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HomeMy WebLinkAboutPSD-149-04 't ~ Cl!J!mglOn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, December 6, 2004 Report #: PSD-149-04 File #: ZBA2004-037 ~~~J '171 ~Ot.t By-law #: Subject: REGULATION OF THE ESTABLISHMENT OF DRIVE-THROUGH USES WITHIN THE ZONES CURRENTLY DESIGNATED AS C1, C2 AND THEIR EXCEPTIONS IN THE MUNICIPALITY OF CLARINGTON RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PS D-149-04 be received; 2. THAT the proposed zoning by-law amendment be referred back to staff for consideration of comments from landowners and review agencies; and 3. THAT the interested parties listed in this report be advised of Council's decision. Submitted by: Davi . Crome, MCIP, R.P.P. Director of Planning Services Reviewed by: 1(- n linWu, Chief Administrative Officer CP*DJC*sn December 1 , 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 oUb REPORT NO.: PSD-149-04 PAGE 2 1.0 BACKGROUND 1.1 During last four decades, since the advent of fast food type restaurants, the fast food sector has undergone considerable change. At first, developing the "drive-in restaurant", and later, emerging and rapidly proliferating "drive-through restaurants". The drive-through facility is now used with another range of uses such as banks, pharmacies and dry cleaning establishments. This range is continuing to expand as retailers try and cater to the convenience of the consumer. 1.2 This kind of trend has created advantages as well as disadvantages in the public realm. The demand for drive-through uses within the urban areas, commercial centres and business districts has become significantly greater, resulting in a number of planning issues. 1.3 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 20, 2003, meeting. At that meeting, consistent with the study findings, Council also adopted the recommendations for regulating drive-through uses to be addressed in several stages: 1} Drive-throuah facilities within the Stud v Area The zoning amendments proposed for the Study area include provisions for drive-through facilities that are applicable only for the Study Area. This was completed and By-law 2003-153 was approved by the OMB. 2} Site Plan Review Guidelines Using the recommendation from the consultants, staff will prepare Site Plan Review Guidelines for the evaluation of drive-through facilities across the Municipality. This document for site plan review evaluation is currently being prepared. 3} Drive-throuah Prohibition Areas The Official Plan prohibits drive-through businesses within the "historic" downtown areas of Bowmanville and Newcastle. A separate zoning amendment was adopted to implement the drive-through prohibition areas in accordance with the approved Official Plan in June 2004. 4} Drive-throuah zoninq reaulations for the balance of the Municipalitv Zoning regulations similar to those adopted for the King Street Corridor were to be considered for extending to the balance of the Municipality. This is the subject of this public meeting. 1.4 In addition to the above initiatives, on May 10, 2004, Council adopted a site-specific amendment for the proposed commercial development at Hartwell and Regional Road 57 incorporating regulations for drive-through uses similar to those found in the King Street East Corridor. OU~ REPORT NO.: PSD-149-04 PAGE 3 2.0 PROPOSED DRIVE-THROUGH USE REGULATIONS 2.1 An amendment to the C1 and C2 zone provisions and their various exception zones is proposed to introduce regulations for drive-through uses. The Municipality's Zoning By- law currently does not define drive-though uses, except for the more recent specific amendments noted above. As a result, in all zones which permit the term "eating establishment" and "eating establishment, take-out" a drive-through restaurant is permitted to establish without the benefit of regulations specific to the drive-through use. The current zoning by-law regulations did not fully anticipate the potential land use issues and conflicts associated with "drive-through uses". 2.2 Issues associated with a drive-through use are often identified to include traffic congestion at the entry/exit points; long stacking lanes; noise due to idling vehicles, customer radios, and the order-board/communication system; air quality from idling vehicles; and littering and waste. Where a drive-through use is established immediately adjacent to a residential use, these issues are viewed as having greater impact. 2.3 The "General Commercial (C1)" and the "Neighbourhood Commercial (C2)" are zones typically found in Main Central Areas, Sub-Central Areas, Local Central Areas, and Neighbourhood Commercial designations. These zones are in areas typically surrounded by residential uses. In some cases the identified designations encourage mixed-use commercial/residential developments. Development of a drive-through use in these commercial zones is more likely to create compatibility issues with the surrounding residential uses based on one or some of issues identified above. 