Report shawaapp.oshawa.ca/.../06-14/...Shell-Canada-Taunton-Rd.pdf · - Also see Shell's consultant's comments in Attachment No. 5, Noise Issue: -Residents commented that the fuel

Reportshawa

To: Development Services Committee Item: Date of Report: DS-10-143 June 9,2010

Commissioner, Development Services Department

File:

Z-0312010

Date of Meeting:

June 14, 2010

Subject: Application to Amend Zoning By-law No. 60-94 Ward: 6 1348 & 1360 Taunton Road East Shell Canada

PUBLIC REPORT

1.0 PURPOSE

The purpose of this report is to provide a recommendation on an application to amend Zoning By-law No. 60-94 to rezone 1348 & 1360 Taunton Road East from PSC-A(3) (Planned Strip Commercial) to an appropriate zone to permit a fuel bar as an additional permitted use. The applicant proposes to develop a convenience store and fuel bar.

The subject site is owned by Kept Properties (Peter Traicus). Shell Canada has entered into a long term lease for the subject site.

Attachment No. 1 is a map showing the location of the subject site and the existing zoning for the area.

Attachment No. 2 is a copy of the site plan submitted by the applicant.

Attachment No. 3 is a copy of the proposed building elevation for the convenience store.

On May 31, 2010 a public meeting was held in respect to the rezoning application. At its conclusion, the Development Services Department adopted a recommendation to refer the application back to staff for further review and the preparation of a subsequent report and recommendation. The minutes of the public meeting form Attachment No. 4 to this report.

Attachment No. 5 is a copy of a letter dated June 2, 2010 prepared by Walker, Nott, Dragicevic Associates Ltd (agent of Shell Canada) in response to issues raised at the May 31, 201 0 public meeting.

Report to the Development Item: DS-10-143 Services Committee (Continued) - 2 - Meeting Date: June 14,2010

2.0 RECOMMENDATION

That the Development Services Committee recommend to Council:

1. That, pursuant to Report DS-10-143 dated June 9, 201 0, the application submitted by Shell Canada to amend Zoning By-law No. 60-94 to rezone 1348 & 1360 Taunton Road East from PSC-A(3) (Planned Strip Commercial) to an appropriate zone to permit a fuel bar as an additional permitted use be approved in accordance with the comments contained in the above noted Report.

3.0 EXECUTIVE SUMMARY

In response to a rezoning application submitted by Shell Canada for 1348 & 1360 Taunton Road East, this Department recommends the approval of an amendment to Zoning By-law No. 60-94 to permit the development of a fuel bar. The proposed development conforms to the Oshawa Official Plan and the Taunton Part II Plan. The subject site is located at the intersection of two arterial roads (Taunton Road East and Townline Road North) and the development can be designed to be compatible with adjacent land uses.

4.0 INPUT FROM OTHER SOURCES

4.1 Public Comments

P The minutes of the public meeting concerning the subject application form Attachment No. 4 to this report.

P Some residents in the area opposed the subject application. The key reasons for the opposition are set out below together with a staff response.

Traffic

Issue:

- A key concern was that eastbound traffic trying to access the subject site may travel through the residential community to the west and north since eastbound left hand turn movements into and out of the site would not be permitted due to the installation of medians along Taunton Road East and Townline Road North at the intersection.

Staff Response:

- The Region of Durham does not support any eastbound or northbound left turns in or out of the site no matter what is developed on the site. Any development access would be restricted to right inlright out turns only based on the need to reduce the disruption to traffic flow and to minimize the risk of collisions. This represents good access management and safety practice and is consistent with

Report to the Development Item: DS-10-143 Services Committee (Continued) - 3 - Meeting Date: June 14,2010

the Region's approach on recent fuel bar development applications in the Region.

- It is unlikely that drivers from outside the community will drive through the adjacent residential neighbourhood to access the site from Townline Road North (e.g. going east on Taunton Road East, then north on Arborwood Drive, then east on Coldstream Drive and then south on Townline Road North). This is not a "shortcut" but rather is circuitous. It is more likely drivers would patronize another fuel bar in the area. In addition, future commercial development on the west side of Townline Road North will allow drivers to enter and then drive back down to the fuel bar via cross access agreements.

