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HomeMy WebLinkAboutPSD-090-10• Le~~~~~ REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ~ pq-yoY- w Date: July 5, 2010 Resolution #: flog -yoq_ip By-law #: a0lo~0g~ ao/o -08~ Report #: PSD-090-10 File #: ZBA 2006-023 and COPA 2006-0004 G3a4-~ o Subject: PROPOSED OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT TO PERMIT A RESTAURANT WITH ADRIVE-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-090-10 be received; 2. THAT the application submitted by Martin Road Holdings Ltd. to amend the Clarington Official Plan (Amendment No. 70) as contained in Attachment 4 to Report PSD-090-10 be adopted and that the necessary by-law be approved. 3. THAT the by-law to amend the Comprehensive Zoning By-law 84-63 contained in Attachment 5 to Report PSD-090-10 be passed to implement Official Plan Amendment No. 70; and 4. THAT the interested parties listed in Report PSD-090-10 and any delegations be advised of Council's decision. Q Submitted by: u6 Reviewed by: F y Lan ma' FCSLA, MCIP c Ing Direct of Planning Services OJ/COS/sn June 28, 2010 Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-090-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Martin Road Holdings Limited 1.2 Official Plan: From "Urban Residential" to an appropriate designation to permit, a situ specific exception, the development of a restaurant with a drive-through facility on the northern portion 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 (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 Hectares (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. 2.2 At the Public Meeting on January 24, 2005 the General Purpose & Administration Committee received the staff report. A subsequent report responding to the issues raised by the public and from outside agencies was. requested. 2.3 A letter of objection was submitted prior to the Public Meeting and a citizen spoke in opposition of the rezoning at the Public Meeting. A number of objections from residents and businesses were submitted to Planning Staff after the Public Meeting. The proponent subsequently requested a postponement of the decision with regard to the application. 2.4 In mid-2006 Martin Road Holdings changed the scope of the initial application by increasing the lot size for the intended development by adding a restaurant with adrive- through facility (Tim Hortons) to their development proposal. This change resulted in the re-submission of the rezoning application on September 6, 2006. 2.5 Upon receipt of the September 2006 rezoning application, staff confirmed that the fuel bar and car wash use conformed to the Clarington Official Plan. However, the proposed Tim Hortons restaurant is considered afree-standing use and not accessory to the fuel bar and car wash and does not meet the intent of the Official Plan land use schedule and policy. NO.: PSD-090-10 PAGE 3 2.6 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 (now AECOM) under the auspices of the Engineering Services Department of the Municipality, was received on December 19, 2006. 2.7 A public meeting on the revised zoning application, in accordance with the Planning Act, was held on 19 February 2007. 2.8 Four (4) submissions were made at the public meeting and one written objection was received. A summary of the submissions/objections is contained in Section 4.0 of this report. 2.9 Following the public meeting, the site plan concept for the proposed development has undergone many modifications. Staff have had numerous follow-up meetings and correspondence with the applicant and key agencies, mainly with regard to vehicular access points, site configuration, the design and location of the Tim Hortons building and the related drive-through. A copy of the latest site plan concept is enclosed as Attachment 2. 2.10 In addition, consultation with GO Transit, who owns the adjacent lands that are set aside for the future GO station site has been ongoing. It has been difficult finalizing the site plan with the uncertainty of the GO station impacts on the site for the past year. Only one access point is permitted by the Region on to Regional Road 57 and it must be shared between this site and GO Transit. On March 30, 2010, staff received confirmation from GO that they concur with the proposed access as shown in Attachment 2. 3.0 SITE CHARACTERISTICS AND NEIGHBOURHOOD CHARACTER 3.1 Currently, a temporary sales office compound, consisting of three showrooms and a gravel parking area, is located on the subject property. Access to the sales offices is off Aspen Springs Drive. 3.2 The site is bounded by Regional Road 57 to the east, a Type A arterial road that among other things, serves as a main linkage between Highway 401 and the West Bowmanville Town Centre, and to the south by Aspen Springs Drive, the main residential collector road serving Westvale neighbourhood. REPORT NO.: PSD-090-10 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 1,520m~ in size. These dwellings are set back between 10 and 19m from the Regional Road allowance. South: Low density residential neighbourhood that consists 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 further west, vacant high density residential land. Photo 1: Northward view of application site backing onto Aspen Springs Drive REPORT NO.: PSD-090-10 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 .The following submissions were made at the public meeting on February 19, 2007: 4.2.1 Jason Gibson, a resident of the neighbourhood to the southwest is strongly opposed to the application due to the increase in high speed traffic and the potential for accidents involving pedestrians travelling to shopping areas and downtown. He stated that for safety reasons, a bridge over the existing railway should be built to promote safe walking to shopping areas: He believes that if this application is approved, it would promote hazardous fuel emissions, and that from a health perspective it promotes unhealthy eating and consumption of caffeine. He suggested the property would be more beneficial if made into green space. 