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HomeMy WebLinkAboutPD-129-95 DN KLAW117ERGP'A'E CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File Date: Monday, November 20, 1995 Res. Report #: PD-129-95 File #: DEV 95-027 By-law # � Subject: REZONING APPLICATION - TERRY KLAWITTER PART LOT 11, CONCESSION 1, FORMER TOWN OF BOWMANVILLE NORTHWEST CORNER OF LIBERTY STREET AND BASELINE ROAD 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-129-95 be received; 2. THAT rezoning application DEV 95-027 submitted by Terry Klawitter to permit the establishment of a car wash in addition to the existing fuel bar and drive-thru donut kiosk 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 Rezoning Application: from "Service Station Commercial (C7)" and "Urban Residential Type One (R1)" to permit the development of a five bay coin- operated 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) 2 569 REPORT NO. PD-129-95 PAGE 2 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 3. BACKGROUND 3.1 The site is currently developed with a fuel bar and a drive-thru donut kiosk. The applicant is proposing to expand the land area of the commercial development by approximately 0.19 ha (0.47 acre) and introduce the development of a five bay coin-operated car wash and an automatic car wash. This is a reduction of one coin-operated car wash bay from the original application. 3.2 The rezoning and site plan application was received in April 1995 and the statutory Public Meeting was held July 10, 1995. Two people appeared at the Public Meeting in objection to the application. 3.3 Mavis Carlton commented on the existing traffic levels at the intersection of Liberty Street and Baseline Road, suggesting existing traffic levels are a problem and the development of a car wash would further compound the situation. 3.4 Mr Charles Hynes advised Committee that he is 50% owner of the different companies which have title to the subject property. He stated that he and Mr Klawitter were in the process of dividing their holdings, however, at this time he was still part owner of the property and was not in support of the proposal He further advised that the existing tenants have expressed concerns to him with regard to the proposal. He also suggested that the automatic car wash component with reduced sideyard setbacks is not appropriate due to noise concerns for nearby residential properties. 3 570 i REPORT NO, PD-129-95 PAGE 3 4 EXISTING AND SURROUNDING USES 4.1 The existing site is currently developed with a fuel bar and a drive-thru donut kiosk. 42 Surrounding land uses are as follows: South: The Flying Dutchman Hotel East: Devonshire Place apartment building North: Memorial Park West: Residential dwellings fronting on Baseline Road and Hunt St. 5 OFFICIAL PLAN POLICIES 5.1 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 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 5.2 Within the former Town of Newcastle Official Plan the subject property is designated Residential. Section 7 of the Plan provides policies for Automobile Service Stations uses. These uses 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. 6 ZONING 6.1 The current zoning on the subject property is zone "Service Station Commercial (C7)" and "Urban Residential Type One (R1)", The development of a car wash facility is not permitted in the R1 zoned lands, hence the need for the zoning by- law amendment application. ....4 571 REPORT NO. PD-129-95 PAGE 4 7 AGENCY COMMENTS 7.1 In accordance with departmental procedure the subject application was circulated to a number of agencies and departments for comment. The Clarington Fire Department provided no objection to the proposal. 7.2 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. 7.3 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. 7.4 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 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. 7.5 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 ....5 572 REPORT NO. PD-129-95 PAGE 5 Street. In addition, the Region has requested that the Municipality acquire a 3.048 metre road widening on the frontage of the future Regional Road (Baseline Road). The written comments stated additional access to the site from Liberty Street will not be granted, however, the existing access may be relocated. Verbal discussions with Regional Works Staff indicated that, in addition to the existing access to Liberty Street, an exit only at the north limits of the site would be permitted. Servicing drawings will be required prior to site plan approval. 8 STAFF COMMENTS 8.1 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. These details will be finalized should the zoning by-law amendment be successful prior to executing a site plan agreement. The 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 five bay coin operated car wash and one automatic car wash at the north end of the site. 8.2 The purpose of the rezoning application is to rezone the additional lands from R1 to permit the car wash use and to permit a rear yard setback of 6.1 metres to a residential zone instead of the 10 metres typically required in the C7 zone. 83 In support of the application the proponent has submitted an survey of car I washing facilities in the United States. This survey provided a Regional profile of these facilities, concluding that in the Great Lakes area there is an average of 5 bays per location, with an average of 12 coin operated bays competing to serve a market area of approximately 35,300 people. In addition, a sketch depicting potential car queuing patterns for the proposed car wash was provided. It illustrates how cars can be accommodated on-site without impacting the traffic associated with the existing uses. .. .6 I 573 REPORT NO. PD-129-95 PAGE 6 8.4 As noted previously the applicant has revised the side yard setback from the residential properties to the west to 10 metres as opposed to the 4.5 metres originally proposed. The revised west side yard setback would comply with the requirements contained in the C7 zone. Should the application be approved the setback to the north property line would be a special exception to allow a 6.1 m setback instead of the typical 10 metres. 