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HomeMy WebLinkAboutPDS-062-25Public Meeting and Recommendation Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: November 10, 2025 Report Number: PDS-062-25 Authored By: Submitted By: Reviewed By: File Number: Report Subject: Shrija Vora, Planner II Darryl Lyons, Deputy CAO, Planning and Infrastructure Services Mary-Anne Dempster, CAO ZBA2025-0009 Resolution#: Zoning By-law Amendment application to permit an eating establishment use at 2305 Highway 2 Purpose of Report: The purpose of this report is to provide information to the public and recommend approval if there are no major concerns raised from the public. Recommendations: 1.That Report PDS-062-25 and any related communication items, be received; 2.That Staff receive any comments from the public, review agencies, and Council with respect to the Zoning by-law Amendment application to permit an eating establishment use; 3.That the Zoning By-Law amendment application submitted by the applicant be supported and the By-law in Attachment 1 to this report be approved; 4.That all interested parties listed in Report PDS-062-25 and any delegations be advised of Council’s decision. Municipality of Clarington Page 2 Report PDS-062-25 Report Overview IGP Realty Advisors, on behalf of Suncor Energy Inc., has submitted a Zoning By-law Amendment application to permit a new eating establishment with a drive-through in addition to the other commercial uses already permitted at 2305 Highway 2, Bowmanville. The applicant is proposing redevelopment of the site, which involves demolishing the current gas canopy and replacing it with a new one, with slight adjustments in location and orientation. The existing drive-through car wash will be retained. A new eating establishment: KFC with a drive through facility and a convenience store is proposed to have a combined gross floor area of 287.5 square metres. The proposed use conforms with the Clarington Official Plan. The purpose of this report is to obtain public input. If no significant issues are raised by the public, then staff recommends that Council approve the Zoning By-law Amendment contained in Attachment 1 of Report PDS-062-25. 1. Additional Details 1.1 Owner: Suncor Energy Inc. 1.2 Applicant: IGP Realty Advisors c/o., Blair Gagnon 1.3 Proposal: To permit an eating establishment use 1.4 Area: 0.55 hectares (1.35 acres) 1.5 Location: 2305 Highway 2, Bowmanville 1.6 Roll Number: 1817-010-020-17521 Municipality of Clarington Page 3 Report PDS-062-25 Figure 1: Subject Property 2. Background 2.1 On May 15, 2025, application for a Zoning By-law Amendment and a Site Plan Amendment were submitted to redevelop the subject site. 2.2 The owner is proposing to redevelop the subject site with an addition of eating establishment, (proposed KFC restaurant) with a drive through facility. The purpose of the Zoning By-law Amendment application is to receive site-specific zoning for the subject lands, adding an eating establishment and drive-through as permitted uses. 2.3 The subject land is proposed to be redeveloped with the relocation of the existing 8 channel gas canopy and pumps, a replacement of the existing convenience store building with a new building containing a convenience store and an eating establishment with a drive-through, a redeveloped parking area, with no change to the existing car wash. Bicycle parking and additional pedestrian features are proposed to be added to the site. 2.4 The site and subject lands are currently accessed by an entrance on Boswell Drive and two entrances on Highway 2. The redevelopment of the site will close off access to the westernmost entrance on Highway 2, and relocated the Boswell Drive entrance slightly north, the easternmost entrance will remain. Municipality of Clarington Page 4 Report PDS-062-25 3. Land Use Characteristics and Surroundings Uses Paragraph Sub-heading 3.1 The subject property is irregular shaped with an area of approximately 0.55 hectares (1.35 acres). The subject lands contain an existing motor vehicle fuel bar, convenience store, and car wash. The surrounding uses are as follows the:  a) North – Commercial plaza with multiple retail and eating establishments b) West - An operating Pick Your Own Farm c) East – Low rise residential dwellings d) South – Low rise residential dwellings 4. Provincial Policy Provincial Planning Statement 4.1 The Provincial Planning Statement (PPS 2024) encourages planning authorities to support create healthy, livable, and safe communities by accommodating an appropriate range and mix of housing types and development patterns, while making efficient use of land and infrastructure with Settlement Areas. Opportunities for redevelopment and intensification are to be promoted where it can be accommodated. Municipal officials plan, secondary plans, and neighbourhood design plans support the PPS through land use designations and policies. 4.2 Settlement areas shall be the focus of growth and development. Within settlement areas, growth should be focused in, where applicable in strategic growth areas. 4.3 Land use patterns within settlement areas should be based on densities and a mix of land uses which: a. efficiently use land and resources; b. optimize existing and planned infrastructure and public service facilities; c. support active transportation; d. are transit-supportive, as appropriate; and e. are freight-supportive. Municipality of Clarington Page 5 Report PDS-062-25 4.4 The PPS (2024) also states that Planning authorities shall support general intensification and redevelopment to support the achievement of complete communities, including by planning for a range and mix of housing options and prioritizing planning and investment in the necessary infrastructure and public service facilities. 4.5 The proposal is consistent with the Provincial Planning Statement. 5. Official Plans Durham Regional Official Plan 5.1 The Durham Region Official Plan designates the subject property as “Community Area”. The objective of “Community Areas” is to develop complete communities that address various socio-economic factors, providing a range of housing, transportation, and lifestyle choices, and creating opportunities for residents to live, shop, work, and access services and amenities within their community. 