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Home My WebLink AboutPSD-061-04 " ~'Yl-mgton REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 7, 2004 Report #: PS D-061-04 File #: ZBA2004-015 e-e-s'({PPt d7&,-{yf By-law #:;J.tY:5-/ - /'1 ;;1- Subject: PROHIBITION OF DRIVE-THROUGH FACILITIES IN THE DOWNTOWN PORTION OF THE BOWMANVILLE EAST MAIN CENTRAL AREA AND NEWCASTLE VILLAGE MAIN CENTRAL AREA RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-061-04 be received; 2. THAT provided that there are no significant issues raised in the Public Meeting, the proposed Zoning By-law contained in Attachment 3, be passed; 3. That the Region of Durham Planning Department be forwarded a copy of this report and Council's decision; and 4. That the interested parties listed in this report be advised of Council's decision. Submitted by: Dav . Crome, MCIP, RP.P. Director of Planning Services Reviewed by: tl~ Franklin Wu, Chief Administrative Officer ~ TW*CP*DJC*lw June 1, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 - 615 REPORT NO.: PSD-061-04 PAGE 2 1.0 BACKGROUND 1.1 The King Street East Corridor Study: Final Report ("Study"), prepared by Urban Strategies Inc. and Totten Sims Hubicki, was adopted by Council at the October 27, 2003, meeting. Report PSD-134-03, also adopted at that meeting, outlined the various recommendations contained in that study in the following categories: . Prioritization of action and capital incentives; · Recommended revisions to the Official Plan; · Recommended revisions to the East Main Central Area Secondary Plan; · Recommended revisions to the Zoning By-law; · Recommendations for the Regulation of Drive-throughs in the King Street East Corridor; and · Transportation recommendations. 1 .2 The recommendations for the Regulation of Drive-throughs in the King Street East Corridor was addressed in recommendation 4 (3) of Report PSD-134-03. It proposed that a zoning amendment be prepared to implement the drive-through prohibition areas for the downtown areas of Bowmanville anq Newcastle in accordance with the existing policies of the Clarington Official Plan. The study indicated that existing lot sizes and building configurations in the historic downtown areas are not appropriate for the development of drive through facilities, in consideration of the recommended site and design criteria described in the Study report. 1.3 Section 5.3 of the Bowmanville East Main Central Area Secondary Plan prohibits drive through retail establishments from locating within a Street-Related Commercial Area designation in the downtown portion of the Plan. Section 5.3 of the Newcastle Village Main Central Area Secondary Plan contains an identical provision. The Municipality's Zoning By-law has never been amended to implement this provision. 1.4 The policies of the Bowmanville East Main Central Area Secondary Plan and Newcastle Village Main Central Area Secondary Plan requires land designated Street-Related Commercial to be developed in accordance with section 10.3.2 of the Official Plan. This policy requires a development to be compatible with the existing built form of the historic downtown areas. Buildings of high architectural quality are to be located close to the street with provisions for walkways, pedestrian lighting, seating and enhanced streets capes to encourage social interaction. Drive-through facilities are typically automobile focused, requiring large areas for drive-through queue lines, which is not in keeping with the pedestrian oriented design principles of this policy. 1.5 Section 19.5.4 of the Official Plan indicates that King Street is the primary commercial street for the Bowmanville and Newcastle communities and should provide a high quality urban environment for pedestrians. Given that drive-through facilities are typically designed to focus on the automobile rather than the pedestrian, prohibiting such establishments would meet the objective of this policy. 616 REPORT NO.: PSD.061-o4 PAGE 3 2.0 PUBLIC NOTICE 2.1 Notice of the public meeting was provided in accordance with the provisions of the Planning Act and the Municipality of Clarington Official Plan. Notice was placed in the Canadian Statesman on May 12, 2004. 2.2 As of the writing of this report, staff have received two enquiries seeking clarification on the proposed amendment. 