4.2.2 Garnet Armitage, living diagonally across from the application site on Regional Road 57, spoke in opposition to the application and submitted a letter to that effect. He stated he has concerns about the increased exhaust from vehicles, the lack of air movement that the structures would create and the toxicity of carbon monoxide levels from increased traffic He stated that the development would result in increased traffic activity, traffic gridlock, and create the potential for accidents due to cars stopping on the side of the road so that driver's could access the facilities. He has concerns with the headlights from cars shining through his windows, the noise created by car doors opening and closing and the potential litter generated by patrons of the facilities. He concluded that he does not see any positives to building high volume facilities in a residential area. 4.2.3 John Oates, a resident to the east, stated that there are already a number of fuel bars and car washes in close proximity to this site and the need for this development is questionable. Although he does not like the proposal, he believes it would probably alleviate the traffic congestion at Baseline Road and Regional Road 57. 4.2.4 Jeffrey Godfrey, a resident to the southeast, across Regional Road 57 stated that he is concerned about the traffic impact of this development. He expressed the view that Regional Road 57 should be four lanes between the 401 and Highway 2 and that the proposed development would be premature if the Regional Road is not widened to make provision for the turning lanes to the site. 4.3 A written objection was received from Yusuf Moolla, a business owner in Bowmanville. He is of the opinion that there is no legitimate need for another gas station and coffee shop when there are two gas stations, two carwashes and a Tim Hortons less than 1 km south of the property. REPORT NO.: PSD-090-10 PAGE 6 He cited the concerns citizens have because of the noise generated by the restaurant and bar just one block away. He expressed concern over the negative impacts that this location will have on traffic in the area. 4.4 The objections/concerns received from the public, as outlined above, can be' summarized under following points: Health and safety threat (air quality, noise and pollution, and potential accidents and unsafe pedestrian travelling in and around. the area, food choice); Negative traffic Impact (Regional Road 57 is not sufficient for the proposed development; foresee traffic gridlock which creates the potential for accidents); No need for proposed uses in view of close proximity to other fuel bars, car washes and a Tim Hortons. 4.5 Staff's response to the submissions and objections is contained in section 10.0 (staff comments) of this report. 5.0 PROVINCIAL POLICY 5.1 Provincial Policv Statement -PPS 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 not be separated from the traffic impact and functioning of the road network in the area. The PPS stipulates that land use patterns within settlement areas shall be based on residential density and a mix of land uses which minimize negative impacts to air quality and climate change, and promote energy efficiency. This site is situated close to residential uses, the desirability of the proposed land uses in terms of this particular policy are addressed in Sections 10.2 and 10.3. 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. The Growth Plan also. requires increased residential and employment densities, and a mix of residential, office, institutional and commercial development wherever appropriate to be achieved through the planning of Major Transit Stations. Since the application site is situated immediately adjacent to a future train station, the development proposal has been assessed within the context of this particular policy. The Growth Plan calls for decisions regarding transportation planning to facilitate improved linkages between adjacent neighbourhoods and transit stations. Municipalities are to ensure that pedestrian and bicycle networks are integrated into transportation planning to provide safe, comfortable travel for pedestrians and cyclists. REPORT NO.: PSD-090-10 PAGE 7 The manner in which this development proposal relates to the surrounding land uses (residential area and future GO station) forms part of the analysis. Municipalities are also instructed to implement strategies in support of energy conservation through urban design standards that support energy efficient buildings, and to protect air quality and reduce waste. In this area, the site plan approval process provides an appropriate mechanism to implement these Growth Plan requirements. 