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Home My WebLink AboutPSD-122-03 ~ .' .. . CJ. fl L~~ REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE 1)r~ Ge~-YD6-03 Monday, October 6, 2003 Date: Report #: PSD-122-03 Flies #: ZBA 2003-037 By-law #: Subject: REZONING APPLICATION FOR SPECIAL PURPOSE COMMERCIAL USES APPLICANT: TORGAN GROUP Southeast Corner of Waverly Road and Baseline Road, Bowmanvllle RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-122-03 be received; 2. THAT the application submitted by the Torgan Group be referred back to Staff for further processing and the preparation of a further report following the receipt of all outstanding agency comments; 3. THAT Staff be authorized to work with the developer in preparing an appropriate scheme to eliminate the elevated rail bed of the former CN Rail spur line from the Bowmanville Creek valley and to redefine the floodplain limits; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: {) ~~'~ Franklin Wu Chief Administrative Officer J Crome, M.C.I.P"R.P,P. , Planning Services RH*CP*DC*df 29 September 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVlllE, ONTARIO l1C 3A6 T (905)623- 3379 F (905)623-0830 623 " REPORT NO.: PSD-122.Q3 PAGE 2 APPLICATION DETAILS 1.0 1.1 1.2 1.3 Applicant: Agent: Rezoning: Torgan Group Alan Hirschfield of UD & D Inc. The proposed rezoning application proposes the following changes: . To rezone a portion of the lands from "Service Station Commercial Exception (C7-1) Zone" to an appropriate zone to permit special purpose commercial uses; and, . To redefine the limits of the "Environmental Protection (EP) Zone" and "Environmental Protection Exception (EP-2) Zone" to permit special purpose commercial uses. 1.4 Site Area: 10,16 hectares 2.0 LOCATION 2.1 The subject lands are located at the southeast comer of Waverly Road and Baseline Road in Bowmanville (See Attachment 1). The proposed development area totals 10.16 hectares (25.11 acres). The property is located within Part Lots 12 and 13, Broken Front Concession, in the former Town of Bowmanville. 3.0 BACKGROUND 3,1 On July 29, 2003, Staff received a rezoning application from Alan Hirschfield on behalf of the Torgan Group to permit 186,000 ff of special purpose commercial development and an 86,000 ff" hotel at the southeast corner of Waverly Road and Baseline Road in Bowmanville. The development concept encompasses a portion of the Shell Canada lands as well as the Spry Road right-of-way south of Baseline Road. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The property is currently vacant and has a gradual slope towards the Bowmanville Creek, The portion of the lands still owned by Shell Canada at the western extent of the proposal contains the tractor-trailer parking area. 4.2 Surrounding Uses: East: Open space lands North: Urban residential and open space lands West: Shell Gas Station and Bowmanville Auto Mall South: Highway 401 624 , REPORT NO.: PSD-122-03 PAGE 3 5.0 OFFICIAL PLAN POLICIES 5,1 The Clarington Official Plan designates the subject lands "Highway Commercial Area". Lands within this designation shall serve the specialized needs of residents on an occasional basis with services and facilities, which consume large parcels of land, require exposure to traffic and may require outdoor storage and display of goods, Permitted uses include automotive sales and service, home improvement centres, garden centres and nurseries, restaurants, and hotels. The proposed use conforms to the Official Plan policies. 6.0 ZONING BY-LAW CONFORMITY 6,1 The portions of the property under consideration are zoned "Service Station Commercial Exception (C7-1) Zone", "Environmental Protection (EP) Zone", and "Environmental Protection Exception (EP-2) Zone", which do not permit the special purpose commercial uses. In order to permit the proposed development, a rezoning application was submitted for consideration. 7.0 PUBLIC NOTICE AND SUBMISSION 7,1 Public notice was given by mail to each landowner within 120 metres of the subject site and three public meeting notice signs were installed on the property. 7.2 As of the writing of this report, four inquiries have been received, requesting general information on the types of uses as well as prospective tenants. 8.0 AGENCY COMMENTS 8.1 The Clarington Emergency Services Department has no objections to the application provided that appropriate fire routes are provided, the entrance opposite Lockhart Gate is widened, and private fire hydrants are provided, 8,2 Due to the complexity of this application, comments have not been received from the following agencies. . Clarington Engineering Services Department . Durham Regional Planning Department . Durham Regional Public Works Department . Durham Regional Police Department . Central Lake Ontario Conservation . Ministry of Transportation . Veridian Connections 625 REPORT NO.: PSD.122.Q3 PAGE 4 9.0 COMMENTS 9.1 The application proposes a total of 186,000 tf of special purpose commercial development and an 86,000 tf hotel. The special purpose commercial development would consist of six smaller pads ranging in size from 2,500 tf to 16,000 tf, many of which would accommodate restaurant uses. Two larger buildings are proposed, of which the smaller one is 63,400 tf in size and the larger is 112,500 tf with an outdoor area. The larger building is being marketed towards a home improvement centre. The hotel and associated recreation facility would be located at the eastern extent of the development. 