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REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Monday, December 8,2003 -ollf /?es.ltGPA-/l-<f(..-03
Date:
Report #:
PSD-143-03
File #: ZBA 2003-037
By-law #: Joo 3-\S<t
Subject:
REZONING APPLICATION FOR SPECIAL PURPOSE COMMERCIAL USES
APPLICANT: TORGAN GROUP
Southeast Corner of Waverly Road and Baseline Road, Bowmanville
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-143-03 be received;
2. THAT the application submitted by the Torgan Group be APPROVED for Phase 1 to
permit special purpose commercial uses on the Shell Canada lands and that the
attached by-law contained in Attachment 3 be passed;
3. THAT the by-law for removal of the Holding (H) provision be forwarded to Council for
approval as such time Site Plan Approval has been issued;
4, THAT a copy of Report PSD-143-03 and Council's decision be forwarded to the
Regional Municipality of Durham; and,
5, THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
D id . Crome, M.C.I.P.,R.P.P.
Director, Planning Services
,
Reviewed by:
G ~t~1
Franklin Wu
Chief Administrative Officer
RH*CP*DC*df
1 December 2003
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
. 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830
645
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REPORT NO.: PSD-143-03
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Torgan Group
1.2 Agent: Alan Hirschfield of UD + D Inc.
1.3 Rezoning: The proposed rezoning application proposes the following changes:
Phase 1:
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,
Phase 2:
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 tt2 of special purpose commercial
development and an 86,000 ft" 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. A site plan application (SPA 2003-036) has also been submitted
for consideration.
3.2 A Public Meeting was held on October 6, 2003 at which no member of the public
attended either in support of or in opposition to the application. The only
comment received from the public on the application to date requested that
loading areas be screened from view and that noise from trucks be attenuated.
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REPORT NO.: PSD.143-03
PAGE 3
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 existing truck parking area.
4.2 Surrounding Uses:
East:
North:
West:
South:
Open space lands
Urban residential and open space lands
Shell Gas Station and Bowmanville Auto Mall
Highway 401
5.0 OFFICIAL PLAN POLICIES
5.1 The Clarington Official Plan designates the Phase 1 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 AGENCY COMMENTS
7.1 The Clarington Emergency Services Department has no objections to the
rezoning application. Fire routes and fire hydrants must be provided through the
site plan approval. As well the entrance opposite Lockhart Gate shall be
widened.
7.2 The Clarington Engineering Services Department has no objections to the
rezoning application. They advised that TSH is reviewing the traffic report
submitted in support of the rezoning and site plan. The recommendations of the
report, as ultimately approved by the Director of Engineering, will be the
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REPORT NO.: PSD-143-03
PAGE 4
responsibility of the developer, financially and otherwise to implement. The
following conditions must be fulfilled prior to site plan approval.
. An 8.0 metre road widening on Baseline Road must be transferred to
Municipality free and clear of all encumbrances.
. The applicant will be responsible for 100% of any traffic control measures
necessary to facilitate development on the property.
. The applicant must obtain legal closure and purchase of the road allowance
within the development (southerly extension of Spry Avenue).
. Development phasing will be restricted by the number of external road
accesses to the site. The phasing strategy will be considered in conjunction
with review of the traffic study.
. The applicant will be 100% responsible for the installation of all sidewalks on
Baseline Road and/or Regional Road 57 that form a connection to the
existing municipal sidewalk grid.
. The applicant must prepare a grading and drainage plan outlining the
conveyance of stormwater from the subject lands.
. The applicant must provide an appropriate cash-in-lieu of parkland
contribution and/or suitable land dedication.
. All building requirements, including fire routes, contained in the Ontario
Building Code must be fulfilled.
7.3 The Durham Regional Planning Department advised that the proposal conforms
to the Durham Regional Official Plan. Although they have no objections to
further processing of Phase 1 of the proposal, Phase 2 development is
dependent upon the successful completion of an Environmental Impact Study in
conjunction with the Central Lake Ontario Conservation Authority.
7.4 The Durham Regional Public Works Department has no objections to approval of
the rezoning application to permit Phase 1 development. Municipal water and
sanitary sewer services are available to the site. The following conditions must
be fulfilled prior to site plan approval being granted:
. Sufficient road widenings are required on Waverly and Baseline Roads to
provide an 18 metre width from the original right-of-way.
