HomeMy WebLinkAboutPD-063-01
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting:
General Purpose and Administration Committee
File # 12Li 2/3/?;;kXO -(02
Res. # &jlll-~1-0/
By-Iaw#j{;Q/- I6Ir
Date:
Monday, June 18,2001
File #: ZBA 2000-002
SPA 2000-00 I
REZONING APPLICATION
APPLICANT: TSC STORES LIMITED
PART LOT 11, BROKEN FRONT CONCESSION, FORMER TOWN OF
BOWMANVILLE
FILES: ZBA 2000-002 & SPA 2000-001
Report #:
PD-063-0l
Subject:
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee recommend
to Council the following:
1. THAT Report PD-063-0 I be received;
2. THAT the rezoning application ZBA 99-036 to amend Zoning By-law 84-63, as submitted by
Norlon Builders (London) Limited on behalf of TSC Stores Limited, to permit the
development of 2,345 m2 of retail warehouse and a 515 m2 catalogue sales outlet, be
APPROVED as shown on Attachment 4 and that the appropriate by-law be passed;
3. THAT the Region of Durham Planning Department be forwarded a copy of this report; and,
4. THAT all interested parties listed in this report and any delegation be advised of Council's
decision.
1. APPLICATION DETAILS
1.1 Applicant:
TSC Stores Limited
1.2 Agent:
Norlon Builders (London) Limited
1.3 Rezoning:
To rezone the subject lands from "Special Purpose Commercial (C5) Zone"
to permit a 2,345 m2 one storey retail warehouse.
1.4 Site Area:
4.8 hectares (11.9 acres)
635
REPORT PD-063-01
PAGE 2
2. LOCATION
2.1 The subject lands are located at the southwest corner of Baseline Road and Duke Street in
Bowmanville as shown in Attaclunent I, which is the former Brookdale Kingsway Nurseries
property. The applicant's land holdings totals 4.8 hectares (11.9 acres). The property in legal
terms is known as Part Lot II, Broken Front Concession, in the former Town of Bowmanville.
3. BACKGROUND
3.1 On January 5, 2000, the applicant submitted a rezoning and site plan applications to the
Municipality of Clarington. The applicant proposes to erect a one storey 2,345 m2 retail
warehouse. There will be approximately 810m2 of outdoor storage area associated with the
retail warehouse located on the west side of the building, which is not accessible to the public.
3.2 The application was revised approximately five months ago to contain a 515 m2 catalogue
sales outlet, which is permitted under the current zoning. Therefore, the rezoning application
does not deal with the approval ofthis use.
3.3 TSC Stores Limited is a retail chain based in southwestern Ontario with 17 stores throughout
Ontario. The retail format consists of farm animal and machinery supplies, hardware and
tools, limited home improvement supplies, automotive parts, work clothing, and gardening
supplies. They erect a large format store with some outdoor storage for larger items in high
visibility locations. Their stores primarily serve a rural agricultural markets.
3.4 A statutory Public Meeting was held on February 28,2000 to allow concerns to be raised.
Two area residents presented their concerns at the meeting. A number of general inquiries
from area residents are also received. The following represents a list of concerns.
. Impact of increase vehicular and truck traffic levels on Baseline Road, Hunt Street, and
Duke Street on area residents
. Impact of traffic on existing driveways on and near Baseline Road
. Location of the proposed building on the property could block residents' southerly views
. Impact of lighting from the proposal
. Proximity of development to the Bowmanville Creek
These issues will be discussed in Section 8.0 of the report.
,tJ16
REPORT PD-063-01
PAGE 3
4. SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The property is the site of the former Brookdale Kingsway Nursery at the southwest corner of
Baseline Road and Duke Street. The foundations of the former nursery buildings are still
present. Along Duke Street, the site slopes gently south towards Highway 401. The western
portion of the property along Baseline Road is generally flat due to previous regrading that was
done to accommodate the former C.N. Rail spur to the Goodyear tire plant. The southwest
portion of the property slopes fairly rapidly towards the Bowmanville Creek valley. A trail on
the property leads down towards the valley.
