HomeMy WebLinkAboutPSD-130-04 laJ�i� n
Leading the Way REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: October 18, 2004
Report #: PSD-130-04 File #: ZBA 2003-049 �Y-1 aw #:
Subject: REZONING APPLICATION TO PERMIT A CONVENIENCE STORE
APPLICANT: 1098431 ONTARIO LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-130-04 be received;
2. THAT the rezoning application submitted by 1098431 Ontario Limited be
APPROVED and that the proposed Zoning By-law contained in Attachment 2 to
this Report be passed;
3. THAT the Region of Durham Planning Department be forwarded a copy of this
Report and Council's decision; and,
4. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
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Submitted by: Reviewed by.�
Davi , J Crome, M.-C.I.P. R.P.P. Franklin Wu
Director, Planning Services Chief Administrative Officer
12 October 2004
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F (905)623-0830
REPORT NO.: PSD-130-04 PAGE 2
1.0 APPLICATION DETAILS
1.1 Owner: 1098431 Ontario Ltd
1.2 Agent: Reno Piccini, Piccini Architect
1.3 Rezoning: To amend the "Special Purpose Commercial (C4) Zone to an
appropriate zone to permit a convenience store in addition to
other permitted uses.
1.4 Site Area: 0.8 hectares (2.0 acres)
2.0 LOCATION
2.1 The property under consideration is located at the northeast corner of Highway
35/115 and Concession Road 3 north of Newcastle Village (See Attachment 1).
The site area totals 0.8 hectares (2.0 acres). The property is located within Part
Lot 28, Concession 3, in the former Township of Clarke.
3.0 BACKGROUND
3.1 On October 15, 2003, Reno Piccini of Piccini Architect submitted a rezoning and
site plan application on behalf of 1098431 Ontario Limited to permit a
convenience store at the Petro-Canada station on 3005 Highway 35/115 at
Concession Road 3 north of Newcastle Village. Approval of the application
would allow the site to be redeveloped with a new gas station, canopy, and
convenience store.
3.2 A statutory Public Meeting was held on December 8, 2003. No one, other than
the agent, spoke in opposition to or in support of the proposal. A letter was
received from an area resident objecting to the proposal for the following
reasons.
• Petroleum hydrocarbon contamination has been identified in the
subsurface groundwater and soils in various locations of the site.
• The existing sewage systems are inadequate for the existing and
proposed uses and have malfunctioned in the past.
• The water supply for the donut store is in adequate due to quality and
quantity of supply.
• The proposed convenience store is expected to increase the demand on
the existing sewage disposal water supply systems.
These issues will be addressed in Section 8.5 of this report.
REPORT NO.: PSD-130-04 PAGE 3
4.0 LAND CHARACTERISTICS AND SURROUNDING USES
4.1 A gas station and donut shop currently occupy the site. It is surrounded on all
sides by roadways under the jurisdiction of the Ontario Ministry of Transportation:
Highway 35/115 to the west, the highway off/on ramp to the south and the
underpass access to the east and north. The property can either be accessed
directly from a highway entrance or from the on/off ramp by the donut shop at the
south limit of the property.
4.2 The surrounding land uses are as follows:
North: Vacant
South: McDonald's restaurant.
East: Rural residential and agricultural uses
West: Rural residential and agricultural uses
5.0 OFFICIAL PLAN
5.1 The Clarington Official Plan designates the property "Prime Agriculture Area",
which permits farm and farm related uses, nurseries, home-based occupations,
and limited home industry uses. Section 23.5.4 allows Council to pass a zoning
by—law to recognize the continuation, expansion, enlargement of a non-
conforming use, or the variation to similar uses as long as it is satisfied that:
a) it is not feasible to relocate the existing use;
b) it does not aggravate the situation created by the existence of the use;
c) the size is appropriate in relation to the existing legal non-conforming use;
d) it does not generate noise, vibrations, fumes, smoke, dust, odours, or
lighting so as to create a public nuisance or health hazard;
e) the neighbouring conforming uses are protected, where necessary, by the
provision of landscaping, buffering, screening and other measures; and
f) it shall not adversely affect traffic, access of parking conditions in the
vicinity.
