A possible new gas bar and convenience store in Malden Centre was the topic of debate at a special planning meeting last week.
The new store, should it proceed, would be located at 6754 County Road 50 at the southwest corner of County Road 20 and County Road 50, and the meeting was regarding a zoning bylaw amendment that would be needed. According to a report from manager of development services Christopher Aspila, the site is currently zoned Commercial Neighbourhood (CN-8) but the amendment would allow for the addition of a gas bar on the site.
The property is owned by T/A General Contracting, with planner Robert Brown representing the applicant at last Monday evening’s meeting.
Brown told town council it is 22,000 square feet in size and noted the building on site was used as a self-serve car wash. He said the convenience store is a permitted use, based on the zoning, but the gas bar needs the amendment. The proponent has worked with town administration and the County of Essex on the project and a site plan has been developed.
“In terms of comments we’ve received from a couple of neighbors in the area with regard to this, the one thing I’ll start with is certainly we recognize the fact this is introducing a similar use to what is already available in Malden Centre and does present a competition issue,” said Brown. “From a planning standpoint, we’ve reviewed the site and administration is happy it complies with the Official Plan.”
Setbacks will not be reduced further than what they already are, Brown stated.
The former car wash was subject to numerous break-ins, he acknowledged, but added there would be people on the site during the day at the gas bar. Brown added Windsor police also provided input, and their comments were factored into the site plan.
An access point off of County Road 20 would be an entrance-only, he added, with a two-way entrance/exit relocated slightly north on County Road 50. Fencing would be replaced, landscaping added, and a photometric study was completed regarding lighting.
“This will not be a 24-hour operation,” he noted.
Drainage was also identified, Brown added, and that would be addressed through the site plan.
Randy Ure, who owns neighbouring Ure’s Country Kitchen with his wife Laurie, voiced several concerns. He said they have been in Malden Centre for 36 years and have made numerous upgrades during that time.
Ure said they put in new gas tanks and did the environmental work that went into it. The neighbouring site was a gas station from 1939 until the early 1980’s.
“When we did environmental remediation to our site, we hauled ten semi loads of contaminated soil away at a cost of over $1 million in today’s money,” he said.
Ure said when his business developed the mini-golf course, they did additional environmental work including soil samples and capping an old well.
“This is not a good idea for the community because the Town of Amherstburg has two gas stations on a busy road with a major development along the road with a population of over 10,000 people. Malden Centre has a couple hundred residents and we’re on a back country road. It does not need two gas stations,” he said.
Ure also wondered about a weeping bed at the site and whether the size of the site is suitable. He also questioned setbacks from neighbouring homes.
“I don’t think there should be an entrance off of County Road 20, across the turning lane,” he said. “If you are going into the entrance off County Road 20, you’d have to cross this turning lane.”Parking was another issue raised by Ure. He said that was an issue his business had to address when the mini-golf course was developed.
Accessibility was another issue Ure raised, as was additional environmental concerns. Lighting was another matter that was raised.
Traffic in the area was brought up by Ure as well, as he noted there is additional residential development nearby. Speeding is an issue in the area, he stated.
“Laurie and I have run our business in Malden Centre for 36 years, following all of the rules and regulations from all the different levels of government. We’ve made changes to our property to benefit ourselves and our community,” he said.
“It was a shock to hear of a new gas station across the road. It is not needed in Malden Centre and it is not wanted in Malden Centre.”
Ure’s Country Kitchen has received a license for beer and wine sales and is getting ready with walk-in coolers and shelving, he added. He said they would rather have something that complements their neighbourhood and business.
“If we end up with a gas station across from me, we’re going to have a gas war which is going to be great for the customers in Amherstburg, but nobody is going to money selling gas in Malden Centre,” said Ure.
Calling a gas station “a legacy development,” Ure predicted it will be there for over 50 years. The gas station is becoming more difficult, adding “it’s all about volume” with Ure’s diversifying with the store, firewood and the mini-golf course.
“This is not going in for the next little while,” he said. “This is 50 years before it’s going to be dismantled and taken apart.”
Ure suggested the owners of the new project “should have come over to me and Laurie and negotiated to buy our gas station. After 36 years, I would have been more willing to make a deal and let them have the gas station in Malden Centre.”
Nearby resident Brandon Kolody agreed with Ure and while noting the point that diversity of business is not the purview of council, he believed there are more useful uses of the property than a second gas bar.
“Ure’s has provided everything the community needs for many years now,” he said. “To have a second business come in and potentially destroy what Randy has built in that amount of time is concerning to us.”
Kolody added traffic is another concern, noting he and his wife have two children. He said they use the bike lanes to use the school yard and park and was concerned over safety.
“It’s already a fairly busy corner and to add an entrance from (County Road) 20 crossing that bike lane and crossing that turn lane and to only having an exit out on (County Road) 50 making left-hand concerns is another concerns,” he said. “There will be a significant number, in my opinion, drivers who become impatient. I work in traffic on the Herb Gray Parkway. I see what drivers do all day when a delay is four seconds longer than they believe it to be.”
At least 60 per cent of the homes in that area have small children that use bike lanes and walking paths to get to school or a playground. He said they don’t want to see someone hurt due to an impatient driver.
“I am not in favour and my wife is not in favour,” he added.
Councillor Don McArthur called Ure’s Country Kitchen “a community institution” and a “beacon” along the roadway. He recalled his 100-mile walks around the region and said the snacks they got at Ure’s were helpful in finishing it.
