HomeMy WebLinkAboutPSD-048-15 Clarington
Planning Services
Report
If this information is required in an alternate accessible format, please contact the Municipal
Clerk at 905-623-3379 ext. 2102.
Report To: Planning and Development Committee
Date of Meeting: September 14, 2015
Report Number: PSD-048-15 Resolution Number:
File Number: ZBA 2015-0005 By-law Number: c>�t�k5 a ,
Report Subject: An Application by 2346123 Ontario Inc. (Wally Gupta)
to permit a motor vehicle fuel bar
Recommendations:
1. That Report PSD-048-15 be received;
2. That the Zoning By-law Amendment application submitted by 2346123 Ontario Inc. (Wally
Gupta) be approved and the by-law passed as contained in Attachment 1 to Report PSD-
048-15;
3. That once all conditions contained in the Official Plan with respect to the removal of the
(H) Holding Symbol are satisfied including the matters identified in Section 11.13 of
Report PSD-048-15, the By-law authorizing the removal of the (H) Holding Symbol be
approved;
4. That the Durham Regional Planning and Economic Development Department and Municipal
Property Assessment Corporation be forwarded a copy of Report PSD-048-15 and
Council's decision; and
5. That all interested parties listed in Report PSD-048-15 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report PSD-048-15 Page 2
Report Overview
This report recommends the approval of a proposed rezoning application at 3211 Highway
35/115 to permit a motor vehicle fuel bar in addition to the other commercial uses already
permitted in the Special Purpose Commercial Exception (C4-12) Zone. The applicant is
proposing a convenience store, Tim Horton's restaurant with a drive through facility and a
motor vehicle fuel bar.
The approval of the proposed Zoning By-law Amendment will allow for a motor vehicle fuel bar
use in the C4-12 exception zone, subject to a holding symbol which will be lifted when the
owner enters into a site plan agreement with the Municipality.
The subject site currently contains a commercial building and has access from the northbound
traffic lane on Highway 35/115, just north of Newcastle Village.
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 to build a convenience store, a Tim Horton's restaurant with a
drive through facility, 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 a new motor vehicle fuel bar. However, this zone does allow existing motor
vehicle fuel bars.
Municipality of Clarington
Report PSD-048-15 Page 3
Figure 1: Proposed Site Plan and elevations submitted by applicant
Future RetaiTz
' Store _
Store
Oe
Gas bar
Can py
Coffee $
., Shop
ke
tbd -
M. -
s _
Municipality of Clarington
Report PSD-048-15 Page 4
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.
Figure 2: Existing Site Photo
I
I � m ■ 0
2.3 A public meeting for the subject application was held on June 22, 2015. At the meeting,
two members of the public were in objection to the proposed application on the basis of
competition.
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: Former golf driving range and agricultural land
West: Divided highway 115/35
Municipality of Clarington
Report PSD-048-15 Page 5
Figure 3: Surrounding Land Uses
Public High
School
AIM' Recta rant
Agriculture
erciai
Va4 ant
Former
F . Gdlf f
Subject
Range
Lands
ry
r
a
p
4. Provincial Policy
Provincial Policy Statement
4.1 The Provincial Policy Statement (PPS) contains policies on the rural areas in
municipalities. 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.
4.2 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. Once cleaned up, they have the potential to be
revitalized for other such uses.
4.3 The policies of the PPS also promote diversification of the economic base and
employment opportunities through goods and services. It also states that new
development proposed along transportation corridors should be compatible with and
supportive of the long term purpose of the corridor.
Municipality of Clarington
Report PSD-048-15 Page 6
4.4 Given that the site is located along a transportation corridor and the fact that it is a
redevelopment of a brownfield site, this proposal should be supported as it is an asset to
the long-term economic prosperity of this highway corridor. This site has existed as a
commercial property for over 30 years. This proposal is consistent with the PPS, as it
provides for redevelopment of a vacant commercial site which will create new
employment opportunities and support local businesses and the larger community.
5. Official Plans
Durham Regional Official Plan
5.1 The Durham Regional Official Plan designates the subject lands "Prime Agricultural
Area". Prime Agricultural Areas permit a full range of agricultural, agricultural related and
secondary uses.
5.2 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.
5.3 The current proposal to permit a new motor vehicle fuel bar, is considered a variation to a
similar use. The Region of Durham has provided their comments and advised that the
proposal is considered to be in conformity with the Durham Regional Official Plan.
Clarington Official Plan
5.4 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.