5.3 Metrolinx Draft Reoional Transportation Plan. 2008 The Metrolinx Transportation Plan contains specific policy directions pertaining to the development of major transit station areas, such as optimizing transit oriented development, providing a range of amenities for travellers such as retail uses, personal services and convenience stores, and establishing apedestrian-focused internal movement plan that integrates public and private spaces. The adjacent Bowmanville GO station site is not currently identified as a mobility hub; however, it is expected to obtain such status in the long term. It is therefore important to consider this development proposal within the context of the adjacent Go station site. 6.0 OFFICIAL PLANS 6.1 Durham Regional 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, personal service and mixed uses along arterial roads and in conjunction with present and potential transit facilities. Although this development proposal does reflect typical compact form or a mixed use character, it partially satisfies the intent of Regional policy in that it would introduce retail and service uses to residents on an important regional arterial road adjacent to a transit station. Conformity with the Regional Official Plan is further outlined in the Region's comments in section 9.5 of this report. 6.2 Clarington 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. 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 REPORT NO.: PSD-090-10 PAGE 8 policies pertain to technical aspects such as vehicular access points, parking, fencing, landscaping and architectural treatment and can be addressed through site plan approval. 6.2.3 The proposed Tim Hortons restaurant does not conform to the Official Plan, an application to amend the Official Plan is part of this proposal. 6.2.4 The Official Plan has design guidelines to be considered for the location of a drive- through facility, the review of stacking lanes, and the location and design of fuel bars. These design guidelines will be introduced through the site plan process. 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 adrive-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 Planning Rationale Resort 8.2.1 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 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 in future at 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 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. REPORT NO.: PSD-090-10 PAGE 9 The proposed development is likely to have little impact on adjacent uses and will be compatible with the GO station (i.e. needs no buffering). With the residential uses to the south and west there is natural separation provided by the 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 impacts and- that the developer intends to maximize the quality of urban design. 8.3 The Traffic Impact Studv 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 aright-in only access, the other would provide aright-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 should also be constructed on Regional Road 57 at Aspen Springs Drive; signalization of the Aspen Springs Drive/Regional Road 57 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 lane at the site access driveway and a southbound right turn lane at Aspen Springs Drive; and • The site plan appears to be satisfactory with respect todrive-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. REPORT NO.: PSD-090-10 9.0 AGENCY COMMENTS PAGE 10 9.1 The Clarington Engineering Services Department has no objection to the proposed Official Plan amendment or zoning amendment provided that the recommendations of the Traffic Impact Study are implemented by the applicant. With regard to the latest site plan concept that was submitted by the applicant in May 2010, Engineering Services also stated that they were generally satisfied with the design. 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 such as the provision of on-site permanent water quality treatment and site grading and drainage plans. 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 Regional .Planning and Works Departments offered the following comments: The lands subject to this application are designated "Living Area" in the Durham Regional Official Plan. Subject to the inclusion of the appropriate provisions and designations in the area municipal official plan, limited commercial uses including restaurants may be permitted in "Living Areas". Fuel bar and car wash facilities are considered essential components to the community and may be permitted in "Living Areas" at the discretion of area municipalities. The application has been screened in accordance with the terms of the provincial plan review responsibilities. There are no matters of Provincial interest applicable to this application. Martin Road (57) is designated as Type "A" Arterial Road in the Durham Regional Official Plan. Type "A" Arterial Roads are typically comprised of a 36 to 50 metre right-of-way. A minimum road width of 18.0 metres from the centreline of Martin Road (57) will be required. A Traffic Impact Study, prepared by TSH (now AECOM), recommends that a traffic signal is required at the intersection of Martin Road {57) and Aspen Springs Drive. The study also recommends that a south bound right turn lane and a north bound left turn lane are required at the intersection. The Regional Works Department has reviewed the study and agree that the traffic signal and intersection improvements are warranted. A cost sharing agreement between Clarington and Region will be required to fund the installation of the signal. REPORT NO.: PSD-090-10 PAGE 11 Municipal water supply is available to the subject property from an existing 300 mm water main on Aspen Springs Drive. Sanitary sewer services are available by extending a sanitary sewer on Aspen Springs Drive from Bonnycastle Drive easterly to the subject property. All of the Region's requirements, financial and otherwise, will be