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Home My WebLink AboutPSD-122-05 Cl~ilJglon REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, October 17, 2005 Report #: PSD-122-05 File #: ZBA 2005-031 6PA89a-05 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-122-05 be received; 2. THAT the rezoning application submitted on behalf of Shell Canada Products be referred back to staff for further processing and preparation of a subsequent report; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Da' ;). Crome, M.C.I.P., R.P.P. Director of Planning Services Reviewed by: () ~ -St~ Franklin Wu, Chief Administrative Officer BH/CPIDJC/lb/lw October 11, 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-122-05 PAGE 2 1.0 1.1 APPLICATION DETAILS Owner: Shell Canada Products Limited 1.2 Agent: Walker Nott Dragicevic 1.3 Rezoning: from "Service Station Commercial (C7) Zone" to permit a convenience store as a permitted use. 1.4 Location: 114 Liberty Street South. Part Lot 11, Concession 1 of the former(own of Bowmanville ~ 2.0 ",,'21"" 2.2 2.3 3.0 3.1 3.2 BACKGROUND On July 25, 2005, Shell Canada submitted a rezoning and site plan application to permit a convenience store to be developed in conjunction with the redevelopment of the existing motor vehicle fuel bar. The site is currently operating as a Beaver Gas Bar. 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. The property is serviced by municipal water and sewers. PUBLIC NOTICE AND SUBMISSIONS Public notice was given by mail to each landowner within 120 metres of the subject property and a public notice sign was installed on Liberty St. and Park St. frontages. The planning department received two written submissions, one e-mail and one counter inquiry from the circulated residents. The submissions from local residents raised the following concerns: . the gas bar being operated as a 24 hour a day facility . traffic congestion at the Liberty and Park intersection . safety for pedestrians crossing Park Street . garbage and litter along Liberty Street . property values . two (2) convenience stores already service the area . location of the gas storage tanks These comments will be addressed in section 8 of this report. REPORT NO.: PSD-122-05 PAGE 3 4.0 LAND CHARACTERISTICS AND SURROUNDING AREAS 4.1 The lands are currently occupied by a Beaver gas bar with four fuelling positions and a pay kiosk. 4.2 Surrounding Uses: West - North - East - South - Residential Residential Residential Neighbourhood Park 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 Clarington Engineering, Clarington Emergency Services, Regional Planning, C.L.O.C., Regional Health Department and Veridian Connections all advised verbally or in writing they had no obiection to the proposed zoning amendment. 6.0 PROVINCIAL POLICY STATEMENT 6.1 The Provincial Policy Statement identifies settlement areas as the focus of growth and their 'tality and regeneration shall be promoted. Redevelopment of the site to include the conve ience store and upgrade the service station to meet the standards of the day is consis ent with the Provincial Policy Statement. 7.0 FFICIAL PLAN CONFORMITY 7.1 The Durham Region Official Plan designates the subject property as Living Area. Living Areas are to be used predominantly for housing purposes. In addition convenience stores and automotive service station uses which are compatible with their surroundings are permitted. This proposal is consistent with the Regional Official Plan. 7.2 The Clarington Official Plan designates the property Urban Residential. The predominant use of lands designated Urban Residential shall be for housing purposes. However service stations and corner stores (to a maximum of 100 square metres) may be established in Urban Residential designation subject to criteria. 8.0 ZONING BY-LAW CONFORMITY 8.1 The property is zoned "Service Station Commercial Exception (C7)" which does not permit a convenience store, hence the subject application. REPORT NO.: PSD-122-05 PAGE 4 9.0 STAFF COMMENTS 9.1 The subject site is zoned C7, Service Station Commercial 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 confectionary items, sundry foods and promotional items as an accessory use. 9.2 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 building will have a gross floor area of approximately 56.5m2. This building will be significantly smaller than most redeveloped Shell stations (usually 150m2 to 185m2). 9.3 The proposed service station will be a 24 hour facility. The Municipality of Clarington does not have a by-law to regulate hours of operation. 9.4 It is not anticipated that the convenience store will generate significant volumes of traffic given the size of the proposed facility. However, it will provide gas consumers with the ability to purchase some convenience items. 9.5 The proposal includes a 5 metre road widening dedication along Liberty Street and an additional 5 X 10 metre daylight corner at the intersection of Liberty Street and Park Street. This dedication has been requested by the Region. 9.6 The proposed retail I pay point building is smaller than an average Shell Kiosk and the smaller than the existing Beaver Station building. The bulk fuel storage tanks will be installed in accordance with the provisions of the Provincial Gasoline Handling Act. 9.7 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. 10.0 RECOMMENDATIONS 10.1 Based on the comments in this report it is respectfully recommended that the rezoning application be referred back to staff for further processing and the preparation of a subsequent report. Attachments: Attachment 1 - Key Map List of interested parties to be advised of Council's decision: Joe Cavello, Shell Canada Products Limited Robert Dragicevic, Walker Nott Dragicevic Associates Limited Gregory and Brenda Stephens Jim Buttonshaw Helen and Francis Cook ! Attachment #1 To Report # PSD-122-05 \ ,ihvaSi'; , , \ \ ~ I' Ilfc"c~o.s~ III "'~ M~' N'~"_ B.l.62 I S.ohV. 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I ='....~..u-,',' ZBA 2005-031 ZONING BY-LAW AMENDMENT , ;;c Owner: Shell Canada Products Limited II