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HomeMy WebLinkAboutPSD-076-03 " ... ~ ~~!Jl-!lJgron REPORT PLANNING SERVICES Meeting: Date: Report #: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, June 16, 2003 'J)I Lf PSD-076-03 File #: ZBA 2002-010 x-ref: SPA 2002-009 Subject: REZONING AND SITE PLAN APPLICATIONS APPLICANT: IMPERIAL OIL LIMITED PART LOT 34, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON, 1451 & 1455 HIGHWAY 2, COURTICE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-076-03 be received; 2. THAT the rezoning application 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; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. ReviewedbD ~-~ Franklin Wu, M,C.I.P., R.P.P. Chief Administrative Officer Submitted by: D vi . Crome, M.C.I.P.,R.P.P. Director, Planning Services RH/CP/DC/df 9 June 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830 679 ~ REPORT NO.: PSD-076-03 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Imperial Oil Limited 1,2 Agent: Evans Planning 1.3 Rezoning: To rezone the subject lands from "Service Station Commercial (C7) Zone" and "Special Purpose Commercial (C5) Zone" to permit the redevelopment of the gas station, adding a 174 m2 convenience store and car wash, 1.4 Site Area: 0.37 hectares (0.91 acres) 2.0 LOCATION 2,1 The property under consideration includes 1451 and 1455 Highway 2, which is located at the southeast corner of Highway 2 and Darlington Boulevard in Courtice (see Attachment 1). The property at 1455 Highway 2, the easterly portion of the site, was purchased to accommodate the larger proposal. The applicant's land holdings total 0,37 hectares (0.91 acres), The property is located within Part Lot 34, Concession 2, in the former Township of Darlington. 3.0 BACKGROUND 3.1 On March 4, 2002, Evans Planning, on behalf of Imperial Oil Limited, submitted rezoning and site plan approval applications to the Municipality of Clarington. The redevelopment proposal consists of a gas station, a 174 m2 convenience store, and car wash, 3,2 A Public Meeting was held for the proposal on May 6, 2002 at which no one spoke in favour of or in opposition to the proposal. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The developed portion of the property contains a small kiosk with gas pumps 680 ~ REPORT NO.: PSD-076-o3 PAGE 3 covered by a canopy. These lands generally drain towards Highway 2, The additional lands to the east currently drain to the south and east. Grading and drainage between the two properties would be integrated through redevelopment. 4.2 Surrounding Uses: East: North: West: South: Commercial uses Medical clinic and seniors' residence Commercial uses Urban residential and vacant lands 5.0 OFFICIAL PLAN POLICIES 5.1 The Durham Regional Official Plan designates the property "Sub-Central Area". Community, office, service and shopping, recreational, and residential uses are permitted within this designation. The proposed amendment is in conformity with the Durham Regional 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 provided that: a) no more than 2 automobile service stations will be permitted at any intersection; b) the display of confectionary items does not exceed 10 square metres of floor space in designated Residential Areas; c) locations shall not create vehicular congestion or endanger pedestrian movement; and, 681 '- REPORT NO.: PSD-076-03 PAGE 4 d) access points to each site shall be limited in number and shall not impede traffic flows. Internal access to adjacent commercial properties shall be provided wherever possible. 5.3 The proposal conforms to the Official Plan by fulfilling the policies in the following manner. a) Presently, Imperial Oil is the only operating service station at this intersection. With the Courtice Medical Clinic and Waltzing Weasel restaurant occupying two corners of the intersection, there is a possibility for only one more service station at the northwest corner of the intersection, b) Since the subject lands are not located within a residentially designated area, limiting the display of confectionary items is not applicable, The proposed convenience store is in keeping with the commercial nature of this section of Highway 2, c) The proposal will not cause congestion because the increased site area provides more internal area for better traffic circulation, By consolidating two properties, the number of access points to the overall site will be reduced from four to two. Fewer and more defined entrance points onto Highway 2 will improve access management and assist pedestrian movement. d) The development will not adversely affect traffic in the area. Highway 2 can accommodate the traffic generated by the development. An internal access laneway with adjacent lands is not feasible in this location. 6.0 ZONING BY-LAW CONFORMITY 6.1 The property is currently zoned "Service Station Commercial (C7) Zone" and "Special Purpose Commercial (C5) Zone", In order to permit the redevelopment, a rezoning application was submitted for consideration. 7.0 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. 682 " , REPORT NO.: PSD-076.03 PAGE 5 7.2 Clarington Engineering Services have no objections to this application provided that the following conditions are fulfilled through the related site plan application. · The entrance on Darlington Boulevard must not encroach into the sight triangle. · A new section of sidewalk must be constructed to connect the two existing sections of sidewalk presently fronting the subject lands. · The applicant must provide all necessary site servicing, lot grading and drainage, and stormwater management plans for review. · 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-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 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. · 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 683 '- / REPORT NO.: PSD-076-03 PAGE 6 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. Further information on stormwater management, site grading and drainage, servicing, and water quality treatment will be required prior to site plan approval. 