- Also see Shell's consultant's comments in Attachment No. 5,

Noise

Issue:

- Residents commented that the fuel bar use would create a noise nuisance to nearby residences.

Staff Response:

- A noise study, prepared by a qualified acoustical engineer, is required as part of the site plan approval process. The study will identify any potential noise sources and recommend, if necessary, mitigation measures to ensure the operation complies with the Ministry of Environment's noise guidelineslcriteria. The recommendations of the approved study will be implemented during any site plan approval process.

- Also see Shell's consultant's comments in Attachment No. 5.

Lighting

Issue:

- Residents commented that lighting from the site could create a nuisance to nearby residences.

Staff Response:

- A lighting plan, prepared by a qualified professional, is required to be submitted as part of the site plan approval process. The assessment will ensure that the lighting on the site complies with the City's lighting policy (e.g, full cut off fixtures) and that the light does not spill-over onto adjacent residential properties. The approved lighting plan will be implemented during any site plan approval process.

- Also see Shell's consultant's comments in Attachment No. 5.

Report to the Development Item: DS-10-143 Services Committee (Continued) - 4 - Meeting Date: June 14,2010

Issue:

- An issue of concern raised by the residents was the potential for odour emissions from the garbage enclosure to create a nuisance to nearby residences.

- Location of refuse bin in northwest corner.

Staff Response:

- Typically refuse containers are only enclosed by a wood fence. In this case, refuse will be stored in a fully enclosed building having the same architectural design and finish as the retail store. A refuse building will better control any odours. In staff's experience, few if any odour complaints are received from uses such as this with a fully enclosed refuse building.

- The refuse bin in the north west corner allows access by the refuse removal contractor; other parts of the site are not accessible for this truck.

- The hours for any refuse pickup will only be permitted between 9:00 a.m. to 6:00 p.m. This will be addressed in the site plan agreement and is consistent with other commercial development in the Taunton RoadIHarmony Road area.

- Also see Shell's consultant's comments in Attachment No. 5.

Landscape Buffers

Issue: - The public expressed the need for adequate landscape buffers along the north

and west sides of the property to provide a visual buffer.

Staff Response:

- There is a considerable distance buffer between the site and the nearest residential properties to the west.

- Through the further processing of the site plan application, appropriate tree planting, (coniferous and deciduous trees) will be implemented to further buffer the site from adjacent residential properties. Coniferous planting will provide year round landscape screening.

- Also see Shell's consultant's comments in Attachment No. 5

Report to the Development Item: DS-10-143 Services Committee (Continued) - 5 - Meeting Date: June 14, 2010

Potential Impact On The Abutting City Storm Water Management Facility

Issue:

- A number of residents were concerned that the proposed development would have an adverse impact on the adjacent stormwater management facility owned by the City.

Staff Response:

- The proposed development must comply with all the Provincial, Central Lake Ontario Conservation Authority and City's Engineering Services requirements to mitigate any potential impacts on the storm water facility (e.g. in the event there is a fuel spill or leakage from the underground fuel tanks).

4.2 Other Departments and Agencies

9 No department or agency that provided comments has any objection to the proposed development. Certain technical issues and requirements have been identified and can be addressed during the site plan approval and building permit processes, if this rezoning application is approved.

4.3 Auditor General

P The Auditor General has no comment.

5.0 ANALYSIS

5.1 Background

P The subject site is located on the northwest corner of Taunton Road East and Townline Road North.

9 A fuel bar is not permitted under the existing zoning for the site. Accordingly, the applicant has submitted an application to amend Zoning By-law No. 60-94 to permit a fuel bar.

