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Home My WebLink AboutPSD-051-06 Cl~-!llgton REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, May 8, 2006 Report #: PSD-051-06 By-law #: b\ 0 a b - I D f (, fJa - /:) {J q. tJ b REZONING TO PERMIT A CONVENIENCE STORE ACCESSORY TO A MOTOR VEHICLE SERVICE STATION APPLICANT: SHELL CANADA PRODUCTS LIMITED File #: ZBA 2005-031 Subject: RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-051-06 be received; 2. THAT the rezoning application submitted on behalf of Shell Canada Products be APPROVED and that the attached zoning by-law amendment be adopted by Council; 3. THAT the Holding symbol be lifted at such time as the Municipality receives written assurance from the TSSA and/or a qualified person under the Environmental Protection Act that anyon-site contamination is cleaned up to accepted standards and that there is no off-site contamination from the historic operation of the gas station or that any off-site contamination has been cleaned up to acceptable standards; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: d ~~~ Franklin Wu, Chief Administrative Officer ~~L- David . Crome, M.C.I.P., R.P.P. Director of Planning Services BH/CP/DJC/sh/df 2 May 2006 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-051-06 PAGE 2 1.0 1.1 APPLICATION DETAILS Owner: Shell Canada Products Limited 1.2 Agent: Robert Dragicevic, Walker Nott Dragicevic 1.3 Rezoning: from "Service Station Commercial (C7)" to "Service Station Commercial Exception (C7-7)" to include a convenience store as a permitted use. 1.4 Location: 114 Liberty Street South. Part Lot 11, Concession 1 of the former town of Bowmanville 2.0 BACKGROUND 2.1 On July 25, 2005, Shell Canada submitted a rezoning and site plan application to permit a convenience store to be developed in conjunction with the redevelopment of the existing motor vehicle fuel bar. 2.2 The site is currently operating as a Beaver Gas Service Station. The applicant proposes the redevelopment of all existing facilities and their replacement with a new gas bar and canopy, convenience retail/pay-point building and enhanced landscaping. 2.3 The property is serviced by municipal water and sewers. 2.4 A public meeting was originally held September 17, 2005. Prior to the public meeting staff became aware of a discrepancy in the public notice with respect to the meeting time. As a result it was decided that a 2nd public meeting would be held. In addition to the public meeting held on September 17, 2005, a public open house was held on January 19, 2006, to listen and discuss concerns and issues from neighbouring residents. Approximately 26 area residents attended the open house. 3.0 PUBLIC NOTICE AND SUBMISSIONS 3.1 Public notice was given by mail to each landowner within 120 metres of the subject property and a public notice sign was installed on Liberty St. and Park St. frontages. 3.2 The planning department received two written submissions, one e-mail and one counter inquiry from the circulated residents. The submissions raised the following concerns: . The gas bar operating as a 24 hour a day facility . Traffic congestion at the Liberty and Park intersection . Safety for pedestrians crossing Park Street . Garbage and litter along Liberty Street . Negative impact on property values . Two convenience stores already service the area . Location of the gas storage tanks REPORT NO.: PSD-051-06 PAGE 3 3.3 A petition opposing the proposal with 22 signatures was submitted. The petition mentioned the same issues listed in section 3.2 of this report. 4.0 PUBLIC OPEN HOUSE 4.1 Three town staff, four representatives from Shell and their consultant and 26 residents attended the January 19 meeting. An overview of the proposal and the purpose of the rezoning application was provided. The presentation specifically addressed the following items based on comments from staff and residents from the first public meeting: · providing wood noise fencing along the north and west property line · protecting, preserving, and planting trees and landscaping · removing any contamination from the site · operating as a 24 hr facility 4.2 Residents were generally content with the site plan. Concerns were raised regarding traffic, a grade difference between the site and the abutting streets, change to a self- serve operation and change to a 24 hour operation. These comments will be addressed in section 10 of this report 5.0 LAND CHARACTERISTICS AND SURROUNDING AREAS 5.1 The lands are currently occupied by a Beaver gas service station with four fuelling positions a pay kiosk and two service bays. 5.2 Surrounding Uses: West - North - East - South - Residential Residential Residential Neighbourhood Park REPORT NO.: PSD-051-06 PAGE 4 6.0 AGENCY COMMENTS 6.1 In consideration of the nature of the application to allow a convenience store as an accessory use to an existing gas station, the application was circulated to a limited number of agencies. 