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HomeMy WebLinkAboutPSD-035-15 Clarington Planning Services Public Meeting Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: General Purpose and Administration Committee Date of Meeting: June 22, 2015 Report Number: PSD-035-15 Resolution Number: +�(�� File Number: ZBA2015-0005 By-law Number: Report Subject: An Application by 2346123 Ontario Inc. (Wally Gupta) to permit a motor vehicle fuel bar Recommendations: 1. That Report PSD-035-15 be received; 2. That the proposed application for Rezoning ZBA 2015-0005 continue to be processed including the preparation of a subsequent report; and 3. That all interested parties listed in Report PSD-035-15 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD-035-15 Page 2 Report Overview This report is prepared for a Public Meeting to receive comments. The applicant is proposing to construct a convenience store, restaurant (coffee shop) and a gas station. The gas station is currently not permitted under the existing Zoning By-law. The subject site is a vacant commercial lot having access from the northbound traffic lane on Highway 35/115, just north of Newcastle Village. Currently, the site contains an abandoned restaurant building. 1 . Application Details 1.1 Owner: 2346123 Ontario Inc. (Wally Gupta) 1.2 Agent: Cantam Group Ltd. 1.3 Proposal: To permit a motor vehicle fuel bar 1.4 Area: 1.2 Hectares (3.0 acres) 1.5 Location: 3211 Highway 35/115 1.6 Within Built Boundary: No 2. Background 2.1 The applicant is proposing a convenience store, a restaurant (coffee shop), and a motor vehicle fuel bar. The Special Purpose Commercial Exception (C4-12) zone allows for all proposed commercial uses on this site, with the exception of the motor vehicle fuel bar. However, an existing motor vehicle fuel bar is permitted. 2.2 Highway 35/115 was reconstructed in the 1980's as a divided highway. Since that time, a number of the businesses along the Highway have struggled and disappeared as the result of no longer having access from both the northbound and southbound traffic. The former Ace Submarines restaurant on this subject site has been closed for approximately 10 years. Throughout this period there has been a transition with new businesses, many are franchises that have been able to renew these commercial sites along the Highway. 3. Land Characteristics and Surrounding Uses 3.1 The surrounding uses are as follows: North: Commercial (gas stations, retail, restaurants) and institutional (high school) South and East: Golf driving range and agricultural land West: Divided highway 115/35 Municipality of Clarington Report PSD-035-15 Page 3 Figure 1: Existing Site Photos I.w t * 'ill � 4. Provincial Policy 4.1 Provincial Policy Statement The Provincial Policy Statement (PPS) contains policies on the rural areas in municipalities. Rural areas are lands within municipalities that may include rural settlement areas, rural lands, prime agricultural areas, natural heritage features, and resource areas. Rural Areas are important to the economic success of the Province and our quality of life. It is important to leverage rural assets and amenities as a foundation for a sustainable economy. The rural areas often have unique characteristics and are interdependent with urban areas sharing markets, resources and amenities. Rural areas can be supported by promoting regeneration, including the redevelopment of brownfield sites. Brownfield sites are underdeveloped or previously developed properties that may be contaminated. They are usually, but not exclusively,former industrial or commercial properties that may be underutilized, derelict or vacant. The policies of the PPS also promote diversification of the economic base and employment opportunities through goods and services, including value-added products and sustainable management of use of resources. Long-term economic prosperity should be supported by promoting the redevelopment of brownfield sites. This site has existed as a commercial property for over 30 years and is no longer suitable for agricultural purposes. Municipality of Clarington Report PSD-035-15 Page 4 5. Official Plans 5.1 Durham Regional Official Plan The Durham Regional Official Plan (the Plan) designates the subject lands "Prime Agricultural Area". Prime Agricultural Areas permit a full range of agricultural, agricultural related and secondary uses. However, policy 14.5.4 of the Plan permits the continuation, expansion or enlargement of uses which do not conform to the policies of the Plan. Local councils, may pass a zoning by-law to permit the continuation, expansion or enlargement of the legally existing uses, or the variation to similar uses, provided that such uses: • Have no adverse effect on the present uses of the surrounding lands or implementation of the provisions of the Durham Region Official Plan; • Comply with Provincial Minimum Distance Separation Formulae; • Are accessible by a public road; and • Are subject to conditions that may be contained in an area municipal Official Plan. The current proposal to permit a new motor vehicle fuel bar, can be considered a variation to a similar use. The Minimum Distance Separation Guidelines are not applicable for lands that are already zoned commercial. The Region of Durham has provided their comments and advised that the proposal is considered to be in conformity with the Durham Region Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the subject lands "Prime Agricultural Area". High quality agricultural lands are to be protected for farming. However, similar to the Region of Durham, the Clarington Official Plan has policies in Section 23.5.3 of the Plan which permits Council to pass a by-law recognizing the continuation, expansion or enlargement of non-conforming uses, or the variations to similar uses. Allowing an additional and very similar commercial use in the Special Purpose Commercial Zone will not fragment or damage agricultural lands and will allow for this site to be revitalized. The proposal conforms to the Clarington Official Plan. 6. Zoning By-law Zoning By-law 84-63 zones the subject lands "Special Purpose Commercial Exception (C4-12)". Although the zone permits existing motor vehicle