P The following is background information concerning the subject application:

Existing RequestedIProposed Oshawa Official Plan Planned Commercial Strip No Change Designation Taunton Part II Plan Planned Commercial Strip No Change Designation Zoning By-law No. 60-94 PSC-A(3) (Planned Strip An appropriate zone to permit a

Commercial) fuel bar as an additional

1,n I i

- - ,I a

Report to the Development Item: DS-10-143 Services Committee (Continued) - 6 - Meeting Date: June 14,2010

permitted use Use Vacant Fuel bar and convenience store

P Adjacent Land Uses:

North Vacant land and commercial uses South Vacant land across Taunton Road East East Taunton Tire (automobile repair garage and tire sales) across Townline Road

North West City owned stormwater management facility

P Proposed Development Details:

1 Lot Area 1 2,657 square metres (28,601 sq. ft.) Number of Fuel Pump Islands Proposed 5 Number of Fuel P u m ~ s Pro~osed 12 Gross Floor Area of Convenience Store 184.4 square metres (1,984.9 sq. ft.) Parking Spaces Required 8 Parking Spaces Proposed 8

5.2 Oshawa Official Plan and Taunton Part II Plan

P The subject site is designated as Planned Commercial Strip in both the Oshawa Official Plan and the Taunton Part II Plan.

P Section 2.2.5.2 of the Oshawa Official Plan reads, in part, as follows:

"2.2.5.2 Areas designated as Planned Commercial Strip shall permit commercial uses that, by their nature of their function, require direct access or exposure afforded by frontage on an arterial road. In addition, limited office, development and limited retail and personal service uses may be permitted in areas designated as Planned Commercial Strip provided that such uses are compatible with their surroundings and do not detrimentally affect the development and function of Central Areas in accordance with Section 2.1 of this Plan."

P Sections 2.2.7.5 and 2.2.7.6 of the Oshawa Official Plan read as follows:

"2.2.7.5 Automobile service stations, washes and fuel bars may be permitted within the commercial land use designations shown on Schedule "A" subject to the following:

(a) Being appropriately zoned within a special zoning category; (b) Not being a nuisance to adjacent residential areas within the context

of Section 2.2.7.6;

Report to the Development Item: DS-10-143 Services Committee (Continued) - 7 - Meeting Date: June 14,2010

(c) Being located abutting an arterial or collector road and having access to these roads;

(d) Not being adjacent to or opposite schools; and (e) Permitting a maximum of two such uses per intersection."

"2.2.7.6 When evaluating a proposal to develop or expand automobile service stations, washes and automotive fuel bars, consideration shall be given to the following:

(a) The potential audio, visual and other pollution effects of such a use on adjacent land uses or properties, whether they be developed or undeveloped, and

(b) The potential effects of such a use on the parking and traffic circulation system generated by adjacent uses, and on the traffic movement on adjacent streets."

P Section 8.5.7.2 of the Taunton Part II Plan reads as follows:

"8.5.7.2 In order to encourage the adequate provision of convenience commercial facilities, the maximum gross leasable floor space of individual components within a Planned Commercial Strip designation shall not exceed 223 m2 (2,400 sq. ft.)."

P Taunton Road East is designated as a Type 'A' Arterial Road and Townline Road North is designated as Type 'B' Arterial Road in the Oshawa Official Plan and Taunton Part II Plan.

P The subject application conforms to the Oshawa Official Plan and the Taunton Part II Plan.

5.3 Zoning By-law No. 60-94

P The subject property is zoned PSC-A(3) (Planned Strip Commercial) in Zoning By-law No. 60-94 which permits a range of commercial and residential uses including a convenience retail store. The maximum gross leasable floor area of any individual commercial occupancy is 223 square metres (2,400 sq. ft.) in the PSC-A(3) Zone.

P A fuel bar is not permitted in a PSC-A(3) Zone. The applicant has requested that the subject site be rezoned to an appropriate zone to permit a fuel bar as an additional permitted use.