addressed through the site plan application/site servicing approval process. The Official Plan Amendment is exempt from Regional approval. With regard to the latest site plan concept submitted in September 2009, the Regional Works Department (Transportation Infrastructure) provided further detailed comments as follows: - Having the Tim Nortons at the south end of fhe site and the gas station to the north will reduce the peak period traffic demand at the 57 entrance, and increase demand at the Aspen Springs entrance. nth appropriate driveway design, this site configuration should minimize the potential for site traffic impacts on the operation of the GO station entrance. - Prior to site plan approval, (the Region) will require submission of updated volume projections for the site entrances and the 57/Aspen Springs intersection so that (the Region) can verify the appropriate storage lengths for auxiliary lanes. - Agreement from GO Transit for the shared access on 57 will be required prior to site plan approval. - Access to the site from the shared 57 entrance should be as far west as possible. - (The Region) would recommend that two outbound lanes (for left and right turns) be provided at the Aspen Springs entrance. Queue storage space for the Tim Horfons drive-thru should be maximized. There should be space for at least 78 vehicles before spill- back into the parking aisle. - In summary, the site concept is acceptable, subject to a number of comments and design refinements to be addressed prior to site plan approval. 9.6 GO Transit comments: Discussions have taken place with GO Transit regarding the proposed Tim Hortons anc fuel bar development proposal for more than two years. On March 30, 2010. GO transit has agreed to a shared entrance off 57 and also agrees to the Region's requirement that this entrance would be right in/right out only. REPORT NO.: PSD-090-10 10.0 STAFF COMMENTS PAGE 12 10.1 It is clear from. the preceding paragraphs and the public input received that there are a number of issues; many can be addressed by appropriate traffic management and through the implementation of the site plan. The following sections detail how staff believe the issues identified have or can be addressed. 10.2 Residential Character of the Area The houses across Aspen Springs Drive are well set back with rear yards bordered by a noise fence, the houses face Glen Ray. Aspen Springs Drive and 57 have right of way widths in excess of 25m which isolates the application site from the residential uses, further reducing the impact the proposed uses. may have on the nearby residential properties. All the buildings proposed on the site are proposed to be single storey and limited in floor area and massing. The visual impact on the residential character is anticipated to be minimal. The developer will be required to follow urban design guidelines that will ensure the buildings are compatible with and complementary to the built form in the area. Urban design elements can be imposed through the zoning by-law regulations and through conditions of site plan approval. Through the imposition of certain measures e.g. noise attenuation, illumination standards, landscape screening and urban design guidelines, the visual and functional impact of the intended activities on the residential neighbourhood can be mitigated. 10.3 Character, Scale and Impact of the Intended Uses 10.3.1 The initial site plan concept has been revised by moving the proposed Tim Hortons restaurant and drive-through component to the southern portion of the site and the fuel bar component to the north. This change in location from the initial proposal is more favourable as it: • allows for a better opportunity to introduce a building which, by nature of its use, design and fagade, could better accentuate the street corner and create a stronger pedestrian relation to the sidewalk; • moves the fuel bar use that is less compatible with residential uses in terms of traffic noise, hours of operation and air and light pollution, further away from the residential neighbourhood; • reduces the peak period traffic demand at the proposed shared entrance on 57 by distancing the drive-through stacking lane from the proposed entrance point on 57. 10.3.2 The proposed Tim Hortons component is to consist of a single storey building of 223m2 (2400 ft.2) with adrive-through stacking lane that accommodates 20 cars, and customer parking for 45 cars. REPORT NO.: PSD-090-10 PAGE 13 Compatibility conflicts with restaurants normally stem from activities such as entertainment or unruly behaviour by customers disturbing the peace late in the evening. However, these issues are normally not associated with Tim Hortons restaurants. Engineering Services and the Region of Durham suggests queue space for at least 18 cars. The revised site plan of May, 2010 shows queuing space for 20 cars. The rear portion of the stacking lane shown on the revised site plan concept can be separated from the manoeuvring space for the parking spaces through the site plan process. The latest site plan concept integrated some of the design guidelines in the Official Plan as discussed in Section 6.2.4 of this report, while most of the design guidelines such as the screening by landscaping and the provision of a pedestrian walkway between the sidewalk and building, can be implemented through the site plan process. Circumstances have changed since the completion of the traffic impact study in 2006, in that: Metrolinx has announced that GO rail services is to come to Bowmanville before or by 2013 and the traffic impact study far the future GO station is currently underway; a .new primary school (Holy Family) has opened at -the west end of Aspen Springs Drive; In terms of the applicant's latest revised site plan concept: • The location of the proposed Tim Hortons and drive-through facility and the gas station is switched around; and • The Region will only accept and right-in/right out off 57 for both the Go Station site and the Tim Hortons & fuel bar commercial development. It is not expected that the above changes would produce substantially different recommendations to those already contained in the initial traffic impact study, rather they will reinforce them. The traffic impact study for the GO station is being prepared recognizing the traffic impact study recommendations for the Tim Hortons/fuel bar development proposal. 