4.2 Surrounding Uses:
East:
North:
West:
South:
Howard Johnson's Hotel and commercial plaza
Urban residential
Bowmanville Creek and former C.N. Rail spur
Highway 401
S. OFFICIAL PLAN POLICIES
5.1 The lands are designated "Living Area" within the Durham Region Official Plan. Highway
commercial uses serving the specialized needs on an occasional basis are permitted within
these areas. The application conforms to the policies.
5.2 Within Clarington Official Plan, the subject lands are designated "Highway Commercial". The
uses permitted are those that serve the specialized and occasional needs ofthe public with
services and facilities which consume large parcels ofland, require exposure to traffic, and
may require outdoor storage. The application conforms to the policies.
5.3 The valley land portion of the property is designated "Environmental Protection Area".
Development will not be permitted within or impact the environmentally protected portions of
the site. The property is adjacent to the Bowmanville Creek valley land, which has been
identified as a "Cold Water Stream" and "Hazard Land" on the Official Plan's Natural
Features and Land Characteristics mapping. Section 4.3.8 of the Official Plan requires that an
environmental impact study (EIS) be undertaken where development is located within 50
metres of a stream. The study revealed that the proposal would not have any impacts on the
Bowmanville Creek. The results of the study are discussed in Section 8.0 of this report.
637
REPORT PD-063-01
PAGE 4
6. ZONING BY-LAW CONFORMITY
6.1 The subject lands are currently zoned "Special Purpose Commercial (C5) Zone", which does
not permit the type of use required by TSC Stores Limited. As a result, a rezoning application
was submitted for consideration. The floodplain is zoned "Environmental Protection (EP)
Zone", which does not permit the construction of buildings within this portion of the site.
6.2 The proposed catalogue sales outlet is a permitted use within the current zoning. This portion
of the development only requires site plan approval.
7. AGENCY COMMENTS
7.1 The Clarington Fire Department has no objections provided that parking spaces do not
encroach into the fire route.
7.2 The Clarington Public Works Department has no objections provided that the following issues
are resolved:
· An 8.0 metre road widening along Baseline Road must be dedicated to the
Municipality.
· The applicant must demonstrate that the storm sewer system can accommodate the
proposed development.
· A lot grading and drainage plan must demonstrate that adjacent properties are not
adversely affected by the development.
. A proper commercial access must be constructed from Baseline Road.
· The applicant must provide a 2% cash-in-lieu of parkland dedication.
It is noted that the above issues will be resolved through the site plan approval process.
7.3 Durham Regional Planning Department offered no objections and the following comments for
consideration:
· The subject property is designated "Living Area" and "Major Open Space" in the
Durham Regional Official Plan. The area to be developed is situated within the
"Living Area" designation. Special purpose commercial uses serving specialized needs
on an occasional basis may be permitted.
. The application has been screened in accordance with the terms of the provincial plan
review responsibilities. Stormwater from the subject property may drain to the nearby
Bowmanville Creek. A sufficient buffer or proper stormwater management technique
should be incorporated to protect the creek from any potential adverse impacts. Further
the lands have been assessed as having a high archaeological assessment due to the
proximity of the creek. An archaeological assessment may be necessary.
· Municipal water and sanitary sewers are available to the site.
638
REPORT PD-063-01
PAGE S
. Baseline Road entranceway should be designed to meet Regional requirements.
Baseline Road is a Type "A" Arterial Road. Improvements may be necessary at the
intersections to accommodate the proposed development. A traffic study will be
required to address the operation of Baseline Road at the proposed entrance, Hunt
Street, Duke Street and the Hwy 401 ramps.
It is noted the issues raised have been addressed within the rezoning application and will be
implemented through the site plan approval process.
