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Home My WebLink AboutPSD-019-04 . Clw:illglOn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 23, 2004 Ulf *G PA -Oll.'+-o~ By-law #: Report #: PSD-019-04 File #: ZBA 2003-054 Subject: REZONING APPLICATION TO PERMIT CONVENIENCE STORE APPLICANT: GOLD FARM/MUTT ENTERPRISES LIMITED Northwest Corner of Baseline Road and Waverly Road South, 300 Waverly Road South, Bowmanville RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-019-04 be received; 2. THAT the application submitted by Gold Farm/Mutt Enterprises Limited be referred back to Staff for further processing and the preparation of a further report following the receipt of all outstanding agency comments; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: <.J ,'u:<....j(_Q~ W1.... Franklin Wu Chief Administrative Officer David J, Crome, M,C.I.P.,R.P.P. Director, Planning Services RH*CP*DC*df 13 February 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 , b'J I , REPORT NO.: PSD-019.04 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Gold Farm/Mutt Enterprises Limited 1.2 Agent: Suncor Energy Products Inc. 1.3 Rezoning: To amend the "Service Station Commercial (C7) Zone" to permit the redevelopment of a gas station with a convenience store in addition to other permitted uses. 1.4 Site Area: 0.4 hectares 2.0 LOCATION 2.1 The subject lands are located at the northwest corner of Baseline Road and Waverly Road South Road at 300 Waverly Road South in Bowmanville (See Attachment 1). The site area totals 0.4 hectares (1.0 acres). The property is located within Part Lot 14, Concession 1, in the former Town of Bowmanville. 3.0 BACKGROUND 3.1 On December 10, 2003, Staff received applications for rezoning and site plan approval from Suncor Energy Products Inc. on behalf of Gold Farm/Mutt Enterprises Limited to permit the to permit the redevelopment of a gas station with a convenience store in addition to other permitted uses at 300 Waverly Road South in Bowmanville. The site plan application (SPA 2003-060) has been circulated concurrently with the rezoning submitted for approval of the proposed redevelopment scheme. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The site is relatively flat and has a drainage swale at the north end of the property. The site currently contains a Skylight Donuts kiosk along the south side of the property. The gas pumps and sales kiosk is located in the middle of the site. 4.2 Surrounding Uses: East: North: West: South: Urban residential Urban residential Car wash and restaurant Shell gas station, Tim Horton's/Wendy's restaurants, and Bowmanville Auto Mall 6JL REPORT NO.: PSD-019-04 PAGE 3 5.0 OFFICIAL PLAN POLICIES 5.1 The Durham Region Official Plan designates the property "Living Area". Special purpose commercial areas, which permit highway-oriented uses such as gas stations, are permitted within the designation. Since the Clarington Official plan contains the appropriate provisions, the proposal conforms to the relevant policies. 5.2 The Clarington Official Plan designates the property "Highway Commercial". Uses within this designation typically consume larger land parcels, require exposure to traffic, and may require outdoor storage. Section 10.10 of the Clarington Official Plan allows service stations to establish in any urban land use designation. A maximum of two service stations are permitted at any intersection. The application conforms to the policies. 6.0 ZONING BY-LAW CONFORMITY 6.1 The property is currently zoned "Service Station Commercial (C7) Zone", which does not permit the proposed convenience store. In order to permit the proposed development, a rezoning application was submitted for consideration. 7.0 PUBLIC NOTICE AND SUBMISSION 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and public meeting notice signs were installed on each of the property's road frontages. 7.2 Two general inquiries have been received on these applications to date. 8.0 AGENCY COMMENTS 8.1 The Clarington Emergency Services Department and Veridian Connections have no objections to the rezoning application. 8.2 The Clarington Engineering Services Department has no objections to the rezoning application provided that an appropriately sized (8.0 metres) road widening is dedicated by the applicant on Baseline Road, all financial securities are received, a permit is obtained for the revised Baseline Road entrance, and all servicing comments are incorporated into the revised site plan drawings. 8.3 Central Lake Ontario Conservation has no objections to the rezoning application. The use of the land for a gas station will necessitate the installation of an oil/grit separator for permanent stormwater quality control. This information must be submitted for review prior to site plan approval. 