HomeMy WebLinkAboutPSD-037-04
"
~. ~ ~
illJFINISHED BUSINESS
Cl!J!fflgron
REPORT
PLANNING SERVICES
Meeting:
Date:
Report #:
Subject:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE F,
Monday, March 29, 2004 (1.../:'::' c'P1,'~7~~;~~lf t/1
_1~~H:7>'/' . .'
" 1/-9l/?;'C~
PSD-037 -04 File #: ZBA 2003-038 By-law #: /,t,"':, ~/ ~ Y ~ - c 't
and ZBA 2004-004 el' f' c'
REZONING APPLICATIONS TO PERMIT A CONVENIENCE STORE
AND IMPLEMENT DRIVE-THROUGH REGULATIONS FOR ASPEN
SPRINGS COMMERCIAL DEVELOPMENT
PROPONENTS: MARTIN ROAD HOLDINGS LIMITED AND
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 the rezoning applications submitted by Martin Road Holdings Limited to
permit a convenience store and the proposal by Municipality of Clarington to
implement drive-through facility regulations be APPROVED and that the attached
By-law contained in Attachment 2 be passed once the outstanding taxes for the
subject property have been paid;
2. THAT a copy of Report PSD-037-04 and Council's decision be forwarded to the
Durham Region Planning Department; and,
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
/) ,',' C'
. ',' ,I,. " ,_
ReViewed by\ J.p.~ '- ' , '- '-- .1.,-
Franklin Wu
Chief Administrative Officer
Submitted by:
D v :I. Crome, M.C.I.P.,R.P.P.
Director, Planning Services
RH/CPIDC/df
23 March 2004
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
61.0
,
, i
REPORT NO.: PSD-037-04
PAGE 2
1.0 APPLICATION DETAILS
1.1 Proponents: Martin Road Holdings Limited (ZBA 2003-038 on Site A) and
Municipality of Clarington (ZBA 2004-004 on Sites A & B)
1.2 Owner:
Martin Road Holdings Limited (Sites A & B)
1.3 Rezoning Application ZBA 2003-038:
To rezone the subject lands from "Holding - General Commercial
((H)C1) Zone" on Site A to an appropriate zone to permit a
convenience store in addition to other permitted uses within a
proposed commercial plaza.
1.4 Rezoning Proposal ZBA 2004-004:
To rezone the subject lands from "Holding - General Commercial
((H)C1) Zone" on Site A and "Holding - Neighbourhood Commercial
((H)C2) Zone" on Site B to introduce new zoning provisions on the
subject lands implementing the drive-through regulations 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 stacking lane length and stacking lane entrance
setback from a public road, and a 12 metre minimum required
setback from residential uses.
1.5 Location:
Part Lot 15, Concession 1, former Township of Darlington,
northwest and southwest corners of Regional Road 57 and Hartwell
Avenue, 1 and 2 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
Convenience Store Aoolication (ZBA 2003-038)
3.1 On August 7, 2003, Martin Road Holdings Limited submitted a rezoning
application (ZBA 2003-038) to permit a convenience store as a component of a
proposed 1,892 m2 (20,366 W) 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.
3.2 Prior to the Public Meeting, a number of concerns were received from area
residents.
611
,
REPORT NO.: PSD-037-04
PAGE 3
. An area resident has requested that a left hand turning lane be provided for
northbound traffic on Regional Road 57 into Hartwell Avenue in conjunction
with this development. The resident lives at this intersection and has
experienced numerous ingress and egress problems.
. It was suggested that the presence of the proposed plaza will increase traffic
levels at the intersection of Hartwell Avenue and Regional Road 57.
Convenience stores create hangouts for young children and teenagers. A
convenience store is not necessary in the area.
. A resident in the vicinity of the proposed development has raised an objection
to the proposed drive-through restaurant. Noise from idling cars is not
desirable.
. A resident questioned whether the plaza would be well landscaped.
These comments are addressed in Section 8.2 of this report.
3.3 A statutory Public Meeting was held for the application on October 6, 2003.
Although a few residents were concemed 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, and proximity of the drive-through to the
residential area. These issues are discussed and addressed in Sections 8.3 and
8.4 of this report.
3.4 The applicant submitted site plan application SPA 2003-030 on June 18, 2003,
for Site A and has recently submitted revised plan for site plan approval.