3.0 AGENCY COMMENTS 3.1 The application was circulated to relevant agencies for comment. The Clarington Engineering Services Department and Durham Region Planning Department have no objections to the application. 3.2 The Durham Region Planning Department has noted that the subject lands are designated Main Central Area in Durham Regional Official Plan. The Durham Regional Official Plan intends for Main Central Areas to offer an integrated array of residential, office, retail and service and mixed uses, particularly along arterial roads and in conjunction with present and potential transit facilities. In the consideration of development activities abutting or adjacent to arterial roads, municipalities are encouraged to promote pedestrian-oriented uses, accessible by transit and at the highest densities. The proposed by-law must have regard for the Region's Main Central Area policies. 4.0 STAFF COMMENTS 4.1 The Official Plan prohibits drive-through facilities in Street-Related Commercial Areas in the downtown of Bowmanville and Newcastle Village. The proposed zoning amendments (Attachment 3) amend the Municipality's Comprehensive Zoning By-law to implement the Clarington Official Plan policies. 4.2 The lands designated Street-Related Commercial in the Downtown portion of the Bowmanville East Main Central Area and the Newcastle Village Main Central Area are identified in Attachments 1 and 2 respectively. In Bowmanville, these lands are predominantly zoned C1-1. The C 1-1 zone exempts permitted non-residential uses from providing parking spaces and loading spaces as required in Section 3 of the Zoning By-law. This provision recognizes the existing built form of the historic downtown areas and the desire to maintain a pedestrian focused environment. 4.3 Properties zoned "General Commercial (C1)" and "General Commercial Exception C1- 1)" will be zoned "General Commercial Exception (C1-33)" and "General Commercial Exception (C 1-34)" respectively. These two new exceptions prohibit the use of a drive- through facility while maintaining all other current zone permissions. In addition, the applicable sections for "General Commercial Exception (C1-4)", "General Commercial Exception (C1-12)", and "General Exception (C1-25)" will be deleted and replaced with 617 REPORT NO.: PSD-061-04 PAGE 4 a new section to prohibit the use of a drive-through facility while maintaining the intent of the original section. 5.0 CONCLUSIONS 5.1 It is recommended that the Zoning By-law Amendment contained in Attachment 3 be passed to implement the policies of the Clarington Official Plan. Attachments: Attachment 1 - Key Map - Downtown Portion of the East Main Central Area (Bowmanville) Attachment 2 - Key Map - Main Central Area (Newcastle) Attachment 3 - Zoning By-law Amendment List of interested parties to be advised of Council's decision: Glen Broil Glen Schnarr & Associates Inc. 10 Kingsbridge Garden Circle Suite 700 Mississauga, ON L5R3K6 Theresa Vanhaverbeke 20 Robert Street West, Unit 1A Newcastle, On L 1 B 1 C6 Mike Bisset Cassels, Srock and Blackwell Suite 2100, Scotia Plaza 40 King Street West Toronto, ON M5H 3C2 618 ATTACHMENT 1 w.J ~ '" or ::0 m w CLARINGTON ~ BEECH ~ CENTRE <( I U w w m w > <( J W -l o U ,...-, Downtown Portion of the East Main Central Area (Bowmanville) L._..J l~~8ibl Subject Lands (Street Related Commercial) ZBA 2004-015 619 ATTACHMENT 2 (l) \ 'I / 'I, II I, 'III, '111, II, I 3Nl:lO 3SnOH>lOOl:l8 \ T: IIWH'J' I I~( 'I 'I ~I \ > >- <(, '(Il_ , ~,~- 0' ,~ \ 03, "'-, \ 3^ll:IO 3SnOH>lOOl:l8 ---'I ~ TT e--- 'l:IO ~ 1-( I '" ~r-- (Il o L }SR- 1 ~ --!---j W ~ :5 ~ :i)!1-- , '- -' i- I \ i---p" 3^ll:IO l:I3rlcfv'H ll:1 , I d~E=j I 1:~~8H 3^ll:IO Ci3l1n8: I ~ 1< , >-,... liLk ~n ffiIj]'OCi '~3Ci ,,' [:j~'F "" c., ;;:.., . ~ wi.,> 3i ;;: .- .,~ ~It>," .iF .~tiCJlS :HJl:InIH ""J ~ rXj;.iC. /J,J. ~ I ~ ~ G?"~ "'~ fUl ~ W ,,;I..; ~ u 'lS NIMOlVS C L ~ "" f-- "'L~ 1----' ~~ I- II -~ I--~i gsi\:!lS~ 3..f.jllnVo~ ~== <( 'J' ~il': I- U_ '" f---:J - "'_~ v---, :J t5-"'- / z- I mS CiIVNo~ ~- .. 