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HomeMy WebLinkAboutPSD-022-07 ClNilJglon REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Report #: PSD-022-07 File #: ZBA 2006-023 and COPA 2006-0004 6Pfl - 109;/ (J7 . By-law #: Date: Monday, February 19, 2007 Subject: PROPOSED OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT TO PERMIT A RESTAURANT WITH A DRIVE THROUGH FACILITY AND A FUEL BAR WITH A CONVENIENCE STORE AND A CAR WASH FACILITY APPLICANT: MARTIN ROAD HOLDINGS LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-022-07 be received; 2. THAT the application submitted by Martin Road Holdings Limited be referred back to staff for further processing and the preparation of a further report following the receipt of all outstanding agency comments; and, 3. THAT the interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: D i . Crome, M.C.I.P., R.P.P. Director of Planning Services 0" Reviewed by: \ .~...2 ~ Franklin Wu, Chief Administrative Officer DJ/DJC/df/sh 14 February 2007 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-022-07 PAGE 2 1.0 1.1 APPLICATION DETAILS Applicant: Martin Road Holdings Limited 1.2 Official Plan: from "Urban Residential" to an appropriate designation to permit, as a site specific exception, the development of a restaurant with a drive-through facility on the northern part of the site; 1.3 Rezoning: from "Holding - Urban Residential Type One ((H) R1) Zone" to an appropriate zone to permit the development of a restaurant with a drive through facility and a fuel bar with a convenience store and a car wash facility. 1.4 Location: 10 Aspen Springs Drive, located on the north-western corner of Aspen Springs Drive and Regional Road 57, Bowmanville. 1.5 Site Area: 0.99 Hectare (2.44 Acres) 2.0 BACKGROUND 2.1 On October 29, 2004, Martin Road Holdings Limited submitted a rezoning application for a parcel measuring 0.78 Hectare (1.9 Acres) on the corner of Aspen Springs Drive and Regional Road 57, to permit a convenience store, fuel bar and a car wash. At the Public Meeting on January 24, 2005 the report in respect of the application was received and referred back to staff to respond to the issues raised by the public and from outstanding agencies. One member of the public submitted a letter of objection prior to the Public Meeting while another spoke in opposition of the rezoning at the Public Meeting. A number of objections from residents and businesses were submitted to Planning staff afterwards, and the proponent subsequently requested a postponement of the decision in respect of the application. 2.2 In mid 2006 Martin Road Holdings decided to change the scope of the initial application by increasing the lot size for the intended development and adding a restaurant with a drive-through facility (Tim Hortons) to their development proposal, which necessitated the re-submission of the rezoning application. Attachment 1 shows the proposed development as applied for, which includes the location of the fuel bar, convenience store, car wash and restaurant with the drive-though facility, access points and associated parking provisions on site. 2.3 The submission of a new rezoning application on September 6, 2006 effectively substitutes the previous rezoning application. 2.4 Upon receipt of the latest rezoning application, staff confirmed that the gas bar and car wash use conforms to the Clarington Official Plan. Staff concluded that the proposed REPORT NO.: PSD-022-07 PAGE 3 Tim Hortons restaurant is considered a free-standing use and not accessory to the fuel bar and car wash and does not meet the intent of the relevant Official Plan policy. 2.5 On December 5, 2006 Martin Road Holdings submitted the Official Plan Amendment application and a Planning Rationale Report, prepared by Sernas Associates. The final Traffic Impact Study, that was prepared by TSH Engineering under the auspices of the Engineering Services Department, was received on December 19, 2006. After receiving both reports staff was now in a position to proceed with the circulation of the application to outside agencies. 3.0 SITE CHARACTERISTICS AND NEIGHBOURHOOD CHARACTER 3.1 A temporary sales office compound, consisting of 3 showrooms and a gravel parking area, is currently located on the subject property. Access to the sales offices is currently off Aspen Springs Drive. 