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Home My WebLink AboutPD-30-93 7°hf CO ®~A°TlO O~ `TFt T'OtN F h1CS°fl~ DN: MCDONALDS.GPA PUBLIC MEETING ry Meeting: General Purpose and Administration Committee File t, ` t Date: Monday, February 15, 1993 Dy..La~nr # f~eport p^-~ File ~k: 9P-F_ ~'?--N/ 12 ; DEV 92-51 Subject: OFFICIAL PLAN AMENDMENT APPLICATION - FILE: 92-N/12 REZONING APPLICATION - FILE: DEV 92-51 PART LOT 15, CONCESSION 1, FORMER TWP. OF DARLINGTON APPLICANT: MCDONALD'S RESTAURANTS OF CANADA LTD. ~~~orv~rr~~r~atior~®, It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-30-93 be received; 2. THAT Official Plan Amendment Application OPA 92-N/12 and Rezoning Application DEV 92-51 be referred back to Staff for further processing and the preparation of a subsequent report; 3. THAT the Durham Region Planning Department, and all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1 1 Applicant: McDonald's Restaura~~l.~ of 'Canada`° Ltd. 1.2 Owner: 894756 Ontario Ltd (Ghods Builders) 1.3 Rezoning: From - 'A' (Agriculture) To - appropriate zoning to permit development of a 273.16 sq. m. (2,940 sq. ft.) freestanding restaurant with a drive-through facility 1.4 OPA: From - 'Residential' (Ministry Approved Town of Newcastle Official Plan); 'Special Study Area' (Amendment 40 to Town Official Plan) To - a designation that would appropriate permit the proposed development 1.5 Area: 0.26 ha (0.65 acre) [cYC~EFlk ! P ~PEFl ~,Ew~~E c iH iS IS PNtflE~ tECYCEE~PAFlEFl REPORT NO.: PD-30-93 PAGE 2 2. LOCATION 2.1 Legal Description: Part Lot 15, Concession 1, former Township of Darlington 2.2 Relative Location: Southwest corner of Regional Road 57 and Highway 2 (Attachment No. 1) 3. EXISTING AND SURROUNDING U5E5 3.1 Existing Uses: Residential dwelling 3.2 .Surrounding Uses: East - Regional Road 57; vacant land West - Vacant land; Church South - C.P. Rail line; vacant land North - Highway 2; Bowmanville Recreation Complex 4. BACKGROUND 4.1 On October 3, 1992, McDonald's Restaurants of Canada submitted applications to amend the Town of Newcastle Official Plan and the Comprehensive Zoning By-law (By-law 84-63). An application for site plan approval was also submitted. McDonald.'s proposes to build a 273.16 sq. m. (2,940 sq. ft.) one storey freestanding restaurant with a drive-through on the subject site. The site plan submitted by McDonald's is indicated on Attachment No. 1. Attachment No. 2 illustrates the elevation of the proposed restaurant. 4.2 The 0.26 ha (0.65 acre) site on which McDonald's proposes to develop is part of a larger site owned by 894756 Ontario Ltd. (Ghods Builders). This larger site is subject of Official Plan Amendment Application OPA 89-90/D/N and Rezoning Application DEV 89-102 which propose to develop the lands for mixed use residential and commercial purposes. The larger site is also subject to Rezoning Application DEV 92-026 which 5eek5 Lc~ e5~.ciLiiSii d l.citt~utaty ~aiCa Nczviiivii vii l.l~c ~vuLli - ~ ' ~ `~t J '~l L REPORT NO.: PD-30-93 PAGE 3, portion of the site. However, the application by McDonald's is being considered separately from these applications. 5. OFFICIAL PLAN POLICIES 5.1 Durham Regional Official Plan 5.1.1 The subject site is designated 'Residential' by the 1976 Regional Official Plan. Amendment No. 255 to the Plan, approved by Regional Council on February 6, 1991, redesignated the lands as 'Main Central Area' . (This Amendment has not received Ministerial approval, and has been referred to the Ontario Municipal Board.) The Plan intends Main Central Areas to be planned and to develop as the focus of community activity, providing a full integrated array of shopping, personal and business service, office, institutional, community, recreational and residential uses. Main Central Areas are to utilize innovative urban design, shall encourage .pedestrian traffic, and shall ensure the provision of a system of adequate walkways. 