2.4 The proposed zoning by-law amendment (Attachment 5) amends the Municipality's Zoning By-law to regulate drive-through uses within the C1 and C2 zones, including the various exception zones while maintaining all other current zone permissions. The lands zoned as C1, C2 and their exceptions, where the zone regulations would permit a drive- through use, are shown in Attachments 1, 2, 3 and 4 respectively. 3.0 PUBLIC NOTICE 3.1 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 10 November, 2004 and due to a printing mistake, the notice was republished in the Canadian Statesman and Orono This Week on November 12, 2004. 3.2 As of the writing of this report, staff have received numerous enquiries seeking clarification on the proposed amendment. 010 REPORT NO.: PSD-149-04 PAGE 4 4.0 STAFF COMMENTS 4.1 Other municipalities have started reviewing drive-through uses more closely in the last few years and different approaches have been taken to regulating the development of these uses. Some have incorporated provisions directly in their zoning by-law, while others have decided to only use design guidelines. Design guidelines do not provide the same regulatory strength provided in a zoning by-law allowing some administrative discretion in the review of applications. They form a useful planning tool in the review of applications for proposed drive-through facility on some site planning issues where less prescriptive policies are appropriate. 4.2 Staff have commenced drafting design guidelines for the development of drive-through facilities. Design guidelines for drive-through uses are proposed to be brought forward with the recommendation report on the proposed zoning changes. The design guidelines would be further reaching in their applicability and apply equally to properties zoned C1 or C2, as well as properties zoned C4, typically located along the Highway 35/115, or the C5 zone, typically located in a Highway Commercial designation. These guidelines will be used to review and evaluate proposals for the development of drive- through uses throughout Clarington. The guidelines will complement the regulations of the existing and proposed zoning by-law amendments. The guidelines are proposed to provide direction under a total of nine (9) headings as follows: . Locational Criteria and Site Plan Organization . Vehicular Site Access and Parking . Pedestrian Site Access . Stacking Lane . Lot Size . Building Design . Illumination and Signage . Landscaping . Mitigation from Residential Uses 4.3 The proposed zone regulations as contained in Attachment 5 amend the parent C1 and C2 zones by adding provisions that require the following: . a minimum lot area of 3000 m2 for a drive-through use; . a minimum buffer of 12 m from any component of the drive-through use to residential uses; . a minimum stacking lane queue length for both drive-through restaurant and other drive-through uses; . a separation distance of 18 m from the stacking lane entry to a streetline providing access to the property; . a requirement that a stacking lane not impede or interfere with required parking spaces on the site; . a drive-through facility shall be located within 5 m of a streetline and no stacking lane, parking space or drive aisle shall be permitted within that setback; and . revised parking standards for drive-through restaurant uses. 011 REPORT NO.: PSD-149-04 PAGE 5 The recommended zone provisions are similar to those adopted in the King Street East Corridor. 4.4 Totten Sims Hubicki was the transportation consultant in the King Street East Corridor Study. In preparing for the appeals to the official plan amendment and zoning amendment implementing the recommendations of the Corridor Study, TSH undertook a more detailed review of trip generation, parking and queuing for drive-through uses. This work confirmed that the formation of drive-through queues and the variation in the queue length over the peak period is a complex relationship involving variables such as volume of traffic on adjoining street, staffing, service times, arrival rates and the willingness and patience of customers to wait in a drive-through lane. All these characteristics are quite variable. As a result the work recommended a range of stacking lane queue lengths depending on the corresponding road environment. The proposed by-law indicates a required queue length of 90 metres (15 cars) for sites abutting Type A arterial roads and 72 metres (12 cars) for sites abutting other road classifications. 4.5 TSH's work on the parking requirements concludes that the parking standard of 12 spaces per 100m2 of gross floor area as recommended in the Joint Municipal Study of Fast Food Restaurant Drive-Thru and Parking (SRM Associates, February 2000 is a reasonable standard. 