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
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FIGURE 1
View of development site from Clarington Blvd. facing south
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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
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To Report PSD-016-13
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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
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passed this y of 2013 A.D.
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Zoning Change From"C9-1"To"(Fi)C9-T'
Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk
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