5.5 Allowing for a motor vehicle fuel bar is considered an additional and very similar
commercial use in the Special Purpose Commercial Exception (C4-12) Zone. It is also
similar to the commercial uses permitted along the highway corridor. It will not fragment
agricultural lands and it allows the site to be revitalized.
The proposal conforms to the Clarington Official Plan.
6. Zoning By-law
6.1 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 the establishment of a new motor vehicle
fuel bar. The owner is seeking an amendment to the "Special Purpose Commercial
Exception (C4-12) Zone" in order to facilitate the proposed development, to include a
motor vehicle fuel bar.
Municipality of Clarington
Report PSD-048-15 Page 7
6.2 When the current Zoning By-law was adopted, 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 stations in the Special Purpose Commercial
Zone. The intent was to only allow new motor vehicle fuel bars in the "Service Station
Commercial Zone" category instead of any other zone categories.
7. Summary of Background Studies
7.1 The Owner's consultant submitted five studies in support of the application. A summary of
their conclusions is provided below:
Planning Rationale Report
7.2 A Planning Rationale Report was submitted by Kirkness Consulting Inc. in support of the
additional motor vehicle fuel bar use. The report indicates that the site is considered
appropriate for a motor vehicle fuel 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.
Phase 1 and Phase 2 Environmental Site Assessment
7.3 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
7.4 A Water Supply Assessment was prepared by WSP Canada Inc. The site is to be
serviced with a new well. A test well was installed to evaluate the site water supply.
Based on the estimated water use for the proposed commercial development, the test
well is considered to be a low yielding well. A water storage tank is recommended to
assist with peak pumping demand. Based on the test findings, the proposed ground water
use should not interfere with other existing water systems in the local area. The existing
well will need to be decommissioned.
Municipality of Clarington
Report PSD-048-15 Page 8
Geotechnical Investigation
7.5 This report was prepared by Patriot Engineering Limited to determine the soil and
groundwater conditions. The report indicates that conventional footings and slab-on-
grade techniques shall be used. It is recommended that the foundation drawings be
reviewed by Patriot Engineering Limited for general conformance with the geotechnical
recommendations. Also, no major groundwater problems are anticipated with the
excavation of the building foundation. 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
7.6 A Traffic Impact Study was prepared by Mark Engineering. The Traffic Study was based
on a week-long traffic count in July, which included Saturday peak hour volumes. There
is a wider shoulder that is marked as a right turn lane in some locations along the
Highway which operates as a right turn lane throughout its length. The forecasted traffic
is higher than usual due to the Tim Hortons restaurant. The report indicates that there is
sufficient capacity in the road system to serve the forecasted demand and that there will
be sufficient gaps in the traffic to serve the existing demand. However, drivers will have to
wait for adequate gaps to occur. The report concludes that no improvements to the
highway are necessary to serve the proposed development.
8. Public Notice and Submissions
8.1 Public notice was given in accordance with the Planning Act prior to the Public Meeting
on June 22, 2015. At the meeting, two property owners within the area spoke in
opposition of the application. One additional written inquiry was received after the Public
Meeting. The main concerns are outlined below:
• Market competition (there are a number of gas stations already existing along this
stretch of the highway and there is concern that an additional motor vehicle fuel bar
will over saturate the market);
• Increase in traffic congestion;
• Loss of privacy. There is an existing single family dwelling to the south of the
subject lands which also contains the golf driving range; and
• Increase in litter.
8.2 At the meeting the consultant acting on behalf of the Owner of the subject lands indicated
that market competition is not a planning consideration unless it impacts the planned
function of the area.
8.3 The increase in traffic congestion was not raised as a concern in the Traffic Impact Study
that was prepared. No further studies have been brought forward to indicate otherwise.
Municipality of Clarington
Report PSD-048-15 Page 9
8.4 The applicant has indicated that they will be working with adjacent property owners to
address issues such as privacy and litter as part of the site plan. The applicants have
shown on the proposed landscape plan, a 4 meter landscape buffer on the north and
south side of the property to address issues such as privacy. The landscape buffer
shows a mix of coniferous and deciduous trees and shrubs. The applicant is also
proposing a fully enclosed garbage building to reduce odors and the amount of litter on
site.
9. Agency Comments
Regional Municipality of Durham
9.1 The Region of Durham considers a motor vehicle fuel bar to be an expansion and a
variation to a similar use, which once contained an eating establishment. The Region
considers the application to conform to the Regional Official Plan.
