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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