5.2 The proposal conforms with the Durham Region Official Plan. Clarington Official Plan 5.3 The Clarington Official Plan designates the subject lands “Urban Residential”. The “Urban Residential” designation is predominately intended fo r housing purposes. Therefore, any non-residential uses must align with and enhance the residential character of the area. This alignment can be achieved through the type of proposed use, its scale, and compatibility with residential uses that could include small scale service, neighbourhood retail commercial uses etc. In addition, Highway 2 and Boswell Road are designated as a Type ‘B’ Arterial Road within the Clarington Official Plan. 5.4 Policy 5.4.9 outlines specific development criteria for service station development, requiring high-quality architectural design and landscaping, with particular attention to the treatment of corners. Furthermore, the policy calls for a limited number of access points that do not disrupt traffic flow. 5.5 The official plan mandates that drive-through facilities must be situated on sufficiently spacious lots with buildings oriented toward the primary street frontage. Stacking lanes should not encroach into setback areas, and it's crucial to maintain adequate separation between the proposed facility and nearby residential areas. 5.6 Allowing an eating establishment is considered an additional, yet compatible, commercial use within an Urban Residential designated area, intended to support neighbourhood commercial needs. 5.7 The proposal conforms to the Clarington Official Plan. Municipality of Clarington Page 6 Report PDS-062-25 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject property as “Service Station Commercial (C7)”. The C7 Zone is used for service station motor vehicle fuels bars within the Uban Settlement Areas. Although the zone permits all existing uses, that is the motor vehicle fuel bar, convenience store and car wash, it does not permit facilities for the preparation of food on site. 6.2 The owner is seeking an amendment to the “Service Station Commercial (C7)” zone in order to permit eating establishment with a drive-through facility that would facilitate the proposed redevelopment of the subject site. 7. Summary of Background Studies 7.1 The Owner’s consultant submitted following technical reports and studies in support of the application. A summary of their conclusions is provided below: Planning Justification Report, IGP Realty Advisors Inc., May 2025 7.2 A Planning Justification Report was submitted by IGP Realty Advisors Inc. in support of the additional eating establishment use. The Report concludes that the application represents orderly and proper land use planning that will positively contribute to the quality of life in the Municipality of Clarington. Phase 1 and Phase 2 Environmental Site Assessment, Parsons Inc., March 2024 7.3 A Phase One and Phase Two Environmental Site Assessment (ESA) were prepared by Parsons Inc. The Phase One ESA concluded that there were four (4) potentially contaminating activities (PCAs) identified at or within the Study Area that have the potential to impact soil and/or groundwater and, therefore a Phase Two ESA was recommended to investigate these APECs. The Phase Two ESA was conducted in conjunction with the Phase One ESA. The Phase Two ESA consisted of a borehole investigation, collection of soil samples, and the collection of groundwater samples for analysis of contaminants of potential concern. 7.4 The Phase One and Phase Two ESA concludes that the SAR exceedances in soi l are due to salting and de-icing activities for the safety of vehicular and pedestrian traffic and therefore has no further concerns. Municipality of Clarington Page 7 Report PDS-062-25 Functional Servicing Report, Sabourin Kimble & Associates Ltd. Consulting Engineers, March 2025 7.5 A Functional Servicing Report was prepared by Sabourin Kimble. The Report evaluates the properties servicing in relation to water supply, storm drainage, sanitary drainage, stormwater management and grading. The Report concludes that the site can be serviced with existing and proposed services that will meet all required conditions for the Municipality of Clarington. 7.6 The Report concludes that all required conditions for the Municipality of Clarington have been satisfied as there will be no increase in stormwater flow from the site, the stormwater management facilities provide an enhanced level of protection, and the Sediment and Erosion Control Plan demonstrates how erosion and sedimentation will be minimized during construction. Geotechnical Investigation Report, Downunder Geotechnical Limited, February 2024 7.7 A Geotechnical Investigation Report was prepared by Downunder Geotechnical Ltd. The Geotechnical investigation presents findings and design recommendations for the proposed development to ensure appropriate course of action for earthworks in support of the proposed development. Traffic Impact Study, BA Group, March 2025 7.8 A Traffic Impact Study was prepared by the BA Group. The traffic study concludes the proposed site plan is appropriately configured to accommodate all vehicle s associated with the additional uses without negatively impacting Highway 2 or Boswell Drive. Noise Study, YCA Engineering Limited, February 2025 7.9 A Noise Study was prepared by YCA Engineering Ltd. The report concludes that with the noise mitigation measures identified in the report, sound levels are expected to be in compliance with the Ministry of Environment, Conservation and Parks, and the Municipality of Clarington. The recommendations include: a) Acoustic barrier along the south and east property lines of the gas station have been taken into consideration for noise analysis purposes. b) It is recommended that the occasional tanker deliveries occur from 7:00 to 19:00 only with limited idling time. c) The Audio Speakers Sound Power Level should be adjusted to 80dBA or less to ensure the sound level of 45dBA is met at the closest receptor property lines. d) The garbage pickup and infrequent deliveries for the proposed commercial development are recommended to occur during the daytime. The garbage pick up and infrequent/unscheduled deliveries are generally excluded from the stationary source noise sources; however, some activities may be audible at times; Municipality of Clarington Page 8 Report PDS-062-25 e) The vehicular traffic in the parking area is expected to be insignificant, due to high ambient sound level from Highway 2. 