9.2 The Region requires that a Record of Site Condition be filed with the Ministry of
Environment and Climate Change. An "Acknowledgement Letter" from the Ministry of
Environment and Climate Change, which acknowledges the Record of Site Condition and
indicates the site has not been selected for audit, shall then be provided to the Region.
9.3 The Regional Health Department has indicated that the daily design sewage flow is
greater than 10,000 litres/day therefore, the Ministry of Environment and Climate Change
should be contacted in order to determine servicing capacity for this site.
Ministry of Transportation
9.4 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.
10. Departmental Comments
Engineering Services
10.1 The Engineering Services Department has reviewed the application and has no objection
to the proposed use in principle. The applicant will be required to satisfy the Engineering
Services Department prior to final approval of the site plan for the subject property.
Emergency and Fire Services
10.2 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 . Discussion
11.1 The applicant is proposing a motor vehicle fuel bar with a convenience store and a Tim
Norton's restaurant with a drive through facility. The rezoning application is only required
to permit the motor vehicle fuel bar. The convenience store and restaurant uses are
Municipality of Clarington
Report PSD-048-15 Page 10
already permitted on this site. The proposed development will replace an existing vacant
restaurant building (Ace Submarines).
11.2 The subject property was previously rezoned in 1994 from "Special Purpose Commercial
(C4)" to a site specific exception zone to allow for a convenience store in addition to the
other permitted uses in the C4 Zone. The proposed development at that time was also
subject to a site plan agreement. Site plan approval was granted however the site was
never developed. The site plan approval expired on July 22, 1996 due to the project
being abandoned by the property owner. The zoning permissions for the convenience
store remained in place but a new site plan application is required.
11.3 In the past there have been similar instances where the "Special Purpose Commercial
(C4) Zone" has been amended for other properties along Highway 35/115. They allowed
for similar type of uses to be permitted as an extension to the existing commercial
permissions granted on these properties in order to allow businesses to adapt to evolving
market trends.
11.4 It is clear from the preceding paragraphs and the public input received that there are a
number of issues with the site design. Many can be addressed by appropriate traffic
management and through the implementation of the site plan. The following sections
detail how the issues identified can be addressed.
Site Contamination
11.5 A Phase 1 and Phase 2 Environmental Site Assessment was submitted by the applicant.
The Assessment indicated elevated levels of petroleum hydrocarbons on the site, but that
the source of the contamination may have been caused by other surrounding fuel bars.
The applicant must fulfil the Regions comments prior to site plan approval, including
providing satisfactory information to the Region of Durham that any on-site contamination
is within the acceptable limits of the Ministry of the Environment and Climate Change by
filing a Record of Site Condition with the Ministry and providing the "Acknowledgement
Letter."
Site Servicing
11.6 The proposal will be on private services as municipal water and sanitary sewers are not
available. The Durham Region Health Department does not have approval jurisdiction
over the septic design. In this case, private services must be provided to the satisfaction
of the Ministry of Environment and Climate Change as a condition of approval. As a result
of this, a holding provision has been incorporated into the proposed zoning by-law
amendment requiring that services be provided or provisions be made with the Ministry of
Environment prior to lifting the holding.
Municipality of Clarington
Report PSD-048-15 Page 11
Transportation
11.7 The Region of Durham Division indicates that the proposed amendment does not
present any significant Regional transportation impacts. The subject property fronts
Highway 35/115, which is the jurisdiction of the Ministry of Transportation.
11.8 The Ministry of Transportation has indicated that a Building & Land Use permit is
required for the proposed development, along with an entrance permit for any changes
to the entrance on Highway 35/115. The Traffic Impact Study will need to be revised to
demonstrate that all vehicular movements can be safely accommodated to, from and
within the site. Concerns were raised by the Ministry regarding separation between
existing entrances on neighbouring properties, in order to mitigate weaving issues and
unnecessary conflict points, they recommend amalgamating with either the neighbouring
properties to the north and south or obtaining an entrance permit that is mutually agreed
to with adjacent property owners.
11.9 Since both the applicant and the adjacent property owners to the north and south need
to be in agreement with the design of the entrance, it is recommended that this be a
condition of the holding on the property.
Market Competition with other Gas Stations
11.10 Concern was raised at the public meeting that the combination of Tim Hortons, a
convenience store and the gas station provided a significant market advantage that
would negatively impact other service stations. While this may be the case, it is not the
Municipality's role to regulate market competition except to the extent that it may
negatively impact the planned function of an area, such as a downtown. This is not the
case here. The Municipality's Official Plan does not identify this area as a commercial
precinct; it is designated for agricultural purposes. However, the existing commercial
uses that preceded the Official Plan were recognized in the Zoning By-law. We
anticipate that all businesses along the 35/115 will evolve to meet market changes.
