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Home My WebLink AboutPD-020-00 " ..",,- '-"" ~, DN:PD-020.00 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON . ~ REPORT PUBLIC MEETING Meeting: General Purpose and Administration. Committee File # ~/f7I3ft !)rxxJ-(X}')...., Res. W:::;PIJ ~ 7 ?' -OJ Date: Monday, February 28, 2000 By-law # Report #: PD-020-00 FILE #: ZBA 2000-002 Subject: REZONING APPLICATION APPLICANT: TSC STORES LIMITED BOWMANVILLE URBAN AREA FILE: ZBA 2000-002 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: . 1. THAT Report PD-020-00 be received; 2. THAT the rezoning application submitted by Norlon Builders (London) Limited on behalf of TSC Stores Limited be referred back to Staff for further processing and preparation of a subsequent report pending receipt of all outstanding comments; and, 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. 1.1 APPLICATION DETAILS 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" and "Environmental Protection (EP) Zone" to permit a 2,345 m' one storey retail warehouse store. 1.4 Site Area: 4.8 hectares (11.9 acres) 608 - . , REPORT NO.: PD-02D-00 PAGE 2 2. LOCATION 2.1 The subject lands are located at the southwest comer of Baseline Road West and Duke Street in Bowmanville (see Attachment #1). The applicant's land holdings totals 4.8 hectares (11.9 acres). The property in legal terms is known as Part Lot 11, Broken Front Concession, in the former Town ofBowmanville. 3. BACKGROUND 3.1 On January 5, 2000, the applicant submitted a rezoning application to the Municipality of Clarington. The applicant proposes to erect a one storey 2,345 m2 retail warehouse store. There will be approximately 825 m2 of outdoor storage associated with the store, to be located on the west side of the building. 3.2 TSC Stores Limited is a retail chain based on 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 rural agricultural markets. 4. SITE CHARACTERISTIC AND SURROUDING USES 4.1 The property is the site of the former Brookdale Kingsway Nursery at the southwest comer of Baseline Road West 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 westem portion of the property along Baseline Road West is generally flat due to previous regrading that was done to accommodate the 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. 609 "" I:.7'f"" , REPORT NO.: PD-020-00 PAGE 3 4.2 Surrounding Uses: East North - West - South - Howard Johnson's hotel and commercial plaza Urban residential Bowmanville Creek and C.N. Rail spur Highway 401 5. 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 the Clarington Official Plan, the subject lands are designated "Highway Commercial". The uses permitted are those which serve the specialized needs of or an occasional basis with services and facilities which consume large parcels of land, require exposure to traffic and may require outdoor storage. The proposal conforms. 5.3 The valleyland 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 BowmanviUe Creek valleyland, 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 be undertaken where development is located within 50 metres of a stream. As a result, the Municipality has initiated the study process. 6. ZONING BY-LAW CONFORMITY 6.1 The subject lands are currently zoned "Special Purpose Commercial (C5) Zone", which d()es 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)", which does not permit development within this portion of the site. 610 REPORT NO.: PD-020-00 PAGE 4 7. 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 lands. 7.2 As of the writing of this report, two general inquiries from area residents were received. The following concerns were mentioned: . the impact of increased 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; . impact of lighting from the proposal; . proximity of development to the Bowmanville Creek. These issues will be discussed in Section 9.2 of the report. 8. AGENCY COMMENTS 8.1 The Clarington Fire has no objections provided that parking spaces do not encroach into the fire route. 8.2 The Clarington Public Works Department has no objections provided that the following issues are addressed: . 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; 611 , REPORT NO.: PD-020-00 PAGE 5 o A lot grading and drainage plan must demonstrate that adjacent properties are not adversely affected by the development; o A proper commercial access must be constructed from Baseline Road; and, . The applicant mnst provide a 2% cash-in-lieu of parkland dedication. 8.3 The Ministry of Transportation has no objections provided that the following information is received for review. o Lot grading and drainage plan and stormwater management report. o Site illumination plan. o 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. 