvin Whalen 604 Lot 15 . 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