10.3.3 The proposed fuel bar and car wash component comprises a fuel bar, a convenience store of 232m2 and an automated car wash facility of 174m2 with a stacking lane for 10 vehicles. Both the fuel bar and the drive-through carwash uses are complementary to the proposed adjacent future GO station, provided they are designed to ensure vehicular movement between the two sites is seamless. The drive-through carwash is an ancillary use to the fuel bar, by locating it along the western boundary its potential impact on the residential uses in the vicinity are minimized. REPORT NO.: PSD-090-10 PAGE 14 Most of the concerns pertain to the matters that can be addressed through site plan approval, such as site illumination, full enclosure of the garbage area, signage, landscaping and architectural treatment. ' The most recent site plan concept (May 2010) proposes a small convenience store permitted as an accessory use to a fuel bar. The proposed convenience store is much bigger than the conventional stores found at fuel bars. In addition, it is within close proximity (200m) to the neighbourhood commercial plaza on the corner of Hartwell Drive and 57. The commercial plaza is part of the "Neighbourhood Centre" as designated in the Official Plan. The commercial plaza already contains a convenience store that serves the adjacent neighbourhood and passing traffic on 57. In addition, the Bowmanville West Town Centre also permits convenience commercial uses up to 500m? on the proposed GO station site. While the proponent would like a store of 232m2. Staff have previously informed the proponent that a store of only 100m2 will be allowed due to the proximity to these other commercial developments. The recommended zoning by-law limits the convenience store to a maximum floor space of 100m2. 10.4 Relationship to the Future GO Station Site 10.4.1 The functionality of the site needs to be assessed in terms of how the development proposal relates to the adjacent future GO station site. The station site will essentially form the anchorffocal point for development and possible future redevelopment within this particular part of Bowmanville. 10.4.2 In terms of pedestrian connectivity, the Bowmahville West Town Centre Secondary Plan shows a proposed pedestrian route from Aspen Springs Drive across the GO station parking lot towards the town centre to the north of the tracks. The creation of a Tim Hortons adjacent to the GO parking lot will most definitely introduce additional pedestrian traffic onto both sites and customer's to Tim Hortons will naturally take the shortest route across both the commercial and GO station site to get a cup of coffee, unless clear, demarcated pedestrian walkways are provided on both sites to direct safe passage between the two sites. This aspect can be further explored through the site plan process. 10.4.3 The Region of Durham have indicated that they would concede to a temporary access (right/right out only) as far north on the proposed commercial site as possible, in the interim until the development of the adjacent GO site commences, where after the entrance needs to be removed to become a shared access. 10.5 Intersection Improvements Aspen Springs/Regional Road 57 10.5.1 The Traffic Study indicates that signalization is required at the Aspen Springs Drive/57 intersection. Traffic signals will have to be installed prior to or concurrent with the REPORT NO.: PSD-090-10 PAGE 15 opening of the project. The traffic study also indicated that the following road improvements may be necessary: a southbound right turn taper lane at the site access driveway and a southbound right turn lane at Aspen Springs Drive. Financial securities for signalization and road improvements will be a requirement prior to finalizing the site plan agreement and issuance of a building permit. 10.5.2 Further improvements to the Regional Road and the Aspen Springs intersection may be necessary to accommodate the GO station development. There may be an opportunity to cost share the signalization at the intersection with GO Transit. However, it may take four to five years before the GO station is developed. This is a matter that may warrant further exploration through discussion with the Region and GO Transit. 10.6 Architectural Treatment and Urban Desion The urban design guidelines and considerations in the Official Plan set the basic design parameters for development of the site. There are a number of urban design issues which the applicant will need to address, such as the internalization of the garbage enclosure areas, maximizing the street frontage of the restaurant building by bringing it closer to the street and corner where practical. The applicant has provided information on the proposed building design and massing for the restaurant. The drawings presented are typical for these types of franchises, there is nothing that specifically reflects the character of the community. Building design and massing should contain elements such as horizontal and vertical articulation, coordinated materials, articulated roofing and prominent entrance features similar to the existing commercial plaza• and the proposed office commercial building at Hartwell Drive and Regional Road 57 (Report PSD-082-10). 