3.2 The site is bounded by two important routes: to the east by Regional Road 57, a Type A Arterial road that among other things, serves as a main linkage between the 401 Highway and West Bowmanville Town Centre, and to the south by Aspen Springs Drive, the main residential collector road serving Westvale neighbourhood. Photo 1: Northward view of application site REPORT NO.: PSD-022-07 PAGE 4 3.3 Neighbourhood character and surrounding land uses: North: Vacant lands for a future GO Station and the St. Lawrence and Hudson Railway line.. Further north, across the railway line lies land within an undeveloped part of the West Bowmanville Town Centre and intended for future office and high density residential development. East: Single detached dwellings on larger residential lots averaging 1520m2 in size. These dwellings are set back between 10 and 19m from the Regional Road 57 road allowance. South: Low density residential neighbourhood that consist of semi-detached 2 storey residential dwellings (link-homes). The backyards of these houses face Aspen Springs Drive and the residences have no direct access thereto. There is a 6 ft. privacy fence along the lot boundaries facing Aspen Springs Road. West: Vacant lands for the future GO Station and beyond it, vacant high density residential land; Photo 2: View of residential properties to the south, backing onto Aspen Springs Drive REPORT NO.: PSD-022-07 PAGE 5 4.0 PUBLIC NOTICE AND SUBMISSION 4.1 Public notice was given by mail to each property owner within 120 metres of the subject property and two public meeting notices were installed on the property. 4.2 One inquiry has been received expressing general concerns about developments in the area. 5.0 PROVINCIAL POLICY 5.1 Provincial Policy Statement The PPS states that transportation and land use considerations shall be integrated at all stages of the planning process. The desirability of the land use at this location can thus not be separated from the traffic impact and functioning of the road network in the area. 5.2 The Growth Plan for the Greater Golden Horseshoe Transportation system planning, land use planning and transportation investment must be co-ordinated to implement the Growth Plan - the consideration of the traffic impact of the proposed land uses on the road network and the surrounding land uses is a key component of this particular planning proposal; and this methodology complies with the subject policy. 6.0 OFFICIAL PLANS 6.1 Durham Reaional Official Plan 6.1.1 The Durham Regional Official Plan designates the lands "Living Area" which is intended predominantly for housing purposes, but permits other uses such as certain home occupations and convenience stores that are compatible with their surroundings, limited office development and limited retailing of goods and services, in appropriate locations, as components of mixed use developments. The Region promotes compact urban form, including intensive residential, office, retail and service and mixed uses along arterial roads and in conjunction with present and potential transit facilities. The application would appear to conform to this policy direction. 6.2 Clarinaton Official Plan 6.2.1 The subject lands are designated "Urban Residential" and falls within the Westvale Neighbourhood. The predominant use of lands within this designation shall be housing and other uses may be permitted which, by nature of their activity, scale and design are supportive of, compatible with and serve residential uses. REPORT NO.: PSD-022-07 PAGE 6 6.2.2 Fuel bars may generally be established in any urban land use designation, subject to certain conditions aimed at limiting the amount of fuel bars on street corners, promoting compatible land use patterns, ensuring safe pedestrian and traffic movement and minimizing the impact of fuel bars on residential uses. The Plan provides a number of design policies that are relevant to this development proposal. Most of these design policies pertain to technical aspects such as vehicular access points, parking, fencing, landscaping and architectural treatment and will be addressed through site plan approval. 6.2.3 The proposed Tim Hortons restaurant does not conform with the Official Plan - thus the need to amend the application. If approved the Official Plan furthermore has design guidelines to be considered with the location of a drive-through facility and the review of stacking lanes. There are some guidelines that are relevant at this stage of the planning process that will need further consideration, such as the minimum lot size for a drive- through facility, stacking lane length and provision of landscape buffers. 7.0 ZONING BY-LAW 7.1 The property is in the "Holding - Urban Residential Type One ((H) R1) Zone" which does not permit the fuel bar, car wash and restaurant with a drive-through facility. In order to permit the proposed development. a rezoning application was submitted for consideration. 