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HomeMy WebLinkAboutPSD-016-13 C r, 0 ladiwa REPORT PLANNING SERVICES DEPARTMENT PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE o�013 -630 Date: March 18, 2013 Resolution#: -177-1 By-law#: / Report#: PSD-016-13 File#: COPA 2013-0001 & ZBA 2013-0001 Subject: TO PERMIT A DRIVE-THROUGH FACILITY ACCESSORY TO A BANK APPLICANT: VALIANT RENTAL INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-016-13 be received; 2. THAT, provided there are no significant issues raised at the Public Meeting, Amendment No. 91 to the Clarington Official Plan submitted by Valiant Rental Inc., to permit a drive- through facility accessory to a bank, as contained in Attachment 3 to Report PSD-016-13 be adopted and the By-law adopting the Official Plan Amendment contained in Attachment 4 to Report PSD-016-13 be passed; 3. THAT the Zoning By-law Amendment application, submitted by Valiant Rental Inc., be approved with a `Holding (H) Symbol' as contained in Attachment 5 to Report PSD-016-13; 4. THAT a future report will be forwarded to Council to lift the 'Holding (H) Symbol' at such time as the Site Plan meets the requirements of the urban design criteria contained in Section 11.5 of Report PSD-016-13; 5. THAT the Region of Durham Planning Department and Municipal Property Assessment Corporation be forwarded a copy of this report and Council's decision; and 6. THAT all interested parties listed in Report PSD-016-13 and any delegations be advised of Council's decision. Submitted by: Reviewed by: David Vcrom e, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer PW/COS/nl/df 7 March 2013 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 005-623-3379 REPORT NO.: PSD-016-13 PAGE 2 1. APPLICATION DETAILS 1.1 Owner/Applicant: Valiant Rental Inc. 1.2 Agent: D.G. Biddle & Associates Ltd. 1.3 Proposal: To permit a drive-through facility accessory to a bank. 1.4 Area: Located within a 6.5 Ha retail commercial plaza property. 1.5 Location: 80 Clarington Boulevard, Bowmanville 2. BACKGROUND 2.1 On January 21St, 2013, D.G. Biddle & Associates Ltd. submitted applications, on behalf of Valiant Rental Inc., to permit a drive-through facility for a bank which is proposed to be constructed along Clarington Boulevard south of Highway 2. TD Canada Trust is currently located within one of the commercial plaza buildings on the subject lands. It is the Owner's intent to relocate the existing TD Canada Trust branch, from the multi- tenant plaza building, to a stand-alone site on the same property. 2.2 A Planning Justification Report and a Conceptual Layout and Design were submitted in support of these applications. 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The proposed development site is a vacant area on the existing commercial lands which are occupied by among others the former Zellers (now under renovation to become Target). The commercial property extends from Highway 2 in the north to Prince William Boulevard in the south and from Green Road in the west to Clarington Boulevard in the east. The proposed bank and drive-through would be located on the east side of the property, fronting onto Clarington Boulevard. REPORT NO.: PSD-016-13 PAGE 3 H; 3 r FIGURE 1 View of development site from Clarington Blvd. facing south ,I qw!x t f FIGURE 2 View of development site from Clarington Blvd. facing north 3.2 The areas surrounding the proposed bank and drive-through are as follows: North - Existing Commercial Plaza (Kelsey's Restaurant) South - Existing Commercial Plaza (Payless Shoes, Hakim Optical and future Target Department Store) East - Neighbouring Commercial Plaza (future Shoppers Drug Mart, SportChek and Atmosphere) West- _ Exist_in ommercial._P_laza_ REPORT NO.: PSD-016-13 PAGE 4 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement (PPS) The PPS promotes efficient land use and development patterns while at the same time ensuring that any development avoids harmful impacts upon both public health and the environment. These goals are to be achieved within existing settlement areas and in a manner which minimizes land consumption and servicing costs. The Owner's proposed development of a drive-through facility, accessory to a bank, will result in an intensification of the existing commercial property. This redevelopment will take advantage of existing services. This application conforms with the Provincial Policy Statement. 