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Home My WebLink AboutPSD-027-04 ~ Cl!J!mglOn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 8, 2004 D"-i itGPA-I01-0'-\- Report #: PSD-027 -04 File #: ZBA 2004-004 By-law #: Subject: REZONING APPLICATION TO IMPLEMENT DRIVE-THROUGH REGULATIONS FOR ASPEN SPRINGS PLAZA PROPONENT: MUNICIPALITY OF CLARINGTON Hartwell Avenue and Regional Road 57, Bowmanville RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-027-04 be received; 2. THAT the application initiated by Municipality of Clarington be referred back to Staff for further processing and the preparation of a further report following the receipt of all outstanding agency comments; and, 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: '-",- {, ( i , ) " -l . Crome, M.C.I.P.,R.P.P. r, Planning Services Franklin Wu Chief Administrative Officer RH*CP*DC*df 1 March 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 o .~' / REPORT NO.: PSD-027-04 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Municipality of Clarington 1 .2 Owner: Martin Road Holdings Limited 1.3 Rezoning: To rezone the subject lands from "Holding - General Commercial ((H)C1) Zone" and "Holding - Neighbourhood Commercial ((H)C2) Zone" to introduce new zoning regulations on the subject lands implementing the drive-through standards developed through the Bowmanville King Street East Corridor Study. This would include a definition of a drive-through facility, a minimum lot size, a minimum of a stacking lane length and setback from a public road, and a 12 metre minimum required setback from residential uses. 1 .4 Location: Part Lot 15, Concession 1, former Township of Darlington, northwest and southwest corners of Regional Road 57 and Hartwell Avenue, Bowmanville. 2.0 LOCATION 2.1 The subject lands are located in Bowmanville at the northwest and southwest corners of Regional Road 57 and Hartwell Avenue (See Attachment 1). Site A, 2 Hartwell Avenue totals 0.90 hectares (2.22 acres) while Site B, 1 Hartwell Avenue totals 0.32 hectares (0.78 acres). The properties are located within Part Lot 15, Concession 1, in the former Township of Darlington. 3.0 BACKGROUND 3.1 On October 20, 2003, Council passed the following resolution: "THAT Staff be directed to initiate an amendment to Zoning By-law 84-63 to introduce similar standards for drive-through restaurants as contained in the zoning amendment for the Bowmanville King Street East Corridor for the lands zoned C-1 at the north-west and south-west corner of Martin Road (Regional Road 57) and Hartwell Avenue." 3.2 On August 7, 2003, Martin Road Holdings Limited submitted a rezoning application (ZBA 2003-038) to permit a convenience store within a proposed 1,892 m2 (20,366 ft2) retail plaza at the northwest corner of Regional Road 57 and Hartwell Avenue. The plaza was proposed to be anchored by a convenience store and a drive-through restaurant. A statutory Public Meeting was held for the application on October 6, 2003. Although a few residents were concerned about the convenience store, residents adjacent to the proposed location of the restaurant objected to its drive-through component. Objections were based on noise and pollution from idling cars, loss of privacy and enjoyment of property, (jiJ REPORT NO.: PSD-027-04 PAGE 3 and proximity of the drive-through to the residential area. Council directed Staff to initiate this application to implement similar standards to those introduced in the Bowmanville King Street East Corridor area. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 Site A is generally flat with some sloping towards the existing residential development to the west. Site B is also generally flat with some sloping towards the existing residential development to the south and west. 4.2 Surrounding Uses: East: North: West: South: Urban residential Urban residential Urban residential Urban residential 5.0 OFFICIAL PLAN POLICIES 5.1 The Clarington Official Plan designates the subject lands "Local Central Area". These areas are intended to serve as focal points of activity for residential communities serving the daily needs of the surrounding residential neighbourhoods. Permitted uses include commercial, residential, community, cultural, and institutional uses. The proposed use conforms to the Official Plan policies. 6.0 ZONING BY-LAW CONFORMITY 6.1 Site A is zoned "Holding - General Commercial ((H)C1) Zone", which permits a restaurant with a drive-through facility. Site B is zoned "Holding - Neighbourhood Commercial ((H)C2) Zone", which also permits a take-out restaurant. This would also include a drive-through facility. 7.0 PUBLIC NOTICE AND SUBMISSION 7.1 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. 