HomeMy WebLinkAboutPSD-062-03
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REPORT
PLANNING SERVICES
Date:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
ylt
Monday, June 2, 2003
Meeting:
Report #:
PSD-062-03
File #: ZBA 2001-017
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By-law #:;1a; 3-0 g-- !
Subject:
REZONING APPLICATION
APPLICANT: SHELL CANADA PRODUCTS LIMITED
PART LOT 13, CONCESSION B.F., FORMER TOWN OF BOWMANVILLE, 355
WAVERLY ROAD, BOWMANVILLE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-062-03 be received;
2. THAT the rezoning application submitted by Walker Noll Dragecivic Associates Limited
on behalf of Shell Canada Products 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 3 be passed and a copy forwarded
to the Regional Municipality of Durham; and
4. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by: Reviewed by:
a J. Crome, M.C.I.P.,R.P.P. g klin Wu, M.C.I.P., R.P.P.
Director, Planning Services /0 /"Chief Administrative Officer
RH/CP/DC/df
27 May 2003
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
672
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REPORT NO.: PSD-062-03
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Shell Canada Products Limited
1.2 Agent: Walker Nott Dragecivic Associates Limited
1.3 Rezoning: To rezone the subject lands from "Service Station Commercial
Exception (C7-1) Zone" to permit the redevelopment of the gas
station site, eliminating the truck diesel card lock facility and
restaurant, and adding a 243 m2 convenience store and car wash.
1.4 Site Area; 2.68 hectares (6.62 acres)
2.0 LOCATION
2.1 The subject lands are located in Bowmanville at 355 Waverly Road between
Baseline Road and Highway 401 (see Attachment 1). The applicant's land
holdings total 2.68 hectares (6.62 acres). The property is located within Part Lot
13, Broken Front Concession, in the former Town of Bowmanville.
3.0 BACKGROUND
3.1 On July 31, 2001, Walker Nott Dragecivic Associates Limited, on behalf of Shell
Canada Products Limited, submitted a rezoning application to the Municipality of
Clarington. The redevelopment proposal consists of a gas station, 243 m2
convenience store, and car wash (see Attachment 2). The existing truck diesel
card lock facility and restaurant would be removed.
3.2 A Public Meeting was held for the proposal on September 17, 2001 at which the
following comments were made.
· There are concems from residents on the north side of Baseline Road over
the possible large amounts of light from the proposed redevelopment.
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REPORT NO.: PSD-062-03
PAGE 3
· The site currently contains a truck diesel cardlock facility and truck stop. The
trucks generate a lot of noise as they enter and exit the site. The truck stop
should be eliminated in conjunction with the truck diesel cardlock facility.
· An area business owner wanted clarification on the road widenings required
by Durham Region. He also wanted to know whether an environmental
impact study would be required.
These issues will be discussed in Section 8.4 of this report.
3.3 On April 29, 2003, the applicant submitted a complete site plan application (SPA
2003-022) for circulation. The application includes site plans, stormwater
management plans, lot grading and drainage plans, site servicing plans, building
elevations, and landscaping plans. Should the rezoning be approved, conditions
of site plan approval will be issued to the applicant once the circulation process is
complete. Once fulfilled, an agreement will prepared for execution and
registration.
4.0 SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The property contains an existing gas station, restaurant, and truck diesel
cardlock facility at the southeast comer of Waverly Road and Baseline Road,
which slopes towards the intersection. The eastern portion of the site slopes
towards the east and contains a gravelled parking area used for the truck stop.
The southern portion of the property slopes towards Highway 401 and contains
grass and low vegetation.
4.2 Surrounding Uses:
East: Vacant land
North: Urban residential
West: Tim Horton'slWendy's restaurant and proposed Bowmanville
auto mall development
South: Highway 401
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REPORT NO.: PSD-062-03
PAGE 4
5.0 OFFICIAL PLAN POLICIES
5.1 The Durham Region Official Plan designates the property "Living Area". Special
purpose commercial areas, which permit highway-oriented uses such as gas
stations, are permitted within this designation. Since the Clarington Official Plan
contains the appropriate provisions, the proposal conforms to the relevant
policies.
5.2 The Clarington Official Plan designates the property as "Highway Commercial".
As highway-oriented gas stations are permitted within this designation, the
application conforms to the policies.
6. ZONING BY-LAW CONFORMITY
6.1 The property is currently zoned "Service Station Commercial Exception (C7-1)
Zone", which does not permit the proposed convenience store and car wash. In
order to permit these uses, a rezoning application was submitted for
consideration.