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U U Gl .1: :c' III ::s ::!!:cn [J~ T I w ~ (Il Hln It) 'I"" Q I "l:t Q Q N <( m N THE 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 Clarington deems it advisable to amend By-law 84-63, as amended, of the former Town of Newcastle to prohibit the use of a "drive through facility" (ZBA 2004-015); NOW THEREFORE BE IT RESOLVED THAT 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 subsection 16.5.33 as follows: "16.5.33 GENERAL COMMERCIAL EXCEPTION (C1-33) ZONE (1) Notwithstanding the provisions of 16.1(b), no person shall use any land or erect or use any building or structured located in a C1-33 zone for: i) a drive-through facility. (2) 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 estabiishment, dry cleaning distribution centre, eating establishment, eating establishment drive-in, eating establishment take-out, motor vehicle fuel bar, motor vehicle service station, retail commercial establishment, service shop, light, service shop, personal, shopping centre, or supermarket. Despite the above, a drive- through facility does not include a motor vehicle wash." 2. Section 16.5 "SPECIAL EXCEPTIONS - GENERAL COMMERCIAL (C1) ZONE" is hereby amended by adding a new subsection 16.5.34 as follows: "16.5.34 GENERAL COMMERCIAL EXCEPTION (Cl-34) ZONE (1) Notwithstanding the provisions of 3.13, 3.16 and 16.1 (b), no person shall use any land or erect or use any building or structured iocated in a Cl-34 zone for any residential or non-residential purpose unless the provisions of this Section and applicable provisions of the aforesaid By- law 84-63 are satisfied: i) a drive-through facility shall not be permitted; 621 ATTACHMENT 3 ii) permitted non-residentiai uses are exempt from the parking and loading space requirements. (2) 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 iane. 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, motor vehicle fuel bar, motor vehicle service station, retail commercial establishment, service shop, iight, service shop, personal, shopping centre, or supermarket. Despite the above, a drive- through facility does not include a motor vehicle wash." 3. Section 16.5 "SPECIAL EXCEPTIONS ~ GENERAL COMMERCIAL (C1) ZONE" is hereby amended by adding a deleting subsection 16.5.4 and replacing it with a new subsection 16.5.4 as follows: "16.5.4 GENERAL COMMERCiAL EXCEPTiON (C1-4) ZONE (1) Notwithstanding the provisions of 16.1(b), no person shall use any land or erect or use any building or structured located in a Cl-4 zone for any residential or non-residential purpose unless the provisions of this Section and applicable provisions of the aforesaid By-law 84-63 are satisfied: i) a drive-through facility shall not be permitted; ii) in addition to the other uses permitted in the C1 Zone, may be used for a dry cleaning establishment which uses a Dry to Dry or Closed Loop System as defined by the Environmental Protection Act. The placement of buildings and structures shall be subject to the zone regulations set out In Section 16.3. (2) 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, motor vehicle fuel bar, motor vehicle service station, retail commercial establishment, service shop, light, service shop, personal, shopping centre, or supermarket. Despite the above, a drive- through facility does not include a motor vehicle wash." 4. Section 16.5 "SPECIAL EXCEPTIONS - GENERAL COMMERCIAL (C1) ZONE" is hereby amended by adding a deleting subsection 16.5.12 and replacing it with a new subsection 16.5.12 as follows: "16.5.12 GENERAL COMMERCIAL EXCEPTION (C1-12) ZONE (1) Notwithstanding the provisions of 16.1(b), 16.3 (a) and (d) and 3.21 (a) no person shall use any land or erect or use any building or structured located in a C1-12 zone for any residential or non-residential purpose unless the provisions of this Section and applicable proviSions of the aforesaid By-law 84-63 are satisfied: a) Non-Residential Uses: i) a drive-through facility shall not be permitted 622 b) Regulations: i) front yard (minimum) nil ii) building height (maximum) 17 metres iii) setback requirements where the existing Mill abuts an Environmental Protection (EP) zone 1 metre iv) notwithstanding the setback requirements of Section 3.21(a), as amended by 16.5.12(b)(iii), any new structure shall be set back a minimum of 30 metres from the edge of the Bowmanville Creek. (2) In this Section, the term: "Drive-Through Faciiity" 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, motor vehicle fuel bar, motor vehicle