5.1.2 The=1991 Regional Official- Plan-designates---the--subject__lands as 'Living Area', with the Bowmanville Main Central Area conceptually indicated on lands to the east. The Plan requires area municipal official plans to determine the boundaries as well as the land use designations within Central Areas. The policies in the 1991 Plan relating to the character and function of Main Central Areas are similar in intent to those in the 1976 Plan. 5.1.3 The proposed development does not conform with the provisions of the 1976 Regional Official Plan until such time as Amendment No. 255 is approved. The proposed development would however, conform with the 1991 Regional Plan provided that the .Town's Official Plan designates the subject site as part of the Main Central Area. The Regional Planning Department has auvi5e~ ~.~ld~. dtl ur~tt~:a~..ivai ~.v «uioiaa tli€ :`-~ ~J 3 REPORT NO.: PD-30-93 PAGE 4 Regional Official Plan is required or alternatively be considered subsequent to Ministerial or O.M.B. approval of either Amendment No. 255 or the 1991 Official Plan. As .of writing of this report, an application to amend the Regional Official Plan has not been submitted. 5.2 Town of Newcastle Official Plan 5.2.1 The Town's Official Plan designates the subject site as 'Residential'. Amendment No. 40 to the Plan, also approved by Regional Council on February 6, 1991, included the site within .the boundaries of the Bowmanville Main Central Area and designated it as 'Special Study Area'. (Amendment 40 has been referred to the Ontario Municipal Board in conjunction with the referral of Amendment No. 255.) Amendment No. 40 indicates that areas. designated as 'Special Study Area' shall require further study after which appropriate designations are to be adopted by amendment to the Plan. 5.2.2 Amendment No. 40 also indicated that development of the Main - Central-Area shall be based on the following: - - the principle of appropriately sized blocks separated wherever possible by a grid system of public rights-of- way for vehicular, pedestrian and/or transit movements; all blocks generally developed for a range of central area uses in buildings greater than one storey; an Urban Design Plan approved by Council prior to rezoning, which shall address the integration of structures and uses within the Main Central Area, transit routes and stations, and parking in the rear of buildings wherever possible. 5.2.3 In response to Amendment No. 40, the Town initiated the Bowmanville Main Central Area Study. A consulting team headed by the firm of Berridge Lewinberg Greenberg has been retained zo u~aeriake l.iie al.uciy • I'1~LCC alt-~~~~~Li~~e3~vcl~pmc .t scenarios have been suggested for the West Main Central Area. `~U REPORT NO.: PD-30-93 PAGE 5. Each scenario would permit the development of ancillary retail uses on the lands at the southwest corner of Regional Road 57 and Highway 2. A separate report dealing with the central area study will be presented to Committee and Council at a later date. 5.2.4 At this time, Staff intend to deal with this application as a site specific application. However, it should be noted that this application could be delayed due to the various related Official Plan Amendments which are. awaiting disposition by the Ministry and the O.M.B. 6. ZONING BY-LAW PROVISIONS 6.1 The subject site is zoned 'A (Agriculture)' by By-law 84-63, the Comprehensive Zoning By-law. Single family residential uses and agriculturally-related activities are permitted on lands in this zone. 6.2 In order to permit the proposed development, the subject site would need to be rezoned to an appropriate commercial zoning to permit the development of a free-standing restaurant with a drive-through. 7 PUBUIC MEETING AND SUBMISSIONS 7.1 Pursuant to Council's Resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within the prescribed distance. 7.2 A letter from Mrs. Helen MacDonald to McDonald's and copied to the Town, requests the company to consider alternative architectural styles for its proposed new restaurant in Bowmanville. Mrs. MacDonald notes that the Town of Whitby has made a sir rP,q»P,~t tc~ Mr..nonald's for a proposed new restaurant in that community. ~ 'J REPORT NO.: PD-30-93 PAGE 6 8. AGENCY COMMENTS 8.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following departments/agencies in providing comments, offered no objection to the application as filed: the Town of Newcastle Fire Department. 