5.0 CONCLUSIONS 5.1 It is recommended that the Zoning By-law Amendment contained in Attachment 5 be referred back to staff and reviewed with the appropriate technical agencies and in consideration of any comments received from the public. That following that review a subsequent report be prepared with recommendations for adoption in January. Attachments: Attachment 1 - Bowmanville Key Map Attachment 2 - Courtice Key Map Attachment 3 - Newcastle Village Key Map Attachment 4 - Orono Key Map Attachment 5 - Zoning By-law Amendment List of interested parties to be advised of Council's decision: Mark Bradley Rich Barnes Justin Watson Id2 ATTACHMENT 1 NASH ROAD CONCESSION ROAD 3 Cl ~ a: '1\ i?; I Cl I ~ ::;: <( I a: ::J Cl .JL- BASELINE ROAD W I HIGHWAY 401 I Area Subject to Rezoning - Bowmanville li 1 ~j . . ATTACHMENT 2 l :c ~ o <( o a: w z ::i z ~ BLOOR STREET Area Subject to Rezoning - Courtice - vi'.1 ~ ) I- UJ UJ ~ I- en o I- Z o ~ o I- ATTACHMENT 3 IWEST I I KING DDD D D n. lorl CJ [J~~ J~-J,(' CJ WI CJ HIGHWAY 401 J: ~D ~D ...J ...J ::2 Area Subject to Rezoning - Newcastle G1J l- I !fj I~ \J ~ I- !fj ~ (%) is g is CENTREVIEW STREET PARK STREET 87''''1 ~ 10tv 87'1t~ "127' D &J:q); 104' &J'~ ~~J' Area Subject to Rezoning - Orono , ' ~ 1- .j ATTACHMENT .. LO ..- ..- - LO C"l ~ ~ :J: (!) :J: ~ ATTACHMENT 5 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2004-_ being a by-law to amend By-iaw 84-63, the Comprehensive Zoning By-law for the Corporalion of Ihe 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 regulate the use of a drive-through facilities in the C1 and C2 zones (ZBA 2004-037). NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 16,3 "Regulations for Non-Residential Uses - GENERAL COMMERCIAL (C1) ZONE" is hereby amended by adding a new 16.3 (I) as follows: "16.3 f. Drive-Through Facility Regulations i) With respecl to non-residential uses, in addition to the uses permitted in Section 16.1(b) a drive-through facility is permitted on lands zoned C1 provided the following provisions a) through h) are complied with: (a) the lot on which the drive-through facility is located has an area of at least 3,000 square melres; (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 sland 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 90 metres where the lot abuts an Arterial Type A Street. and a minimum lenglh of 72 metres in all other situations. a minimum width of 3 metres and any 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 stacking lane is so located that at any lime any motor vehicle which uses it will block, impede or interfere with the use of parking spaces vIi required to be provided on the lot on which the drive-through facility is localed; (e) notwithstanding Section 16.3 (a) (i) and (ii). a building or structure erecled or used for the purpose of a drive-through facility is set back on the lot on which it is located not more than 5 metres from the street line which coincides with the lot line of the lot on which the drive-through restauranl is located; (f) no portion of the stacking lane and no motor vehicle parking spaces or drive aisle to any of such parking spaces are located within the setback area referred to in Section 16.3(f)(i)(e); (g) a direct pedestrian walkway at least 1,5 metres wide which does not intersect with or cross the stacking lane is provided and mainlained on the lot from street line which coincides with a lot line of the lot to an entrance in the building containing the drive-through facility; and (h) notwithstanding the number of parking spaces required by Section 3.16(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 16.3 (I). (i).(c) and (h), 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 16.5.3(1) of 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 melres, a minimum width of 3 metres and any 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; and (b) not less than 1 parking space for each 30 square metres of gross floor area contained in the building or structure, is provided and maintained on the lot. iii) 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. GJ~) eating establishment drive-in, eating eSlablishment, take-out, motor vehicle fuei 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; "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. iv) Notwithstanding the provisions of Section 16.3(f)(i) 10 (iii) uses that in fact were made of land. building or structures. and all buildings or structures for a drive- through facility that in fact were constructed and existed on January _, 2005, and were not prohibited by the provisions of the aforesaid By-law 84-63 on January _' 2005, shall be deemed to be permitted by the provisions of the aforesaid By-law 84-63. as amended by this By-law," 2. Section 16.5,7 "GENERAL COMMERCIAL EXCEPTION (C1-7) ZONE" is hereby amended by adding a), b) and c) after 16.3. 3. Section 16.5.8 "GENERAL COMMERCIAL EXCEPTION (C1-8) ZONE" is hereby amended by adding a), b), c) and (d) after 16.3. 4. Section 16.5.10 "GENERAL COMMERCIAL EXCEPTION (C1-10) ZONE" is hereby amended by adding a) (Ii) after 16.3. 5, Section 16.5.11 "GENERAL COMMERCIAL EXCEPTION (C1-11) ZONE" is hereby amended by adding a) and d) after 16.3. 6. Section 16.5.12 "GENERAL COMMERCIAL EXCEPTION (C1-12) ZONE" is hereby amended by adding (i) after 16.3 a). 