6J.,J REPORT NO.: PSD-019-o4 PAGE 4 8.4 Due to the limited commenting period, comments from the Durham Region Planning Department, Durham Region Public Works Department, Durham Region Police Department, and Ministry of Transportation have not been received to date. 9.0 COMMENTS 9.1 The site currently contains the Sunoco gas station with a small building for the attendant, confectionary items and payment, as well as a Skylight Donuts drive- through kiosk. Through redevelopment of this site, the Skylight Donuts kiosk will be removed from the property. Preliminary information indicates that Country Style Donuts will be located in the convenience store. This building will not have a drive-through aisle as part of its operation. 9.2 Under responsibilities delegated to the Municipality for remediation of contaminated sites, where there is possibility of underground contamination, a Phase 1 site assessment is required. If the Phase 1 site assessment determines that the site may be contaminated, a Phase 2 assessment is completed to determine the type and location of contamination. Previous experience with service stations would indicate that a Phase 2 site assessment is necessary. This work is usually required prior to issuance of rezoning approvals. Since the principle of the use is not being changed from a gas station, the applicant proposes to undertake site investigations during the excavation or preconstruction phase. The Fuels Safety Division of the Technical Standards and Safety Authority governs the remediation of gas station sites. Their protocol covers spills, leaks, and the discovery of petroleum leaks and spills into the environment, both on the property and beyond the property boundary and their restoration. The protocol includes surface and subsurface chemical remediation criteria for potable and non-potable groundwater conditions. Having recently dealt with the rezoning of the Shell Canada lands southeast of the subject lands, Staff will impose the same conditions on this application. Staff will ensure that the following requirements are fulfilled prior to the issuance of a building permit. . The applicant must provide satisfactory information to Staff that anyon-site contamination is within acceptable limits as defined by the "Environmental Management Protocol for Operating Fuel Handling Facilities - GA1/99, October 2001" as prepared by the Fuels Safety Division of the Technical Standards and Safety Authority. . If the site investigation determines that any petroleum products have travelled beyond the property boundary, all petroleum product contamination beyond the property boundary that has been caused by the applicant's operations must be removed by the applicant to the appropriate standard at its expense. , I 0, . .t ., , REPORT NO.: PSD.019-o4 PAGE 5 · Staff will require that a Record of Site Condition be prepared and submitted to the Ministry of Environment, the Regional Municipality of Durham, and the Municipality of Clarington. 9.3 The applicant has submitted an application for site plan approval. The following issues will be addressed through this process. . The applicant will be required to prepare an illumination plan to ensure that lighting is at an appropriate level, which will not interfere with surrounding residential uses and traffic operations on adjacent roadways. The plan must demonstrate that light does not trespass from the site. Furthermore, all lighting fixtures in the canopy must be full cut-off fixtures, which do not promote light spread. Any exterior wall-mounted lighting fixtures must also be full cut-off fixtures that are angled downwards. . Sufficient road widenings will be taken to ensure that a 36.0 metre minimum road allowance width is achieved both for Baseline and Waverly Roads. . As part of the gateway into Bowmanville, Staff will ensure that the property is attractively landscaped. 10.0 CONCLUSIONS 10.1 As the purpose of this report is to satisfy the requirements of the Public Meeting under the Planning Act, and taking into consideration all of the comments received, it is respectfully recommended that this report be referred back to Staff for further processing and the preparation of a subsequent report. Attachments: Attachment 1 - Key Map Interested parties to be notified of Council's decision Marcel Benjamin Suncor Energy Products Inc. 468 Soul. Larochelle Repentigny, QC J6A 5W3 Gold Farm/Mutt Enterprises Limited 4950 Yonge Street, Suite 314 North York, ON M2N 6K1 6n ., -" -!';;;-' ;: r~, ; I , I ~ I ! tit \; :r,! ",'",., .' " _ lite ,. .....-.) 'I' __JI- """"-"- i-1:f'f" " : "--'-J-"'-~ ",LC'_~~'orld :; \ , , ' ", ,'0 l: I~ = -li .j -~i !' ~-' t;_ ~::;. :: ~~ .; .~ Ii .,,: .- ~ t , _I' , ,,<--.-.-::.. J~ ; _-"-1 :; ~ \, . r '. ' --- ~ +J~~~.!.~.~;, ~ STORE ~' I I ':U . 6." i~ ---:------=- \ ; ',-'- , "iI' .... I- o ..J itll" -~ "'" p';;:p Il\ " OVERHEAD " CANOf'Y f!' !: y'.,' '-:::1 ::~. ..; ~L:~' ~:?n:' .{ ,"j '. ~, BASELINE ROAD WEST Bowmanville Key Map ~ % " ~ ~ ..... In Q oc( o 0= ~ oc( J: 0= ::::l Q ~ Q oc( o 0= >- W ..J 0= W ~ ATTACHMENT 1 .... z o tn tn W o Z o o ~ ZBA 2003-054 Zoning By-law Amendment BASELINE Owner: Gold Farm Mutt Enterprises Ltd. -.)0