7.4 Durham Regional Public Works Department offered no objections and the following
comments for consideration:
. The site has water and sanitary servicing available on Baseline Road. The Region, at
full expense to the applicant, shall install all connections to Regional services within
the road allowance.
. A separate domestic water service in addition to the proposed fire line is required.
. In addition to the existing sanitary easement, the Region will require the Owner to grant
additional easements for a future sanitary sewer extension.
. The applicant is required to submit to the Region of Durham Works Department, prior
to the issuance of a building permit the following:
o A completed Regional Connection Application
o Six (6) copies of the detailed site servicing plan for approval
o The Owner register on title the easements free of all encumbrances to the
Region of Durham
Similarly, the issues raised have been addressed and will be implemented through the site plan
approval process.
7.5 Central Lake Ontario Conservation in reviewing the relevant information and Environmental
Impact Study (EIS) offered the following comments with respect to the rezoning. In
consideration of the findings of the EIS, and as the filling can be carried out without negatively
impacting the flood plain, they have no objections to the requested rezoning over those
portions of the site raised above the flood elevation of 83.05 metres.
Additional comments were offered with respect to various site plan matters, which will be
addressed through the site plan approval application.
Staff would note, the proposed zoning by-law amendment attached to this report reflects the
concems of the Conservation staff.
7.6 The Clarington Public Works - Building Division offered no objections to the proposed
zoning.
639
REPORT PD-063-01
PAGE 6
7.7 The Ministry of Transportation has no objections provided that he following information is
received for review:
. Lot grading and drainage plan and stormwater management report
. Site illumination plan
. Background traffic studies as requested by Clarington
The Ministry wishes to ensure that the development does not negatively impact the Highway
401 right of way.
7.8 Veridian Corporation has no objections provided that:
. The applicant accommodates a 5.0 metre by 6.0 metre outdoor transformer pad on the
property; and,
. The applicant satisfy all financial requirements for electrical service construction.
8. COMMENTS
8.1 Section 4.3.8 within the Clarington Official Plan requires that an Environmental Impact Study
(EIS) be undertaken where development is located within 50 metres of a stream. Due to the
proximity of the Bowmanville Creek, a study was initiated by the Planning Department to
examine the impacts of the proposed development on the surrounding area.
In consultation with the Central Lake Ontario Conservation, the report and recommendations
contained therein were review. Staff would concur with the recommendations that the
development would not have any negative impacts on the Bowmanville Creek. Several
mitigative measures were recommended.
. Storm water run-off is to be controlled by extending the curbing proposed within the
parking/driveway locations.
. Salting in the lower areas should be minimized.
. No negative impact on aquatic or terrestrial life will occur as stormwater is to be cleaned
through a stormceptor and discharged into the storm sewer system.
. An erosion and sedimentation control plan is to be submitted for approval.
These issues will be addressed through the site plan application process.
8.2 Gartner Lee was retained by the owner to prepare a report for decommissioning of the site.
Staff reviewed the report and requested that the valleylands also be decommissioned at the
applicant's expense. Gartner Lee prepared an addendum to the original report, which has been
reviewed and deemed acceptable.
640
REPORT PD-063-01
PAGE 7
The site will be decommissioned to the Ministry of Environment site decommissioning
guidelines. The developable portion of the property will be decommissioned to a
commercial standard. This includes a removal ofthe existing building foundations and an
underground storage tank. The valleylands will be decommissioned to an open
space/parkland standard. The applicant's engineer must provide Records of Site Condition
for all lands indicting that they meet the Ministry of Environment standards.
8.3 Council approved the relevant By-laws on October 16,2000 to close and permit conveyance of
the unopened Hunt Street road allowance south of Baseline Road. This property forms part of
the developable portion of the site and will be transferred to the applicant prior to site plan
approval. The applicant will be responsible for decommissioning the property to a commercial
standard and providing a Record of Site Condition.