. The existing servicing easement on the south side of the property must be
widened by between 10 to 13 metres to accommodate future twinning of the
sanitary sewer.
. The proposed entrances along Baseline Road do not conform to the access
spacing requirements in the Durham Regional Official Plan. Entrance
location and signalization will necessitate further discussion with the applicant
and their traffic engineer.
. Additional information is required for review of the traffic generated by the
hotel.
7.5 The Durham Regional Police Department advised verbally that they had no
concerns with the proposed development provided that the adjacent road
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REPORT NO.: PSD-143-03
PAGE 5
network is improved to accommodate additional traffic generated by the
proposal.
7.6 Central Lake Ontario Conservation supports the rezoning of the Phase 1 lands.
Although stormwater management issues must be addressed for Phase 1 lands
prior to site plan approval, it would appear to be prudent to address this issue for
the entire site. Erosion and sedimentation plans must also be submitted for
approval.
Phase 2 of the development lies partially within the Bowmanville Creek
floodplain. The extent of the flooding affects Buildings Band H as well as the
proposed hotel. Authority staff have met with the applicant to discuss potential
solutions to address the flood plain concerns on the property. The applicant is
investigating the feasibility of a "cut and fill" proposal to redefine the flood limits
and hence the environmental protection boundary. This involves removing fill
material from floodplain to create additional volume for flood water storage within
the floodplain. The Bowmanville Creek valley has been identified as a highly
sensitive area. An Environmental Impact Study is required to identify
development impacts and mitigation measures on the environmental system.
Prior to the Authority providing support for Phase 2 development, the applicant
must:
. submit an acceptable "cut and fill" proposal for Authority approval; and,
. undertake an Environmental Impact Study to study and mitigate
development impacts on the Bowmanville Creek valley.
7.7 The Ministry of Transportation has no objections to the rezoning application
provided that the following conditions are fulfilled through site plan approval.
. The applicant proposes an entrance from Waverly Road just north of the
Highway 401 off ramp. The Ministry is not prepared to support this dedicated
entrance nor a shared entrance with the Shell Canada site from Waverly
Road.
. The Ministry requires a minimum 14.0 metre setback from its property limit to
all buildings, structures, loading areas, and drive aisles.
7.8 Veridian Connections has no objections provided that their electrical servicing
requirements are fulfilled.
8.0 COMMENTS
8.1 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 fj2 to
16,000 tf, many of which would accommodate restaurant uses. Two larger
buildings are proposed, of which the smaller one is 63,400 fj2 in size and the
larger is 112,500 fj2 with an outdoor storage and display area. The larger
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REPORT NO.: PSD-143-03
PAGE 6
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.
8.2 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. Shell has submitted a separate
site plan application for redevelopment of their site. The Municipality is generally
satisfied with the proposal and has recently issued Conditions of Draft Site Plan
Approval to Shell. These surplus lands constitute part of Phase 1 of Torgan's
development proposal. 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.
8.3 The Ministry of Transportation has recently advised that it will not support the
Waverly Road entrance into the site, either as a dedicated entrance only for the
Torgan development or as a shared entrance with Shell. Staff will convene a
meeting between the applicant and their traffic engineer, Shell, Ministry of
Transportation, and Durham Regional Public Works Department to determine
whether a compromise solution can be achieved.
8.4 The applicant will submit application to acquire the unopened road allowance
south of Baseline Road, which would represent the extension of Spry Avenue.
Through Phase II of the rezoning 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.
8.5 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 in conjunction with the
"cut and fill" proposal would increase the amount of flood storage area available
in a major storm event and reduce the width of the floodplain.
8.6 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
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REPORT NO.: PSD-143-03
PAGE 7
south of Highway 401. Although Staff is 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 trail
connection objectives over these lands. This study also requires approval by
Central Lake Ontario Conservation, the Ministry of Transportation, and Durham
Regional Public Works.
