Planning for second Malden Centre gas bar moved forward by town council

A new gas bar and convenience store is proposed for 6754 County Road 50, in Malden Centre.

The process to locate a second gas bar and convenience store in Malden Centre has taken a step forward.

Despite objections from neighbouring businesses and property owners, a rezoning application for the site at 6754 County Road 50 has been advanced, but not with final approval as of yet.

In a report from manager of planning services Christopher Aspila, “the proposed addition of a gas bar to the subject lands conforms to the Neighbourhood Commercial designation on the property. A gas bar and convenience store provide for the daily needs of those living in the area. The property will have 10 parking spaces plus a Type A accessible parking space, resulting in substantial parking for a small-scale use. The scale of the development is guided by the existing lot fabric within the area, as the proposal is limited to one existing lot of record that has traditionally had a commercial use on it. The subject lands have been used as a gas station in the past, however more recent uses on the subject lands included a car wash. The proposed Zoning By-law Amendment appears to be in conformity with the Town of Amherstburg Official Plan.”

The report added: “The owner intends to redevelop the former car wash building that existed on the subject lands as a convenience store. It is noted that the convenience store is currently permitted use in the Commercial Neighbourhood zone. All other existing CN-8 regulations will be complied with including and not limited to lot coverage, maximum building height, etc. The proposed reduction in parking spots reduces the required number of parking spots by one spot. The bylaw is written so that any additions or changes of use on the site will require that parking be re-assessed. The proposal provides a fair amount of parking for a use that is typically short-term for most customers. The proposal also provides for a loading space, in addition to the parking, which was not required by the zoning by-law. This means that deliveries will not need to block the parking spots and limit the usability of the on-site parking. The reduced setback from County Road 50 provides for a structure that complies with the Town of Amherstburg’s setbacks. The structure that will encroach on the required setback is the gas bar canopy, which is an open structure. The County of Essex has been in communication with the Applicant and is satisfied with the proposed setback. Administration does not have concerns with the proposed setback.”

Councillor Peter Courtney said the issue has become a “hot topic” due to the nature of the proposed business and its proximity right across the road from Ure’s Country Kitchen. Courtney called Ure’s “a pillar of our community.”

Courtney said he was “flabbergasted” why setbacks are reduced and questioned why setbacks are changed. 

“What’s the purpose of having a setback?” he asked.

Deputy CAO/director of development services Melissa Osborne added said applicants can make requests for reductions though they have to provide planning rationale to support the amendment requests.

“Property owners do have the right to ask for those setbacks. They frequently happen. They’ve happened to allow most of the businesses along Sandwich St. to be activated as well. It’s not uncommon and it’s certainly something we bring forward after careful consideration of whether or not they’ve substantiated what they’ve requested appropriately,” said Osborne.

Mayor Michael Prue noted Osborne offered advice on what council could consider, with that being what was eventually passed. Osborne said if council was concerned and didn’t want to approve the recommendation, rather than denial and a possible Ontario Land Tribunal appeal, approval in principle be granted for the rezoning. Once a site plan control agreement has been prepared by the town and executed by the applicant, a final zoning bylaw amendment bylaw would be brought back to town council.

Prue thanked administration for that alternative, believing there were members of council “uncomfortable” voting for final bylaw approval at the most recent meeting.

The plan for a gas bar and store at that location came under criticism when it originally went before town council last year. Concerns at that time included use of the site as a gas station in the past and environmental concerns. Unlike the previous planning meeting, there were no delegations at the most recent council meeting.

Aspila’s report stated the applicant has complete a Stage 1 Assessment for the subject lands with Phase II recommended.

“Based on the findings and recommendations of the site assessment work, administration requested further confirmation that the site did not have levels of contamination within the soil that were above the acceptable levels identified in the MOE criteria. The applicant commissioned a soil analysis study, which occurred on December 19, 2024 and was provided to the Town. The soil analysis states that ‘the results of the analysis for total petroleum hydrocarbons (F1 to F4) and BTEX (Benzene, Toluene, Ethylbenzene and Xylene) in the soil samples taken from Test Pits #1, #2, #3, #4 and #5, satisfies the relevant current MOE criteria for fine-grained soil with commercial land use and non-potable water resources.”

Aspila also wrote the site owner will be required to comply with all TSSA regulations.

Regarding the need for another gas bar in that area, the report stated municipalities don’t have jurisdiction to limit gas stations or any other type of business in any geographic area.

“The OLT, LPAT and the OMB have consistently ruled over many years that the issue of attempting to limit competition and/or whether there is a business plan to support the establishment of a new business is not considered to be a valid planning argument to deny a development application,” Aspila wrote.

If approved, the owner will be required to submit a photometric plan regarding lighting and not negatively impacting other properties. According to Aspila’s report, a traffic impact brief was also prepared as there were concerns over pedestrian and bicycle safety in the area of County Road 50 and County Road 20. 

Planning for second Malden Centre gas bar moved forward by town council

By Ron Giofu