4.2 Growth Plan for the Greater Golden Horseshoe (Growth Plan) The policies of the Provincial Growth Plan promote the creation of compact, complete communities that are transit-supportive and pedestrian-friendly. Part of the intent of the Growth Plan is to manage growth in a manner that will optimize existing infrastructure and support a strong economy. The first priority of growth shall be to seek to intensify within existing built up areas. The subject property is located within the Provincially-defined "Built Boundary". The Growth Plan requires that population and employment growth be directed to built-up areas of the community to optimize existing land supply and better utilize existing municipal services. This application conforms with the Provincial Growth Plan. 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the subject lands as "Regional Centre". Regional Centres shall be developed as the main concentration of commercial, residential, cultural and government functions in a well designed and intensive land use form, within Urban Areas. The subject site is within an area of high aquifer vulnerability. The proposed use is not considered a high risk to groundwater, therefore, no additional impacts are anticipated. The proposed use conforms with the policies of the Durham Regional Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the subject lands as "Town Centre" and REPORT NO.: PSD-016-13 PAGE 5 "Street-Related Commercial" within the Bowmanville West Town Centre Secondary Plan (BWTCSP). The "Street-Related Commercial" designations were established at intersections and major road frontages. Lands with this designation are intended to be dedicated to smaller scale, pedestrian-oriented retail and personal service uses, in particular uses that contribute to an active street life such as cafes, restaurants and smaller shops. In general, drive-through facilities are not desirable in Town and Village Centres. Where drive-through facilities are permitted they are to be appropriately regulated and must meet the built form objectives of the respective Town or Village Centre. While drive-through facilities are permitted in the BWTCSP, there is a specific prohibition on locating drive-through facilities within the "Street-Related Commercial" designation. Further discussion of the compatibility and conformity of the proposed drive-through facility is contained in Section 11 of Report PSD-016-13. 6. ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands "Street-Related Commercial Exception (C9-1)". A bank (financial office) is already a permitted use within the "C94' zone. It is the proposed drive-through facility, on the exterior of the bank that is the subject of these applications. When the "C9-1" zone was created in 2006 the McDonalds restaurant, complete with drive-through facility, was already in existence. As a result, an exception was made to permit one restaurant (eating establishment) with a drive-through facility within this zone. In spite of that exception, the Zoning By-law expressly states that drive-through facilities are not permitted within the "C9-1" zone. 7. SUMMARY OF BACKGROUND STUDIES 7.1 Planning Justification Report TD Canada Trust has determined that any new branch they develop in the Bowmanville market will need to incorporate a drive-through facility in order to achieve and maintain a competitive advantage over other retail banks in this area. Traditionally, concerns with drive-through facilities have arisen due to issues of traffic congestion, visual impacts and noise impacts. However, unlike drive-through facilities for restaurants, the report notes that drive-through facilities for banks generate less traffic, require shorter stacking lanes and do not use menu boards and speakers. Therefore, with appropriate landscaping and screening, it is the applicant's view that drive-through facilities for banks can avoid all of the traditional concerns associated with drive-through facilities. It is noted that the Scotia Bank, located at the northwest corner of Highway and Clarington Boulevard, was constructed with a drive-through REPORT NO.: PSD-016-13 PAGE 6 facility before the passage of the current policy that prohibits drive-through facilities in "Street-Related Commercial Areas". The Agent goes on to state that the Scotia Bank successfully incorporates a drive-through facility without negative impacts. The proposed bank would be located in the centre of the block between the two private entrances into the site from Clarington Boulevard. This location is preferred in order to avoid underground utilities/services that run along the south side of the northerly lane. The centralized bank location will also allow the proposed drive-through lane to be placed on the north side of the bank in order to avoid traffic conflicts with the existing and future commercial businesses south of the proposed bank. A conceptual Site Plan