HomeMy WebLinkAboutPSD-144-05
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REPORT
PLANNING SERVICES
Meeting:
Date:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Monday, December5,2005
Report #:
PSD-144-05
File #: ZBA2005-014
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Subject:
PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT A SELF SERVE
CAR 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-144-05 be received;
2. THAT the rezoning application submitted by Moolco Investments Incorporated be
APPROVED and that the proposed Zoning By-law contained in Attachment 2 to this
Report be passed;
3. THAT Council pass a By-law to remove the "(H) Holding" symbol at such time as the
applicant has satisfied the provisions of Section 23.4.3 of the Clarington Official Plan;
4. THAT the Region of Durham Planning Department be forwarded a copy of this Report
and Council's decision; and
5. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
v . Crome, M.C.I.P., R.P.P.
Director of Planning Services
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Reviewed by: ~
Franklin Wu,
Chief Administrative Officer
TW*CP*DJC*lw
November 28,2005
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-144-05
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Moolco Investments Incorporated
1.2 Rezoning: from "General Commercial (C 1) 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 Are: 0.133 hectrares
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, dog wash facility and a mixed-use building with a ground floor
commercial unit and a second floor residential unit.
2.2 A statutory Public Meeting was held on June 20, 2005. No one spoke in opposition to
or in support of the application. As of the writing of this report, no inquiries were
received from the public.
3.0 SITE CHARACTERISTICS AND SURROUNDING USES
3.1 A single detached dwelling is located on the subject property.
3.2 The surrounding land uses are as follows:
North
South
East
West
Residential
Commercial and Residential
Residential
Commercial
4.0 OFFICIAL PLAN POLICIES
4.1 The Clarington Official Plan designates the subject lands Main Central Area within the
Newcastle Village Urban Area. The lands are designated "Strip Commercial" within
the Newcastle Village Main Central Area Secondary Plan. This designation
permits retail, personal service and office uses as well as automobile service stations.
4.2 This development is also subject to the following urban design principles contained in
the Official Plan:
REPORT NO.: PSD-144-05
PAGE 3
· 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 area and refuse collection areas shall be unobtrusive and screened where
necessary and shall generally be located at the side or rear of building;
· common vehicular access and internal circulation including service lanes connecting
abutting properties should be provided where possible.
5.0 ZONING BY-LAW
5.1 The property is in a "General Commercial (C1) Zone" which does not permit the self-
serve car wash facility. Retail commercial and residential dwelling units as part of a
building containing a non-residential use are permitted. In order to permit the proposed
development a rezoning application was submitted for consideration.
6.0 PROVINCIAL POLICY STATEMENT
6.1 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 was required and submitted to demonstrate that the proposed land use
does not cause environmental or public health and safety concerns with regards to the
noise pollution.
7.0 AGENCY COMMENTS
7.1 The Clarington Engineering Services Division, Clarington Emergency Services,
Clarington Building Services Division, Clarington Operations Services, the Ganaraska
Region Conservation Authority, Enbridge, and Veridian Connections provided no
comments or objections to the rezoning application. Items relating to the site plan
application have been forwarded to applicant to address prior to proceeding with site
plan approval.
7.2 The Durham Region Planning Department indicated that the subject property is
designated "Main Central Area" in the Durham Regional Official Plan. Main Central
Areas are the main concentrations of urban activities within area municipalities,
providing a fully integrated array of community office, service and shopping, recreational
and residential uses. The proposal would be permitted by the policies of the Regional
Official Plan. Municipal water supply and sanitary sewer service are available from King
Avenue East. A site-servicing plan showing the proposed servicing scheme for the
development will be required for site plan approval. The application has been screened
REPORT NO.: PSD-144-05
PAGE 4
in accordance with the terms of the provincial plan review responsibilities. The
proposed building with ground floor commercial and a second storey residential unit
appears to front onto Regional Highway 2 (King Avenue East). Adverse noise impacts
associated with traffic and vehicular movement may impact the residential component
of the proposed building. No other matters of provincial interest are applicable to the
application.
