HomeMy WebLinkAboutPD-107-97P_.1_
DN:DEV97029.GPATHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File # 4`� `� C `. ��
Date: Monday, July 7, 1997 Res. # J /
Report #: PD- 107 -97 File #: DEV 97 -029 By -law #_2-;?' 4�
Subject: REZONING APPLICATION - TERRY KLAWITTER
PART LOT 11, CONCESSION 1, FORMER TOWN OF BOWMANVILLE
(86 BASELINE ROAD, WEST OF LIBERTY STREET)
FILE: DEV 97 -029
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD- 107 -97 be received;
2. THAT application to amend the Comprehensive Zoning By -law 84 -63 of the former
Town of Newcastle, as amended, submitted by Terry Klawitter, be approved;
3. THAT the amending by -law attached hereto be forwarded to Council for approval;
4. THAT a copy of this report and the amending by -law be forwarded to the Region
of Durham Planning Department; and
5. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: Terry Klawitter
1.2 Agent: G.M. Sernas & Associates
1.3 Rezoning: "Urban Residential Type One (R1)" to an appropriate
zone to permit the establishment of an automotive
service centre in conjunction with an existing motor
vehicle fuel bar, donut kiosk and car wash.
1.4 Area:
714 m2
699100
REPORT NO.: PD- 107 -97
2. LOCATION
2.1 The subject property is located in part of Lot 11, Concession 1, former Town of
Bowmanville. It is further described as being on the north side of Baseline Road
between Liberty Street and Duke Street and is municipally known as 86 Baseline
Road.
3. BACKGROUND
3.1 Application for rezoning and site plan approval was received by the Municipality's
Planning Department on April 29, 1997. The adjacent property to the east, also
owned by Mr. Klawitter is developed with an existing automatic and coin - operated
car wash, a fuel bar, and drive -thru donut kiosk.
3.2 The applicant proposes to expand the current list of automotive service type uses
at this location by introducing a Quick Lube service centre on lands fronting on
Baseline Road immediately adjacent to the existing development. A Public
Meeting, in accordance with the requirements of the Planning Act, was held June
16, 1997, for the subject application. Only the applicant's agent appeared at the
meeting, and staff have received no correspondence in opposition or in support
of the application.
3.3 At the request of the Municipality, the applicant submitted a traffic report,
prepared by Trasntech Inc., in support of the application. The report addresses
the impacts of the proposed Quick Lube service centre on both on -site and off -
site traffic movements. The report suggests, based on the consultants
experience, that this type of operation usually has two peak periods: late morning
or early afternoon on Saturdays; and week day p.m. peak period. As a result, the
report was based on traffic counts undertaken on -site and at the Liberty
Street /Baseline Road intersection on Saturday, June 14 and Tuesday, June 17,
69901
REPORT NO.: PD- 107 -97
3.4
3.5
PAGE 3
1997, as well as average daily washes, for the automatic car wash, since it
opened March 4, 1997.
The report states the maximum queue on Saturday was 5 vehicles for the
automatic car wash. No queue for the weekday afternoon peak was recorded.
In addition to monitoring traffic movements on and around the site, the consultant
monitored the operation of a "successful" Quick Lube shop in Burlington for the
same time period. The maximum queue length was 3 vehicles per bay, including
the vehicle in the service bay.
The traffic report concludes that:
i) there will be no impact on the Baseline Road /Liberty Street intersection;
ii) there is adequate on site parking for employees; and
iii) on -site operations will be dominated by queues from the automatic car
wash and the Quick Lube. The maximum queue capacity for the car wash
is 4 vehicles and for the Quick Lube 2 external vehicles. On site traffic
management measures must be enacted to accommodate the maximum
demand for the Quick Lube and to ensure no interference with the
automatic car wash.
4. EXISTING AND SURROUNDING USES
4.1
5.
5.1
Existing Uses: vacant lot
Surrounding Uses: East - existing residential
West - fuel bar, donut kiosk and car wash
South - Flying Dutchman Hotel
North - existing residential and park
OFFICIAL PLAN POLICIES
Within the Durham Regional Official Plan, the subject property is designated
699102
Living Area within the Bowmanville Urban Area boundary. Said designation shall
permit the development of communities with defined boundaries, incorporating
the widest possible variety of housing types, sizes and tenure. The Living Area
policies permit Special Purpose Commercial uses subject to the inclusion of
appropriate policies in the area municipal Official Plan. Special Purpose
Commercial uses are to serve a specialized need on an occasional basis
consuming larger parcels of land and requiring exposure to traffic such as, and
similar in kind to automotive sales and service among other uses. The proposal
appears to conform.
5.2 Within the Municipality of Clarington Official Plan the subject property is
designated "Urban Residential' with a Medium (M) density symbol in the vicinity,
within the Memorial neighbourhood (No. 3) of the Bowmanville Urban Area.
Subject to the policies of Section 10.10 of the Clarington Official Plan, service
stations are permitted in any land use designation. In consideration of these
policies and the existing, adjacent development, the application is deemed to
conform.