7. AGENCY COMMENTS
7.1 The Clarington Emergency Services Department has no objections to the
proposal as long as proper fire protection and access routes are provided.
7.2 Clarington Engineering Services have no objections to this application provided
that the following conditions are fulfilled through the related site plan application.
· An 8.00 metre road widening on Baseline Road must be dedicated to the
Municipality free and clear of any encumbrances.
· The traffic study prepared by the applicant's consultant must demonstrate
that Baseline Road will not be adversely affected by the redevelopment.
· The applicant must provide all necessary site servicing, lot grading and
drainage, and stormwater management plans for review.
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REPORT NO.: PSD-062-03
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· All necessary securities for entrance works and landscaping must be
provided. All entrance works within the Baseline Road road allowance
must be constructed to municipal standards.
· A 2% cash-in-Iieu of parkland contribution will be required from the
applicant.
7.3 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 Baseline Road and an existing 300 mm sanitary trunk sewer
on Baseline Road.
· Both Baseline Road and Waverly Road are designated a Type "A" arterial
roads. Sufficient road widenings are required to provide a minimum of
18.0 metres from the road centreline to achieve the necessary minimum
36.0 metre width.
· The Region requires a 10.0 metre permanent easement along the south
property limit of this development for a future twinning of the sanitary trunk
sewer.
· Only right-in and right-out access will be permitted on access locations to
Waverly Road.
· A raised centre island median extending across the property's entire
Waverly Road frontage will be required. The applicant's share towards
construction of this median is approximately $15,000.00. This amount
may be subject to review.
7.5 Central Lake Ontario Conservation has no objections to the rezoning application.
Information on stormwater management, sedimentation controls, site grading and
drainage, and site servicing will be required prior to site plan approval.
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REPORT NO.: PSD-062-03
PAGE 6
7.6 The Ministry of Transportation has no objections to the development proposal
provided that site grading and drainage and signage issues are addressed
through site plan approval.
8.0 COMMENTS
8.1 Although the total site area is 2.68 hectares, the actual area being redeveloped
by the applicant is only 0.82 hectares. The remainder of the land may be
incorporated into a redevelopment scheme with the lands to the east.
8.2 Although the truck diesel cardlock facility has been closed, trucks are still parking
on the parking lot on the eastern half of the property, which is shown as future
development area on Attachment 2. The applicant has confirmed that through
the redevelopment trucks will no longer have access either from Baseline Road
or through the redeveloped portion of the site. An internal access to this area will
be permitted for maintenance purposes only.
8.3 Under responsibilities delegated to the Municipality for remediation of
contaminated sites, uses such as gas stations where there is a possibility of
underground contamination trigger the requirement for a Phase 1 site
assessment. If the Phase 1 assessment determines that the site may be
contaminated, a Phase 2 assessment is completed to detE'!rmine the type and
location of contamination. This work is required prior to issuance of rezoning
approvals.
Since the principle of the use is not being changed from a gas station, the
applicant proposes to undertake site investigations during the excavation or pre-
construction phase. The Fuels Safety Division of the Technical Standards and
Safety Authority governs the remediation of gas station sites. Their protocol
covers spills, leaks, and the discovery of petroleum leaks and spills into the
677
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REPORT NO.: PSD-062-03
PAGE 7
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.
The applicant has requested that site remediation issue be addressed as a
condition of site plan approval. Information provided by the applicant indicates
that the City of Toronto requires redeveloping gas station sites to address on-site
contamination issues prior to the issuance of a building permit. A review of these
reports indicates that this principle can also be applied in this instance. Through
the site plan approval process, Staff will ensure that the following requirements
are fulfilled prior to the issuance of a building permit.
· The applicant must provide satisfactory information to Staff that anyon-site
contamination is within acceptable limits as defined by the "Environmental
Management Protocol for Operating Fuel Handling Facilities - GA1/99,
October 2001" as prepared by the Fuels Safety Division of the Technical
Standards and Safety Authority.
· If the site investigation determines that any petroleum products have travelled
beyond the property boundary, all petroleum product contamination beyond
the property boundary that has been caused by the applicant's operations
must be removed by the applicant to the appropriate standard at its expense.
· Staff will require that a Record of Site Condition be prepared and submitted to
the Ministry of Environment and the Municipality of Clarington.