In exchange for the road allowance, the applicant will decommission and transfer the
valley land to the Municipality with the appropriate Record of Site Condition. The
Municipality will also receive a cash payment of$II,350.00 from the applicant.
8.4 The introduction of the catalogue sales outlet to the site has required that the entrance be
realigned with Hunt Street on the north side of Baseline Road. This should also alleviate
some traffic concerns raised by existing residents on Baseline Road. The applicant has
agreed to purchase a portion ofthe former C.N. Rail spur, which served the Goodyear
plant, for location of the entrance. The related application to sever the lands from the
remainder of the spur line and meld them with the site will be a condition of site plan
approval. Staff are negotiating to have the remainder of the spur line south of Baseline
Road transferred to the Municipality.
8.5 Area residents have raised a number of issues regarding the application.
· The development will result in an increased level of vehicular and truck traffic
on Baseline Road. This road is classified as a Type "A" arterial in the
Clarington Official Plan with an ultimate width between 36 and 50 metres. As
the majority ofthe traffic related to this development would travel along
Baseline Road, traffic levels on Hunt Street and Duke Street are not expected
to increase substantially.
· Residents whose driveways front onto Baseline Road were concerned about
the mid-block entrance as well as increased traffic levels. A traffic study was
submitted in support of the larger development proposal. With the
introduction ofthe catalogue sales outlet, the Public Works Department
641
REPORT PD-063-01
PAGE 8
required the driveway to be realigned with Hunt Street on the north side of
Baseline Road. The applicant has acquired the necessary land to relocate the
entrance. The Public Works Department does not have any traffic related
concerns.
· The building is situated a minimum of 65 metres from the north side of
Baseline Road. This setback significantly reduces the impact of the building
mass from the adjacent residential area. A landscaping strip with planting will
be required around the perimeter ofthe property to soften the impact ofthe
development.
· The applicant will be requested to submit a lighting plan ensuring that on-site
illumination from the proposal does not negatively impact the adjacent
residential area as well as Highway 401 operations.
· The development is in proximity to the Bowmanville Creek. An
environmental impact study, examining impacts on the creek, has
recommended mitigation measures as discussed in Section 8.1 of this report.
8.6 CLOCA has approved the cut and fill application for the development. Additional filling for
the revised entrance location within the floodplain has also been approved subject to site plan
approval and other standard conditions, one that requires the applicant to enter into a safe
harmless agreement with CLOCA.
8.7 The Municipality will be acquiring an easement over the proposed entrance for access
purposes into the valley. This would allow maintenance vehicles to use the existing path to
access the southeast part of the valley area. The Municipality will be responsible for all legal
and survey costs associated with the easement.
9. CONCLUSIONS
9.1 Based on the comments contained in this report, it is respectfully recommended that the by-law
provided in Attachment 4 to permit the development of2,345 m2 of retail warehouse be
APPROVED.
9.2 The applicant must receive site plan approval. Issues that will be completed at this time
include:
· Finalization of all site plan issues, including building elevations and
landscaping
· Approval of all engineering works and storm water management
· Preparation of a lighting study
· Completion ofthe road allowance and valley land transfers
· Ensuring that all side decommissioning has been completed
· Severance approval on C.N. Rail spur lands to realign the entrance
642
REPORT PD-063-01
PAGE 9
Respectfully submitted,
Reviewed by,
~'/V~~
Bin Newell
Acting Director of Planning and Development
d~~'~
Franklin Wu, M.C.I.P., R.P.P.