The proposal conforms to the policies for the following reasons.
a) Since gas stations are located along Highway 35/115 to serve the travelling
public, it is not feasible to relocate the existing use. Petro-Canada is updating
this gas station with new pumps, a canopy, and a convenience store.
b) The presence of a convenience store is a complementary use that offers
additional convenience items to the travelling public.
c) The size is appropriate in relation to both the gas station redevelopment and
the Country Style donut shop presently on the property.
d) The convenience store will not generate any public health hazards.
REPORT NO.: PSD-130-04 PAGE 4
e) The development will be appropriately designed and landscaped so as not to
be visually intrusive in the area.
f) Access and parking for the redevelopment will be approved in conjunction
with the Ministry of Transportation to ensure that there are no adverse traffic
or parking impacts generated by the convenience store.
6.0 ZONING BY-LAW
6.1 The property is within the "Special Purpose Commercial (C4) Zone". Although
the zone permits existing gas stations along with a number of other commercial
uses, it does not permit convenience stores. In order to consider the proposed
development, a rezoning application was submitted for consideration.
7.0 AGENCY COMMENTS
7.1 The Clarington Emergency Services and Durham Region Public Works
Departments have no objections to the proposed development.
7.2 The Clarington Engineering Services Department has no objections to the
rezoning application provided that no existing drainage patterns are altered or
adversely affected as a result of construction.
7.3 The Durham Region Planning Department has no objections to the proposal.
The potential for on-site contamination should be addressed through the
processing of the application.
7.4 The Durham Region Health Department has no objections to proposal since the
applicant has obtained a Ministry of Environment Certificate of Approval for the
sewage disposal system serving both the existing donut shop and the proposed
convenience store.
7.5 The Ganaraska Region Conservation Authority has no objections to the proposal
since the decrease in impervious area should not adversely affect storm water
from the site. Although there are no additional storm services being installed for
the redeveloped gas station, the existing stormceptor quality control mechanism
will remain for the donut shop.
7.6 The Ministry of Transportation has no objections to the rezoning provided that the
following requirements are fulfilled.
• The Ministry's standard development setback for all above and below-
ground structures from their right-of-way is 14.0 metres. This applies to
the underground fuel tanks located on the development as well as the
building, but not the canopy which is permitted to be a minimum of 3.0
REPORT NO.: PSD-130-04 PAGE 5
metres from the property if it is not attached to the main building. The
canopy is proposed to stand-alone and have a 4.0 metre setback from
Highway 35/115.
• Despite the setback requirement, the Ministry is willing to accept an 8.0
metres setback at the northwest corner to accommodate the convenience
store building. The applicant will have to relocate the building and
garbage enclosure 5.0 metres further southwards to fulfil the setback
requirement.
• A total of 46 sq.m. of signage is available for the entire property.
• Building/Land Use and Sign Permits must be obtained from this Ministry.
• The proposed storm water drainage scheme is acceptable.
8.0 STAFF COMMENTS
8.1 This proposal allows for the renewal of the Petro-Canada facility by the addition
of a convenience store in addition to the planned upgrades to the service station.
8.2 Approval of this application has been delayed by the introduction of the
Province's Greenbelt Protection Act in December 2003, which prohibited
approval of any official plan amendment, rezoning, draft plan of subdivision, and
consent applications by lower tier government bodies. On September 24, 2004,
a regulation was passed that allows approval of applications for similar uses on
lands that were lawfully in existence or permitted by the zoning by-law. The
current C4 zoning and the gas station use predated the enactment of this
legislation and therefore meets the test of the regulation. ' As a result, Staff are
proceeding with approval of this application.
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 service station developments. This work is usually required prior to
issuance of rezoning approvals.
