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Home My WebLink AboutPSD-039-02 , ~ Cl~-!!Jglon REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, May 6, 2002 pi t PSD-039-02 File #: ZBA 2002-010 SPA 2002-009 c/f!- /q~ -() ~ Report #: By-law #: Subject: - REZONING AND SITE PLAN APPROVAL APPLICATIONS APPLICANT: IMPERIAL OIL LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report PSD-039-02 be received; 2. THAT the rezoning application submitted by Evans Planning on behalf of Imperial Oil Limited be referred back to Staff for further processing and preparation of a subsequent report; 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: a ~..::::~ Franklin Wu Chief Administrative Officer a. C me, M.C.I.P.,R.P.P. Director, Planning Services RH*L T*DJC*df 29 April 2002 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 601 , REPORT NO.: PSD-039-02 PAGE 2 1.0 1.1 1.2 1.3 APPLICATION DETAILS Applicant: Agent: Rezoning: Imperial Oil Limited Evans Planning To rezone the property from "Service Station Commercial (C7) Zone" and "Special Purpose Commercial (C5) Zone" to an appropriate zone permitting the development of a convenience store and car wash in addition to the existing service station. 0.37 hectares (0.91 acres) 1.4 Site Area: 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 applicant recently purchased the property at 1455 Highway 2 to the east to accommodate the larger proposal. The land holdings under consideration 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, submitted rezoning and site plan approval applications to permit the redevelopment of the current site and additional lands recently purchased for a gas station, car wash and convenience store as shown on Attachment 2. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The developed portion of the property contains a small kiosk with gas pumps covered by a canopy. These lands generally drain towards Highway 2. The additional lands purchased to the east contain a building that would be demolished. These lands currently drain to the south and east. Grading and drainage would be integrated between the two properties in the future. 602 " REPORT NO.: PSD-039-02 PAGE 3 4.2 Surrounding Uses: East - Commercial uses North - Medical clinic and seniors residence West - Commercial uses South - Urban residential and vacant lands 5.0 OFFICIAL PLAN POLICIES 5.1 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 legal non-conforming, Section 23.5 of the Clarington Official Plan permits the continuations, expansion, or enlargement of legal non- conforming uses provided that: a) it is not feasible to relocate the use; b) it does not aggravate the situation created by the existence of the use; c) the size is appropriate in relation to the existing legal non-conforming use; d) it does not generate noise, vibrations, fumes, smoke, dust, odours, or lighting so as to create a public nuisance or health hazard; e) the neighbouring conforming uses are protected, where necessary, by the provision of landscaping, buffering, screening and other measures; and f) it shall not adversely affect traffic, access or parking conditions in the vicinity. 5.2 Staff feel that the proposal conforms to the Official Plan by meeting these tests in the following manner. a) It is not feasible to relocate the existing gas station. These facilities are required to serve the travelling public and are appropriately located in urban areas. 603 '. REPORT NO.: PSO-o39-o2 PAGE 4 b) Redevelopment of the site and expansion of the range of uses will not aggravate the situation since the primary use is already established. Location of the car wash and convenience store should not impact the adjacent residence south of the proposal. c) Gas stations are redeveloping to include larger pump islands, convenience stores and car washes. The additional uses would complement the existing gas station use. d) The proposal is not be considered a public nuisance. Although there will be some idling cars in the car wash stacking aisle, landscaping and buffering should mitigate any negative impacts. Studies must be prepared to ensure that noise and lighting do not adversely impact adjacent residential properties. e) The neighbouring uses will be protected and buffered by landscaping and fencing. The existing cedar hedgerow and additional landscaping will buffer the residence to the south. f) The development will not adversely affect traffic in the area. Highway 2 can accommodate the traffic generated by the development. The number of access points to the development will not increase. By consolidating the two properties, one existing access to Highway 2 will be removed, improving the situation. 6.0 ZONING BY-LAW CONFORMITY 6.1 The lands subject to the application are currently developed as a gas station are zoned "Service Station Commercial (C7) Zone". Additional lands purchased by Imperial Oil Limited to the east are zoned "Special Purpose Commercial (C5) Zone". 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 two public meeting notice signs were installed on the lands. 7.2 Only one general inquiry has been received. No correspondence indicating any concerns or opposition has been received by the Planning Services Department. 604 , REPORT NO.: PSD-039-o2 PAGE 5 8.0 AGENCY COMMENTS 8.1 The Emergency Services Department and Building Division have no objections to the proposal at this time. 8.2 The Clarington Engineering Services Department has requested the applicant to prepare engineering drawings for review. Comments will be provided upon review of the plans. 8.3 The application has also been circulated to the following agencies for review. . Clarington Operations Department . Durham Region Planning Department . Durham Region Public Works Department . Central Lake Ontario Conservation . Hydro One Networks Inc. 9.0 COMMENTS 9.1 Staff have met with the applicants on several occasions to discuss development issues prior to the application being submitted. This 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 buildings. The applicant has located the car wash near Highway 2 so as not to impact the residence at 1 Darlington Boulevard south of the property. 9.2 A lighting study will have to be prepared to ensure that light will not adversely impact surrounding properties or traffic operations on Highway 2. 9.3 A noise study must be prepared to ensure that noise from the car wash operations, including the cars idling in the stacking aisle, do not adversely impact adjacent residential properties. 605 " , REPORT NO.: PSD-039-02 PAGE 6 10.0 CONCLUSIONS 10.1 As the purpose of this report is to satisfy the requirements for the Public Meeting under the Planning Act, and taking into consideration all of the comments received, it is respectfully requested 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 - Proposed Site Plan List of interested parties to be advised of Council's decision: Murray Evans Evans Planning 28 Ellery Drive Richmond Hill, ON L4C 8Z6 Terry Addington Imperial Oil Limited P.O. Box 56613 8601 Warden Avenue Markham, ON L3R OM6 John Wilson 1421 Highway 2 Courtice, ON L 1 E 2J6 606 ATTACHMEINT 1 - - o II: < > W ...J :::l o cc /1- --- - HIGHWAY 2 ~--- - - ~ llJ5 000 000 ~ ~1"" z o I- CJ Z ...J II: < o ~::t:. -... l . !! E"....", ~ ! ~ . , . [o~ - . :~""""""-- .~ Courtice Key Map BRIDlE: CRT. ZBA 2002-010, SPA 2002.009 Zoning By-law and Site Plan Application ~ '" "' z :J z " o ~ Imperial Oil Limited 6D! 'W'W" - '" ~--- ~v" KING '" - IOJ.olM/r".....st1tU-1,/';/ I EAST ....-,-,.......,.,.., --_.....".-,.,...- """--......- L'''tMhlt'i''t'r.i'.Wc~ft m~~~:.&"" ~.- ..---: SAN ""- . , ~ ~ .i~ ~l~ -- ~ -....,,-. 0' lOT 34 , - 2_3800 ~ 7()C() v..cUVUSrACES MOO ~ 8000 HANDle...... 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