8.4 Issues raised at the Public Meeting are addressed in the following manner.
· Lighting for the proposal will be dealt with through site plan approval. A
lighting plan must be submitted for approval, showing that light does not
trespass from the site. Furthermore, all lighting fixtures in the canopy must be
full cut off fixtures, which do not promote light spread. Any exterior wall-
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REPORT NO.: PSD-062-03
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mounted lighting fixtures must also be full cut off fixtures that are angled
downwards.
. As previously mentioned in this report, trucks will no longer be permitted to
park on the site, thus eliminating noise issues related with this activity. In
addition, the car wash is situated at the southern extent of the site and should
not pose any noise concerns to the residential area north of the subject lands.
This location also allows sufficient stacking for the car wash that does not
interfere with other traffic movements on the site.
. Sufficient road widenings will be taken to ensure that a 36.0 metre minimum
road allowance width is achieved both for Baseline and Waverly Roads.
. An environmental impact study is not required since the proposal is in excess
of 50 metres from the Bowmanville Creek valley as defined in the Clarington
Official Plan's Natural Features and Land Characteristics map.
8.5 The subject lands are part of a significant gateway to the Bowmanville urban
area. As such, staff will be requiring high quality urban design and landscaping
on the property. Staff will also require lands for a landscaping feature that
demarcates the entrance to Bowmanville. The lands for this feature will be
located south of the existing redevelopment area and will be secured through the
site plan agreement. The applicant has provided a letter of undertaking agreeing
to 2% parkland dedication as land in an acceptable configuration and location.
Staff would also note that a portion of the dedication will be encumbered by a
future regional servicing easement. The Municipality will not be permitted to
erect any structures on the easement. The entrance feature design will
incorporate this requirement.
8.6 Redevelopment of the subject lands will also trigger construction of the centre
median on Waverly Road south of Baseline Road. This work would have been
included in the reconstruction works of the Waverly Road and Baseline Road
intersection that was scheduled for this summer. For various reasons, this work
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REPORT NO.: PSD-062-03
PAGE 9
has been tentatively rescheduled for 2004 subject to Regional budgetary
approval.
8.7 A complete site plan application was recently submitted, and is currently being
circulated to all relevant agencies for comment. The applicant will be required to
enter into a site plan agreement with the Municipality, which includes all relevant
municipal and agency development and financial provisions.
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 2, be APPROVED and that the By-law contained in
Attachment 3 be passed by Council.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Site Plan
Attachment 3 - Proposed Zoning By-law
Interested parties to be notified of Council's decision:
Robert Dragecivic
Walker Nott Dragecjvic Associates Limited
172 St. George Street
Toronto, Ontario
M5R 2M7
Keith Blinston
Shell Products Canada Limited
90 Sheppard Avenue East
Suite 600
Toronto, Ontario
M2N 6Y2
680
..::. $
REPORT NO.: PSD-062-03
PAGE 10
Rod and Lynn Smith
97 John Scott Court
Bowmanville, Ontario
L 1 C 4L 1
Leonard Hone
8 Fairbairn Court
Bowmanville, Ontario
L1 C 4K9
Yusuf Moolla
Unit 3
564 Montcalm Avenue
Oshawa, Ontario
L1J 2H1
681
ATTACHMENT 1
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WEST
_SUBJECT SITE
355 WAVERLEY ROAD, BOWMANVILLE
Pt. Lot 13, Concession 1
Municipality of Clarington
Regional ~unicipality of Durham
LOT 14 LOT 13
350
355
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ATTACHMENT 3
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-lAW NUMBER 2003-
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 dee'Tls it
advisable to amend By-Law 84-63, as amended, of the Corporation of the former Town of
Newcastle in accordance with application ZBA 2001-017 to permit the redevelopment of a
property containing a motor vehicle fuel bar, 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. Section 22.4.1 "Service Station Commercial Exception (C7-1) Zone" is hereby
amended by replacing the existing provisions with the following:
"Notwithstanding Section 22.1, those lands zoned C7-1 on the Schedules to this
By-law may, in addition to the other uses permitted in the C7 Zone, be used for an
eating establishment, convenience store, and car wash accessory to a permitted
use."
2~ This By-Law shall come into effect on the date of the passing hereof, subject to the
provisions of Sections 34 and 36 of the Planning Act, R.S.O. 1990.
By-Law read a first time this dcyof
2003
By-Law read a second time this day of
2003
By-Law read a third time and finaliy passed this day of
2003
John Mutton. Mayor
Patti L. Barrie, Municipal Clerk
684