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HomeMy WebLinkAboutPSD-043-05 . Cl&illgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday, March 29, 2005 Report #: PSD-043-05 File #: ZBA 2002-010 and ZBA 2004-008 ke-c, I{!,fll / 'S /- D'S By-law #;;t:oS 0'/0 Subject: REZONING APPLICATIONS TO PERMIT A CONVENIENCE STORE AND CAR WASH APPLICANT: IMPERIAL OIL LIMITED RECOMMENDATIONS: It is respectfi1lly recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-043-05 be received; 2. THAT the rezoning applications submitted by Evans Planning on behalf of Imperial Oil Limited to permit the redevelopment of a gas station with a convenience store and car wash be APPROVED; 3. THAT the attached By-law contained in Attachment 2 be passed and a copy forwarded to the Regional Municipality of Durham; 4. THAT the Holding (H) symbol be removed by By-law at such time as the applicant has satisfied the provisions of Section 23.4.3 of the Clarington Official Plan; and 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: 6 ~ ~ Franklin Wu Chief Administrative Officer RH*CP*DC*df 16 March 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 667 REPORT NO.: PSD-043-05 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Imperial Oil Limited 1.2 Agent: Evans Planning 1.3 Rezoning: To amend the "Service Station Commercial Exception (C7-5) Zone" and "Urban Residential Type One (R1) Zone" to permit the redevelopment of a gas station with a convenience store and car wash. 1.4 Site Area: 0.54 hectares 2.0 LOCATION 2.1 The lands under consideration include 1451 and 1455 Highway 2 as well as 1 Darlington Boulevard. They are generally located at the southeast corner of Highway 2 and Darlington Boulevard in Courtice (See Attachment 1). The applicant has recently purchased the property at 1 Darlington Boulevard to accommodate the larger proposal. The site area totals 0.54 hectares (1.3 acres). The property is located within Part Lot 34, Concession 2, in the former Township of Darlington. 3.0 BACKGROUND 3.1 Council approved the rezoning of the original application for redevelopment at 1451 and 1455 Highway 2 on June 23, 2003. The proposal included a gas station with a 174 sq.m. convenience store and a car wash. The layout of the site was similar to the current proposal with the car wash being located along the northeastern portion of the property and the convenience store being located along the southern property boundary. 3.2 On March 5, 2004, Staff received a revised set of rezoning applications from Evans Planning on behalf of Imperial Oil Limited to permit the redevelopment of the existing gas station including a convenience store, car wash, and restaurant with a drive-through facility. With the acquisition of property located at 1 Darlington Boulevard, the application has been revised to include an expanded site area. Although the revised application originally contained a drive-through restaurant with the convenience store, the drive-through restaurant could not fulfil the Municipality's drive-through use guidelines. The applicant has now deleted this use from the application. 6G8 REPORT NO.: PSD.043.05 PAGE 3 3.3 At the Public Meeting held for the revised application on June 7,2004, a number of area residents spoke in opposition to the application for the following reasons. · The convenience store may attract teenagers and result in more vandalism in the area. · The close proximity of the car wash to residential properties could result in contaminants draining towards their properties. · The location of the car wash will generate more noise for adjacent residents. · Since the traffic signals at Darlington Boulevard and Highway 2 are already congested, additional traffic from the proposal will cause more congestion. · Increased traffic levels generated by the proposal will make pedestrian street crossing more difficult at the intersection. These issues will be discussed in Section 8.4 of this report. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The developed portion of the property contains a small kiosk with gas pumps covered by a canopy. These lands generally drain towards Highway 2. The property at 1455 currently drains to the south and east. The property at 1 Darlington Road contains a residential dwelling that would be removed through redevelopment. Grading and drainage between the properties would be integrated through redevelopment. 4.2 Surrounding Uses: East: North: West: South: Commercial uses Courtice Medical Centre and Whitecliffe Terrace Seniors Building Waltzing Weasel pub and restaurant Urban residential 5.0 OFFICIAL PLAN POLICIES 5.1 The Durham Region Official Plan designates the property "Sub-Central Area". The proposed amendment is in conformity with the Durham Region Official Plan. 5.2 The Clarington Official Plan designates the property as "Mixed Use" within the Courtice Sub-Central Area Secondary Plan. This land use designation permits mixed use buildings with commercial and residential uses, office buildings, medium and high density residential uses, and community facilities. Although the existing gas station is not contemplated within the current land use designation. Section 10.10 of the Clarington Official Plan permits service stations within any urban land use designation. The proposal is in conformity with the Clarington Official Plan. -G 69 REPORT NO.: PSD.043.05 PAGE 4 6.0 ZONING BY-LAW CONFORMITY 6.1 The property at 1451 and 1455 Highway 2 is currently zoned "Service Station Commercial Exception (C7-5) Zone", which does not permit the proposed restaurant and drive-through facility. The lands located at 1 Darlington Boulevard are currently zoned "Urban Residential Type One (R1) Zone", which does not permit any of the proposed uses. In order to consider the proposed development, a rezoning application was submitted for consideration. 7.0 AGENCY COMMENTS 7.1 The Clarington Emergency Services Department has no objections to the proposed development. 