P This Department has no objection to the approval of the subject application for the following reasons:

(a) The subject application conforms to the Oshawa Official Plan and the Taunton Part II Plan;

Report to the Development Item: DS-10-143 Services Committee (Continued) - 8 - Meeting Date: June 14,2010

(b) The proposed development can be designed to be compatible with adjacent land uses. There is a considerable setback between the subject site and the nearest residential properties to the west and north;

(c) The proposed development is located at the intersection of two arterial roads; (d) Professional studies regarding noise and lighting are required to be approved by

the City and implemented in the site plan agreement; (e) The refuse pick up hours will be regulated in the site plan agreement; and, (f) The proposed fuel bar use could be considered to have less of an impact on

adjacent residential properties (e.g. traffic and odour) when compared to uses already permitted on the subject site (e.g. drive-through restaurants).

9 This Department has no objection to an amendment to the Zoning By-law No. 60-94 which would rezone the subject site to an appropriate zone that would permit the proposed fuel bar as an additional permitted use.

5.4 Site Design Considerations

9 The applicant proposes to develop a fuel bar and convenience store on the site. The development is proposed to be serviced with municipal water and a sanitary holding tank since municipal sanitary services are not yet available to the site. The applicant has agreed to connect to the municipal sanitary service when it is extended to the site.

9 Refuse storage is proposed to be located in a stand alone building

9 The applicant has submitted an application for site plan approval for the proposed development.

9 Detailed design matters will be reviewed during the further processing of the site plan application to ensure compliance with the City's Landscape Design Policies and other policies, if the subject rezoning application is approved.

9 The site plan approval process will address various matters such as the following:

(a) Servicing and stormwater management matters; (b) Noise and lighting matters; (c) Appropriate landscaping and fencing; (d) Sitelbuilding design in consideration that this is a gateway into the City; (e) Transportation matters including access to and from the site including the need for

future cross access easements with the land to the north; and, (f) Refuse pick up hours.

6.0 FINANCIAL IMPLICATIONS

9 There are no financial implications.

Report to the Development Item: DS-10-143 Services Committee (Continued) - 9 - Meeting Date: June 14,2010

7.0 RESPONSE TO THE COMMUNITY STRATEGIC PLAN

P Approval of the subject application would advance Goal B (A Green and Sustainable Community) of the City's Community Strategic Plan by managing growth and using land wisely.

Paul Ralph, B.E.S., RPP, Director Planning Services

Development Services Department

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DS-10-143 Attachment No. 4

DEVELOPMENT SERVICES COMMITTEE MEETING Mav 31,2010

DS-10-113 Application to Amend Zoning By-law 60-94, 1348 & 1360 Taunton Road East, Shell Canada (Ward 6)

The Committee reviewed Report DS-10-113 dated May 26, 2010 from the Commissioner, Development Services providing background information regarding an application submitted by Shell Canada to amend Zoning By-law 60-94 to rezone 1348 and 1360 Taunton Road East from PSC-A(3) (Planned Strip Commercial) to an appropriate zone to permit a fuel bar as an additional permitted use.

Robert Dragicevic, Senior Principal for Walker, Nott, Dragicevic Associates Limited provided an overview of the proposal on behalf of Joe Cavallo, Shell Canada Limited and Peter Traicus, advising they have submitted applications to rezone 1348 and 1360 Taunton Road East to permit a fuel bar as an additional permitted use and advised the fuel bar and convenience store will be accessible from Townline Road and Taunton Road. Robert Dragicevic also provided conceptual drawings of the site and reviewed the faqade and landscaping treatments.

The Committee questioned Robert Drag icevic.

The Chair asked if any members of the public wished to address the Committee concerning the application.

William Morris, resident of Aldergrove Crescent addressed the Committee in opposition to the application expressing concern regarding increased traffic and noise.

Jason Ivemey, resident of Aldergrove Crescent addressed the Committee in opposition to the application expressing concern with noise, the potential environmental impact on the stormwater pond and pollution, and questioned what will happen to the mature trees currently on the property. The delegate also questioned if Clarington residents were advised of the application.

