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Home My WebLink AboutPSD-081-05 Clw:mglOn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 20, 2005 Report #: PSD-081-05 File #: ZBA2005-014 & SPA 2005-021 kes J:/ hIll -;nt-os- By-law #: Subject: PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT A SELF SERVE CAR WASH WITH A DOG WASH APPLICANT: MOOLCO INVESTMENTS INCORPORATED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-081-05 be received; 2. THAT the application submitted by Moolco Investments Incorporated be referred back to Staff for further processing and the preparation of a further report following the receipt of all outstanding agency comments; and, 3. THAT the interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Da . Crome, MCIP, R.P.P. Director of Planning Services RevieWedbY:U~~ Franklin Wu, Chief Administrative Officer TW*CP*DJC*lw June13,2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET. BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-081-05 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Moolco Investments Incorporated 1.2 Rezoning: from "General Commercial (C1) Zone" to an appropriate zone to permit the development of a self-serve car wash, a dog wash facility and a mixed-use building with a ground floor commercial unit and a second floor residential unit. 1.3 Location: 254 King Avenue East, Newcastle, located on the north side of King Avenue, between Beaver and Arthur Streets. 1.4 Site Area: 0.133 hectares 2.0 BACKGROUND 2.1 On May 6, 2005, Moolco Investments Incorporated submitted a rezoning and site plan application for 254 King Avenue East, Newcastle, in order to permit a four (4) bay self- serve car wash, a dog wash facility and a mixed-use building with a ground floor commercial unit and a second floor residential unit. 3.0 SITE CHARACHERISTICS AND SURROUNDING USES 3.1 A single detached dwelling is located on the subject property. 3.2 The surrounding land uses area as follows: North - South - East - West- Residential Commercial and Residential Residential Commercial 4.0 PUBLIC NOTICE AND SUBMISSION 4.1 Public notice was given by mail to each landowner within 120 metres of the subject property and a public meeting notice was installed on the property. 4.2 As of the writing of this report, no inquiries were received from the public. 5.0 OFFICIAL PLAN POLICIES 5.1 The subject lands are in the Main Central Area and designated "Strip Commercial" within the Newcastle Village Main Central Area Secondary Plan. This REPORT NO.: PSD-081-05 PAGE 3 designation permits retail, personal service and office uses as well as automobile service stations. 5.2 This development is also subject to the following urban design principles contained in the Official Plan: . the provision of direct pedestrian street access to some stores in each development; . land use compatibility between commercial and residential buildings shall be achieved through appropriate building siting, design and landscape treatment; . high quality landscape treatment shall be provided; . building form and siting shall minimize the impacts of noise, wind and shadows and shall enhance views of landmark buildings, parks and open space; . refuse collection areas will be internal to buildings; . loading areas and refuse collection areas shall be unobtrusive and screened where necessary and shall generally be located at the side or rear of the building; . common vehicular access and internal circulation including service lanes connecting abutting properties should be provided where possible. 6.0 ZONING BY-LAW 6.1 The property is in a "General Commercial (C1) Zone" which does not permit the self- serve car wash and dog wash facility. Retail commercial, and residential dwelling units as part of a building containing a non-residential user are permitted. In order to permit the proposed development a rezoning application was submitted for consideration. 7.0 PROVINCIAL POLICY STATEMENT 7.1 The proposed amendment to Zoning By-law 84-63 is consistent with the Employment Area policies of the Provincial Policy Statement issued on March 1, 2005. However, a noise study is required to demonstrate that the proposed land use does not cause environmental or public health and safety concerns with regards to the noise pollution. 8.0 AGENCY COMMENTS 8.1 Comments are outstanding from the majority departments and agencies circulated. 8.2 Clarington Emergency Services offered no concerns or objections to this proposal. 8.3 The Clarington Building Services Division provided no objection to the rezoning but provided the following comments with respect to the site plan application. These have been detailed under separate cover to the applicant, and are summarized as follows: REPORT NO.: PSD-081-05 PAGE 4 · A Barrier-free path of travel will be required to the main entrances of the building; · The applicant must submit an approved application for the sewer/water service from the Region of Durham; · The Owner must pay development charges prior to the issuance of the building permit. 9.0 STAFF COMMENTS 9.1 In order to support the rezoning application, the applicant is required to submit a Noise Study demonstrating that proposed use will not have negative impacts on the adjacent residential properties. The applicant has indicated that a Noise Study is being prepared in support of this application. 9.2 The application as submitted does not conform to the design principles contained in the Official Plan. Staff will examine the proposed building placement and design, parking and stacking areas, as well as landscaping in detail through the review of the site plan application to ensure compliance with urban design principles contained in the Official Plan. 10.0 CONCLUSIONS 10.1 The purpose of this report is to satisfy the requirements of the Public Meeting under the Planning Act. After hearing the comments received, it is respectfully recommended that this report be referred back to Staff for further procession and the preparation of a subsequent report. Attachments: Attachment 1 - Key Map List of interested parties to be advised of Council's decision: Yusuf Moolla Ray Abbott , ATTACHMENT 1 o epor 05 EXISTING RESIDENTIAL '2 tAJl MRICING ~IGN"TED f'Ofl COMMERCIAl.. USE nphlllllll1_ .. ,..--, , , IIX1ST.1 i""""1 1----, '---I : : 1 , , rJ L___I I I I DlIST'NG I - ' I , L_______~ I I I I \ ~~~~. ~:~~~.. ..__....20oU- \ N 1.-" : ~ . 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