drawing is enclosed as Attachment 2 to Report PSD-016-13, The Planning Justification Report states that the location of the proposed bank entrance in the southeast corner of the building, together with a direct sidewalk connection from Clarington Boulevard to the front door of the bank, will achieve and support the "pedestrian-character" objectives of the Bowmanville West Town Centre Secondary Plan. 8. PUBLIC NOTICE AND SUBMISSIONS 8.1 Public notice was given by mail to each landowner within 120 metres of the subject site and two public meeting notice signs were installed on the property. The public notice was also posted on the Municipal website and in the Planning Services electronic newsletter. 8.2 As of the writing of this report, Staff had received one inquiry from an area business owner seeking clarification as to the nature of these applications. 9. AGENCY COMMENTS 9.1 Durham Regional Planning Department This proposal generally conforms to the Durham Regional Official Plan in providing a use that complements the existing mixture of land uses within the Regional Centre. The final design of the proposed development should maximize pedestrian, bicycle and transit opportunities for the site. 10. DEPARTMENTAL COMMENTS 10.1 Emergency Services and the Engineering Services Department The Emergency Services and the Engineering Services Departments have both expressed no objection to the proposed applications. REPORT NO.: PSD-016-13 PAGE 7 10.2 Finance Department The Finance Department has confirmed that the taxes on the subject property have been paid up-to-date. 11. COMMENTS 11.1 Within the Bowmanville West Town Centre, drive-through facilities are prohibited in all "Street-Related Commercial" areas. (The exception of the drive-through facility for McDonald's was previously addressed in Section 6.1 of Report PSD-016-13.) The reason for prohibiting drive-through facilities in the "Street-Related Commercial" designation is to: • Ensure compatibility with adjacent uses; • Reinforce the pedestrian character of the area; and • Achieve the built-form objectives of the Official Plan and the Secondary Plan. What follows is an examination of these three points. 11.2 Compatibility with Neighbouring Uses The proposed bank will be located on the east side of an existing commercial plaza property. It will be surrounded to the north, south and west by existing retail, restaurants and services and the associated parking areas for these businesses. To the east, on the other side of Clarington Boulevard, construction is underway on the redevelopment of the former Canadian Tire store into a multi-unit retail development. The proposed bank with drive-through facility would be compatible with all of the current land uses surrounding this site. A drive-through for a bank gets minimal use and would not result in traffic conflicts within the site or on adjacent roads. 11.3 Pedestrian Character The "Street-Related Commercial" areas of the BWTCSP are to be designed in a manner that creates both an attractive and a comfortable environment for those travelling on the Municipal sidewalk. This is to be achieved by requiring that new buildings include visual interest at a pedestrian scale. All new street-related buildings are to be designed to include features which connect them to the sidewalk. This is done through the abundant use of windows and by providing access to the buildings directly from the sidewalk as opposed to exclusively from the parking lot. Design elements included with street-related buildings should make people want to walk by them rather than fail to notice them or even avoid them. A list of these design elements is included in Section 11.5 of PSD-016-13. REPORT NO.: PSD-016-13 PAGE 8 11.4 Built-Form Objectives Complimentary to the "pedestrian character" goals of the BWTCSP are the built-form objectives which direct where and in what manner buildings should be constructed. Within the "Street-Related Commercial" areas the placement of buildings is intended to define the street edge and create a sense of enclosure for pedestrians and motorists alike. Buildings in the "Street-Related Commercial" areas are expected to be located along the street edge (within 3 metres of the property line) and provide a direct connection to the front door of these buildings from the sidewalk. Where possible, buildings should frame not only the public street but also those locations where private streets and private laneways intersect with public streets. In an ideal situation, the majority of the street edge along Clarington Boulevard would be occupied by store fronts. With this objective in mind, buildings are to be located in a manner that facilitates future in-fill along the block. However, on-site constraints and accommodations make the proposed location for the bank and drive-through facility, as identified in Attachment 2 to PSD-016-13, the most reasonable. The proposed bank with drive-through facility has been designed and located so as to present the widest possible profile along Clarington Boulevard. 