8.0 BACKGROUND STUDIES 8.1 The applicant submitted a Planning Rationale Report and Traffic Impact Study, to provide sufficient information and justification to enable Council to evaluate the requested Official Plan amendment. 8.2 The Plannina Rationale report The Planning Rationale report sets out supporting arguments that can be summarized under the following points: . The need is demonstrated by the existing waiting times and associated traffic congestion at the existing Tim Hortons facility at Regional Road 57 and Baseline Road, and that that the property: is an ideal location to intercept many residents that start their commute further north; and, - would better distribute the activity between the two locations, relieve traffic congestion at the Baseline Road site and service commuters to the adjacent future GO Station site. . The subject development can be viewed as a small highway commercial site serving the needs of residents driving on Regional Road 57 as it has convenient REPORT NO.: PSD-022-07 PAGE 7 access to this major arterial without encouraging traffic infiltration into the residential neighbourhood. The applicant furthermore states that the site is isolated from the rest of the neighbourhood by the proposed GO Station site, that it fronts onto reverse frontage residential lots (fronting Glen Ray Court) across Aspen Springs Drive, and that Aspen Springs Drive has a significant width to accommodate dedicated turning lanes at the intersection. · The proposed development is likely to have little impact on adjacent uses and that it will be compatible with the GO station (i.e. needs no buffering) and with the residential uses to the south and west that are naturally separated via substantial right-of way widths. . The proponent referred to the submitted conceptual site plan, detailing how the proposed development would meet the relevant development and design criteria in the Official Plan and the Zoning By-law in order to minimize any adverse impact and to maximize the quality of urban design. 8.3 The Traffic Impact Study 8.3.1 The Traffic Impact Study consists of the following key components: . An assessment of existing traffic conditions and operations in proximity to the site; and . An assessment of future background traffic conditions with and without the proposed development to determine the net impact of the development. 8.3.2 The analysis was conducted on the basis of two scenarios for the Regional Road 57 access; one provides a right-in only access, the other would provide a right-in/right-out access. The Aspen Springs Drive access would allow all turns. 8.3.3 The conclusions from the Traffic Impact Study are as follows: . The critical eastbound left turn movement at the intersection of Regional Road 57 and Aspen Springs Drive operates currently at marginally acceptable levels of service during the weekday peak hour periods; . The proposed development will generate higher turning movements at the Regional Road and Aspen Springs Drive intersection, which will result in traffic signals being required to provide safer conditions and an acceptable level of service. With signalization, a northbound left turn lane also should be constructed on Regional Road 57 at Aspen Springs Drive; . Signalization of the Regional Road 57/Aspen Springs Drive intersection would be required whether the proposed Regional Road 57 access was limited to either a right-in only or a right-in/right-out operation; . Subject to further review by Durham Region, other road improvements that may be required along Regional Road 57 include a southbound right turn taper at the site access driveway and a southbound right turn lane at Aspen Springs Drive; and, REPORT NO.: PSD-022-07 PAGE 8 . The current site plan appears to be satisfactory with respect to drive-through and car wash queue storage, parking and traffic circulation, but should be subject to further review once more detail is provided with respect to access design and internal traffic control measures. 9.0 AGENCY COMMENTS 9.1 The Clarington Engineering Services Department have no objection, in principle, to the proposed Official Plan Amendment or zoning change provided that the recommendations of the Traffic Impact Study are implemented by the applicant. Additional comments will be provided at the site plan approval stage of the development process. 9.2 The Clarington Emergency Services Department has no fire safety concerns on the submitted proposal. 9.3 Central Lake Ontario Conservation Authority has no objections to the development proposal but will require certain technical information through the site plan process. 9.4 Bell Canada stated that it had no objection to the application, but in the event of any conflicts with existing Bell Canada facilities or easements, the owner shall be responsible for re-arrangements or relocations. 