8.7 The Terms of Reference for the Environmental Impact Study to redefine the "Ep.
zoning limits for the Bowmanville Creek floodplain has been prepared and will be
tendered shortly. Specific issues that must be addressed include:
. potential for creek contamination by stormwater from parking, loading and
outdoor storage areas;
. impacts of removing the former C.N. Rail spur line elevated rail bed and
bridge over Bowmanville Creek;
. lighting impacts from the development on wildlife habitat and corridor
functions;
. potential impacts to fisheries in the receiving watercourse; and,
. changes to flooding characteristics as a result of filling and construction within
the floodplain.
The study will identify the following mitigation measures:
. a stormwater management report addressing quantity, quality, and any other
concerns identified as a result of stormwater discharge into the receiving
watercourse;
. recommendations for types of materials to be stored in the outdoor center,
appropriate storage locations, and any necessary containment measures;
. any revegetation or riparian restoration that may be necessary due to
development on the subject lands;
. elimination of identified lighting impacts on the natural features; and,
. redesigning the plan to limit floodplain impacts and/or impacts upon the
natural heritage features and functions which cannot be mitigated.
8.8 Upon conclusion of the environmental impact and engineering studies, and prior
to commencement of development for Phase II, staff would require that all
remaining valleylands be dedicated free and clear of any encumbrances and
contamination to the Municipality. A Record of Site Condition must be provided
by the applicant indicating that the land has been remediated to meet the Ministry
of Environment's standard for recreational uses.
8.9 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 needs to be reviewed and approved by all relevant agencies,
additional information is required prior to finalization of the study.
651
REPORT NO.: PSD-143-03
PAGE 8
8.10 Waverly Road represents a major gateway into Bowmanville. Staff have
negotiated a land dedication to accommodate construction of a future entrance
feature in conjunction with Shell and Torgan Group. The site configuration for
this feature proposed by Torgan Group satisfies the Municipality's needs. A
concept plan for the entrance feature prepared by Staff indicates that visibility of
either development will not be blocked. The intent is to provide an entrance
feature that will accentuate existin~ on-site landscaping. Shell, through their site
plan approval, will dedicate 500 m of land area, which represents their parkland
dedication requirements under the Planning Act. Torgan Group will provide the
remaining 100 m2 as part of their parkland dedication requirements. Torgan
Group's remaining parkland dedication requirements will be accepted as cash-in-
lieu of parkland.
9.0 CONCLUSIONS
9.1 The application has been reviewed in consideration of comments 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 Phase 1 of this development
proposal be APPROVED with the Holding provision at this time and that Council
pass the By-law contained in Attachment 3. The removal of the Holding
provision will be subject to Council approval, once all site plan issues have been
resolved.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Former CN Rail Spur Line Detail
Attachment 3 - Proposed Zoning Amendment
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REPORT NO.: PSD-143-03
PAGE 9
Interested parties to be notified of Council's decision:
Alan Hirschfield
UD+D Inc.
57 Oak Avenue
Richmond Hill, ON L4C 6R5
Sam Cohen
Torgan Group
Madison Centre
4950 Yonge Street, Suite 601
Toronto, ON M2N 6Kl
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
Jane Rowe
13 Rowland Court
Courtice, ON L 1 E 1 Z8
Muriel Holroyd
116 Duke Street
Bowmanville, ON L lC 2W2
653
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 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 2003-037 to pennit speciai purpose
commercial development;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule "3" to By-Law 84-63, as amended, is hereby further amended by
changing the zone designation from:
"Service Station Commercial Exception (C7 -1) Zone" to "Holding-Special Purpose
Commercial ((H)C5) Zone" as shown o~,the attached Schedule "A" hereto.
2. Schedule "A" attached hereto shall form part of this By-Law.
3. 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 15th
day of
December
2003
BY-LAW read a second time this 15th
day of
December
2003
BY-LAW read a third time 8nd finally passed this 15th day of December 2003
John Mutton, Mayor
Patti L Barrie, Municipal Clerk
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This is Schedule "A" to By-law 2003-
passed this day of . 2003 A.D.
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Lot 13
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~ Zoning Change From "C7-1" To "(H)CS"
~'''I Zoning To Remain "CS"
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Zoning To Remain "EP"
Zoning To Remain "EP-2"
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Lot 12
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
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ZBA 2003-037
Zoning By-law Amendment
SPA 2003-036
Site Plan Amendment
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Owner: Torgan Group
Bowmanville Creek Developments Inc.
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