8.5 With regard to the question of ownership, Mr Klawitter, provided staff a copy of the agreement between the Klawitters and the Hynes to divide the assets of the numbered companies. The Klawitter's now have 100% ownership in the subject lands. 8.6 Neither the Region of Durham Works Department or the Municipality of Clarington Public Works Department raised a concern with respect to traffic. The development is at the intersection of Liberty Street and Baseline Road which are designated as type B and type A arterial roads respectively, in the Durham Official Plan. In addition, traffic signals were installed at this intersection over the summer months, which should assist traffic movements through the intersection. 8.7 The 10 metre strip proposed to be rezoned along the west property limits has previously been severed from the properties fronting on Duke Street. These residential properties have lot depths of greater than 41 m (135 ft) and the 10 metre area represents the setback and buffer for the proposed development. The residentially zoned property to the north, proposed to be incorporated in the development, is segregated from similar low density residential uses by the park to the north, the apartment to the east and fuel bar to the south, and makes the most sense as part of the commercial development. 8.7 The proposed car wash use is permitted on C7 zoned lands, subject to zone ....7 574 � REPORT NO. PD-129-95 PAGE 7 regulations. The use is considered compatible with the existing commercial development. The owner has revised the proposed development to provide 10 metre setbacks to the residential uses. A reduced setback is proposed abutting the park, however, the Community Services Department has not raised a concern with respect to the setback proposed from Memorial park. 9 CONCLUSION 9.1 In consideration of the comments contained within this report and those received form the agencies circulated, Staff have no objection to the rezoning application to permit a five (5) bay coin-operated car wash and an automatic car wash in addition to the existing fuel bar and drive-thru donut kiosk. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P., W. H. Stockwell Director of Planning Chief Administrative and Development Officer CP*FW*cc Attachment No. 1 - Key Map Attachment No. 2 - Site Survey Attachment No. 3 - Zoning By-law November 9, 1995 Interested parties to be notified of Council and Committee's decision: Charles Hynes Martin Stevenson 1 Maryleah Court 117 Duke Street BOWMANVILLE, Ont. L1C 4H4 BOWMANVILLE, Ont. L1C 2V8 Terry Klawitter Dan Holkema 8 Maryleah Court 146 Liberty Street South BOWMANVILLE, Ont L1C 4H4 BOWMANVILLE, Ont. L1C 2P4 Mavis Carlton R.R. # 2 Box 14,Group 2 BOWMANVILLE, Ont. L1C 3K3 575 � SUBJECT SITE LOT tl LOT 10 F, Hill LrIn i E 3ASELINE ROAD;(— � z I � % O HIGHWAY 401 � r I a � � DEV .' 95 - 027 ATTACHMENT gl SKETCH OF TOPOGRAPHICAL DETAIL OF ' PART OF LOTS 2,3,4,5,6,7,8 8 9,BLOCK 32, Z ' J ALL ACCORDING TO J GRANT'S PLAN OF LOT I LOT Q 10 I PART OF LOT II,CONCESSION I FORMER TOWN OF BOWMANVILLE,NOW IN THE { MUNICIPALITY OF CLARINGTON g REGIONAL MUNICIPALITY OF DURHAM n_.2� N _y ••{ J m.o� LOT 2 4 �OT �; g •J�ry° s�: I fllLEGEND r � I I� ' '' ---- -- — ------- H LOT 3 r• ' 'd OT 8 H I 1 PAR' / ' —_ , _-± �'_- _ _ _-_---_ 1 BENCHMARK rj FMM�I rry a;R- �at2a `Ul` 1 �d LOT I I 4 - 'r-- T 1 NOTs,o.�.. I p y 7 i N O le l m V LOT k I 5 ;� LOT m 6 J ------------- SS -----------t----- ----- --------- a oo .• I P-L4 N BASEL / N E - R O A D W E S T BROWN do COGGAN LTD ONYARIO LANG SURVEYORS THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 95- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the former Town of Newcastle to implement DEV 95-027 to permit the establishment of a car wash use in addition to the existing motor vehicle fuel bar and drive-thru donut kiosk. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1 "22.4 3 SPECIAL EXCEPTIONS SERVICE STATION COMMERCIAL (C7-3) ZONE Notwithstanding the provisions of Section 21.3 c)iv)those lands zoned (C7-3) on the schedules to this By-law shall be subject to the following zone regulations a) rear yard (minimum) 6.0 metres 2 Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from. "Urban Residential Type One (R1) to "Special Exceptions Service Station Commercial (C7-3)" and "Service Station Commercial (C7) to "Special Exceptions Service Station Commercial (C7-3)". 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 1995. BY-LAW read a second time this day of 1995. BY-LAW read a third time and finally passed this day of 1995 MAYOR CLERK 578 This is Schedule "A" to By—law 95— , passed this day of 1995 A.D. 5909 3.05 Li w w f- cn w r `� Li o m 4390 BASELINE ROAD WEST © ZONING CHANGE FROM " R1" TO "C7-3" ® ZONING CHANGE FROM "C7" TO "C7-3" Mayor Clerk LOT 11 LOT 10 PUiLjHH Ld 0 z V) H IF V) U z 0 U SE INE ROAD U z o HIGHWAY 401 ry BOWMANVILLE 579