McArthur added the mini-golf course gives families something to do.
“That’s not exactly what this planning meeting is about but I think it’s important we say it,” said McArthur. “I can appreciate it’s a difficult circumstance for you guys.”
Relating to planning matters, McArthur wanted to know why the zoning won’t allow gas bars.
“There’s a reason why it’s different than other commercial zones so from a planning perspective, what is that reason?” asked McArthur.
Aspila said under the commercial neighbourhood zoning, gas bars aren’t allowed and a special provision is needed to add one. He added gas bars are permitted in other zones.
“Zoning for all of Amherstburg pre-dates amalgamation and that is something we will look into for the zoning bylaw update that will be commencing shortly,” said Aspila.
McArthur questioned why the rules were put in place and didn’t believe the explanation should wait until the town’s review of the zoning bylaw. Planning consultant Larry Silani added there are many site specific zones in municipalities and that when bylaws are written, they are written due to existing uses at that time,” said Silani.
Silani added the gas bar at the 6754 County Road 50 site was not in use when the bylaw was written so it does not recognize one at that site likely because it would be site specific to what was there.
Deputy CAO/director of legislative services Melissa Osborne said information on environmental matters is being collected and will be part of a professional planning recommendation. Any required studies would be part of a requirement, she indicated.
“I’m perplexed. It doesn’t make sense to me,” said Courtney. “I’m not a business owner but I definitely wouldn’t want to try and mimic something in a remote area and do the exact same business model. It doesn’t make sense. Again, that’s outside of our jurisdiction and I’m sure planning will tell us that.”
Courtney believes they are putting the cart before the horse, as there is work to try and change the zoning “without even knowing if this can actually come to fruition.”
Regarding a traffic study, the proponent would have to prepare one that would require approval from the County of Essex, added Aspila. Issues like propane storage would typically be applied during the site plan process, he added.
Courtney wanted more information on environmental issues, and Aspila said conditions are being looked at to see if they are necessary. Osborne said if it is deemed to be recommended for approval, it can come with conditions such as environmental matters, before final adoption.
Councillor Molly Allaire asked about the access points on both county roads, with Aspila stating ultimately, it’s up to the county.
Mayor Michael Prue added while “it’s none of our business” if a gas station is to be opened there, the sale of gas is declining and pointed out the new EV battery plant is being constructed in Windsor.
“Nobody is talking about EV stations. I don’t know why you want to be in competition with a gas station that is going to sell less and less gas and why you’re not thinking about an EV station and something else in there,” said Prue.
“I’m just perplexed but that’s your business.”
Town council received all the comments and directed administration to come back with a report at a later date.
“It’s already a fairly busy corner and to add an entrance from (County Road) 20 crossing that bike lane and crossing that turn lane and to only having an exit out on (County Road) 50 making left-hand concerns is another concerns,” he said. “There will be a significant number, in my opinion, drivers who become impatient.”
At least 60 per cent of the homes in that area have small children that use bike lanes and walking paths to get to school or a playground. He said they don’t want to see someone hurt due to an impatient driver.
“I am not in favour and my wife is not in favour,” he added.
Councillor Don McArthur called Ure’s Country Kitchen “a community institution” and a “beacon” along the roadway. He recalled his 100-mile walks around the region and said the snacks they got at Ure’s were helpful in finishing it.
McArthur added the mini-golf course gives families something to do.
“That’s not exactly what this planning meeting is about but I think it’s important we say it,” said McArthur. “I can appreciate it’s a difficult circumstance for you guys.”
Relating to planning matters, McArthur wanted to know why the zoning won’t allow gas bars.
“There’s a reason why it’s different than other commercial zones so from a planning perspective, what is that reason?” asked McArthur.
Aspila said under the commercial neighbourhood zoning, gas bars aren’t allowed and a special provision is needed to add one. He added gas bars are permitted in other zones.
“Zoning for all of Amherstburg pre-dates amalgamation and that is something we will look into for the zoning bylaw update that will be commencing shortly,” said Aspila.
Deputy CAO/director of legislative services Melissa Osborne said information on environmental matters is being collected and will be part of a professional planning recommendation. Any required studies would be part of a requirement, she indicated.
“I’m perplexed. It doesn’t make sense to me,” said Councillor Peter Courtney. “I’m not a business owner but I definitely wouldn’t want to try and mimic something in a remote area and do the exact same business model. It doesn’t make sense. That’s outside of our jurisdiction and I’m sure planning will tell us that.”
Regarding a traffic study, the proponent would have to prepare one that would require approval from the County of Essex, added Aspila.
Courtney wanted more information on environmental issues.
Osborne said if it is deemed to be recommended for approval, it can come with conditions such as environmental matters, before final adoption.
Councillor Molly Allaire asked about the access points on both county roads, with Aspila stating ultimately, it’s up to the county.
Mayor Michael Prue added while “it’s none of our business” if a gas station is to be opened there, he pointed out the new EV battery plant is being built in Windsor.
“Nobody is talking about EV stations. I don’t know why you want to be in competition with a gas station that is going to sell less and less gas and why you’re not thinking about an EV station and something else in there,” said Prue.
“I’m just perplexed but that’s your business.”
Town council received all the comments and directed administration to come back with a report at a later date.
Planning meeting addresses possible new store/gas bar in Malden Centre
By Ron Giofu
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