8.2 The Community Services Department offered no objection to the application subject to a two percent cash-in-lieu of parkland dedication. 8.3 The Region of Durham Health Department indicated no objection provided the proposed development is serviced by municipal water and municipal sewers. 8.4 The Ministry of Transportation provided the following comments: The Highway 2-Eastbound to Regional Road 57-Southbound channelization lane should be removed and replaced with -a right turn lane. The.....cost of- these---Changes___w> > > rP the developer's responsibility; The proposed entrance to the development from Highway 2 should be relocated to the west end of the property to facilitate the above-noted change. This entrance will be a right-in/right-out entrance only. The centre median on Highway 2 will have to be extended to prohibit left turn movement into the site from Highway 2. The extension of the centre median will be at the developers expense. The Ministry indicated that further comments may be forwarded. 8.5 Comments from the Durham Region Planning Department are consistent with staff comments contained in paragraphs 5.1.3 and 5.2of this Report. However, the Region staff stated that it w~ula apN~a~ ~.~tion 3f the prapeae3 um~:re :t ~- premature pending approvalnnof Amendment No. 255 to the Durham ~U REPORT NO.: PD-30-93 PAGE 7 Plan or approval of the 1991 Durham Regional Official Plan. Although staff intend to deal with this application separately from other amendments, the applicant should contact the Region to deal with this matter. 8.6 Comments remain outstanding from the following agencies: Town of Newcastle Public Works Department; Central Lake Ontario Conservation Authority; Durham Region Works Department; Ministry of Natural Resources; Ontario Hydro; C.P. Rail. 9. STAFF COMMENTS 9.1 A number of issues need to be addressed in the review of the application by McDonald's to establish a one storey freestanding restaurant on the southwest corner of Regional Road 57 and Highway 2. These issues are summarized below. 9.2 The southwest corner of Regional Road 57 and Highway 2 will be a p-r-om--n- ent inter-s-ecti-can ~ n R_o_wman_v~11p ~ n ~u_~ur_e y_ear_s - Tn this regard, issues such as building height and mass, architectural treatment, landscaping, building location on site etc. will need to be examined in detail if and when the principle of development on this site is approved. Staff will address these details at a later date. 9.3 The lands in the West Main Central Area are, over time, expected to intensify and diversify as the area develops as an important focus for residents of Bowmanville and the entire Town of Newcastle. It is important that the proposed McDonald's restaurant integrate well with other land uses in the Main Central Area and contribute to the area's future function as a community focus. In this regard, the applicant should demonstrate to the Town's satisfaction lave Nlarrn-ing principles--ec: tai~:c-~in~ee~~.T^ _ ~e° paragraph 5.2.2) can be adhered to. _ ~~J~ REPORT NO.: PD-30-93 PAGE 8 10. CONCLUSION 10.1 The purpose of this report is to facilitate the Public Meeting as required by the Planning Act, to provide Committee and Council with some background information on the application and for Staff to indicate issues or areas of concern regarding the subject application. The application should be referred back to Staff for further review and processing pending subsequent outstanding comments. Respectfully submitted, Recommended for presentation to the Committee k .1 ~ ~ r 1 i Franklin Wu, M.C.I.P. Lawrence E. Kot~`ff Director of Planning Chief Administ ~ajtiwe and Development Officer \_1 JAS*DC*FW*df *Attach 8 February 1993 Interested parties to be notified of Council and Committee's decision: Mr. John Kazmierowski McDonald's Restaurants of Canada Ltd. McDonald's Place Toronto, Ontario M3C 3L4 Ms. M. Laurie Wheeler Fasken Campbell Godfrey Barristers and Solicitors Toronto Dominion Bank Tower P.O. Box 20 Toronto-Dominion Centre Toronto, Ontario M5K 1N6 Mrs. Helen MacDonald R.R. # 1 4785 The 6th Line Newtonville, Ontario T ~l T 1.T l~ _ J Attachment No. 1. Highway No. 2 N I ~ ~ v I I _ ~ ft19M11 of WaY~ . 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