While these lands are permitted to continue with evolve and hopefully be occupied by
successful businesses, there is no planned function identified in the Official Plan that is
threatened by this application.
Stormwater
11.11 The Ministry of Transportation and the Clarington Engineering Services Department are
responsible for commenting on the stormwater management of the property. They have
indicated that the Stormwater Management for the site will be reviewed at the site plan
application stage when a grading and drainage plan is prepared in detail, as well as a
stormwater management brief.
Holding Symbol
11.12 In consideration of the Ministry of Transportation comments and other concerns raised
by the public, to remove the holding symbol on the property will only be lifted at such
time as the applicant has entered into a site plan agreement with the Municipality and
satisfied the requirements of all agencies and departments.
Municipality of Clarington
Report PSD-048-15 Page 12
11.13 Prior to the lifting of the holding symbol the applicant is required to enter into a site plan
agreement with the Municipality of Clarington that addresses:
• landscaping buffers to address the issue of privacy on adjacent properties;
• highway entrance approvals to the satisfaction of the Ministry of Transportation;
• stormwater management to the satisfaction of the Ministry of Transportation and the
Municipality of Clarington Engineering Department;
• site contamination to the satisfaction of the Ministry of Environment and Climate
Change and the Region of Durham; and
• site servicing to the satisfaction of the Ministry of Environment and Climate Change.
11.14 The application has been reviewed within the context of the Regional and Clarington
Official Plans, and the nature of the development along Highway 35/ 115. Staff are of the
opinion that the addition of a new motor vehicle fuel bar as a permitted use is compatible
with the surrounding properties and supports the objectives for economic development
and the rejuvenation of the existing commercial properties along Highway 35/115. In
addition, staff note that other properties in the surrounding area have similar zone
provisions to those sought by the applicant.
11.15 The Finance Department advises that taxes have been paid in full as of August 28,
2015.
12. Conclusion
12.1 In consideration of the comments received from the circulated agencies and staff
comments, the approval of the attached zoning by-law amendment is recommended to
permit a motor vehicle fuel bar and further that a by-law will be brought forward to Council
to remove the holding symbol at such time as a site plan agreement has been executed
and all agency and department comments have been addressed.
13. Strategic Plan Application
13.1 This conforms to the Strategic Plan as it facilitates the expansion of jobs and the
attraction of new businesses.
C
Submitted by: Reviewed by:
Da J. Crome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
Staff Contact: Nicole Zambri, Planner, 905-623-3379 ext. 2422 or nzambri�clarington.net
Municipality of Clarington
Report PSD-048-15 Page 13
Attachment:
Attachment 1 - Zoning By-law
The following is a list of the interested parties to be notified of Council's decision:
Diane Werry
Betty Petropoulos
Jaswinder Bawa
Tejinder Singh
Nipu Patel
Kenneth Rowlands
NZ/COS/df
Attachment 1 to
Municipality of Clarington Report PSD-048-15
Corporation of the Municipality of Clarington
By-law 2015-
being a By-law to amend Zoning By-law 84-63
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 Municipality of
Clarington for ZBA 2015-0005;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Zoning By-law 84-63 is amended as set out in Section 2 through 4 of this by-law.
2. Section 19.4.12 is replaced as follows:
"19.4.12 SPECIAL PURPOSE COMMERCIAL EXCEPTION (C4-12) ZONE
Notwithstanding Section 19.1, the lands zoned C4-12 on the Schedules to this By-
law, in addition to the uses permitted in the C4 Zone, may also be used for a motor
vehicle fuel bar and a convenience store."
3. Schedule `2' to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from "Special Purpose Commercial Exception (C4-12)" to
"Holding (H) — Special Purpose Commercial Exception (C4-12)" as illustrated on
Schedule `A' attached hereto and shall form part of this By-law.
4. This By-law shall come into effect on the date of its passage, subject to the
provisions of Sections 34 and 36 of the Planning Act.
I
By-law passed in open session this day of 12015
I
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
This is Schedule "A" to By-law 2015- 1
passed this day of 12016 A.D.
N
N
Zoning Change From "C4-12"To"(H)C4-12"
Adrian Foster,t41 ayor C.Anne Greentree, Municipal Clerk
D LL'
Q
2 U_
� U
O O O
J
� C ESE R D 3
;;T ZBA 2015-0005
f- SC H EDU LE 2