9.2 The applicant has an agreement to purchase approximately 1.7 hectares of land from Shell Products Canada Limited. which will be deemed surplus by Shell once their gas station redevelopment is completed. Since these lands accommodate three buildings and portions of two other buildings, Torgan Group is seeking the appropriate zoning on these lands to permit the proposal. 9.3 The applicant will seek approval to acquire the unopened road allowance south of Baseline Road, which would represent the extension of Spry Avenue, The applicant seeks approval to redefine the limits of the "Environmental Protection (EP) Zone" and "Environmental Protection Exception (EP-2) Zone" to accommodate the hotel and associated recreation facility. 9.4 The floodplain associated with the Bowmanville Creek is extremely wide in this area, This is primarily due to the restrictions placed on the creek by bridges for the former CN Rail spur line, the Highway 401 bridge, and the CN Rail main line bridge, These three narrow bridges prevent floodwater and ice jams from passing through quickly, Under a major storm event, the floodplain area shown by the "EP" zoning would be required to store flood waters. In order to accommodate the hotel, the applicant proposes an engineering study, which examines the feasibility of removing the elevated rail bed remaining from the abandoned CN Rail spur line within the "Ep. lands north of Highway 401 that formerly served the Goodyear plant (Attachment 2), This would increase the amount of flood storage area available in a major storm event and reduce the width of the floodplain. 9.5 The Municipality acquired the CN Rail spur line between Highway 401 and Baseline Road as a dedication from the TSC Store development in order to implement the Bowmanville Valleys 2000 project. Staff is investigating the possibility of using the spur line as part of the Clarington's trail network, linking the trail along the Bowmanville Creek over Highway 401 to the Waterfront Trail south of Highway 401, Although Staff are not opposed to an engineering study investigating the feasibility of removing the elevated rail bed remaining from the abandoned CN Rail spur line, the Municipality must retain its ability to fulfil all walking trail connection objectives over these lands. This study also requires 626 , REPORT NO.: PSD-122.Q3 PAGE 5 approval by Central Lake Ontario Conservation, the Ministry of Transportation, and Durham Regional Public Works. 9.6 Since the proposal is requesting to redefine the limits of the "EP" zoning as defined by the Bowmanville Creek floodplain, a scoped environmental impact study will be required to determine the impacts of development of the floodplain. Specific issues that must be addressed include impacts of stormwater discharge on the valley from the development and impacts of removing the railway benn and bridge structure from the creek floodplain. 9.7 Upon approval of the environmental impact and engineering studies, Staff would require that all remaining valleylands be dedicated free and clear to the Municipality, 9.8 A traffic study has been prepared by the applicant indicating the road network can be modified to accommodate the proposed development. The report proposes dedicated left and right hand turning lanes along Baseline Road and future signalization on Baseline Road at Lockhart Gate and Spry Avenue as needed. The report has been circulated for review by the Clarington Engineering Services Department, Durham Regional Public Works Department, and the Ministry of Transportation. 9.9 This application will be processed in two phases. The rezoning of the Shell lands is straight forward with most issues relating to site plan details. The investigation of the CN Rail spur line and the redefinition of the floodplain will require detailed study and it is related primarily to the hotel. As a result, this application will be processed in two steps. 9.10 A site plan application (SPA 2003-036) has also been submitted for consideration. 10.0 CONCLUSIONS 10,1 As the purpose of this report is to satisfy the requirements of the Public Meeting under the Planning Act, and taking into consideration all of the comments received, it is respectfully recommended that this report be referred back to Staff for further processing and the preparation of a subsequent report. Attachments: Attachment 1 - Key Map Attachment 2 - Former CN Rail Spur Line Detail 627 " " REPORT NO.: PSD-122.Q3 PAGE 6 Interested parties to be notified of Council's decision: Alan Hirschfield UD+D lnc, 57 Oak Avenue Richmond Hill, ON L4C 6R5 Sam Cohen Torgan Group Madison Centre 4950 Yonge Street, Suite 601 Toronto, ON M2N 6K1 Keith Blinston Shell Canada Products Limited 90 Sheppard Avenue East, Suite 600 Toronto, ON M2N 6Y2 Rod and Lyn Smith 97 John Scott Court Bowmanville, ON L 1 C 4L 1 Muriel Holroyd 116 Duke Street Bowmanville, ON L 1C 2W2 628 ATTACHMENT 1 Jl --~ JI ~___________"-._______ A LN ~ E - ttf~\ " . t--I . A~_~ BUlLDINGA BlJIWINGB IGHWA'l' 401 Wd:I rl~~~1~~:?~ Surplus Shell Lands to be sold to Torgan Group Lands currently within Flood Plain D""~\I :I. ~ '%S\~~O<" Q~"N~ ~ ~ :c r"l~ LjJ :;; - []C~ < " o w a _ o ;~ 6i9 ZBA 2003-037 Zoning By-law Amendment SPA 2003-036 Site Plan Amendment Owner: Torgan Group Bowmanville Creek Developments Inc. 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