11.5 Site Plan Process New buildings that are constructed within the "Street-Related Commercial" designation of the BWTCSP are required to achieve a specific design standard. These design elements include: • Sidewalks and walkways in front of commercial uses shall include in-ground trees, pedestrian scale lighting, and street furnishings (i.e. benches and trash receptacles); • The use of special paving treatment at focal points including building entrances; • Clearly designated pedestrian crossings at the intersection of all public and private streets through the use of surface material variation; • Minimizing the visual impact of surface parking areas by the use of screen walls, landscaping or lowering of the parking areas by up to 0.5 metres from the adjacent street grade; • Appropriate lighting levels to assist both pedestrian and vehicular circulation; • High quality landscaping treatments to define site boundaries; • Drive aisle crosswalks constructed of materials that are different to the drive aisle such as interlocking brick paving; • Main entrances to buildings shall be emphasized; • High quality landscaping treatment at all building entrances; • Amenities, located in close proximity to building entrances, shall include landscaping, seating and public art; and • Screening of rooftop mechanical equipment. REPORT NO.: PSD-016-13 PAGE 9 These design requirements are best identified and discussed through the Site Plan approval process. To ensure that the design requirements are satisfactorily provided through the Site Plan approval process, it is recommended that the applications submitted for this proposal be approved with a Holding (H) Symbol. Once all design details have been finalized, a report lifting the Holding (H) Symbol will be submitted directly to Council for approval. 11.6 Parking The existing parking area currently contains 825 parking spaces which exceeds the Municipal parking requirements by 56 spaces. The proposed bank will generate demand for an additional 28 parking spaces. The existing commercial plaza will continue to have sufficient parking capacity to accommodate the proposed bank. 12. CONCLUSION 12.1 Approval of a drive-through facility accessory to a bank, on the subject property, will accommodate the relocation and expansion of the existing TD Canada Trust branch. The proposed drive-through facility will be compatible with all current land uses. In addition, the orientation and location of the bank will reinforce the pedestrian character of the area. Finally, the built-form objectives of the Clarington Official Plan and the Bowmanville West Town Centre Secondary Plan will be satisfied through the Site Plan approval process. 12.2 The purpose of Report PSD-016-13 is to provide background information for a Public Meeting under the Planning Act. Given the minor nature of this proposal and provided there are no significant issues raised at the Public Meeting, it is recommended that the proposed Clarington Official Plan Amendment (Attachment 3 to Report PSD-016-13) and Zoning By-law Amendment (Attachment 5 to Report PSD-016-13) be approved. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: X Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Carlos Salazar, Manager, Community Planning & Design Branch Paul-Wirch3-Plane-r IL,_.-- omm.unity._Pl-anning& Design Branch ---- -- REPORT NO.: PSD-016-13 PAGE 10 Attachments: Attachment 1 - Key Map Attachment 2 - Conceptual Layout Attachment 3 - Proposed Official Plan Amendment Attachment 4 - Clarington Official Plan Amendment Adopting By-law Attachment 5 - Proposed Zoning By-law Amendment List of interested parties to be advised of Council's decision: Bob Hann, Valiant Rental Inc. Glenn Genge, D.G. Biddle & Associates Ltd. Anne Messore, Smart!Centres Edgar Lucas, Historic Downtown Bowmanville Business Improvement Area Attachment 1 To Report PSD-016-13 4a C �, c 3 n r CD CO °o d °o c m COD s E cv a � r 4. V- C q N t_v d > o Q m 00 0 p L -� N o 3 CO I '_ O COL. � O = IL N .