10.7 Public Comments. Concerns and/or Objections 10.7.1 Health and safety concerns: As was noted in section 10.4 of this report, the site lies adjacent to the future GO Station site and forms part of a bigger land parcel that is essentially a transition zone between the low density residential neighbourhood to the south and the Bowmanville West Town Centre to the north. The subject residential properties are already impacted by the traffic and noise on 57 and Aspen Springs Drive. This is a prime location (on the edge of a future transit station and the Bowmanville West Town Centre), the use and intensity of activities within this area will change and evolve at the transit hub is developed. Through the imposition of mitigating measures e.g. noise attenuation, illumination standards, and landscape screening/buffers, the impact of the intended activities on the residents quality of life can be reduced. The health and safety fears expressed by members of the public are related to air quality, noise, pollution (from car exhaust), accidents (vehiculaNpedestrian), pedestrian access and food choice. Staff have to the best of their ability using the tools provided within the Planning Act addressed. the firsffive of these concerns as detailed in this report. The issue of food choice is beyond the land use designation and is a personal choice. REPORT NO.: PSD-090-10 PAGE 16 10.7.2 Negative traffrc Impact: The recommendations of the traffic impact study as outlined in Section 8.3.3 of this report will be implemented. The shared access with GO Transit and the internal traffic circulation can be satisfactorily addressed through the site plan approval process. The Engineering Services Department have worked diligently with the applicant to alleviate the anticipated fears regarding traffic gridlock and accidents at the intersection. 10.7.3 No need for proposed uses: The applicant has informed staff that based on Bowmanville's population, the market could support three or more Tim Hortons restaurants. Bowmanville has two Tim Hortons developments -one with adrive-through facility on Baseline Road and the other in Wal-Mart (take-out only). It is expected that the proposed Tim Hortons will alleviate the traffic pressure at the Baseline location. The lands on the corner of Aspen Springs and 57 form part of the area surrounding the future GO train station site, which presents its own needs and opportunities. A significant portion of traffic, not only from the residential area nearby, but also from the north will flow towards the GO station site. Many of these commuters will find a fuel bar and car wash immediately adjacent to the GO parking lot very convenient and desirable. The uses will be limited to those proposed in this applicaticn. Personal choice of eating establishments and types of food to be consumed cannot be addressed by land use tools. 11.0 CONCLUSION 11.1 .Staff supports the establishment of a Tim Hortons restaurant with adrive-through, and a fuel bar with adrive-through carwash on the corner of Aspen Springs Drive and Regional Road 57. 11.2 The proposed zoning by-law contains a holding (H) provision to ensure that the urban design, traffic engineering requirements of the Municipality and other requirements as identified in this report are addressed to the satisfaction of the Directors of Planning Services and Engineering Services. 11.3 Staff recommends that the Official Plan Amendment be approved and the amendment to the zoning by-law adopted. Staff Contact: Dean Jacobs Attachments: Attachment 1 -Key Map Attachment 2 -Site Plan Concept Attachment 3 -Official Plan By-law Attachment 4 -Official Plan Amendment No.70 Attachment 5 -Zoning By-law Amendment NO.: PSD-090-10 PAGE 17 List of interested parties to be advised of Council's decision: Kelvin Whalen, Martin Road Holdings Ltd. Leo Palozzi, The TDL Group Corp. Adam Snow, GO Transit Greg Ashbee, GO Transit John Oates John Linney Sherry Carlton & Robert Whittall Donna Labanovich Y Moola, Luqmoh Investments inc. Garnet Armitage Jeffrey Guthrie Lawrence Hellinga Ann Blodgett Jason Gibson Adrian Tinline, Algoma Orchards Ltd. Kevin Shearon, Cushman & Wakefield Alan D. 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D A ~ ~ `~ _< III"~` Attachment 3 To Report PSD-090-10 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a By-law to adopt Amendment No.70 to the Clarington Official Plan WHEREAS Section 17 (22) of the Planning Act R.S.O. 1990, as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto; AND WHEREAS the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan by including an exception to Section 23.14 to permit a free standing restaurant use with adrive-through facility at 10 Aspen Springs Drive and identified by tax assessment roll no. 181701002016104, in addition to other permitted Urban Residential uses in the Urban Residential designation; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No.70 to the Clarington Official Plan, being Attachment 4 to Report PSD-090-10 be adopted. 