service station, retail commercial establishment, service shop, light, service shop, personal, shopping centre, or supermarket. Despite the above, a drive- through facility does not include a motor vehicle wash." 5. Section 16.5 "SPECIAL EXCEPTIONS - GENERAL COMMERCIAL (C1) ZONE" is hereby amended by adding a deleting subsection 16.5.25 and replacing it with a new subsection 16.5.25 as follows: "16.5.25 GENERAL COMMERCIAL EXCEPTION (C1-25) ZONE (1) Notwithstanding the provisions of 3.14, 3.16(a), 16.1(b) and 16.3 no person shall use any land or erect or use any building or structured located in a C1-25 zone for any residentiai or non-residential purpose unless the provisions of this Section and applicable provisions of the aforesaid By-law 84-63 are satisfied: a) Non-Residential Uses: i) a drive-through facility shall not be permitted b) Regulations: i) lot area (minimum) 0.2 hectares ii) lot coverage (maximum) 780 square metres iii) lot frontage (minimum) 35.0 metres iv) lot depth (minimum) 60.0 metres v) front Yard (maximum) 0.3 metres vi) exterior Side Yard (maximum) 0.3 metres vii) buiiding Height (minimum) 3 storeys viii) landscaped open space (minimum) 10% ix) a maximum of 50% of the lot area may be used for the parking of motor vehicles; x) all additions, including handicapped ramps to the heritage resource building located within the "C1-25" zone are limited to the rear yard and/or the interior side yard; xi) where lands zoned "C1-25" abut lands zoned "C1" and the boundary between these two zones is interpreted as a lot line, this provision shall only apply to the regulations contained in this section; xii) notwithstanding Section 16.5.25(b) xi) of this by-law, parking required for lands zoned "C1-25" may be accommodated on abutting lands zoned "cr and "C1-24. ~ 623 (2) In this Section, the term: a) "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 vehicies 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, motor vehicle fuel bar, motor vehicle service station, retail commercial establishment, service shop, light, service shop, personal, shopping centre, or supermarket. Despite the above, a drive-through faciiity does not include a motor vehicle wash. b) "Heritage Resource Building" means a building or structure that has been recorded in the Municipality's list of heritage bulidings as being a historical and/or architectural importance." 6. Scheduie "3" and Schedule "5" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "General Commercial (C1)" to "General Commercial Exception (C1-33); and "General Commercial Exception (C1-1)" to "General Commercial Exception (C1- 34)" as shown on the attached Schedule "A" hereto. 7. Schedule "A" attached hereto shall form part of this By-law. 8. This By-iaw shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 2004 BY-LAW read a second time this dayof 2004 BY-LAW read a third time and finally passed this day of 2004 John Mutton, Mayor Patti L. Barrie, Municipal Clerk 624 This is Schedule "A" to By-law 2004- passed this day of . 2004 A.D. , " o " =:J U VI lEtJ~~ , , \, \ \ \ '\ (1\ \ \ ~~--, ',,~ . \ \ \ , ' '. ' \ \ ~ ZONING CHANGE FROM "C1" TO "C1-33" 1:::1 ZONING CHANGE FROM "C1-1" TO "C1-34" ..;ohn Mutton, Mayor Patti L 8crr:e, Municipal Clerk \.\ . , :1 \ i ) '\Ji\, ~'.. ~ '" , BOWMANVILLE " " \\ 625 . " . This is Schedule ''A-1'' to By-law 2004- passed this day of .2004 A.D. , I I I \ I ) :r: f- WILMOT STREET n:: :r: ,0 J f- Z n:: If- f- a w z w w w n:: CJ n:: f- f- (f) W (f) n:: n:: :r: f- f- (f) W n:: ~ a --' z --' ~ lD KING AVENUE WEST KING AVENUE EAST :r: f- :r: CJ :::> f- a :::> w (f) a n:: (f) f- f- (f) W ~ W (f) z n:: i f- ~ (f) n:: 0 EMILY STREET WEST --' STREET EAST ~ ~I I ~, I~I m~i ~ ZONING CHANGE FROM "C1" TO "C1-33" John Mutton, Moyor ~ ~' . c .; Jr ,E~\~'~'''~ r ST_; W. \ ~ r -.J Newcastle Petti ~. Barrie, .Vh.;n:cipal Clerk ct ~v ~ ~ ~E'I ~;~' " "", S, W ST. '. , ~2~~~Tn crn;j rIJ~ ~ ," -f:=j~ -----, I r----jt;;1 !5_ -----.- ~:;: JCY --. ,to wc::=cJs;~-t-~r---+---<~f----'H >~ .rt=::i==ct:~_~ -'CCU'F c-. ST E "I' c~ '--j ~~ ~rn- '~m",;oo, ,~. i----L.J, ~'"'' ooF, ,'"',~ ;,' xJ, l. 'I I ' I I ! " ',,-~- \ on ,::3 ~'-.JJ:ED III 1!:!lil' !":I' t.GWAR;) S'- "'_ ."" ~T_ E. "" L:'I.'A'iD 'S~~E~: :':$'" I" I ',1 i I I I I l~nTTI U f---L--iLll.~ II i I : I : ! ' I ~ WJJ 626