8.4 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, . o The applicant satisfies all financial requirements for electrical service construction. 8.5 C.N. Rail has no objections provided that the following conditions are fulfilled: o The Owner must install a 1.83 metre high chaiulink fence along the mutual property line; o Any alterations to the existing drainage pattern must be substantiated by a drainage report and approved by the railway; o The building must be set back a minimum of 30 metres from the right-of-way. An earthen berm must be adjacent to the right-of-way must have a height of 2.5 metres with a stable 2.5 to 1 slope. 612 . REPORT NO.: PD-020-00 PAGE 6 . The railway recommends that the applicant engage a consultant to examine noise and vibration effects resulting from operations of the line. Potential mitigation measures should be detailed. 8.6 Comments remain outstanding from the following agencies. ~ Central Lake Ontario Conservation ~ Durham Regional Planning Department ~ Durham Regional Public Works Department 9. COMMENTS 9.1 An environmental impact study is required for the application due to its proximity to the Bowmanville Creek and the associated valleylands. The Planning Department has initiated the study process for this proposal. The applicant will be required to pay for the cost of the study. 9.2 Area residents have raised a number of issues regarding the application. This section discnsses the issues raised in Section 7.2 of this report. . 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 of the traffic related to this development would travel along Baseline Road, traffic levels on Hunt Street and Duke Street are not expected to increase substantially. . The applicant has submitted information indicating that patron traffic to a TSC Store is very consistent through the day. An average customer count is approximately 320 cars per day over a ten hour period. There are a few properties with existing driveways onto Baseline Road. Although there may be some change in ease of ingress and egress, the impact is expected to be minimal. The Public Works Department does not have any traffic related concerns. . The building is situated a minimum of 80 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 will be required around the perimeter of the property to soften the impact of the development. 613 : REPORT NO.: PD-020-00 .PAGE 7 · 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 or the Highway 401 operations. . The development is in proximity to the Bowmanville Creek. An environmental impact study is required to examine any impacts on the creek. The study will recommend mitigation measures as required. 10. 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. Reviewed by, D vi Crome, M.C.I.P., R.P.P. Director of Planning & Development RH*DC*df d f^~__~ Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer. 16 February 2000 Attachment #1 - Key Map Attachment #2 - Site Plan 614 , REPORT NO.: PD-020-00 PAGE 8 Interested parties to be notified of Council and Committee's decision: A.E. LePage Investments Limited clo Chairman's Department Suite 2600 120 Adelaide Street West TORONTO, Ontario M5H lW5 Wolfgang Ginzel Norlon Builders (London) Limited 151 York Street LONDON, Ontario N6A lA8 Murray Cummings TSC Stores Limited 570 Industrial Road LONDON, Ontario N5V IVl Dawn and Joseph Duesbury 122 Duke Street BOWMANVILLE, Ontario LtC 2W2 Kerry-Anne Hille Shawn Szorady 79 Hunt Street BOWMANVILLE, Ontario LtC 2X3 John Shewchuk Royal LePage Frank Real Estate Limited 234 King Street East BOWMANVILLE, Ontario LtC IPS 615 BOWMANVILLE KEY MAP 1l~ ATTACHMEINT '1 w LOT 10 ~~r r" ,--TTT,,: ,-- T,,-- - _ --i [- i. . . ,,' , ; : ' ! . ~ : HHf1t1tm [.p- . -- .. ~~11NE ,'1AD EAST _ SUBJECT SITE LOT 11 \~.,_.::~\~_\._--~\ ~ hif11~EET i ~ a::: ~-- .::> o a::: w :::i / i ~ ------~- LAKE ROAD I I I , , , , \ \ \, ) \\ ' \\- 1'-- ~ -- ,\w: -~-C ------ - I u::r --=-- -----I ----- I ~' ~ ----- --------." I (, I I ZBA 2000-002 SPA 2000-001 616 ..-- z o (f) (f) w o z o o z o (f) (f) w o z o o I- Z o 0::: lL.. Z W ~ o 0::: m ATTACHMENT 2 r-- ! ~- , __[,]1 !~~ 1LC-l ~?JD~ > Ii __ ~(!) r'L, ~J J L l J '--1 , --,.~--~ B A S E L I N E R 0 A D , (r-~ L - - - - - - - Ii i I --- I ! f- I C I J IJ) J I \ 0 I I \ ~ proposed I~r- .l- one storey - TSC outlet store II 2342.01sq. m0 W (25200sq. ft.) 0 '{ N 5 JI / , o \ . " ~ \ , \ , . ! ~ N ( \ ~ ~ II " ::' \ "'" ~ "'~ ", \ "'" \ ~ ~ \ ~ ~ ill in " ~ ~ z z . . E l.'Z.lO'.~r ~ I H I G H W A Y N 0 4 0 1 ~ Proposed TSC Outlet, ZBA 2000-002 95 Baseline Road West, Bowmanville 617