9.5 Comments are outstanding from a number of agencies circulated, including Regional Planning and Regional Works Department. 1 0.0 STAFF COMMENTS 10.1 With regards to the Planning Rationale report, although there is merit in the view that the application site is somewhat isolated from the Westvale neighbourhood, it is still located at the entrance to the residential neighbourhood, and across low density residential properties. In the event of the application being approved there may need to be certain mitigating measures such as noise attenuation, illumination standards, landscape screening and urban design techniques to soften the visual and functional impact of the intended activities on the residential neighbourhood. 10.2 Service stations/fuel bars are permitted in any land use designation subject to certain locational and site plan requirements. Small convenience stores are also permitted as an accessory use. It is noted that the proposed store is within close proximity to the commercial plaza on the corner of Hartwell Drive and Regional Road 57. Staff are reviewing the appropriate size for the convenience store component. 10.3 The Official Plan only provides for restaurants within an identified Town Centre or other type of commercial area. Consequently the applicant is proposing a site-specific exception to permit the Tim Hortons restaurant. The merit of this exception will be reviewed further by staff. REPORT NO.: PSD-022-07 PAGE 9 10.4 The access condition on Regional Road 57 may be a right-in only or a right-in/right-out. The latter would be more beneficial for site circulation and for queuing at the Aspens Spring Drive intersection. This will be reviewed further at the site plan stage. However, regardless of which option is selected, the Traffic Study indicates that signalization is required at the Aspen Springs Drive intersection. Prior to making a recommendation on the applications for Official Plan amendment and rezoning, staff will require that the applicant and the Region agree to install traffic signals prior to or concurrent with the opening of the project. 10.5 There are a number of site design issues which the applicant will need to address. Staff want to ensure that there will be an upgraded fa~ade to the restaurant and that it will be located with ease of access by pedestrians. Therefore the building needs to be located so that there is no parking or drive aisles between the restaurant and the sidewalk on Regional Road 57. The applicant should provide more information on the proposed building design for the restaurant and the service station buildings and it should incorporate architectural themes from historic Bowmanville. 10.6 It is clear from the preceding paragraphs that there are a number of issues. Staff will formulate a response that will focus primarily on the following key aspects: . The residential character of the area with specific emphasis on scale, density and the interface with proposed new uses ; . The character, scale and impact of the intended uses by looking at traffic flow, lighting, noise and hours of operation; . A commitment to signalize the Aspen Sprigs/Regional Road 57 intersection; . The functionality of the development proposal, specifically the interrelation of uses on site and the scale of the activities in relation to lot size and surrounding land uses such as the future GO Station; . The siting of the Tim Horton's restaurant and the convenience store; and . Any concerns or objections raised by the public. 11.0 CONCLUSION 11.1 The purpose of this report is to satisfy the requirements of the Public Meeting under the Planning Act. After hearing the comments received, it is respectfully recommended that this report be referred back to staff for further procession and the preparation of a subsequent report. Attachments: Attachment 1 - Key Map List of interested parties to be advised of Council's decision: John Oates Y. Moola John Linney Donna Labanovich Sherry Carlton & Robert Whittall -t..lco1 \ \J~ .) Property Location Map ( Bowmanville ) 0 25 c ;:11 I.-J 1!t I I I I I LJ I ~ I GAS BAR SITE 0 (f) PART 1 I AREA = 0.780 ho. I- <( 0 ~ ~ ~ ---l 0 ~ ~ lotS B@R 0:: :z ~' w w :s: I- N82"08'SO"E w 0.304 CD N72"36'OO"E w 3.0S0 u ~) :z Z <( - :s: "..,,~ ! Jo- 0 ---l _ ._N7~~~"E . 0:: ---l <( <( ~ SPR\NGS DRIVE Cl <( ~S~~~ 0 0:: '--" 75.000 10 v "'! iXi J ci ~ KING ~ -00 or- ,""", f'Ju;i r-", Z II~ ~ If) , ~ -~ --, f;l'A:llIII.'e........ X*I "'l.ft. "~3 Cl :z <( "<;j- COPA 2006-0004 Clarington Official Plan Amendment ZBA 2006-0023 Zoning By-Law Amendment --i o ;0 CD "0 o ;4. -o~ 00'- o~ I ~ 03 ~CD I ::J 0'- -...I...... Owner: Martin Road Holdings Ltd.