7.2 As of the writing of this report, only one general inquiry has been received from an area resident. D, I REPORT NO.: PSD-027-04 PAGE 4 8.0 AGENCY COMMENTS 8.1 The application was circulated to Durham Region Planning Department, Durham Region Public Works Department, Clarington Engineering Services Department and Central Lake Ontario Conservation primarily for information purposes. Since the application was only recently circulated, no comments have been received to date. 9.0 COMMENTS 9.1 The Bowmanville King Street East Corridor Study was prepared for the Municipality by Urban Strategies Inc. and Totten Sims Hubicki. Recommendations from the study were approved by Council in October 2003. The study recommended the following general regulations for drive-through uses in the area. 1. A minimum lot area of 3,000 m2 (0.74 acres) is required. 2. A minimum 12 vehicle stacking lane, with each vehicle space is equal to 6 m in length, is necessary for drive-through restaurants, with stacking lanes for financial establishments being only 4 vehicle queuing spaces in length. 3. Stacking lanes are not to interfere or block access to required parking spaces. 4. Stacking lanes must be demarcated by concrete curbs or landscaping. 5. Parking should be provided at a rate of 12 cars per 100 m2 of gross floor area for a drive-through restaurant. This standard may be varied on a site specific basis if the applicant can provide an acceptable study justifying a reduced parking standard. 6. The entrance to a stacking lane may not be located within 18 metres of a public road. 7. The primary street frontage must have a direct, fully accessible path for pedestrians to reach the entrance. 8. All aspects of a drive-through facility, including the stacking lane, order board, pick-up window, or banking machine, must be set back at least 12 metres from a residential zone. 9. Where drive-through facilities are located next to a residential zone, a 1.8 metre high noise fence shall be provided, the speakers and order boards shall be oriented away from the residential uses, and light spill over onto residential properties should be avoided. 10. Definitions for "drive-through facility" and "stacking lane" were included. 9.2 These recommendations are designed to mitigate the negative impacts of drive- through facilities on adjacent roadways and residential areas. This is done by ensuring sites are sufficiently sized to accommodate these uses, limiting the likelihood of vehicles stacking up into the site's aisles or onto adjacent roadway, buffering adjacent residential properties from operating noise from order boards 0;" REPORT NO.: PSD-027-04 PAGE 5 or pick-up windows, noise and air pollution from idling vehicles; and employing urban design techniques to soften the visual impact of the drive-through facility. The purpose of this application is to amend the existing zoning on both properties to implement zoning regulations in a similar manner as was done in the Bowmanville King Street East Corridor Study Area. Although not all recommendations discussed in Section 9.1 lend themselves to being implemented in a regulatory manner, they can be implemented through guidelines and site plan approval. 9.3 The Kaitlin Group have resubmitted preliminary plans for Site A. The drive- through facility has been voluntarily deleted. Although Staff discussed the possible relocation of the drive-through facility so that it would comply with these guidelines, Kaitlin Group chose to delete the facility from the site plan. 10.0 CONCLUSIONS 10.1 Due to the imminent development of these lands, the introduction of the new zoning standard on this site will provide regulations that minimize the potential adverse impacts of any drive-through facility on the surrounding residential area. 10.2 As the purpose of this report is to satisfy the requirements of the Public Meeting under the Planning Act, and taking into consideration all of the comments received, it is respectfully recommended that this report be referred back to Staff for further processing and the preparation of a subsequent report. Attach ments: Attachment 1 - Key Map Interested parties to be notified of Council's decision: Kelvin Whalen Martin Road Holdings Limited 1029 McNicoll Avenue Scarborough, ON M1W 3W6 OiJ ~ ' / / I I \ \ \ \ \ \ \ \ 1 \ 1 1 1 1 \ 1 1 1 1 1 \ 1 1 1 I 1 1 1 I I I 1 1 \ 1 1 1 I 1 , ,------- ~~~1 A / I \lUll 1 I \ ====== ~ \ ..1.!'Iq,REY I-- 1 --j 1- RETAIL 1 ---1 1 1 1 1 1 1 ~ I 1 1 1- L-I--.l - \ ~---, ~ I I I / _----//\.'0 / / / I HARTWELL AVENUE / / 1 I I 1 1 1 1 1 1 1 1 1 1 SITE B Bowmanville Key Map ATTACHMENT 1 o <l:: o 0:: Z I- 0:: <l:: :2 \ \ \ \ \ ZBA 2004-004 Zoning By-law Amendment Owner: Martin Road Holdings Ltd. Applicant: Municipality of Clarington Ot