� w Q z 0 a :D CIAO NOIONI?JVIO �JJ Y , J OZaO LU W � p a m Q= M Q W t J C A O CO N 3 3 g m o J GVMJ N3MbJ Attachment 2 To Report PSD-016-13 xJ I I _ r z nut 1,A J en f s I - --� - — Canada Tw"st 6000 SQ. FT. ENTRANCE 67, .w I i f i li i S' t{ Sf:Ci' rl2 ?l=.1 1 3 oCa'5,,1; h1,1 s,i�o:n n i :•�. {iiS.Utfi:y 6fy(#SO,lf -- l L'\N;?i;12 C,1-Al,a to::u[tvcf t i.ra•.; _._-- _. __—_. _. -- iS5UEli 13,A-fli 111v I f)1lSC`RIPPH)A Attachment 3 To Report PSD-016-13 AMENDMENT NO. 91 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN PURPOSE: To permit a drive-through facility accessory to a bank. BASIS: This amendment is based on the Planning Justification Report and analysis resolution of the General Purpose, with respect to Official Plan Amendment Application COPA 2013- 0001. ACTUAL AMENDMENT: The Bowmanville West Town Centre Secondary Plan is hereby amended as follows: "1. By adding a new Section 6.2.4 as follows: Notwithstanding Section 6.2.1 a. ii) of this Secondary Plan, one drive-through facility, accessory to a bank, shall be permitted at the Clarington Centre plaza, on the portion of the property known municipally as 80 Clarington Boulevard and identified by tax assessment roll no. 1817-010-020-17200." IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official Plan, regarding the implementation of the Plan, shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the Municipality of Clarington Official Plan, regarding the interpretation of the Plan, shall apply in regard to this Amendment. Attachment 4 To Report PSD-016-13 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2013- being a By-law to adopt Amendment No. 91 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 Council of the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan and the Bowmanville West Town Centre Secondary Plan to permit a drive-through facility accessory to a bank; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 91 to the Clarington Official Plan being the attached Explanatory Text is hereby adopted. 2. This By-law shall come into' force and take effect on the date of the passing hereof. BY-LAW passed in open session this day of 12013. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk AMENDMENT NO. 91 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN PURPOSE: To permit a drive-through facility accessory to a bank. BASIS: This amendment is based on the Planning Justification Report and analysis resolution of the General Purpose, with respect to Official Plan Amendment Application COPA 2013- 0001. ACTUAL AMENDMENT: The Bowmanville West Town Centre Secondary Plan is hereby amended as follows: "1. By adding a new Section 6.2.4 as follows: Notwithstanding Section 6.2.1 a. ii) of this Secondary Plan, one drive-through facility, accessory to a bank, shall be permitted at the Clarington Centre plaza, on the portion of the property known municipally as 80 Clarington Boulevard and identified by tax assessment roll no. 1817-010-020-17200." IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official Plan, regarding the implementation of the Plan, shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the Municipality of Clarington Official Plan, regarding the interpretation of the Plan, shall apply in regard to this Amendment. Attachment 5 To Report PSD-016-13 I CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2013- being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle 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 Municipality of Clarington for ZBA 2013-0001; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule"3"to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "STREET-RELATED COMMERCIAL EXCEPTION (C9-1)ZONE" to "HOLDING STREET-RELATED COMMERCIAL EXCEPTION (H(C9-1)) ZONE" as illustrated on the attached Schedule"A"hereto. 2. Schedule"A"attached hereto shall form part of this By-law. 3. Section 2213.4.1 a. of the "STREET-RELATED COMMERCIAL EXCEPTION (C9-1) ZONE"is hereby deleted and replaced with the following: "Notwithstanding Section 228.2 c., in addition to all uses permitted in the C9 Zone, only one eating establishment with a drive-through facility and only one financial office with a drive-through facility may be constructed and used on the lands zoned C9-1." 4. Section 228.4.1 c. iii) of the "STREET-RELATED COMMERCIAL EXCEPTION (C9-1) ZONE"is hereby deleted and replaced with the following: "Notwithstanding Section 3.16 d., a drive-through aisle for one-way traffic shall be no less than 3.5 metres wide." 5. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW passed in open session this day of ,2013. Adrian Foster Mayor I Patti L. Barrie, Municipal Clerk - -- --- -- - -- - - -- - - -- - -1 This is h u0 "A" t ®I 2013- , passed this y of 2013 A.D. DURHAM H1�HWAY 2 o u� m z v z y�� o: o- U PRINCE WILLIAM BOULEVARD /v Zoning Change From"C9-1"To"(Fi)C9-T' Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk ,c 9 � 4 BoWmanville ZBA$ m� 2013-0001 SCHEDU .. ... LE 3