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Home My WebLink AboutPD-74-95y DN: DEV95027.GTAHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PORT P U B L I C M E E T I N G Meeting: General Purpose and Administration Committee File # � _7 ,Z) ` " Date: Monday, July 10, 1995 Res. # Le") Report #: PD -74 -95 File #: DEV 95 -027 By-law # Subject: REZONING APPLICATION - TERRY KLAWITTER NORTH -WEST CORNER OF LIBERTY ST. S. & BASELINE, BOWMANVILLE FILE: DEV 95 -027 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -74 -95 be received; 2. THAT application to amend the former Town of Newcastle Comprehensive Zoning By -law 84 -63, as amended, submitted by Terry Klawitter be referred back to Staff for further processing; and 3. 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 Rezoning Application: from "Service Station Commercial (C7)" and "Urban Residential Type One (R1)" to permit the development of a six bay car wash and an automatic car wash in addition to the existing fuel bar and drive -thru donut kiosk. 1.3 Land Area: 0.45 ha (1.11 acres) 2. LOCATION 2.1 The subject property is located in Part Lot 11, Concession 1, former Town of Bowmanville. The property includes 144 and 146 Liberty Street South and is situated at the northwest corner of Liberty Street and Baseline Road. 543 ....2 REPORT NO. PD -74 -95 PAGE 2 3. BACKGROUND 3.1 The subject rezoning application was received by the Municipality of Clarington Planning and Development Department on April 26, 1995. The site is currently developed with a fuel bar and a drive thru donut kiosk. The applicant is proposing to expand the existing development and land area to permit the development of a 6 - bay coin operated car wash and an automatic car wash. 3.2 The applicant has filed the application stating he is the registered owner of all the lands in question. Subsequently Mr. Charles Hynes has verbally advised staff that he has a 50% ownership in the lands, and that he has a concern with the application proceeding. 4 EXISTING AND 4.1 The existing a drive thru 4.2 Surrounding South: East: North: West: SURROUNDING USES site is currently developed with a fuel bar and kiosk. land uses are as follows: Flying Dutchman Hotel Devonshire Place apartment building Memorial Park Residential dwellings fronting on Baseline Road and Hunt Street. 5 PUBLIC MEETING AND RESPONSE 5.1 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 120 metre prescribed distance. As of the writing of this report, no letters of objection or concern with regards to the applications have been received, except for the verbal concern from Mr Hynes. In addition to ....3 544 REPORT NO. PD -74 -95 PAGE 3 the concern with the proposed rezoning, Mr. Hynes has expressed a concern as it relates to the location of the posted Public Notice signs. Staff have reviewed the sign location and are satisfied the signs comply. 6 OFFICIAL PLAN POLICIES 6.1 Within the Durham Regional Official Plan the subject property is designated Living Area. 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 servicing specialized needs 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. 6.2 Within the former Town of Newcastle Official Plan the subject property is designated Residential. Automobile Service Stations shall be permitted on arterial and collector roads. The major activity of such facilities is the retailing of gasoline and associated products, and may include car washes. The application would appear to conform with the policies of both documents. 7 ZONING 7.1 The current zoning on the subject property is "Service Station Commercial (C7)" and "Urban Residential Type One (R1) ", neither zone would permit the development of a car wash facility, hence the rezoning application for the proposal. 8 AGENCY COMMENTS 8.1 In accordance with departmental procedure the subject application was circulated to a number of agencies and departments for comment. To date comments remain outstanding from the Community Services Department and Clarington Hydro. ....4 J -tJ REPORT NO. PD -74 -95 PAGE 4 8.2 Clarington Public Works Department has advised they have no objection in principle to the proposed zoning change, however detailed drainage and grading information will be required prior to further processing the related site plan application. 8.3 Central Lake Ontario Conservation Authority provided similar comments to those of the Public Works Department noting no objection to the rezoning application, and that additional information with regards to grading, drainage and sedimentation control will be required prior to approval of the site plan application. 