Drive-Throuqh Facilitv Application (ZBA 2004-004l
3.5 As a result of the public concern raised on October 6, 2003, Council directed
Staff to initiate an application to implement similar standards for drive-through
facilities on Sites A & B as those introduced in the Bowmanville King Street East
Corridor area study.
3.6 A statutory Public Meeting was held for the application on March 8, 2004.
Although no one spoke in opposition to or in support of the application, one
resident objected to construction of the plaza until Regional Road 57 is
upgraded. This issue is addressed in Section 8.2 of this report.
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
612
REPORT NO.: PSD-037-04
PAGE 4
5.0
5.1
5.2
6.0
6.1
6.2
OFFICIAL PLAN POLICIES
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.
The revised site plan application indicates a total f100rspace within the plaza of
1,920 m2. A total of 1,200 m2 (12,920 W) of retail commercial f100rspace and
1,150 m2 (12,380 ft2) of office f100rspace have been allocated to Aspen Springs
commercial development. Although tenanting the entire plaza with retail
commercial f100rspace would exceed the site's allocation, Section 24.5 of the
Official Plan permits minor f100rspace increases of up to 10%.
ZONING BY-LAW CONFORMITY
Site A is zoned "Holding - General Commercial ((H)C1) Zone", which does not
permit a convenience store. In order to permit the additional use, a rezoning
application was submitted for consideration.
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 restaurant with a drive-through
facility.
7.0
AGENCY COMMENTS
7.1
The applications were circulated to relevant agencies for comment. The Durham
Region Planning Department has indicated that the proposed applications
conform to the relevant policies.
7.2
The Durham Region Public Works Department, Clarington Engineering Services
Department and Central Lake Ontario Conservation have no objections to the
applications provided that their conditions of approval are fulfilled through the site
plan approval process.
8.0
COMMENTS
8.1
Convenience stores were removed from the "General Commercial (C1) Zone" in
1987 upon the direction of Council to deal specifically with an increase in
convenience stores in downtown Bowmanville. Council felt that the prevalence
of convenience stores was not compatible with downtown retail commercial area.
Since that time, all new convenience stores within "General Commercial (C1)
Zone" have been permitted by site-specific zoning.
613
REPORT NO.: PSD-037-04
PAGE 5
8.2 Although Staff has received a number of concerns from area residents, most of
these issues are more appropriately resolved through site plan approval. The
residents' concerns will be addressed in the following manner.
. Two area residents have requested that improvements be made to Regional
Road 57. These include a left hand turning lane be provided for northbound
traffic onto Hartwell Avenue from Regional Road 57 and overall widening and
improvements to Regional Road 57. Staff discussions with Durham Regional
Public Works Department have indicated that, subject to budget approvals,
reconstruction of Regional Road 57 is contemplated between 2008 and 2012.
Regional Works Staff are reviewing the issue of intersection improvements
related to this development further and will provide comments prior to site
plan approval.
. The proposed plaza will generate additional vehicular traffic on roads. The
plaza will have a right-in/right-out access to Regional Road 57, which is a
Type A arterial. The current road network is designed to accommodate the
additional traffic volumes. Area sidewalks have been constructed to promote
walking to a destination as an altemative to driving.
. One of the functions of Central Areas is to serve as meeting or gathering
places for people. Loitering within the plaza will be the owner's responsibility.
It is in the owner's interest to ensure that all people patronize their facility and
that it remain clean.
. There are no convenience stores in the immediate vicinity. The Zoning By-
law defines convenience stores as a "commercial establishment that supplies
groceries or other daily household conveniences to the residents in the
immediately surrounding area". The policies for the subject lands are
designed to provide a limited scale of retail development serving the
surrounding neighbourhood.
. The initial landscaping plan submitted with the site plan application has
shown that the developer is committed to providing a well-landscaped plaza.
The landscaping areas, street trees, and entrance plantings generally reflect
the intent of the landscape design guidelines. Staff will require some further
revisions.
8.3 The Bowmanville King Street East Corridor Study was prepared for the
Municipality by Urban Strategies Inc. and Totten Sims Hubicki. Council approved
recommendations from the study in October 2003, in the form of amendments to
the Clarington Official Plan and Zoning By-law, including regulations for drive-
through uses in the study area. The 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 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.
8.4 The purpose of the Municipality's proposal with respect to the subject lands is to
amend the existing zoning on both properties to implement zoning regulations in
614
REPORT NO.: PSD-037-04
PAGE 6
a similar manner as was done in the Bowmanville King Street East Corridor
Study Area.