7.2 The Clarington Engineering Services Department has no objections to the rezoning application provided that the following matters are addressed through site plan approval. . The applicant will be required to install a new section of sidewalk in front of the development, which is to connect to the existing sections. . The proposed retaining wall is situated in close proximity to the east and south property lines. The applicant must demonstrate that the retaining wall can be constructed without affecting adjacent private property. . A revised stormwater management plan must be approved by the Durham Region Public Works Department and Central Lake Ontario Conservation. . All necessary securities for entrance works, sidewalk reconstruction, and landscaping must be provided. All entrance works within the Darlington Boulevard road allowance must be constructed to municipal standards. . A 2% cash-in-lieu of parkland contribution will be required from the applicant. 7.3 The Durham Region Planning Department has no objections to the rezoning application provided that all matters relating to operational noise from the car wash are addressed. 7.4 The Durham Region Public Works Department has no objections to the development provided that the following requirements are fulfilled through site plan approval. . Municipal servicing is available to the subject lands through a 300 mm watermain on Darlington Boulevard and an existing 375 mm sanitary trunk sewer on Baseline Road. With the inclusion of the car wash, backflow prevention is necessary to protect the domestic water supply. An inspection manhole is required for the sanitary service. . Highway 2 is designated a Type "B" arterial road. Sufficient road widenings are required to provide a minimum of 15.0 metres from the road centreline to achieve the necessary minimum 30.0 metre width. . A 15.0 metre by 10.0 metre sight triangle is required at the southeast corner of Highway 2 and Darlington Boulevard. - 670 REPORT NO.: PSD-043-05 PAGE 5 . Only right-in and right-out access will be permitted on the access to Highway 2. . A raised centre island median extending across the property's entire Highway 2 frontage will be required. The applicant must pay a proportionate share towards construction of this median. 7.5 Central Lake Ontario Conservation has no objections to the rezoning application provided that revised lot grading/drainage and stormwater management plans are submitted for review through site plan approval. 7.6 Hydro One Networks Inc. has no objections to the rezoning application. The utility has easement rights for anchors and associated distribution equipment on the property. Through site plan approval. they will ensure that their easement rights on the property are maintained. 8.0 COMMENTS 8.1 Staff have completed a review of the development proposal and noted the following issues. . Staff were concerned about the proximity of the car wash stacking lane to the residence located at 3 Darlington Boulevard and potential noise and vehicle emissions that this residence may be subjected to from the operation of the car wash during peak periods. There was little room to move the stacking lane and fulfil the 12 metre setback from a residential zone. . The Municipality's drive-through design guidelines do not permit a stacking aisle to be situated between a building and the road allowance. The proposal showed the stacking lane for the drive-through restaurant in this location. Staff did not support the stacking lane in this location and requested that this be relocated or removed from the proposal. In response to our concerns, Imperial Oil Limited has revised the development proposai in the following manner. In essence, the proposal is similar to the one that Council previously approved with the exception that the site is larger. . The car wash has been relocated to the eastern property line where it was previously located. The stacking lane accommodates 10 cars and has a setback from the residential zone in excess of 12 metres. . The drive-through restaurant component has been removed from the proposal and the convenience store has been reduced in size from 297 sq.m. to 174 sq.m. The building setback to the residence at 3 Darlington Boulevard has been increased from 6.0 metres to 16.1 metres. Staff will ensure that the southern property line will be appropriately landscaped and fenced. 8.2 A revised noise study must be prepared to ensure that noise from the wash operations as well as idling cars do not adversely impact adjacent residential properties. The necessary type of noise and/or privacy fencing along the -671 REPORT NO.: PSD-043-05 PAGE 6 southern property line will be determined by a noise study to be completed by the applicant through site plan approval. 8.3 A revised lighting study must to be prepared to ensure that light will not adversely impact surrounding properties or traffic operations on Highway 2. 8.4 Although a number of issues were raised by surrounding residents at the public meeting, many of these issues will be addressed through site plan approval process. The residents' concerns will be addressed in the following manner. · Area residents are concerned that the convenience store may attract teenagers and result in more vandalism in the area. One of the functions of Central Areas is to serve as gathering places for people. Loitering on the property will be the owner's responsibility. It is the owner's interest to ensure that all people patronize the facility and that it remain clean. · The facility will be designed so that any contaminants used by the car wash and from the parking lot will be trapped and removed by stormceptor floor drains. This will ensure that no contaminants reach adjacent private properties. . The car wash has been relocated towards the northern portion of the site. A noise study will also be prepared to ensure that mitigation measures are implemented to ensure that operational noise do not affect adjacent residents. . Although the proposal will generate additional traffic, the lands are within a Central Area designated for additional growth. Highway 2 is a Type "8" arterial road capable of accommodating the additional traffic. Traffic travelling eastbound can exit the site directly onto Highway 2, where as traffic travelling westbound will have to wait at the intersection, which will cause additional queuing. Staff feel that the additional traffic impacts are not unreasonable given the location. The time delay of the traffic signals at Darlington Boulevard and Highway 2 is the responsibility of the Durham Region Public Works Department. . Traffic generated from the proposal should not have an impact on the ability of pedestrians to cross Darlington Boulevard at Highway 2. Traffic can enter the site through either entrance. Pedestrians do have the right of way at intersections, especially given previous concern about the length of the light at this intersection. 