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HomeMy WebLinkAboutPSD-100-05 q![-!lJglon REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday, September 6, 2005 Report #: PSD-100-05 File #: ZBA 2005-032 By-law #: Subject: REZONING TO PERMIT A CONVENIENCE STORE ACCESSORY TO A MOTOR VEHICLES SERVICE STATION APPLICANT: SHELL CANADA PRODUCTS LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-100-05 be received; 2. THAT provided there are no significant issues raised at the public meeting, the rezoning application submitted on behalf of Shell Canada Products be APPROVED and that the attached zoning by-law amendment be adopted by Council. 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Davi J. Crome, M.C.I.P., R.P.P. Director of Planning Services R.,iowad by' ~L;:J - hi Franklin Wu, -u - Chief Administrative Officer BH/CPIDJC/df 26 August 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-100-05 PAGE 2 1.0 APPLICATION DETAILS 1.1 Owner: Shell Canada Products Limited 1.2 Agent: Robert Dragicevic, Walker Nott Dragicevic 1.3 Rezoning: from “Service Station Commercial Exception (C6-4)” to “Service Station Commercial Exception (C6-11)” to include a convenience store as a permitted use. 1.4 Location: 3454 Highway 35/115, being Part of Lot 29, Concession 3, former Township of Clarke. 2.0 BACKGROUND 2.1 On July 25, 2005, Shell Canada Submitted a rezoning and site plan application to permit a convenience store to be operated in conjunction with the motor vehicle fuel bar. 2.2 The site is currently operating as a Beaver Full Serve Gas Bar. An abandoned restaurant is located on the property. The Service Station Commercial Exception (C6- 4) Zone only permits an eating establishment that is accessory to a service station or fuel bar. 2.3 The applicant proposes the redevelopment of all existing facilities and their replacement with a new gas bar and canopy, convenience retail/pay-point building and enhanced landscaping. 2.4 The property is serviced by a private well, and a private septic system. 3.0 PUBLIC NOTICE AND SUBMISSIONS 3.1 Public notice was given by mail to each landowner within 120 metres of the subject property and a public notice sign was installed on the Highway 35/115 Frontage. 3.2 As of the writing of this report, no comments have been received with respect to the application. 4.0 LAND CHARACTERISTICS AND SURROUNDING AREAS 4.1The lands are currently occupied by a Beaver gas bar with four fuelling positions and a pay kiosk. An abandoned 1 storey donut shop is located at the south end of the property. REPORT NO.: PSD-100-05 PAGE 3 4.2 Surrounding Uses: West - Agricultural North - Agricultural East - Highway 35/115 South - Eating Establishment 5.0 AGENCY COMMENTS 5.1 In consideration of the nature of the application to allow a convenience store as an accessory use to an existing gas station, the application was circulated to a limited number of agencies. 5.2 As of the writing of this report, no comments have been received from Hydro One Network. It is assumed that there are no objections to the approval of the subject application. 5.3 Clarington Engineering, Clarington Emergency Services, Regional Planning, Ganaraska Region Conservation, Regional Health Department, and the Ministry of Transportation all advised verbally or in writing they had no objection to the proposed zoning amendment. 6.0 OFFICIAL PLAN CONFORMITY 6.1 The Durham Region Official Plan designates the subject property is designated Permanent Agricultural Reserve. This designation is to preserve the agricultural land base; this proposal will not further intrude on the Agricultural Reserve and therefore is consistent with its intent. 6.2 The subject property is designated as Prime Agricultural Area under the Clarington Official Plan. These areas are to be preserved for high quality agricultural lands for farming. The modernization of the existing fuel bar will not further fragment or damage any agricultural lands and is therefore consistent with its intent. 7.0 ZONING BY-LAW CONFORMITY 7.1 The property is zoned “Service Station Commercial Exception (C6-4)” which does not permit a convenience store, hence the subject application. 8.0 STAFF COMMENTS 8.1 The subject site is zoned C6-4, Service Station Commercial Exception under Zoning By- law 84-63 of the Former Town of Newcastle. Permitted uses within the zone include a motor vehicle fuel bar, a motor vehicle service station and the retail sale of REPORT NO.: PSD-100-05 PAGE 4 confectionary items, sundry foods and promotional items as an accessory use. The site specific exception permits an eating establishment accessory to a permitted use. 8.2 The original Beaver service station included a kiosk, which sold automotive goods (such as windshield fluid and oil), as well as confectionary items and cigarettes. The restaurant (a former coffee shop) has been abandoned. 8.3 Shell proposes to completely remove the existing facilities and replace them with a new gas bar and an associated retail building. The retail building will include the pay area for the gas bar, a retail sales area, public washrooms, and office space. The new retail 2 building will have a gross floor area of approximately 60m. This building, at 2 approximately 60mwill be significantly smaller than most redeveloped Shell stations 2 2 (usually 150mto 185m). 8.4 Prior to approval of any building permits Shell Canada Products Limited is required to enter into a site plan agreement with the Municipality of Clarington that will deal with among other issues site clean up, grading, landscaping and urban design issues. 8.5 The Finance Department advises that taxes have been paid in full. 9.0 RECOMMENDATIONS 9.1 Based on the comments in this report, it is respectfully recommended that the rezoning application be APPROVED as contained in Attachment No. 2. Attachments: Attachment 1 - Key Map Attachment 2 - By-law Amendment List of interested parties to be advised of Council's decision: Joe Cavello, Shell Canada Products Limited Robert Dragicevic, Walker Nott Dragicevic Associates Limited REPORT NO.: PSD-100-05 PAGE 5 Joe Cavello Shell Canada Products Limited 90 Sheppard Ave East, Suite 600 Toronto, ON M2N 6Y2 Robert Dragicevic Walker Nott Dragicevic Associates Limited 172 St. George Street Toronto, ON M5R 2M7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005-______ 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 former Town of Newcastle for ZBA 2005-032; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. By adding a new Section 21.4.11 respecting lands zoned C6-11, as follows: “21.4.11 SERVICE STATION COMMERCIAL EXCEPTION (C6-11) ZONE Notwithstanding Section 21.1, those lands zoned C6-11 on the Schedules to this By-law in addition to the other uses permitted in the (C6) zone, be used for a convenience store and an eating establishment accessory to a permitted use.” 2. Schedule “5” to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: “Service Station Commercial Exception (C6-4) Zone”, to “Service Station Commercial Exception (C6-11) Zone” as illustrated on the attached Schedule “A” hereto. 3. Attachment “1” 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. BY-LAW read a first time this day of 2005 BY-LAW read a second time this day of 2005 BY-LAW read a third time and finally passed this day of 2005 ___________________ _ John Mutton, Mayor ___________________ Patti L. Barrie, Municipal Clerk