A Phase 2 site assessment has been completed. Significant amounts of
petroleum leakage and groundwater contamination have been discovered. The
assessment has also determined that contamination has migrated off-site onto
the Highway 35/115 right-of-way. The report recommends that a remediation
r„�
REPORT NO.: PSD-130-04 PAGE 6
plan be developed to remove the leaking fuel tanks, excavate the contaminated
fill, and treat the contaminated groundwater.
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 applicant fulfills the following requirements.
• The applicant must provide satisfactory information to Staff that any on-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 Since the sewage flows for the convenience store and the existing donut shop
exceed 10,000 litres/day, the Durham Region Health Department no longer had
approval jurisdiction over the septic design. As a result, the applicant has
received a Certificate of Approval from the Ministry of Environment for the septic
system with total daily flows of 18,000 litres/day. This should alleviate the
sewage problems currently faced on the site.
8.5 Concerns raised by an area resident are being addressed in the following
manner.
• All petroleum hydrocarbon contamination of the subsurface groundwater
and soils throughout the site will be remediated by the applicant prior to
commencement of operations.
• The existing sewage system will be replaced by a system with sufficient
capacity as approved through the Certificate of Approval by the Ministry of
Environment.
G' 3, 1
REPORT NO.: PSD-130-04 PAGE 7
• Although there may be issues related to the adequacy of the water supply
for the donut store, this is not part of this application. Staff would hope
that the owner address all quality and quantity issues related to water
supply for the donut shop.
8.6 The applicant has submitted an application for site plan approval. The following
issues will be addressed through this process.
• 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
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.
• Staff will ensure that the property is attractively landscaped.
8.7 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, the Zoning
By-law regulations, and the public. In consideration of the comments contained
in this report, Staff respectfully recommends that Council pass the proposed
Zoning By-law amendment contained in Attachment 2.
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 before Christmas. 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 By-law Amendment
REPORT NO.: PSD-130-04 PAGE 8
Interested parties to be notified of Council's decision:
1098431 Ontario Limited
Hassan EI-Misri
3005 Highway 35/115
Newcastle, ON L1 B 1 B9
Reno Piccini
Piccini Architect
123 Ontario Street
Port Hope, ON L1A 2V3
Robert Rogers
APR Contracting Group Inc.
2200 Greenwood Road
Ajax, ON L1 S 4S7
Walter Gibson
3141 Gibson Road
Newcastle, ON L1 B 1 L9
ATTACHMENT 1
— Lot 28, Concession 3
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CONCESSION ROAD 3
Clarke Key Map
ZBA 2003-049
° II o Zoning By-law Amendment
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° I o Site Plan Application
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ATTACHMENT 2
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 Municipality of Clarington deems it
advisable to amend By-Law 84-63, as amended, of the Corporation of the former Town of
Newcastle in accordance with application ZBA 2003-049 to permit the development of a
convenience store in addition to other permitted uses;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 19.4 "SPECIAL EXCEPTIONS — SPECIAL PURPOSE COMMERCIAL
(C4) ZONE" is hereby amended by introducing a new Subsection 19.4.16 as
follows:
"19.4.16 SPECIAL PURPOSE COMMERCIAL EXCEPTION (C4-16)ZONE
Notwithstanding Sections 19.1 b) and 21.3 h. i), those lands zoned C4-16 on the
Schedules to the By-law may also be used for a convenience store in addition to
other permitted uses and shall be subject to the following regulation:
a) The minimum distance between any portion of the pump island, or weather
canopy or shelter,and any exterior side lot line is not less than 3.0 metres."
2. Schedule "2" to By-Law 84-63, as amended, is hereby further amended by
changing the zone designation from:
"Special Purpose Commercial (C4) Zone" to "Special Purpose Commercial
Exception(C4-16)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 Section 34 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
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2004- ,
passed this day of , 2004 A.D.
LOT 28, CONCESSION 3
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CONCESSION ROAD 3
® Zoning Change From "C4" To "C4-16"
John Mutton, Mayor Patti L. Barrie, Municipal Clerk
LOT 31 LOT 30 LOT 29 LOT 28 LOT 27 LOT 26
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