8.5 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.
8.6 At this time taxes, owing on the properties subject to rezoning total just under
$113,000. A representative from the Kaitlin Group has indicated they are
challenging the assessed value of these properties and as a result have not paid
taxes. They will pay the taxes, under protest, early next month as they wish to
follow through with their assessment appeal. Staff recommend approving the
rezoning and adopting the by-law only after the taxes are paid.
9.0 CONCLUSIONS
9.1 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.
9.2 The applications have been reviewed in consideration of comments received
from circulated agencies, the Clarington Official Plan, and Zoning By-law. In
consideration of the comments contained in this report, Staff respectfully
recommends that the rezoning applications for the proposed use and the
implementation of drive-through regulations be APPROVED and that Council
pass the By-law contained in Attachment 2, at such time the outstanding taxes
have been paid.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed Zoning By-law
Interested parties to be notified of Council's decision:
Kelvin Whalen
Martin Road Holdings Limited
1029 McNicoll Avenue
Scarborough, ON M1W 3W6
Bonnie Seward
21 Glen Ray Court
Bowmanville, ON L 1 C 3W7
Frank Harris
3403 Liberty Street North
Bowmanville, ON L 1C 3K6
Vivian and Hugh Perkins
12 Chandler Court
Bowmanville, ON L 1 C 4S9
John Vanderkooi
46 Regional Road 57
Bowmanville, ON L 1 C 3K7
Lisa Radu
71 Bonnycastle Drive
Bowmanville, ON L 1C 4W7
615
REPORT NO.: PSD-037-04
PAGE 7
Dan Labanowich
79 Bonnycastle Drive
Bowmanville, ON L 1 C 4S9
Michael Mytko
117 Bonnycastle Drive
Bowmanville, ON L 1C 4W7
April Venedam
11 Glen Ray Court
Bowmanville, ON L 1 C 4W7
Aaron & Susan Gaudon
13 Glen Ray Court
Bowmanville, ON L 1 C 4W7
David Garneau
15 Glen Ray Court
Bowmanville, ON L 1C 4W7
Mike & Gail Palmer
17 Glen Ray Court
Bowmanville, ON L 1 C 4W7
Randy & Rhonda Payne
19 Glen Ray Court
Bowmanville, ON L 1 C 4W7
616
/
/
I
I
\
\
\
\
I
\
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
1
1
1
1
1
1
1
1
,
,------
ATTACHMENT 1
o
<(
o
a::::
z
f-
a::::
<(
~
pmlTI1 /
I uU1I
1 I
\ ====== ~ \
.1 !l!~REY I- 1 -j
1-
RETAIL I ~
1
1
1
I
1
1
~ 1
I
1
1-
L-I----l
-l ~---,
~ I
I
I
/
$I"fE-j\./ \"y
/
I
HARTWELL AVENUE
/
/
I
1
1
I
I
1
1
1
1
1
I
I
1
Bowmanville Key Map
SITE B
\
\
\
\
\
ZBA 2004-004
Zoning By-law Amendment
Owner: Martin Road Holdings Ltd.
Applicant: Municipality of Clarington
617
ATTACHMENT 2
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2004-
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 Clarlngton deems it
advisable to amend By-Law 84-63, as amended, of the Corporation of the fonner Town of
Newcastle in accordance with applications ZBA 2003-038 and ZBA 2004-004 to penntt the
development of a convenience store and to implement the drive-through standards
developed through the Bowmanville King Street East Corridor Study;
NOW THEREFORE, the Council of the Corporation of the Municipality of Clarington
enacts as follows:
1. Section 16.5 "SPECIAL EXCEPTIONS - GENERAL COMMERCIAL (C1) ZONE"
is hereby amended by adding a new Section 16.5.32 as follows:
"16.5.32 GENERAL COMMERCIAL EXCEPTION (C1-32) ZONE
(1) Notwithstanding Section 16.1(b), those lands zoned C1-32 on the
Schedules to this By-law may, in addition to the other uses permitted in
the C1 zone, be used for a convenience store and a drive-through facility
provided that the drive-through facility is developed in accordance with the
provisions in Section 16.5.32.(2)(i) and (ii) are complied with.