8.0 COMMENTS 8,1 The preconsultation process has resulted in increased landscaping around the perimeter of the property, the elimination of one access onto Highway 2, and enhancement of architectural features of the building. The applicant has located the car wash near Highway 2 on the east side of the proposal so as not to impact the residence at 1 Darlington Boulevard south of the property. 8,2 A lighting study was prepared for the development and reviewed by Staff. Although some areas indicate minimum light levels at the property boundaries, other areas have relatively high light concentrations, particularly at the entrances. Through the site plan approval process, Staff will ensure that light originating from this site does not adversely impact surrounding residential properties and traffic operations on Highway 2, 8,3 A noise study was prepared for the development and reviewed by Staff. The study examined noise from all sources of the operation, including the stacking aisle and car wash, and its impact on surrounding residences, The study concluded that the proposal would not adversely impact surrounding residential properties provided that the following recommendations are implemented, . Although the car wash has been located to maximize the exhaust locations from residential receptors, car wash equipment should be equipped with the manufacturer's silencer packages to provide a minimum noise reduction of 15 dBA, 684 L ./ REPORT NO.: PSD-Q76-03 PAGE 7 · Garbage pick-up should be limited to weekdays between 7 am and 7 pm. Staff will require that these recommendations are fulfilled through site plan approval. 8.4 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 determine the type and location of contamination. This work is required prior to issuance of zoning approvals, Since the principle of the use at 1451 Highway 2 is not being changed from a gas station, the applicant proposes to undertake site investigations during the excavation or pre-construction phase. This permits the station to remain operational until the redevelopment phase is initiated, 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 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. A Phase 1 site assessment was prepared for the lands purchased by Imperial Oil Limited at 1455 Highway 2. The report found evidence of some petroleum stained gravel at the southwest corner of the building, potential of lead paint 685 ~ J REPORT NO.: PSD-076-03 PAGE 8 having been used on the building walls, and the potential of floor tile containing asbestos, Based on this analysis, the report recommended that a Phase 2 environmental site assessment be completed and that stained gravel and related soils be removed, 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. · The Phase 2 site assessment should determine the amount of soil and other contaminant materials that need to removed from 1455 Highway 2, · Staff will require that a Record of Site Condition be prepared and submitted to the Ministry of Environment and the Municipality of Clarington. 8,5 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 686 '- ... REPORT NO.: PSD-076-03 PAGE 9 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. Attachments: Attachment 1 - Key Map and Site Plan Attachment 2 - Proposed Zoning By-law Interested parties to be notified of Council's decision: Murray Evans Evans Planning 28 Ellery Drive Richmond Hill, Ontario L4C 8Z6 Terry Addington Imperial Oil Limited P.O, Box 56613 8601 Warden Avenue Markham, Ontario L3R OM6 John Wilson 1421 Highway 2 Courtice, Ontario L 1 E 2J6 687 ~_ KING -.c~ STREET Q>::=J ' ,~ (HWY # 2) _ so""",, ~~~"':.~ /=~~~~~~==4~-!12~""" '"' :;:'l- --~-=--=-::,-- / -""'~-2 --,----____'"['l:'R-~~----'-:-Q(;y"-,_ -it/..;s;. _ ""? <Ju-s --------:1 ----,- --'J...., ~ ' , - 1"'77'';7 ~ :-:'\ I ~-<~ {o - '1 OJ --------=:_ 0 00"[ )-/~~S9G... ( rJ~':..ly~-' IC~ _ ____________ _ __ " ~\ ;;/~ ",/, ;/ ~/ "'%r ~~v-::;;;;; ~~ '$ o frO -'" c, ~ '" o IJJ -<,--- ~~rtr-?hJ5 \~ \"CT-- \~Il~- I"'",<-"-~ ----j-----::", l!.'.~.;,'~d)~:;It3 &~-- --~T ~:' -, -0 ,0 ", 0, ;;' _'7?~ ! 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(:"RBAG, c.!:"ClClS~"E: J ..J " "' o ~ ZBA 2002-010, SPA 2002-009 Zoning By-law and Site Plan Application Imperial Oil Limited 688 ~ 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 deems it advisable to amend By-Law 84-63, as amended, of the Corporation of the former Town of Newcastle in accordance with application ZBA 2002-010 to permit the redevelopment of an existing motor vehicle fuel bar, and to permit 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 tallows: 1, Section 22.4 "S?ECIAL EXCEPTIONS SERVICE STATION COMMERCIAL (C7) ZONE" is hereby amended by introducing a new Subsection 22.4.5 as follows: "22.4.5 SERVICE STATION COMMERCIAL EXCEPTION (C7-5) ZONE Notwithstanding Section 22.1, those lands zoned C7 -5 on the Schedules to this By- law shall be subject to the following zone regulations: a) Permitted Uses i) Motor vehicle fuel bar ii) Convenience store iii) Car wash Regulations i) Interior side yard (minimum) 2,0 metres" b) 2, Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Service Station Commercial (C7) Zone" to "Service Station Commercial Exception (C7-5) Zone" "Special Purpose Commercial (C5) Zone" to "Service Station Commercial Exception (C7-5) Zone" as shown on the attached Schedule "A" hereto, 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, R.S.O, 1990. By-Law read a first time this day of 2003 By-Law read a second time this day of 2003 By-Law read a third time and finally passed this day of 2003 John Mutton, Mayor 689 Patti L. Barrie, Municipal Clerk ATTACHMENT 2 This is Schedule "A" to By-law 2003- passed this day of ,2003 A.D. , c ! ~-=-J -0 ~~~ , r,~--, L~_:.'!::.'::__":"J- !Jill] 1&1 Zoning Change From "C7" To "C7-5" Zoning Change From "C5" To "C7-5" John Mutton, Moyor Patti L. Barrie, Municipal Clerk I I I II III i I 111 i!; ~ ~ [)UR~4{ I-IICHw. "y 2 ~ ~ ~ J i!; , ~ ~ ~ ~ ~ HIGHWAr ~ ~ Courtlce