7. Section 16.5.14 "GENERAL COMMERCIAL EXCEPTION (C1-14) ZONE" is hereby amended by adding a). b) c) and d) after 16.3. 8. Section 16.5.15 "GENERAL COMMERCIAL EXCEPTION (C1-15) ZONE" is hereby amended by adding a), b) c) and d) after 16.3. 9. Section 16,5,16 "GENERAL COMMERCIAL EXCEPTION (C1-16) ZONE" is hereby amended by adding a). b) and c) after 16.3. ul.j 10. Section 16,5.17 "GENERAL COMMERCIAL EXCEPTION (C1-17) ZONE" is hereby amended by adding a), and b) after 16.3. 11. Section 16,5.18 "GENERAL COMMERCIAL EXCEPTION (C1-18) ZONE" is hereby amended by adding b) after 16.3. 12. Seclion 16.5,19 "GENERAL COMMERCIAL EXCEPTION (C1-19) ZONE" is hereby amended by adding a), b) and d) after 16.3. 13. Section 16.5,20 "GENERAL COMMERCIAL EXCEPTION (C1-20) ZONE" is hereby amended by adding b) after 16.3. 14. Section 16.5.25 "GENERAL COMMERCIAL EXCEPTION (C1-25) ZONE" is hereby amended by adding a)(i)(iii). b) c) and d) after 16.3. 15. Section 16.5.26 "GENERAL COMMERCIAL EXCEPTION (C1-26) ZONE" is hereby amended by adding a)(ii) after 16.3, 16. Section 16.527 "GENERAL COMMERCIAL EXCEPTION (C1-27) ZONE" is hereby amended by adding a)(iii) after 16.3. 17. Section 17.3 "Regulations for Non-Residential Uses NEIGHBOURHOOD COMMERCIAL (C2) ZONE" is hereby amended by adding a new 17.3 h) as follows: "17.3 h. Drive-Through Facility Regulations i) With respect to non-residential uses, in addition to the uses permitted in Section 17.1(b) a drive-through facilily is permitted on lands zoned C2 provided the following provisions a) through h) are complied wilh: (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 slreet 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 90 metres where the lot abuts an Arterial Type A Street, and a minimum length of 72 metres in all other situations, a minimum width of 3 metres ~j- ;:' V and any entrance to it is located a minimum of 18 metres from a portion of a streelline which coincides with any portion of a lot line of the lot; (d) no part of a stacking lane is so located that at any time any molar 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) notwithstanding Section 17.3 (c) (i) and (ii), a building or structure erected or used for the purpose of a drive-through facility is set back on the lot on which it is located not more than 5 metres from the street line which coincides with the lot line of the lot on which the drive-through restaurant is located; (f) no portion of the stacking lane and no motor vehicle parking spaces or drive aisle to any of such parking spaces are located within the setback area referred to in Section 17.3(h)(i)(e); (g) 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 street line which coincides with a lot line of the 101 to an enlrance in the building containing the drive-through facility; and (h) notwithstanding Ihe number of parking spaces required by Section 3.16(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 facilily. are provided and maintained on the lot. ii) Notwithstanding Section 17.3 (f), (i), (c) and (h). 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 olher provisions of Section 17.5.3(f) of 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 widlh of 3 metres and any 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; and (b) not less than 1 parking space for each 30 square metres of gross floor area contained in the building or structure, is provided and maintained on the lot. iii) 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-Ihrough facility , ' \.; ~v ;~ 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; "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 Ihe 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. iv) Notwithstanding the provisions of Section 17.3(f)(i) to (iii) uses that in fact were made of land, building or structures, and all buildings or structures for a drive- through facility that in fact were constructed and existed on January _, 2005, and were not prohibited by the provisions of the aforesaid By-law 84-63 on January _, 2005, shall be deemed 10 be permitted by the provisions of the aforesaid By-law 84-63, as amended by this By-law." 18. Section 17.5.1 "GENERAL COMMERCIAL EXCEPTION (C2-1) ZONE" is hereby amended by adding c) (i1i) and (iv), e) and g) after 17.3. 19. Section 17.5.3 "GENERAL COMMERCIAL EXCEPTION (C2-3) ZONE" is hereby amended by adding c) (ii) and g) after 17.3. 20. Section 17.5.5 "GENERAL COMMERCIAL EXCEPTION (C2-5) ZONE" is hereby amended by adding c) (i) and (iv) after 17.3. 21. Section 17,5.6 "GENERAL COMMERCIAL EXCEPTION (C2-6) ZONE" is hereby amended by adding c) (i), (iii) and (iv), after 17,3, 22. Section 17.5.8 "GENERAL COMMERCIAL EXCEPTION (C2-8) ZONE" is hereby amended by adding c) (i), (ii), after 17.3 23. 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 read a first time this day of 2005 BY-LAW read a second time this dayof 2005 BY-LAW read a third time and finally passed this day of 2005 John Mutton, Mayor Palli L. Barrie, Municipal Clerk c-,~ ,~