(2) Notwithstanding the provisions of 16.1(b). 16.3 (a), and 16.3 (b), no
person shall use any land or erect or use any building or structure located
in a C1-32 zone for any residential or non-residential purpose unless the
provisions of this Section and the applicable provisions of the aforesaid
By-law 84-63 are satisfied:
i) With respect to non-residential uses, a drive-through facility shall
not be erected or used on lands within a Cl-32 zone, unless:
(a) the lot on which the drive-through facility is located has an area
of at least 3.000 square metres;
(b) any loud speaker used to broadcast either a human voice or
music to the exterior of the building or structure containing the
drive-through facility which is affixed to the surface or other
portion of the building or structure, or is affixed to or is mounted
on a stand adjacent to an order board used by customers and
iocated on the lot, and all portions of the stacking lane are
located at least 12 metres from the boundary of any residential
zone;
(c) a stacking lane is provided and maintained on the lot on which
the drive-through facility is located which stacking lane has a
minimum length of 72 metres, a minimum width of 3 metres
and entrance to it is located a minimum of 18 metres from a
portion of a street line which coincides with any portion of a lot
line of the lot;
618
(d) no part of a stacking lane Is so located that at any time any
motor vehicle which uses it will block, impede or interfere with
the use of parking spaces required to be provided on the lot on
which the drive-through facility is located;
(e) a direct pedestrian walkway at least 1.5 metres wide which
does not intersect with or cross the stacking lane is provided
and maintained on the lot from the portion of a street line
which coincides with a lot line of the lot to an entrance in the
building containing the drive-through facility; and
(f) notwithstanding the number of parking spaces required by
Section 3, 15(a) of the aforesaid By-law 84-63. not iess than 12
parking spaces for each 100 square metres or any portion
thereof of the gross floor contained in the building or structure
erected or used for the purpose of the drive-through facility,
are provided and maintained on the lot.
ii) Notwithstanding Section 16.5.32(2)(i)(c) and (f), a drive-through
facility which is not a drive-through eating establishment; a drive-
through eating estabiishment, drive-in; or a drive-through eating
establishment, take-out, are permitted if they satisfy the other
provisions of Section 16.5.32(2)(i) and this By-law and the following
requirements:
(a) a stacking lane is provided and maintained on the lot, which
stacking lane has a minimum length of 24 metres, a minimum
width of 3 metres and any entrances to it is located a minimum
of 18 metres from a portion of a street line which coincides with
any portion of a lot line of the lot; and
(b) not less than 1 parking space for each 30 square metres of
gross floor area contained in the building or structure. are
provided and maintained on the lo!'
(3) In this Section, the term:
"drive-through facility" means the use of land, buildings or structures, or
part thereof, to provide or dispense products or services, either wholly or
in part, through an attendant or a window or an automated machine, to
customers remaining in motor vehicles located in a stacking lane. A drive-
through facility may be in combination with other uses such as: a bank or
financial institution; dry cleaning establishment; dry cleaning distribution
centre; eating establishment; eating establishment, drive-in; eating
establishment, take-out; retail commercial establishment; service shop,
light; service shop. personal; shopping centre; or supermarket;
"residential zone" means an Urban Residential Type One (R1) Zone,
Urban Residential Type Two (R2) Zone, Urban Residential Type Three
(R3) Zone, and an Urban Residential Type Four (R4) Zone and the term
includes Special Exceptions to any of these zones provided in the
aforesaid By-law 84-63; and
"stacking lane" means an on-site queuing lane for motor vehicles which is
separated from other vehicular traffic and pedestrian circulation by
barriers, markings or signs."
2. Section 17.5 "SPECIAL EXCEPTIONS - NEIGHBOURHOOD
COMMERCIAL (C2) ZONE" is hereby amended by adding a new Section
17.5,9 as follows:
619
'.