8.4 Durham Region Planning Department provided comments advising the subject property is designated "Living Area" in the Durham Plan. Policy 10.3.2 c) of the Plan states, subject to the inclusion of appropriate provisions in the area municipal official plan, special purpose commercial uses serving specialized needs on an occasional basis such as, automotive sales and service are permitted in the Living Area designation. The comments further noted the designation of the lands in the Municipality's Official Plan as being Residential and that the Automobile service Station policies would permit such a use. The comments conclude that the application appears to conform to both Plans. 8.5 Regional Works Department advised that municipal services are provided from Liberty Street. The applicant is required to convey a 3.048 metre road widening and 0.3 metre reserve on the northerly most 17.51 metres of frontage on Liberty Street. In addition, the Region has requested that the Municipality acquire a 3.048 metre road widening on the entire frontage of the future Regional Road (Baseline Road). Additional access to the site from Liberty Street will not be granted, however, the existing access may be relocated. Servicing drawings will be required prior to site plan approval. ....5 5) 4 6 REPORT NO. PD -74 -95 PAGE 5 The Region's request for road widening on the Baseline Road frontage is not consistent with comments received in 1993 when during the processing of the existing site plan agreement for the existing gas station, the Region specifically noted they did not require a road widening. In the event the applicant is not in agreement with the road widening requirement, we suggest the applicant deal directly with the Region Works Department. 9 STAFF COMMENTS 9.1 The applicant is proposing to expand the use and boundaries of an existing fuel bar and drive thru donut development at Liberty Street and Baseline Road. The existing development occupies 0.26 ha (0.64 acres) and is zoned "Service Station Commercial (C7) ". The applicant is proposing to expand the site's land area to the north and west by an additional 0.19 ha (0.47 acres) and introduce a six bay coin operated car wash and one automatic car wash at the north end of the site. 9.2 The proponent has filed applications for both rezoning and site plan approval. To date, the applicant has provided limited information with respect to the site plan details, but has requested that staff process the rezoning application f irst . 9.3 In reviewing this application, Council must be satisfied that there is no adverse effect on adjacent land uses should the car wash be permitted to develop. The applicant is proposing setbacks from adjacent residentially zoned lands of 6.1 and 4.57 metres (20 and 15 feet). The Service Station Commercial zone typically requires a setback of 10 metres (33 feet) where a property abuts a residential zone. 9.4 At this time there appears to be controversy between Mr. ....6 547 REPORT NO. PD -74 -95 PAGE 6 Klawitter, the applicant, and Mr Hynes who claims to be a 50% owner of the land. In addition, there are concurrent severance applications which are not consistent with the rezoning and site plan applications. These outstanding matters must be resolved by the applicant in order to allow the rezoning proposal to be further processed. 9 CONCLUSION 9.1 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 area 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. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P. Director of Planning and Development CP *FW *cc Attachment No. 1 Attachment No. 2 - :Lu 1" Stockwel Chief Administrative Officer Key Map Site Survey Interested parties to be notified of Council and Committee's decision: Charles Hynes 1 Maryleah Court BOWMANVILLE, Ont L1C 4H4 Terry Klawitter 8 Maryleah Court BOWMANVILLE, Ont. L1C 4H4 -- 17-4� SUBJECT SITE LOT 1.1 LOT 10 HIT = -n 0. �I IMF "Joo 0 u JASELINE ROAD u 0 HIGHWAY 401 �� DEV. 95-027 ATTACHMENT #1 5 4 Z I ! LOT a 1 J •� ! (L m N "'o 8 0P0P11 � � � I ...; Y i • `�-- -, %YS, i v %o • LJ�-- l •f� i.9L, j 4 i I T 7 I 7 I / I � I • Z -- -- --------- -1- - - - --- -- - - - --• I ! I � eRiu euliaNa I 5 iG LOT -' 6 I I s I�,� m I II --------------------- - - - Al r BASEL /NE ROAD WEST a. AN 9WRK AmG N tKf 6 pYf ♦ _- -' - - -------------`----------------------------•-------------------- -------------- I ATTACHMENT ,#`2 � D U o'° h �I (r el, � el i ' ar I II i I `I r� I a I ° I IBC I � sr - - -- t-Qu G, /II I I ,P IvK.c SYdR B..v. B- I I Y I N r i 21 I ! LOT F`u I PROPOSEO 6 -BAY C09N OPERATED W WASH !• ne �• - - --- I I I I p; .r I f I - •� 3 ! i r• LOT m N "'o 8 0P0P11 � � � I ...; Y i • `�-- -, %YS, i v %o • LJ�-- l •f� i.9L, j 4 i I T 7 I 7 I / I � I • Z -- -- --------- -1- - - - --- -- - - - --• I ! I � eRiu euliaNa I 5 iG LOT -' 6 I I s I�,� m I II --------------------- - - - Al r BASEL /NE ROAD WEST a. AN 9WRK AmG N tKf 6 pYf ♦ _- -' - - -------------`----------------------------•-------------------- -------------- I ATTACHMENT ,#`2 � D U o'° h �I (r el, � el i ' ar I II i I `I r� I a I ° I IBC I � sr - - -- t-Qu G, /II I I ,P IvK.c SYdR B..v. B-