2. That this By-law shall come into force and take effect on the date of the passing hereof. BY-LAW read a first time this day of 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third and final time this day of 2010 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk Attachment 4 To Report PSD-090-10 AMENDMENT NO. 70 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this amendment is to permit a free standing restaurant use with adrive-through facility in addition to other permitted Urban Residential uses in the Urban Residential designation BASIS: The application is based on an Official Plan Amendment application (COPA 2006-0004) submitted by Martin Road Holdings Ltd. ACTUAL The Municipality of Clarington Official Plan is hereby AMENDMENT: amended as follows: " 1. By including an exception to Section 23.14 to create Section 23.14.13 as follows: "23.14.13 Notwithstanding Section 9.3.4, in addition to permitted Urban Residential uses, the lands located at 10 Aspen Springs Drive and identified by tax assessment roll no. 181701002016104, located on the north- western corner of Aspen Springs Drive and Regional Road 57, Bowmanville may be used as a restaurant with adrive-through facility. A shared entrance off Regional Road 57 will be provided to the lands located at 10 Aspen Springs Drive and identified by tax assessment roll no. 181701002016104 and the adjacent Go station lands identified by tax assessment roll no. 181701002016102, and shall be restricted to a single right-in/right-out access. A shared internal driveway with a minimum width of 11 metres, which extends westward from the shared entrance on Regional Road 57 for at least 72 metres and which straddles the common boundary between the lands located at 10 Aspen Springs Drive and identified by tax assessment roll no. 181701002016104 and the adjacent Go station lands identified by tax assessment roll no. 181701002016102, shall be provided and maintained by the respective land owners, subject to appropriate agreements and conveyances. The restaurant building shall be designed for visual prominence, incorporating architectural design features, height and massing that complements the corner site and containing elements such as horizontal and vertical articulation, coordinated materials, an articulated roof line and prominent entrance features." IMPLEMENTATION The provisions set forth in the Clarington Official Plan as amended, regarding the implementation of the Plan shall apply in regard to this amendment. INTERPRETATION The provisions set forth in the Clarington Official Plan as amended, regarding the interpretation of the Plan shall apply in regard to this amendment. Attachment 5 To Report PSD-090-10 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010-... being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 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 former Municipality of Clarington for ZBA 20D6-0023; AND WHEREAS said by-law is passed pursuant to Section 24(2) of the Planning Act, whereby it would not come into effect until such time as Official Plan Amendment No. 70 is approved by the Council of the Corporation of the Municipality of Clarington and that decision is final; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 21.4 "SPECIAL EXCEPTIONS -SERVICE STATION COMMERCIAL (C6) ZONE' is hereby amended by introducing a new Sub-Section 21.4.12 as follows: "21.4.72 SERVICE STATION COMMERCIAL EXCEPTION (C6-72) ZONE Notwithstanding Sections 3.1 i., 3.13 c., 3.16 i. i), 21.1, 21.2, and 21.3, those lands zoned C6-12 on the Schedules to this By-law shall be used subject to the following definitions and permitted uses: a. Definitions Drive-Through Facility: shall mean the use of land, buildings or structures, or part thereof, to provide or dispense products or services, either wholly or in part, through a window or an automatic machine, to customers remaining in motor vehicles, which are located in a stacking lane. Adrive-through facility may be established in combination with other permitted non-residential uses. Motor Vehicle Fuel Bar: shall mean an establishment for dispensing fuel to motor vehicles that consists of fuel pumps, and a convenience store which may include the sale of motor vehicle accessories and fluids. Motor Vehicle Wash: shall mean an establishment where mechanical equipment is used for the washing of motor vehicles. A motor vehicle wash shall have water and sanitary sewer and sanitary sewer services provided by a public authority. Stacking Lane: shall mean a queuing lane for motor vehicles which is located on the same lot as the drive-through facility and which is separated from other motor vehicle traffic on the same lot by barriers or curbs. b. Residential Uses Prohibited c. Non-Residential Uses i) eating establishment; iii) eating establishment with adrive-through facility; ii) motor vehicle fuel bar; iii) motor vehicle wash with adrive-through facility. d. Regulations for Non-Residential Uses Lot Area (minimum) for an eating establishment with adrive-through facility 3000 m' ii) Floor area (maximum) (a) convenience store (b) eating establishment (c) motor vehicle wash 100 mZ 225 m~ 175 m' iii) Lot Coverage of All Buildings (maximum) 8% iv) Landscaped Open Space (minimum) 23'% (a) part of the landscaped open space shall comprise of a minimum 3.0 metre wide landscape strip along the front lot line and the exterior side lot line, except for areas required for vehicular or pedestrian access. v) Building Height (minimum) 5 metres vi) Yard Requirements (a) Front yard (i) eating establishment and eating establishment with adrive-through facility (maximum) 23 metres (ii) convenience store (minimum) 