8.5 Although responsibilities for remediation of contaminated sites have been delegated to the Municipality, the Fuels Safety Division of the Technical Standards and Safety Authority (TSSA) governs the remediation of existing gas station sites. Their protocol covers spills, leaks, and the discovery of petroleum leaks and spills into the environment both on the property and beyond the property boundary, and site restoration. The protocol includes surface and subsurface chemical remediation criteria for potable and non-potable groundwater environments. Normally, all necessary environmental reports and site remediation must be completed in advance of site plan approval. Although contamination may exist on operating gas station sites, the TSSA protocol was - 672 REPORT NO.: PSD-043.05 PAGE 7 developed to permit gas stations to remain operational until site plan approval is granted and a building permit is issued. In conjunction with the building demolition and site redevelopment process, Imperial Oil Limited will conduct all necessary environmental studies to ensure that all contamination is removed to the satisfaction of TSSA. This permits the station to remain operational until the redevelopment phase is initiated. 8.6 Redevelopment of the subject lands will also trigger construction of the centre median on Highway 2 from Darlington Boulevard east towards the eastern extent of the Courtice Medical Centre and Whitecliffe Terrace Senior's Building. All existing entrances onto Highway 2 within the affected area will be limited to right- in/right-out status. The applicant will be required to contribute towards the cost of the centre median construction. 9.0 CONCLUSIONS 9.1 The application has been reviewed in consideration of comments received from the circulated agencies, the Clarington Official Plan, and Zoning By-law. In consideration of the comments contained in this report, Staff respectfully recommend that the rezoning application for this development proposal, as contained in Attachment 1. be APPROVED and that the By-law contained in Attachment 2 be passed by Council. 9.2 The proposed Zoning By-law contains the Holding (H) symbol, which will be removed once the applicant has satisfied Staff that the provisions of Section 23.4.3 of the Clarington Official Plan are fulfilled. Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Zoning By-law Interested parties to be notified of Council's decision Murray Evans Arv Sestokas Wayne Bolahood Joe Kryszak Cornelius and Maria Maryn Tony and Maria Iezzi Ken Pasricha 673 ATTACHMENT 1 ----- DURHAM HIGHWAY 2 ~ . o !..ANDSCAPEI g , J 'e > ..J CD Z o l- e!) Z ..J a:: ~ ~ c5 19:~:i~'" 00 ~ ~~]] I L Courtice Key Map o o o o \ 1 I, J ZBA 2004-008 and 2002-010 SPA 2002-009 Zoning By-law and Site Plan Amendments Owner: Imperial Oil Limited 674 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2005_0'17 being a By-Law to amend By-Law 84-63. 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 it advisable to amend By-Law 84-63. as amended. of the Corporation of the former Town of Newcastle in accordance with applications ZBA 2002-010 and ZBA 2004-008 to permit the redevelopment of an existing motor vehicle fuel bar with a convenience store and a car wash; NOW THEREFORE BE IT RESOLVED THAT. the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Service Station Commercial Exception (C7-5) Zone" to "Holding - Service Station Commercial Exception ((H)C7-5) Zone" "Urban Residential Type One (R1) Zone" to "Holding - Service Station Commercial Exception ((H)C7-5) Zone" as shown on the allached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form 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 Section 34 of the Planning Act, R.S.O. 1990. By-Law read a first time this day of 2005 By-Law read a second time this day of 2005 By-Law read a third time and finally passed this day of 2005 John Mullan, Mayor PaUi L. Barrie. Municipal Clerk . 675 ATTACHMENT 2 This is Schedule "A" to By-law 2005- passed this day of .2005 A.D. DURHAM HIGHWAY 2 -.... Q Ill: ~ W ... :l o III Z l:! Cl z ::::i Ill: < Q .................... ................................................ ................................................. ................................................ ................................................. ................................................. ................................................. ................................................. .................................................. ................................................. .................................................................................. ...................................................................................... ..................................................................................... ...................................................................................... ..................................................................................... ...................................................................................... ...................................................................................... ....................................................................................... ...................................................................................... ,\ .::::::::......:................:......::........:..............:........::......:........:......::........:......:....:..::..:::::..::..:.. ~ Zoning Change From "C7-5" To "(H)C7-5" E,.:.:.:.:,.:.:.:.:.:.:.:.:~ Zonl"ng Change From "R1" To "(H)C7-5" t:.:....::::....:::...:J , .. J John Mutton, Mayor Patti L. Barrie, Municipal Clerk . . I I II I I II I:: '" OJ " o 6 ~ ~ [2 Courtlce u 676