Chief Administrative Officer
RH*LT*DJC*sh
12 June 2001
Attachment No. I
Attachment No.2
Attachment No.3
- Key Map
- Site Plan
- Zoning By-law Amendment
Interested parties to be notified of Council and Committee's decision:
A. E. LePage Investments Limited
C/o Chairman's Department
Suite 2600
120 Adelaide Street West
Toronto, Ontario
M5H IW5
Wolfgang Ginzel
Norlon Builders (London) Limited
151 York Street
London, Ontario
N6A IA8
Roy Carter
TSC Stores Limited
570 Industrial Road
London, Ontario
N5V IVI
Steve Hall
95 King Street East
Bowmanville, Ontario
LIC IN4
Dawn and Joseph Duesbury
122 Duke Street
Bowmanville, Ontario
LlC 2W2
Roger Ovenden
94 Baseline Road
Bowmanville, Ontario
LlC IA6
Kerry-Ann Hille
Shawn Szorady
79 Hunt Street
Bowmanville, Ontario
LI C 2X3
John Shewchuk
Royal LePage Frank Real Estate Limited
234 King Street East
Bowmanville, Ontario
LlC IP5
643
ATTACHMENT 1
_ SUBJECT SITE
LOT 11
LOT 10
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ZBA 2000-002
SPA 2000-001
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ATTACHMENT 3
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2001._
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the former Town of Newcastle.
WHEREAS the Council of the Corporation of the Municipality ofClarington deems it advisable to amend By-law 84.
63, as amended, of the Corporation of the fonner Town of Newcastle in actordance with application ZBA 2000-002 to
pennit the development of 2,860 m2 retail connnercial floor space.
NOW TIIEREFORE BE IT RESOLVED TIlA T the Council of the Corporation of the Municipality of Clarington
enacts as follows:
1. Section 20.4 "SPECIAL EXCEPTIONS - SPECIAL PURPOSE COMMERCIAL (C5) ZONE" is hereby
amended by introducing a new Subsection 20.4.13 as follows:
"20,4.13 SPECIAL PURPOSE COMMERCIAL EXCEPTION (C5-13) ZONE
Nor.vithstanding Sections 2, 3.15, 3.20, 20.1, and 20.2, those lands zoned (C5-13) as shown on the schedules to
this By-law shall be subject to the following zone regulations:
a) Defmitions
i) Landscaping Strip
Shall mean an area of land used for anyone or more of the planting of trees, shrubs, flowers,
grass or other horticultural elements, such as decorative stonework, fencing, or screening.
ii) Sidewalk
Shall mean an area for exclusive pedestrian use constructed of concrete located between the
building and street line.
iii) Farm Equipment and Supply Store
Shall mean a store which provides farm equipment and farm supplies, the sale of a limited
variety of home improvement supplies, personal and household items such as clothing, small
household appliances, hardware, house wares, dry goods.
b) PERMITTED NON RESIDENTIAL USES
i) In addition to the uses permitted in Sectio.n 20.1, the subject lands may also be used for farm
equipment and supply store.
c)
REGULA nONS FOR NON RESIDENTIAL USES
i) Total Floor Area Leaseable (minimum)
ii) Parking Area Size
iii) Setback to EP Zone
2000 square metres
5.2 metres in length by 2.75 metres in width
. provided that such a space is perpendicular to
a landscaping strip or a sidewalk
o metres
2. Schedule "3" to By-law. 84-63, as amended, is hereby further amended by changing the zone designation from:
"Special Purpose Commercial (C5) Zone" to "Special Pwpose Commercial Exception (C5 -13) Zone" as shovm
on the attached Schedule "A" hereto.
3. Schedule "A" attached hereto shall fonn 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 Plarming Act, R$.O. 1999.
BY-LAW read a frrsttirne this
day of
2001.
BY-LAW read a second time this
day of
2001.
BY-LAW read a third time and fmallypassed this
day of
2001.
JOlIN MIJITON. MAYOR
646
PAm 1. BARRIE, MUNICIPAL CLERK
.
This is Schedule "An to By-law 2001-
passed this day of , 2001 A.D.
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N18'35',O"W 7,00 B4SEZINE ROAO WEST
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John Mutton. Mayor
Patti L. Barrie. Municipal Clerk
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