Kevin Fenelon, resident of Aldergrove Crescent addressed the Committee in opposition to the application expressing concern with noise, light, pollution and the potential impact on the stormwater drain.

Ryan Lavender, Schliess Developments, addressed the Committee questioning if the fence at the back of the property will be removed.

Moved by Councillor Nicholson, "That the application submitted by Shell Canada to amend Zoning By-law 60-94 to permit a fuel bar at 1348 and 1360 Taunton Road East as an additional permitted use be referred back to the Development Services Department for further review and the preparation of a subsequent report and recommendation. This referral does not constitute or imply any form or degree of approval." CARRIED.

:;

June 2,2010

Development Services Department Corporation of the City of Oshawa 50 Centre Street South (8th Floor) Oshawa, Ontario L1 H 327

Attention: Mr. Paul Ralph Director, Planning Services

Dear Mr. Ralph:

Re: Shell Canada Products Limited Zoning Bylaw Amendment Application (City File No. 2-2013-03) North-west Corner of Taunton Road and Townline Road Our File: 09.594

As requested by David Sappleton of your department, we are providing the following responses and information for your consideration and reporting to Development Services Committee on this matter. As indicated we are hopeful that the rezoning application can be dealt with at the meeting of June 14'~ allowing for Council consideration of an amending zoning bylaw at the meeting of June 28'h.

We are today in receipt of various comments related to the site plan application which has been filed for the development of this property and we would assure you that we will be moving diligently to provide the modifications to the site plan in response to those comments and look forward to resolving those matters with staff in a timely fashion.

At the public meeting on Monday evening several comments or concerns were raised which we have been asked to provide a response. For convenience I am following the order of Mr. Sappleton's email to our office.

1) Traffic travelling from the west will be unable to access the subject site and may resort to routing through the residential community to the northwest or U-turning on Townline Road north of the site or on Taunton Road east of the site.

The intersection of Taunton and Townline Roads is being reconstructed by the Region this summer. Both roads, as major arterials, will have medians installed at the intersection precluding all left turn moves into the Shell property. This is a very typical condition at intersections in the Region. In our view, there is limited potential and likelihood of westbound Taunton Road traffic travelling north along Townline Road and circulating through the residential area to the east trying to access the site. Fuel sites are typically not destination locations. If the site is not readily accessible the customer would typically move to another fuel

Walker, Nott, Dragicevic Associates Limited Planning Urban Design

90 Eglinton Avenue East Suite 701 Toronto, Ontario M4P 2Y3 Tel. 4161968-351 1 Fax. 41 61960-01 72 e-mail: [email protected] web: www.wndDlan.com

Peter R. Walker, FCIP. RPP Wendy Nott, FCIP. RPP Robert A. Dragicevic. MCIP. RPP Senlor Principals

Martha Coffey Controller

Mr. Paul Ralph June 2,2010 Director, Planning Services Page 2

offering location. While there may be the odd incident of someone trying to circulate through the residential it is not reasonable to assume that this will occur on a regular basis. The primary entry into the residential community is approximately a half kilometre to the north (Coldstream Drive) which would connect to Arborwood Drive which in turn connects to Taunton Road, west of the site. The medians would again prevent entry to the Shell site.

The median to be constructed on Townline Road by the Region this summer will be extended by Shell at their cost as per Regional requirements to preclude left turn movements into the Shell site. Again this is a typical and standard requirement which most if not all of the oil companies have come to accept at these intersections in the Region.

2) Noise and light will be a nuisance to nearby residences and will need to be buffered.

We will be retaining an acoustical expert to identify potential sources of noise from the operation of the site and we will incorporate their recommendations into a final site plan. At this point we would point out that the entire design of the facility has been oriented to the major road frontages. The retail building and the garbage enclosure have been designed in such manner as to keep all activity related to the buildings in the forecourt of the site, and thereby along the busy road frontages. Potential sources of noise on the site would consist of air conditioning units integrated on the roof of the building, garbage pick up (bins by private contractors), and deliveries to the site and vehicle movements on the site. In developing the design for the site we were mindful of the distance between the commercial properties and the Shell site in particular from the residences to the north and west. The separation distance between the area proposed to be used by Shell and the nearest property lines of the residences to the west and north (approximately Iloft and more then 500ft respectively) provides a substantial area of separation between the commercial and residential uses. We would also note that the Taunton Road and Townline Road frontages are both designated and zoned for a wide variety of commercial and automotive commercial functions.