"17.5.9 NEIGHBOURHOOD COMMERCIAL EXCEPTION (C2-9) ZONE
(1) Notwithstanding Section 17.1(b), those lands zoned C2-9 on the
Schedules to this By-law may also be used for a drive-through
facility provided that the drive-through facility is developed in
accordance with the provisions in Section 17.5.9.(2)(i) and (ii) are
complied with,
(2) Notwithstanding the provisions of Sections 2, 17.1(b), 17.3 (a), and 17.3
(b), no person shail use any land or erect or use any building or structure
located in a C2-9 zone for any residential or non-residential purpose
unless the provisions of this Section and the appiicable provisions of the
aforesaid By-iaw 84-63 are satisfied:
i) With respect to non-residential uses, a drive-through facility shall
not be erected or used on lands within a C2-9 zone, unless:
(a) the lot on which the drive-through facility is located has an area
of at least 3,000 square metres;
(b) any loud speaker used to broadcast either a human voice or
music to the exterior of the building or structure containing the
drive-through facility which is affixed to the surface or other
portion of the building or structure, or is affixed to or is mounted
on a stand adjacent to an order board used by customers and
located on the lot, and all portions of the stacking lane are
located at least 12 metres from the boundary of any residential
zone and at least 12 metres from the lot line of a lot on which
an apartment building, a single detached dwelling, a semi-
detached dwelling, a street townhouse dwelling or a triplex
dwelling is erected;
(c) a stacking lane is provided and maintained on the lot on which
the drive-through facility is located which stacking lane has a
minimum length of 72 metres. a minimum width of 3 metres
and entrance to it is located a minimum of 18 metres from a
portion of a street line which coincides with any portion of a lot
line of the lot;
(d) no part of a stackin9 lane is so located that at any time any
motor vehicle which uses it will block, impede or interfere with
the use of parking spaces required to be provided on the lot on
which the drive-through facility is located;
(e) a direct pedestrian walkway at least 1.5 metres wide which
does not intersect with or cross the stacking lane is provided
and maintained on the lot from the portion of a street line
which coincides with a lot line of the lot to an entrance in the
building containing the drive-through facility; and
(f) notwithstanding the number of parking spaces required by
Section 3.15(a) of the aforesaid By-law 84-63, not less than 12
parking spaces for each 100 square metres or any portion
thereof of the gross floor contained in the building or structure
erected or used for the purpose of the drive-through facility,
are provided and maintained on the lot.
ii) Notwithstanding Section 17.5.9(2)(i)(c) and (f). a drive-through
facility which is not a drive-through eating establishment; a drive-
through eating establishment, drive-in; or a drive-through eating
establishment, take-out, are permitted if they satisfy the other
provisions of Section 17.5,9(2)(i) and this By-law and the following
requirements:
620
">
(a) a stacking lane is provided and maintained on the lot. which
stacking lane has a minimum length of 24 metres, a minimum
width of 3 metres and any entrances to it is located a minimum
of 18 metres from a portion of a street line which coincides with
any portion of a lot line of the lot; and
(b) not less than 1 parking space for each 30 square metres of
gross floor area contained in the building or structure, are
provided and maintained on the lot.
(2) In this Section, the term:
"drive-through facility" means the use of land, buiidings or structures, or
part thereof, to provide or dispense products or services, either wholly or
in part, through an attendant or a window or an automated machine, to
customers remaining in motor vehicles located in a stacking lane. A drive-
through facility may be in combination with other uses such as: a bank or
financial institution; dry cleaning establishment; dry cleaning distribution
centre; eating establishment; eating establishment, drive-in; eating
establishment, take-out; retail commercial establishment; service shop,
light; service shop, personal; shopping centre; or supermarket;
"residential zone" means an Urban Residential Type One (R1) Zone.
Urban Residential Type Two (R2) Zone, Urban Residential Type Three
(R3) Zone, and an Urban Residential Type Four (R4) Zone and the term
includes Special Exceptions to any of these zones provided in the
aforesaid By-law 84-63; and
"stacking lane" means an on>site queuing lane for motor vehicles which is
separated from other vehicular traffic and pedestrian circulation by
barriers, markings or signs."
3. Scheduie "3" to By-Law 84-63, as amended, is hereby further amended by
changing the zone designation from:
"Holding - General Commercial ((H)C1) Zone" to "Holding - General Commercial
Exception ((H)C1-32) Zone"
"Holding - Neighbourhood Commercial ((H)C2) Zone" to "Holding - Neighbourhood
Commercial Exception ((H)C2-9) Zone"
as shown on the attached Schedule "A" hereto.
4. Schedule "A" attached hereto shall form part of this By-Law.
5. This By-Law shall come into effect on the date of the passing hereof. subject to the
provisions of Sections 34 and 36 of the Planning Act, R.S.O. 1990.
BY-LAW read a first time this
day of
2004
BY-LAW read a second time this
day of
2004
BY-LAW read a third time and finally passed this
day of
2004
John Mutton, Mayor
Patti l. Barrie, Municipal Cieri<
621