6. ZONING BY -LAW PROVISIONS
6.1 The site is currently zoned "Urban Residential Type One (131) ". Said zone only
permits the development of a single family dwelling, a semi - detached dwelling
and a duplex. Non - residential uses include a home occupation and a place of
worship. The proposed service centre is not permitted.
7. AGENCY COMMENTS
7.1 In accordance with departmental procedures, the application was circulated to
obtain comments from other departments and agencies. The following
departments /agencies in providing comments, offered no objection to the
application as filed:
® Clarington Fire Department
699103
REPORT NO.: PD- 107 -97
• Regional Planning
• Ministry of Transportation
• Northumberland - Clarington Public School
• Clarington Hydro Electric Commission
PAGE 5
7.2 Clarington Public Works Staff provided comments that relate to both the rezoning
and the site plan application. Works staff reviewed the traffic study and are
satisfied with the findings and recommendations. As a result, they have no
objection to the rezoning application subject to various conditions to be included
in the site plan agreement. Some of these conditions include expansion of the
on -site sewer system to accommodate the additional land area and proposed
development, a road widening on Baseline Road and a 2% cash -in -lieu of
parkland dedication.
7.3 Central Lake Ontario Conservation Staff have advised they have no objection to
the proposed rezoning. However, they require appropriate sedimentation and
erosion controls in the site design to be included in the site plan approval. In
addition, it was noted that written permission from Central Lake Ontario
Conservation is required prior to the commencement of filling or grading on site.
7.3 Regional Works Staff commented they have no objection to the principle of the
application. The existing water and sanitary sewer connections to the property
could be re -used for the service centre, subject to passing inspection.
Furthermore, Baseline Road is designated a Type 'A' arterial. As this road is
under the jurisdiction of the Municipality, the Region requested the Municipality
acquire a 3.0 metre road widening on their behalf.
8. STAFF COMMENTS
8.1 The applicant is proposing to expand the existing service station use, in both land
area and number of uses. The current application proposes the development of
699104
REPORT NO.: PD- 107 -97 PAGE 6
a Quick Lube service centre adjacent to the south -west limits of the existing site.
The applicant has suggested, if successful, he will build a two -bay brick structure
on the subject property.
8.2 The "Service Station Commercial Exception (C7 -3)" zone on the adjacent lands
to the east includes a 'motor vehicle service station' as a permitted use. The
applicant proposes to extend this zoning, or at least this permitted use on to the
subject lands, to allow the development of the Quick Lube. The applicant has
proposed a 10 metre setback to the residentially zoned and used property to the
north and west. This is consistent with zone requirements of the C7 zone, for
setback to residentially zoned properties. However, the proposed building does
not meet the front yard setback and frontage requirements of the C7 zone.
8.3 The traffic report submitted in support of the application is found to be acceptable
and a clause with respect to the traffic management measures will be
incorporated into the site plan agreement.
9. CONCLUSION
9.1 In consideration of the agency comments received, the traffic report submitted in
support of the application and the above comments, staff have no objection to the
proposed rezoning.
6991115
REPORT • 'D PAGE 7
Respectfully submitted,
Franklin Wu, M.C.I.P., R.P.P.
Director of Planning
and Development
CP *FW *df
27 June 1997
Attachment No. 1 - Key Map
Attachment No. 2 - Site Plan
Attachment No. 3 - By -law
Reviewed by,
W.H. Stockwell
Chief Administrative
Officer
Interested parties to be notified of Council and Committee's decision:
Terry Klawitter
8 Mary Leah Court
Bowmanville, Ontario
L1 C 4H4
G.M. Sernas & Associates Limited
110 Scotia Court, Unit 41
Bowmanville, Ontario
L1 N 8Y7
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®EV. 97 -429
ATTACHMENT NO. 2
699108
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 97-
being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the
Corporation of the former Town of Newcastle
WHEREAS, the Council of the Corporation of the Municipality of Clarington recommend
approval of Zoning By -law Amendment application DEV 97 -029 to permit the
establishment of a Quick Lube service centre;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. "22.4.4 Special Exceptions Service Station Commercial (C7 -4) Zone
Notwithstanding the provisions of Section 21.3 those lands zoned (C7) on the
schedules to this By -law shall be subject to the following zone regulations:
a) Lot Frontage (minimum) 20 metres
b) Yard Requirements (minimum)
(i) Front Yard 10 metres
(ii) Interior Side Yard 0 for that side yard that is
adjacent a "C7" zoned
property
2. Schedule "3" to By -law 84 -63, as amended, is hereby further amended by
changing the zone designation from:
"Urban Residential Type One (RI) to "Special Exceptions Service Station
Commercial (C7 -4)"
as shown on the attached Schedule "A" hereto.
3. Schedule "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 1997.
BY -LAW read a second time this day of 1997.
BY -LAW read a third time and finally passed this day of 1997.
MAYOR
CLERK
699`109
699110
This is
Schedule "A" to By —law 97—
,
passed
this day of
1997 A.D.
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