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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. Z �AJ-V�` 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 RH*DJC*df 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 Proposed $~ -- 1 Am51Ali A�11aT Petro-Canada ` ,3 Convenience Store "GP. LO r - : � a 0.293 tip..•. .. s, AtE �..a.::...'.:.':....' W 11 O i N 61 A9'iUlr ....... ...I.. 1 Z .. Ammar '�.,.,...�•.:.b '- �•} 4 CO N C E 55I D 14. t - I... row......I .... ................... gg = l jASNIALr h I I II 1 �� •A4Aa•�'..i...0.•.' - Fr �M1'�`d3 pre Existing 1. T r l n Country Style 1 I t �' .T: ..'...'. _ Donut Shop _HA ® ry ......:.. V. e®wnnu' .497 CONCESSION ROAD 3 Clarke Key Map ZBA 2003-049 ° II o Zoning By-law Amendment Ln Subject Ct I I Q SPA 2003-045 U 3 ° I o Site Plan Application rrn a ONC SI N RO 3 o W II Owner: Hassan EI-Misri 0 II 1098431 Ontario Limited m o a 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 I , 0 =I �I Z J f � I� "I 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 � I I I I I I II I II ° ,2 Q C) � I I I I II M I LO x $ I O U x co W Subject ; U Site z O RT-1 �_A i� I U I w�°w m CONCESSION ROAD 3 �a N Z 0 w o n U W 7 ° U o 0 U Z Clarke 6 3