8. Public Notice and Submissions 8.1 Given the Canada Post strike, Public Notice were sent out by courier to residents within 120 metres of the subject lands, on October 21, 2025. Two public meeting signs were installed on the subject lands fronting Highway 2 and Boswell Road. Details of the proposed application were also posted on the Clarington Connect platform. 8.2 At the time of writing this report, no public comments have been received. 9. Departmental and Agency Comments 9.1 A list and summary of the agency and internal department comments received, at the time of writing this report, can be found in Attachment 2. 10. Discussion 10.1 The applicant is proposing redevelopment of the existing motor vehicle fuel bar with a convenience store, car wash and a KFC eating establishment with a drive through facility. The rezoning application is only required to permit the eating establishment and associated drive through facility. The motor vehicle fuel bar, convenience store and car wash uses are already permitted on this site. 10.2 An application for site plan amendment has been submitted concurrently and is under review. 10.3 The subject site has been under site plan control since 1998 with all existing uses on the site being operational since 2002. The application has been reviewed within the context of the Regional and Clarington Official Plans, and the nature of the development along Highway 2. Staff are of the opinion that the addition of an eating establishment as a permitted use is compatible with the surrounding properties and supports the objectives for economic development and the rejuvenation of the existing service station commercial property. 11. Financial Considerations 11.1 Not Applicable. 12. Strategic Plan 12.1 The proposed development has been reviewed against the pillars of the Clarington Strategic Plan 2024-27. Clarington’s Strategic Plan prioritizes applications that support and implement the creation of growing, resilient, sustainable and complete communities and connecting residents through the design of safe, diverse, inclusive and vibrant communities. The proposal aligns with Clarington’s Strategic Plan. Municipality of Clarington Page 9 Report PDS-062-25 13. Climate Change 13.1 The environmental impacts resulting from the proposed infill development would be negligible and therefore did not necessitate the submission of an energy conservation / sustainability plan for the development. Measures will be imposed through the site alteration permits and detailed design to improve air quality during construction by implementing dust mitigation measures, reducing energy and water consumption and reducing the urban heat island effect through landscaping measures. 14. Conclusion 14.1 It is respectfully recommended that public input be received and if no significant concerns are raised that Council approve the amendment the Zoning By-law 84-63 to permit an eating establishment with a drive through facility at the subject site. If there are significant concerns raised, then it is recommended that this report be referred back to staff. Staff Contact: Shrija Vora, Planner II, (905) 623-3379 ext. 2436 or svora@clarington.net Attachments: Attachment 1 – Zoning By-law Amendment Attachment 2 – Department and Agency Comments Interested Parties: The following interested parties will be notified of Council's decision: Blair Gagnon Attachment 1 to Municipality of Clarington Report PDS-062-25 Corporation of the Municipality of Clarington By-law Number 2025-______ 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 Municipality of Clarington for ZBA2025-0009; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule ‘3’ to By-law 84-63, as amended, is hereby further amended by changing the zone designation from “Service Station Commercial (C7) Zone” to “Service Station Commercial Exception (C7-10) Zone” as illustrated on the attached Schedule ‘A’ hereto. 2. Notwithstanding Section 22.1, those lands zoned C7-10 on the Schedules to this By-law may, in addition to the other uses permitted in the C7 zone, be used for an eating establishment with drive-through facility, convenience store, and car wash accessory to a permitted use. 3. Schedule ‘A’ attached hereto shall form a 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 passed in open session this _____ day of ____________, 2025. __________________________ Adrian Foster, Mayor __________________________ June Gallagher, Municipal Clerk Attachment 2 to Report PDS-062-25 Attachment 2 – Agency and Department Comments The following agencies and internal departments were circulated for comments on the applications. Below is a chart showing the list of circulated parties and whether or not we have received comments to date. Department/Agency Comments Received Summary of Comment Durham Region Community Growth and Ec. Dev. Department The Region has no objection to the rezoning. Durham Region Works Department Regional Works has no objection to the rezoning. Comments related to the Site Plan will be addressed through Site Plan Amendment application. Durham Region Transit Department Durham Region Transit has no objection to the rezoning. Canada Post Canada Post has no objection to the rezoning. Enbridge Enbridge has no objection to the rezoning. Hydro One Hydro One has no objection to the rezoning. Central Lake Ontario Conservation Authority (CLOCA) CLOCA has no objection to the rezoning. Clarington Fire & Emergency Services Division Clarington Fire & Emergency Services Division has no objection to the rezoning. Clarington Engineering Development Division Clarington Development Engineering Division has no objection to the proposal. Comments will be addressed through Site Plan Amendment application.