Lighting of the site will be addressed with a photometric analysis to ensure that there is no detrimental impact from the lighting of the property. All site lighting will be internally directed and shielded as necessary to militate against spill over of light. Shell's lighting of their sites, including canopy lighting, will utilize LED lighting and motion activated lighting which adjusts lighting according to the level of activity on the site. For example the lighting level at the site will be reduced to 30% of the full lighting requirement when the site is least active, which may be during the early morning hours of operation. This is a corporate initiative which has the dual benefit of energy efficiency and ensuring adequate site lighting. The photometric analysis will assume the lighting at full operating conditions, hence in the worst case scenario and mitigations will be designed against that result.

Mr. Paul Ralph June 2,2010 Director, Planning Services Page 3

3) Is there a need for a fuel bar in this area?

As a matter of planning principles, the application is consistent with the approved Regional and local Official Plans which would typically address "need". No amendment to the Official Plan is required. The intersection of Taunton Road and Townline Road is an intersection of two major arterial roads which will carry significant traffic volumes now and more so in the future. The location of fuel stations typically occurs at these types of locations and Shell, as one of the major retail fuel suppliers in Canada, recognizes the need that could be satisfied at this location. In our client's opinion, and in through their long term investment in the site, is satisfied that there will be sufficient market need and demand to support the development of this site. In our view there is need for the site to be developed as a gas barlconvenience store and there will sufficient market demand to support that development.

4) Garbage enclosure can be an odour nuisance and possibly a visual nuisance to nearby residences.

Generally, we would agree that there could be an odour nuisance and possible visual nuisance with a garbage enclosure. In this case the garbage enclosure will be constructed with the same materials and finishes as the main retail building. It will be fully roofed and thereby totally enclosed. The access to the building will be via a roll top door. The enclosure will therefore be an attractive, small (approximately 253 sq ft. and 10 ft in height) building and unlike typical unenclosed wood enclosures. Visually it will be an attractive structure and through the site plan process we will be providing additional landscape treatments to the north and west of the structure, likely in the form of more deciduous tree screening. Given the size and height of the garbage enclosure, the intervening commercially designated properties to the north and the storm water pond to the west, and the separation of the area of development to the nearest residential properties (Over 500 ft to the north and over 110 ft to the west, from lot line to lot line) the enclosure should not be a visual or odour concern to residents.

Furthermore the proposed use does not contain a drive through function serving food and food will not be prepared on site. The garbage stored in the enclosure will not contain high volumes of food products or discarded foods which might typically create odour concerns.

5) Design appears to have minimal landscaping and opportunity for barriers if needed. Conifers needed to provide year-round foliage.

The landscape plan for the property will be reviewed in greater detail as part of a resubmission of the site plan. We are investigating additional landscape treatments in the North West part of the site to address comments raised at the public meeting and we will be looking at the other comments related to

Mr. Paul Ralph June 2,201 0 Director, Planning Services Page 4

landscaping at the same time. Insofar as fencing is concerned that too will form part of further consideration of the site plan and we look forward to reviewing this further with staff.

We trust that this response is sufficiently detailed to allow for your process related to the zoning bylaw amendment to continue to a June consideration by Council. Should any additional information be required or you wish to discuss this further please do not hesitate to contact the undersigned or Shannon Sigouin of this office.

Yours very truly,

WALKER, NOTT, DRAGlCEVlC ASSOCIATES LIMITED Planning . Urban Design

Robert A. Dragicevic, MCIP, RPP Senior Principal

cc. Mr. Joe Cavallo, Shell Canada Limited Mr. David Sappleton, City of Oshawa