fuel bars, along with a number of other commercial uses, it does not permit a new motor vehicle fuel bar. The owner is seeking an amendment to the Zoning By-law in order to facilitate the proposed development, including a motor vehicle fuel bar. Municipality of Clarington Report PSD-035-15 Page 5 Motor vehicle fuel bars have their own specific land use zone called "Service Station Commercial". The Service Station Zone is used more for single use operations while the Special Purpose Commercial Zone permits multiple commercial uses that serve the travelling public. At the time that the current Zoning By-law was passed, the subject lands were determined to be a Special Purpose Commercial use instead of a Service Station use. In 1985 (one year after the Zoning By-law was in effect), a subsequent amendment was made to this zone category to recognize only existing service station in the Special Purpose Commercial Zone. 7. Summary of Background Studies The Owner's consultant submitted five studies in support of the application. A summary of their conclusions is provided below: • Phase 1 and Phase 2 Environmental Site Assessment A Phase 1 and 2 Environmental Site Assessment, prepared by WSP Canada Inc., was submitted in support of the application. The report indicated that no gas stations or automotive repair facilities have reportedly ever existed on site. The report concluded that soil and groundwater readings at this location detected elevated levels of petroleum hydrocarbons likely generated by historic gas stations on surrounding properties. The report recommends further soil and groundwater testing. • Water Supply Assessment The site is to be serviced with a well and on-site, private sewage system. The existing well does not comply with minimum standards and will need to be decommissioned. • Geotechnical Investigation This report was prepared by Patriot Engineering Limited to determine the soil and groundwater conditions. The report concludes that the site can be developed for the proposed use, provided that the recommendations in the report are satisfied. Traffic Impact Study A Traffic Impact Study was prepared by Mark Engineering. The report concludes that there is sufficient capacity in the road system to serve the forecasted increase in traffic. Therefore, no improvements to the highway are necessary to serve the proposed development. However, the Ministry of Transportation has reviewed this study and requires the report to be revised. The Traffic Impact Study will be revised before issuing site plan approval. Municipality of Clarington Report PSD-035-15 Page 6 • Planning Rationale Report A Planning Rationale Report was submitted by Kirkness Consulting Inc. in support of the proposed gas station. The report indicates that the site is considered appropriate for a new gas bar given: • its high visibility along the highway; • the ease of access to the site; • the relatively large size of the site; and • the fact that Highway 35/115 has seen a substantial increase in daily traffic rates over the past 10 years. The use is compatible with surrounding land uses in this area. There are a number of similar developments with a gas bar in this area. 8. Public Notice and Submissions Public notice was given by mail to each landowner within 120 metres of the subject site and the appropriate signage acknowledging the application was installed on the subject lands, in accordance with the Planning Act. Notice was also posted on the Municipal website and in the Planning Services Department electronic newsletter. At the time of writing this report, Staff received one inquiry from a resident/neighbour seeking more information regarding the proposed development. 9. Agency Comments 9.1 Regional Municipality of Durham The proposal to permit a gas bar, convenience store and a restaurant can be considered an expansion and a variation to a similar use, which once contained an eating establishment. Therefore this application does not have significant Regional concerns. The Region requires that a Record of Site Condition be filed with the Ministry of Environment. An "Acknowledgement Letter" from the Ministry of Environment, which acknowledges the Record of Site Condition and indicates the site has not been selected for audit, shall then be provided to the Region. The Regional Health Department has indicated that the daily design sewage flow is greater than 10,000 litres/day therefore, the Ministry of Environment should be contacted in order to obtain comments for this proposal. 9.2 Ministry of Transportation The Ministry of Transportation has no objection to the proposed gas bar use in principle but there are a number of comments that will need to be addressed at the site plan stage of this development. Municipality of Clarington Report PSD-035-15 Page 7 10. Departmental Comments 10.1 Engineering Services The Engineering Services Department has reviewed the application and has no objection to the proposed use. The applicant will be required to satisfy the Engineering Services Department prior to final approval of the site plan for the subject property. 10.2 Emergency and Fire Services The Emergency and Fire Services Department has no objection to the gas bar use. However, on-site water supply for firefighting may be required. 11 . Concurrence Not Applicable. 12. Conclusion The purpose of this report is to provide background information on the proposed new motor vehicle fuel bar submitted by 2346123 Ontario Inc. (Wally Gupta) for the Public Meeting under the Planning Act. Staff will continue processing the application including the preparation of a subsequent report upon resolution of the identified issues. 13. Strategic Plan Application Not applicable. Submitted bNavi-- Reviewed b J. rome, MCIP, P Franklin Wu, i Jr ctor of Planning Services Chief Administrative Officer Staff Contact: Nicole Zambri, Planner, 905-623-3379 ext. 2422 or nzambri(cDclarington.net Attachments: Attachment 1 - Key Map The following is a list of the interested parties to be notified of Council's decision: Diane Werry NZ/COS/df Attachment 1 to Municipality of Clarington Report PSD-035-15 LO LOr r M Future Retail Convenience Store Coffee Store Shop Gas Bar Canopy O f O •FO Q=-9 Al ZBA 2015.0005