8.0 STAFF COMMENTS
8.1 Noise Control Study
8.1.1 The applicant submitted a Noise Control Study in support of the application. It identified
residential dwellings on Oatley Court and at 266 King Avenue East as points of
reception from the potential noise from the proposed development. Potential sources of
noise from the proposed development that could impact the residential properties
include the following:
· high pressure washers
· water impacting on vehicles
· audible warning signals
· vacuum stations
· vehicles entering and exiting the site
· idling vehicles and stereo equipment
· occasional barking dogs
8.1.2 To reduce the impact of noise from the proposed development the following items were
recommended and will be considered for inclusion in the site plan agreement:
· restrictions on the sound emission levels for the vacuum cleaners
· incorporation of visual warning signals rather than audible warning signals
· warning signs prohibiting the use of loud stereos
· staff supervision during the facility's peak hours of operation and the use of security
cameras and microphones during off-peak hours limiting the dog wash hours from
9:00 a.m. to 9:00 p.m. to reduce the potential of nuisance type noise due to dogs
barking early in the morning and late at night
8.1.3 The Noise Control Study concluded that the predicted sound levels meet the Ministry of
the Environment guidelines for the residential properties on Oatley Court, but are
exceeded for the property located at 266 King Avenue East. The study recommended
that a 3.0 metre high sound barrier be erected along the east property line to bring the
predicted sound levels to an acceptable level for the adjacent residential dwelling.
The study indicated that if the property located at 266 King Avenue East was to be
developed for a commercial use in the future, there would be no need for the 3.0 metre
high sound barrier along the east property line. As 266 King Avenue East is designated
"Strip Commercial Area" within the Newcastle Village Main Central Area Secondary
Plan, and zoned "General Commercial (C1) Zone" within Zoning By-law 84-63, the
potential for commercial development on this site is high. The property owner of 266
King Avenue East has submitted a letter agreeing to a reduction in the height of the
REPORT NO.: PSD-144-05
PAGE 5
noise barrier from 3.0 metres to 1.8 metres to be more in keeping with the existing
residential use of the property.
8.2 Urban Desion Principles
8.2.1 The applicant has made changes to the layout of the site and building elevations to
ensure compliance with the design principles contained in the Official Plan. The refuse
collection area has been relocated from the parking area to an internal location at
the rear of the building. The east, west and south building elevations of the southerly
building have been improved as these elevations will be highly visible due to the close
proximity to King Avenue in comparison to structures on adjacent lands.
8.2.2 The applicant has also agreed to protect for future shared access with the property
located at 266 King Avenue East. A condition will be incorporated in the site plan
approval, to ensure that an easement will be registered on the subject property in
favour of the property to the east once that property develops for a commercial use.
8.3 Zonino
In order to facilitate the proposal, the car wash use (motor vehicle wash) is included in
the proposed by-law (Attachment 2). It was also necessary to reduce the interior side
yard setback of 1.25 metres and rear yard setback of 5.0 metres contained in the
"General Commercial (C1) Zone" to 1.2 metres and 3.0 metres, respectively. The
number of loading spaces has also been reduced from one (1) to zero (0). Staff deems
it appropriate to delete the requirement for the loading space as the proposed use will
not require large trucks to enter the site for deliveries, and if required, deliveries can be
scheduled to occur during off peak hours.
9.0 CONCLUSIONS
9.1 The application has been reviewed in consideration of the comments received from the
circulated agencies, the public, the policies of the Clarington Official Plan, and the
Zoning By-law regulations. In consideration of the comments contained in this report,
Staff respectfully recommends that the proposed Zoning By-law amendment contained
in Attachment 2 be passed by Council. The By-law has an (H) Holding symbol. Said
symbol would be removed by By-law at such time as the applicant had satisfied the
policies of the Clarington Official Plan including the execution of a development
ag reement.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed By-law Amendment
REPORT NO.: PSD-144-05
PAGE 6
Yusuf Moolla, Moolco Investments Incorporated
Ray Abbott, Abbott Drafting & Design
James Graham
Jana McDougall
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Attachment #1
To Report #PSD-144-0E
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ZBA 2005-014
Zoning By-law Amendment
SPA 2005-021
Site Plan Application
Owner: Moolco Investments Incorporated
Attachment #2
To Report #P3D-144-05
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2005-
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 to permit
the development of a motor vehicle wash facility ZBA 2005-014;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality
of Clarington enacts as follows:
1. Section 16.5 "Special Exceptions - GENERAL COMMERCIAL (C 1) ZONE" is hereby
amended by adding thereto the following new Special Exception 16.5.48 as follows:
"SECTION 16.5.48 GENERAL COMMERCIAL EXCEPTION (C1-48) ZONE"
Notwithstanding the provisions of Sections 3.13, 16.1, 16.3ii) and 16.3.iv), those lands
zoned C1-48 on the schedules to this By-law may also be used for motor vehicle wash
and shall be subject to the following zone regulations;
i) Interior Side Yard
ii) Rear Yard
iii) Number of Loading Spaces
1 .2 metres
3.0 metres
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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
BY-LAW read a first time this day of
2005
BY -LAW read a second time this day of
2005
BY-LAW read a third time and finally passed this day of
2005
John Mutton, Mayor
Patti L. Barrie, Clerk
This is Schedule "A" to By-law 2005-
passed this day of ~ 2005 A.D.
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Patti L, Barrie, Municipal Clerk
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