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Home My WebLink AboutPD-77-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: KLAWIITER.GPA REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File # 4` EV`97`Dbq? q Monday, June 16, 1997 Res. # '� ` % Date: PD -77 -97 File #: DEV 97 -029 By -law #____ ---- Report #: Subject: REZONING APPLICATION - TERRY KLAWITTER PART LOT 11, CONCESSION 1, FORMER TOW OF BOWMANVILLE 86 BASELINE ROAD, WEST OF LIBERTY 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 -77 -97 be received; application to amend the Comprehensive Zoning By -law 84 -63 of the former 2, THAT app � Terry Klawitter, be referred back Town of Newcastle, as amended, submitted by Y to staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; and 3 THAT the Durham Region Planning Department o d all's t ec sled parties listed in this report and any delegation be advised of 1. APPLICATION DETAILS 1.1 Applicant: Terry Klawitter 1.2 Owner: G. M. Sernas & Associates appropriate 1.3 Rezoning: "Urban Residential Type One (R1) " to an pp p riate 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 1 2. LOCATION 2.1 The subject property is on the north side of Baseline Road between Liberty Street and Duke Street and is municipally known as 86 Baseline Road. The property is further described as being located in part of Lot 11, Concession 1, former Town of Bowmanville. 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, was subject of a rezoning application in 1995 for a car wash. That application was approved by Council and appealed to the Ontario Municipal Board where the zoning was upheld. A site plan agreement was executed October 1996, for the car wash and the site is now operational with three uses; motor vehicle fuel bar, donut kiosk and car wash. 4. EXISTING AND SURROUNDING USES 4.1 Existing Uses: vacant lot 4.2 Surrounding Uses: West - existing residential East - motor vehicle fuel bar, donut kiosk and car wash South - Flying Dutchman Hotel North - existing residential 5. OFFICIAL PLAN POLICIES 5.1 Within the Durham Regional Official Plan the subject property is designated "Living Area within the Bowmanville Urban Area ". This designation permits 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 6 12 policies in the area municipal official plan. Special purpose commercial uses, such as, and similar in kind to automotive sales and service uses are f land and specialized need on an occasional basis consuming larger parcels o requiring exposure to traffic. 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. The lands are within the Memorial neighbourhood (No. 3) of the Bowman ille Urban Area. Subject to the policies of Section 10.10 of the Clarington official Plan service stations are permitted in any land use designation. Section 10.1 0.3 states that "service stations will not be permitted at intersections or other locations which Council deems to have important visual significance for gateways to communities ". This intersection would appear to provide a gateway to the Bowmanville urban area, however, in consideration of the current development status of the site, this policy would be difficult to implement at this time. The balance of the policies in Section 10.10 provide predominantly for items to be considered during the site plan approval process. 6. ZONING BY -LAW PROVISIONS Said zone only 6.1 The site is currently zoned Urban Residential Type One (R1) ". permits the development of a single family dwelling, a semi- detached dweling and a duplex. Non - residential uses include a home occupation and a place worship. The proposed service centre is not permitted. 7. PUBLIC NOTICE AND SUBMISSIONS 7.1 Pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. In addition the appropriate notice was mailed to each landowner and tenant within the prescribed 120 metre (400 ft.) distance of the subject property. 7.2 As of the date of the drafting this report, no enquiries with respect to the application have been received. 8. AGENCY COMMENTS 8.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following department /agencies in providing comments, offered no objection to the application as filed: Clarington Fire Department, Northumberland Clarington Board of Education and Clarington Hydro Electric Commission. 8.2 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. In addition, it was noted that written permission from C.L.O.C. is required prior to the commencement of filling or grading on site. 8.3 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. Because this road is under the jurisdiction of the Municipality, the Region requested the Municipality acquire a 3.0 metre road widening on their behalf. A similar widening was requested and received from the adjacent lands to the east when the rezoning was approved. 604 9. STAFF COMMENTS 9.1 The applicant is proposing to expand the existing service station uses, in both land area, and number of uses. The current application proposes the development of 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. 9.2 The "Service Station Commercial (C7 -3)" zone on the lands immediately to the east includes a "motor vehicle service station j as a permitted use. The applicant ect to the application. This would sub wishes to extend this zoning on the lands permit the development of a Quick Lube centre. The proposed site plan indicates a 10 metre setback to the residentially zoned and used property to the north and west, from the proposed automotive service centre. This would comply with the zone setback requirements. 9.3 The balance of the site as noted above is currently developed with a fuel bar, donut kiosk and car wash. Due to the additional traffic that would be generated by the Quick Lube, staff are of the opinion that on -site traffic movements, as well as impacts on the adjacent road network must be examined in detail. As a result, a traffic study detailing impacts of both on -site and off -site traffic movements is required prior to further consideration of this report. 10 CONCLUSION 10.1 The purpose of this report is to facilitate the Public Meeting as required by the Planning Act, to provide Committee and Council with some background on the application submitted and for staff to indicate issues or areas of concern regarding the subject application. It is recommended the application be referred back to staff for further processing and subsequent report upon resolution of the above issues and receipt of all outstanding comments. 6 j5 REPORT PD-77-97 PAGE 6 Respectfully submitted, r, Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development CP *FW *cc Attachment No. 1 - Key Map Attachment No. 2 - Site Plan June 5, 1997 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, Ont. Li C 41-14 G.M. Sernas & Associates Ltd. 110 Scotia Court, Unit 41 Whitby, Ontario L1 N 8Y7 6 ul 6 SUBJECT SITE LOT 11 LOT 10 C111JJ ui z Xan- I o v� w U Z O U BA LINE ROAD U Z O U L� HIGHWAY 401 m 9 BOWMANVILLE KEY MAP DEV. 97 -029 ATTACHMENT NU. i ATTAGHMtN I NU. 4 6'.� i� I' �TT I� II I� Iii mmAm O +$ 6 ' i Im Ir In 13 Iso mm su+. _ — I ns mm s +R I .'xe3F $ego x.. ,. 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