6.2 Clarington Engineering, Clarington Emergency Services, Regional Planning, Central Lake Conservation Authority, and Veridian Connections, all advised verbally or in writing they had no obiection to the proposed zoning amendment. 7.0 PROVINCIAL POLICY STATEMENT 7.1 The Provincial Policy Statement (PPS) identifies settlement areas as the focus of growth and their vitality and regeneration shall be promoted. Redevelopment of the site to include the convenience store and upgrade the service station to meet the standards of the day is consistent with the Provincial Policy Statement. 7.2 The PPS states that contaminated sites shall be remediated as necessary prior to any activity on the site associated with the proposed use such that there will be no adverse effects. 7.3 Provided that any possible contamination issues associated with the historic use of the site as a service station is remediated to accepted provincial standards, the proposed use would be consistent with the PPS. REPORT NO.: PSD-051-06 PAGE 5 8.0 OFFICIAL PLAN CONFORMITY 8.1 The Durham Region Official Plan designates the subject property as Living Area. Living Areas are to be used predominantly for housing purposes. In addition convenience stores and automotive service station uses which are compatible with their surroundings are permitted. This proposal is consistent with the Regional Official Plan. 8.2 The Clarington Official Plan designates the property Urban Residential. The predominant use of lands designated Urban Residential shall be for housing purposes. However service stations and corner stores (to a maximum of 100 square metres) may be established in the Urban Residential designation subject to criteria. 9.0 ZONING BY-LAW CONFORMITY 9.1 The property is zoned "Service Station Commercial (C7)" which does not permit a convenience store, hence the subject application. Permitted uses within the C7, Service Station Commercial Exception zone include a motor vehicle fuel bar, a motor vehicle service station and the retail sale of confectionary items, sundry foods and promotional items as an accessory use. 1 0.0 STAFF COMMENTS 10.1 Shell proposes to completely remove the existing facilities and replace them with a new gas bar and an associated retail building. The retail building will include the pay area for the gas bar, a retail sales area, public washrooms, and office space. The new retail building will have a gross floor area of approximately 56.5m2. This building will be significantly smaller than most redeveloped Shell stations (usually 150m2 to 185m2). 10.2 The proposal provides for a 5 metre road widening dedication to the Region of Durham along Liberty Street and an additional 5 X 10 metre daylight corner at the intersection of Liberty Street and Park Street. Both dedications have been requested by the Region. 10.3 Durham Regional Works and Clarington Engineering did not request a traffic study. The issue of additional traffic was raised as a concern by neighbouring property owners. The site is currently operating as a service station. The rezoning will allow for limited convenience items to be available at the pay point for customers. The limited amount of retail floor area is not expected to significantly increase traffic to the site. Liberty St. is a type B Arterial Rd. and is designated to carry moderate volumes of traffic 10.4 The proposed retail/pay point building is smaller than an average Shell Kiosk and smaller than the existing Beaver Station building. The location of the bulk fuel storage tanks was another issue of concern. The site plan was reviewed for alternative locations for the storage tanks. Given the size of the site, the required room for truck movements and residential uses abutting on two sides, an improved design location was not achieved. The bulk fuel storage tanks will be installed in accordance with the REPORT NO.: PSD-051-06 PAGE 6 provisions of the Provincial Gasoline Handling Act and will be located between the building and the west property line. 10.5 The wooden fence along the north property line will be replaced with an eight foot vertical board fence. A new six foot board on board fence is also proposed along the west property line. This upgrade will reduce the impact of noise generated on site for adjacent residents. 10.6 The proposed service station is proposed to be a 24 hour facility. Clarington does not currently regulate hours of operation. This was an issue of concern for neighbouring land owners and an area of investigation by By-law Enforcement. No compromise between Shell and the community regarding hours of operation was achieved. Shell has promised no fuel delivery or garbage pick-up between the hours of 10:00 p.m. and 6:00 a.m. The Clerk's Department has written a report on the issue of hours of operation to be considered by the General Purpose and Administration Committee later in the agenda of this meeting. The report concludes that it is not legally possible to introduce regulations for the hours of operation of only gas stations and not all retail establishments in the Municipality. 