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HomeMy WebLinkAboutPSD-144-05 Cl!Jlpn REPORT PLANNING SERVICES Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, December5,2005 Report #: PSD-144-05 File #: ZBA2005-014 .:9 c G~ij .6<,--'5 I BY-I~.. #: ~ "-1 A(J.l,(\ (!: {~t1 '- 4 ~~-OS . , 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 . 0~JLQ~ ~~7 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 EXISTING RESIDE NTIAL ~~ .:-nt;>oo-, ~.~ ~UU:- , ;JCD c..M ~""""'" Wash Equipment and Service Area ~ 1jBUI~INGE:~A ~j S \ I / I. I /2. ~ .3. I :", '-- I 1.:....-11 , I = DOG WASH 5 CAR MRKING Dt:SIGNATED FOR ODGWASH FACILITY a CARETAKER o .:::," tv '?' ^'~ lv~ v ~C:> ,,' ~ Vlv lv+ ~" t3' Gj '" z 1= '" ;c ... .. .. !!! 5 CAR PAIlKIHG DESIGHATIiD FOR COMMERCAL USE ~.J.r t='><iu<Zc." ~.=, ,~c:t;>I7";> ~ ~ &.o.ot.::f'F .:o>c;J(c..o) ~~."..."",-,,-, ~~t~) BUILDING B lit. floor . commen:ial 2 ncI. floor. coretalrer ....klIncI .. . :! " ~'<JfS '0 ~~~r" KING AVENUE EAST 1-' I N ~ .. .. ~ f,1...:rU/Z'"7 i t-f~~Of:- 0 - U::oHt E: ....1 ~logW.l '''-l~ : 1(,;,;I.j, HP'> ~'( -....r: ~u,rtlo"?) . L-~. . . I , iEXIST, : ~I 1----: 1- ---- - --I I I I I I EXISTING ' : RESI_ : I ....266 I I 1--_1 1- ____I v ~ ~v ~<<; cf (j J7t>I~"'" F,;lJt--4l..w:.... ~/I-lj::;,~~A./:lol,.o-, 0.11:: -u>':1oln ~a...... I~ ColA, -In"" I r................ h4""""'~11 *~..., '11:-v' = t:X>oM.It- Attachment #1 To Report #PSD-144-0E ,---, : I I I , I I ' t--' 1----- I I I I I I L__________........J EXISTING WORKSHOP ~ ~<<; tv & .:::,~ ..:",~v <<.$- ~ J 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 o 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. , ",,,0 '" " ,,"" ",'" "," v ,,' ~ 6' ",+ ",' ",,,,'<- , , ~i t..--_: ,---..., , , , ~ _1 :___u: [' I [XI5TIMi ( L _ _:~~- __J I " ~ g~ ,<,-Ov -J " ",'" ....!)' ~ ." ",," ~'" J' u . " ~\t;#' -~ ---r I ___ _.-----1- KING AVENUE EAST ~ Zoning Change From "C1" To "(H)C1-48" :I ! Ii ~N'l T 'I ~'--j-_/"" John Mutton, Mayor Patti L, Barrie, Municipal Clerk ~: '" o z AVE ~,: I 1'",1 )E~' ~ d!~ ,I t:;J 1 I ~~~ ~-I~~=j" Newcastle 1,.f~1 ',\1\ " , I ~,~ il ,~, /r-/!( f--------i ; (NIl I : ~ \ ,'/ rl l-' '~~'i'~ i I~'~ BLOOM AVE ~/ (! i~'\ L--