75 metres (ii) motor vehicle wash (minimum) 85 metres (iv) for fuel pump islands and other buildings or structures associated with a service station (minimum) 100 metres (b) Exterior side yard (i) eating establishment and eating establishment with adrive-through facility (maximum) 4.5 metres (minimum) 3 meters (ii) convenience store (maximum) 23 metres (minimum) 3 meters (iii). for fuel pump islands and other buildings or structures associated with service station (minimum) 18 metres (iv) motor vehicle wash (minimum) 60 meters (v) the area associated with the outside display of any automotive accessories, antifreeze and additives shall be confined to the area covered by the fuel pump canopy and the area immediately north of the convenience store (c) Interior side yard (minimum) 3 metres (d) Rear yard (minimum) 20 metres vii) Garbage facilities shall be fully enclosed within a roofed structure and outdoor storage is prohibited. viii) One loading space of 3 m x 7.5 m shall be provided for the convenience store. ix) Regulations for Drive-Through Facilities Where adrive-through facility is permitted, the following requirements shall apply: (a) A stacking lane shall have a minimum length of '114 metres for a drive-through facility associated with an eating establishment, and a minimum length of 72 m for a motor vehicle wash with adrive- through facility; (b) A stacking lane shall have a minimum width of 3 metres and any entrance to the stacking lane shall be located a minimum of 18 metres from the limit of a public street. (c) No part of a stacking lane shall be so located that at any time any motor vehicle which uses it may block, impede or interfere with the use of any parking space required to be provided on the lot on which the drive-through facility is located. (d) No portion of the stacking lane shall be located between a building and a street line. (e) A 1.5 metres wide direct pedestrian walkway to the entrance of the eating establishment which does not intersect with or cross the stacking lane shall be provided and maintained on the lot from the Regional Road 57 street frontage. x) Bulk Fuel Storage Tank Location Bulk fuel storage tanks shall be installed in accordance with the provisions of the Provincial Gasoline Handling Act. Bulk fuel storage tanks shall be located below grade in an area that does not impede or interfere with the use of any designated parking spaces associated with the use of the service station. e. Holding Zone In addition to Section 3.11, where the zone symbol shown on a Schedule to this By-law is preceded by the letter (H), the use of the lands shall be limited to an existing home sales office compound. The (H) Holding symbol shall be removed upon the execution of a Section 41(7) Site Plan Agreement securing conditions of approval in respect of the following matters: That the on-site traffic routes, access points, .parking and maneuvering space be configured to the satisfaction of the Director of Engineering Services and the Director of Planning Services; ii) That the buildings be designed for visual prominence, incorporating architectural design features, height and massing that complement the corner site and that contain elements such as horizontal and vertical articulation, coordinated materials, articulated roofing and prominent entrance features iii) That the owner agrees to enter into an agreement with the adjacent land owner to share a single right-in right-out only access on Regional Road 57 and that the required cross access easements will be secured at such time as the owner of the adjacent property develop their lands in such a manner as to require a shared entrance on Regional Road 57; iv) That the owner agrees to enter into an agreement with the adjacent land owner to share an internal driveway which straddles the common boundary between the commercial site and the GO Station site, and that the required cross access easements be secured at such time as the owner of the adjacent property develop their lands in such a manner as to require a shared internal driveway from Regional Road 57; v) That the owner agrees that, at such time as the owner of the adjacent property develop their lands in such a manner as to require a shared entrance off Regional Road 57 and a shared internal driveway on the common property boundary, the temporary entrance will be relocated in accordance with all requirements and specifications of the Durham Region Public Works Department and the Municipality of Clarington. vi) That the owner provides the necessary financial guarantees to the satisfaction of the Regional Works Department and the Director of Engineering Services of the Municipality of Clarington for the signalization of the Aspen Springs Drive/Regional Road 57 intersection and for the improvements to the intersection in accordance with the recommendations of the traffic impact study dated December 2006, prepared by TSH." 2. The map contained in Schedule "3" of By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding -Urban Residential Type One ((H)R1) Zone" to "Holding -Service Station Commercial Exception (C6-12) Zone"; as shown on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By-Law. 4. This By-Law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 24, 34 and 36 of the Planning Act, R.S.O. 1990. By-Law read a first time this day of 2010 By-Law read a second time this day of 2D10 By-Law read a third time and finally passed this day of 2010 Jim Abernethy, Mayor Patti L. Barrie, Clerk ~ BOWMANVILLE ~ I This is Schedule "A" to By-law 2010- , passed this day of , 2010 A.D.