HomeMy WebLinkAboutPSD-065-04
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UNFINISHED BUSINESS
C/lJ!-mgton
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, June 7, 2004
Report #:
PSD-065-04
File #: ZBA 2003-054
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By-law #: c9<x.")~{ - I (p~
Subject:
REZONING APPLICATION TO PERMIT CONVENIENCE STORE
APPLICANT: GOLD FARM/MUTT ENTERPRISES LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-065-04 be received;
2. THAT the application submitted by Suncor Energy Products Inc. on behalf of Gold
Farm/Mutt Enterprises Limited to permit the redevelopment of a gas station with a
convenience store be APPROVED;
3. THAT the attached By-law contained in Attachment 3 be passed and a copy forwarded
to the Regional Municipality of Durham; and,
4. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
vid . Crome, M.C.I.P.,R.P.P.
Director, Planning Services
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Reviewed by:"---) . - \L'\.
Franklin Wu
Chief Administrative Officer
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31 May 2004
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830
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REPORT NO.: PSD-065-04
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.
3.2 A Public Meeting was held on February 23, 2004 at which no member of the
public spoke either in opposition to or in support of this application.
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.
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REPORT NO.: PSD-065-04
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4.2 Surrounding Uses:
East:
North:
West:
South:
Urban residential
Urban residential
Car wash and restaurant
Shell gas station, Tim Horton'slWendy's restaurants, and
Bowmanville Auto Mall
5.0 OFFICIAL PLAN POLICIES
5.1 The Durham Region Official Plan designates the property "Living Area". Gas
stations are a permitted land use.
5.2 The Clarington Official Plan designates the property "Highway Commercial Area".
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.
This intersection is developed with one other service station. 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 AGENCY COMMENTS
7.1 The Clarington Emergency Services Department, Ministry of Transportation, and
Veridian Connections have no objections to the rezoning application.
7.2 The Clarington Engineering Services Department has no objections to the
rezoning application. As conditions of site plan approval they require an 8.0
metre road widening be 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.
7.3 The Durham Region Planning Department has indicated that the proposal
conforms to the Durham Region Official Plan, and as such has no objections to
the proposal.
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7.4 The Durham Region Public Works Department has no objections to the proposal
provided that the following comments and conditions are addressed through site
plan approval.
. Sanitary sewer and municipal water services are available to the property.
. Waverly Road is designated as a Type "A" arterial in the Durham Region
Official Plan. The applicant must provide a sufficient road widening to
accommodate an 18.0 metre right-of-way from centreline to the applicant's
property.
. Baseline Road is also designated as a Type "A" arterial in the Durham Region
Official Plan. The applicant must provide a sufficient road widening to
accommodate an 18.0 metre right-of-way from centreline to the applicant's
property.
. The intersection at Waverly and Baseline Roads has been included in the
Capital Works Program for reconstruction in 2004. The Region will require a
separate right turn lane on Waverly Road to serve the proposed development.
This lane as well as associated centre median works will be included in the
Region's project. The applicant must provide a deposit of $22,000.00 to
cover the cost of the road works associated with their site development.
. The region is aware of soil investigations that have been initiated by the
applicant not only on private property but also within the Waverly Road right-
of-way. The applicant must provide all background soils report to the Region
for review. Any required decontamination works may be included in the
Waverly Road reconstruction program provided that the applicant supplies a
Letter of Credit to the Region of Durham to cover all decommissioning costs.
7.5 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.
8.0 COMMENTS
8.1 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 existing buildings,
including the Skylight Donuts kiosk, will be removed from the property and
replaced with a new convenience store containing a Country Style Donuts
franchise. This building will not have a drive-through facility as part of its
operation.
8.2 Skylight Donuts has been located at this location for approximately 15 years.
During the circulation process, staff met with the owner of Skylight Donuts in an
attempt to revise the site plan to allow the kiosk to be integrated into the
redevelopment proposal with a drive-through facility that fulfils the Municipality's
new drive-through objectives. Sunoco indicated that this proposal would not
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REPORT NO.: PSD-065-04
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permit adequate truck circulation and garbage pick-up and did not support the
proposed revisions. Suncor has confirmed that Country Style will be located in
the new development.
8.3 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. For
most developments 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 (TSSA) 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.
Staff will ensure that the following requirements are fulfilled by the applicant.
· 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.
· Staff will require that appropriate site condition documentation be prepared
and submitted to the TSSA, the Ministry of Environment, the Regional
Municipality of Durham, and the Municipality of Clarington.
8.4 The applicant has submitted an application for site plan approval. The following
issues will be addressed through this process.
· The development is located at a gateway location to Bowmanville and
therefore building architecture is very important. A fully enclosed garbage
facility with architecture matching the main building will be required,
· 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
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REPORT NO.: PSD-065-04
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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 on Waverly Road and Baseline Road
to ensure that future road widenings can be accommodated.
· As part of the gateway into Bowmanville, Staff will ensure that the property is
attractively landscaped.
8.5 There are no outstanding taxes for the subject property.
9.0 CONCLUSIONS
9.1 The application has been reviewed in consideration of comments received from
the circulated agencies, the policies of the Clarington Official Plan, and the
Zoning By-law regulations. In consideration of the comments contained in this
report, Staff respectfully recommend that the proposed Zoning By-law
amendment contained in Attachment 2 be passed by Council.
9.2 The proposed zoning by-law does not include the holding provision. Although
some drawing revisions are necessary, the applicant is relatively close to
receiving site plan approval. Site plan approval and building permit are expected
to be issued during the summer, during Council recess. Council approval to
remove the holding provision could delay this application. Accordingly, it is
recommended that the holding symbol will not be applied.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed Zoning By-law
Interested parties to be notified of Council's decision
Marcel Benjamin
Suncor Energy Products Inc.
468 Boul. Larochelle
Repentigny, QC J6A 5W3
Gold Farm/Mutt Enterprises Limited
4950 Yonge Street, Suite 314
North York, ON M2N 6K1
Dan Holkema
Skylight Donuts
71 Meams Court, Unit 7
Bowmanville, ON L 1 C 4W4
1507
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Bowmanville Key Map
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ZBA 2003-054
Zoning By-law Amendment
BASEUNE ROAD
BASEUNE
Owner: Gold Farm
Mutt Enterprises Ltd.
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ATTACHMENT 2
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2004-
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 Municipaiity of Clarington deems it
advisabie to amend By-Law 84-63, as amended, of the Corporation of the former Town of
Newcastle in accordance with application ZBA 2003-054 to permit the redevelopment of a
gas station with a convenience store;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 22.4 "SPECIAL EXCEPTIONS SERViCE STATiON COMMERCIAL (C7)
ZONE" is hereby amended by introducing a new subsection 22.4.6 as follows:
"22.4.6 SERVICE STATION COMMERCIAL EXCEPTION (C7-6) ZONE
Notwithstanding Section 22.1, those lands zoned C7 -6 on the Schedules to this By-
law may also be used for a convenience store in addition to other permitted uses."
2. 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
(C7-6) Zone"
as shown on the attached Schedule "A" hereto.
3. Schedule "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 Sections 34 and 36 of the Planning Act, R.S.O. 1990.
By-Law read a first time this day of
2004
By-Law read a second time this day of
2004
By-Law read a third time and finally passed this day of
2004
John Mutton, Mayor
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Patti L. Barrie, Municipal Clerk
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This is Schedule "A" to By-law 2004-
passed this day of ,2004 A.D.
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BASELINE ROAD WEST
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John Mutton, Mayor
SPICER
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Bowmanville
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