10.7 Prior to approval of any building permits Shell Canada Products Limited is required to enter into a site plan agreement with the Municipality of Clarington that will deal with, among other issues, site clean-up, grading, landscaping and urban design issues. Landscaping and fencing issues with adjacent property owners has been resolved by Shell. 10.8 The Municipality has had experience with "off-site" contamination from the service stations at Liberty Street/King Street East and at Waverly Road/Baseline Road. In light of this and particularly given the small site area of the existing service station, there is the potential for the contamination of lands outside of the subject service station site. Staff recommends the zoning amendment contain a 'Holding (H)' provision in accordance with Section 23.4.3 of the Official Plan. A By-law removing the 'H' symbol will be forwarded directly to Council at such time as the conditions of site plan approval have been satisfied, and that any issues related to potential on-site and off-site contamination, and the requirements of either TSSA or the Environmental Protection Act have been complied with for redevelopment on the site for the proposed service station. 11.0 RECOMMENDATIONS 11.1 Based on the comments in this report, it is respectfully recommended that the rezoning application be APPROVED as contained in Attachment 2. 11.2 It further recommended that the 'Holding' symbol only be lifted when appropriate reports are received that anyon-site and off-site contamination has been cleaned up to acceptable provincial standards. REPORT NO.: PSD-051-06 PAGE 7 Attachments: Attachment 1 - Key Map Attachment 2 - By-law Amendment List of interested parties to be advised of Council's decision: Joe Cavello, Shell Canada Products Li m ited Robert Dragicevic, Walker Nott Dragicevic Associates Limited Gregory and Brenda Stephens Jim Buttonshaw Helen and Francis Cook Linda Sutherland Marv Bird Ed Brid Peggy and Ron Haynes Barb Buttonshaw Brian Judrom Doug Hardy Mark Rooney Randy Goudey Peter Barnard Billy Fran Andrew Bill Komazil Christine Henderson Walt Setens Roysten Bryer Joyce Hunter Brett Jeffs Kevin Anyan Attachment 1 To Report PSD-051-06 \ \ \ \ J .,.~-".,. ". .1 \ \\,,\.\') ,')~ '% ..."'V at> ~'~,-I. /7- I , . ,~~- '''~/.#'// .." .;\; .~'cC ;../~' ~ ,//,# '........ ~F .'$.>" ~ """'-\ .:"':~~.... ~ RIa.. a~.J8 iNV. &<4.28 \ \ \ \ \ \ .~ N[W ~8lllGt: :.IIo..:~"""I'Cr. \...~ ;rWA~IN~:- ~~ -KJOSl<) ~/~l;. a ~ ~ ~ ' " a ~ '" /'" i ~ LOO'" :I- i ~ TELEPHONE BOOTH 0... CONe. PAD CArCHBASIN RU04 8:'.02 INV. 8415 EXlST, CONe. CUIl8 .. CUTTtIl 20.1 CATCHBAS..... R'" 84.6J tIN. 83.21 WANHOLE. RllIl 84.84 ~.INV. 8'.43 E-W.INV. 81.92 S.INV. 81,39 o 10000 ACCESS 9WtIP 10000 JrCCDS fWMI ,..... lOO2J ,-- .. _ _ . _ _ ~~RK _ STR~E~ _ _ _ _ _ __ _ _ _ _ --f\, ZBA 2005-031 ZONING BY-LAW AMENDMENT Owner: Shell Canada Products Limited ! I II J: .... :J o en .... w w 0::: .... en ~ 0::: w m ...J Attachment 2 To Report PSD-051-06 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006- being a bylaw 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 former Town of Newcastle in accordance with applications ZBA 2005-031 and SPA2005-034 to permit a convenience store as an accessory to a permitted use NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. By adding a new Section 22.4.7 respecting lands zoned C7-7, as follows: "22.4.7 SERVICE STATION COMMERCIAL EXCEPTION (C7-7) ZONE Notwithstanding Sections 21.3 (c), 21.3 U) and 22.1 (b), those lands zoned C7-7on the Schedules to this By-law in addition to the other uses permitted in the (C7) zone, be used for a convenience store as an accessory to a permitted use." a) Front Yard (minimum) 11.6 metres b) Entrance Regulations i) The minimum distance between driveways, measured along the street line intersected by such driveway shall be 9 metres; ii) the minimum distance between a driveway and an intersection of street lines, measured along the street line intersected by such driveway, shall be 4.9 metres. 2. Schedule 3" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Service Station Commercial Exception (C7) Zone", to "Holding Service Station Commercial Exception (H)(C7-7) Zone" as illustrated on the attached Schedule "A" hereto. 3. Attachment "A" attached hereto shall form 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 Planning Act. BY-LAW read a first time this day of 2006 BY-LAW read a second time this day of 2006 BY-LAW read a third time and finally passed this day of 2006 John Mutton, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2006- passed this day of ~ 2006 A.D. , , , \ ;:,~~::;,\ \ , , II :1- \:J ,0 ,00 II- :UJ \~ 'I- 1::0:;" '\ 00 ::::;::~ \~ ,UJ dIl --p , , \ l \:;~;:;2 i?::'2- ,,0' ,/,//\" v/ '- ./' - - ,~~ ~- ... r ,_~m_ I j ,0000lJ<;C(SS_" ~ PARK DRIVE '~ ~ Zoning Change From "C?" To "(H)C7-7" John Mutton, Mo> or Patti L, Barrie, Municipal Clerk i 1[- I j ~I DRIVE L i I Ii! ~..... .\.-./~S."....Y..." 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