HomeMy WebLinkAboutPSD-008-03
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REPORT
PLANNING SERVICES
Meeting:
COUNCIL
Date:
Monday January 6, 2003
Report #:
PSD-008-03
File #: PLN 8.6.5
By-Iaw#: JO:? 3-0 I
Subject:
STUDY OF KING STREET EAST CORRIDOR
RECOMMENDATIONS:
It is respectfully recommended that Council approve the following recommendations:
1, THAT Report PSD-008-03 be received;
2, THAT Council authorize Staff to undertake a review or study of land use planning policies in the
proposed study area of the King Street East corridor (shown on Attachment 1)
3, THAT Staff be authorized to take all appropriate steps to implement this report and report back
to Council when considered appropriate;
4, THAT Council pass the Interim Control By-law contained in Attachment 2 to this report;
5, THAT notice of the passing of the Interim Control By-law be given in accordance with
Subsection 38(3) of the Planning Act, R.S,O, 1990, C,P, 13, as amended,
Submitted by:
Reviewed by:
OYaJ(2-J-{~
Franklin Wu,
Chief Administrative Officer
David ,Crome, MCIP, R.P,P,
Director of Planning Services
Submitted by:
~~
A,S, Canella, C.E.T,
Director of Engineering Services
SA *CP*DJC*sn
December 19, 2002
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830
REPORT NO.: PsD-008-03
PAGE 2
1.0 BACKGROUND
1,1 Interest in redevelopment or intensification of commercial sites and development of
vacant commercial and residential properties along King Street East, between Liberty
Street and Mearns Avenue has increased recently, The commercial proposals all
include eating establishments with drive-throughs. The Municipality's review of these
applications has identified a number of land use and related traffic concerns, stemming
from the applications, In consideration of concerns identified by staff it is recommended
that a Bowmanville King Street East Corridor Study be initiated, The study area is
identified on Attachment 1,
1,2 The Bowmanville Main Central Area is divided into two parts, The West Main Central
Area comprises the recent development around Clarington Boulevard, It has been the
focus of development activity and interest. The East Main Central Area includes the
historic downtown, a commercial node around the Bowmanville Mall and a transitional
area along King Street East between the two, In the area east of Liberty Street, the
pattern of residential uses combined within each small block has been extensively
modified by the development of strip malls, medical clinics, stand-alone stores and
some higher density residential buildings, The Bowmanville Mall, which anchors the
eastern end, is situated in the centre of its site, removed from the street and there is no
architectural or design elements to link the building itself to King Street East or the
residential neighbourhood to the south, The
1,3 The key objective of the Official Plan is to maintain vibrancy in all sections of the
Bowmanville Main Central Area. The Official Plan controls the rate of development in
the West Main Central Area in order to allow for the historic downtown to remain vibrant
and to allow for the development and redevelopment of lands along the King Street East
corridor to the easterly development limits of the Bowmanville Mall. This policy has
largely been successful and there has been ongoing redevelopment over recent years,
It has been the intent of the Planning Services Department to develop more
comprehensive plans for the redevelopment of the East Bowmanville corridor. Recent
development applications have highlighted some of these problems, including traffic
REPORT NO.: PsD-00S-D3
PAGE 3
operations issues that are becoming more evident as residential development occurs in
the north east portion of Bowmanville,
1.4 Over the long term, there are lands east of the Soper Creek identified for residential and
industrial purposes, When these lands develop, there will be increasing pressure on the
transportation network between Haines Avenue and Liberty Street. In this section, there
is only one road connection - King Street East. Unlike the historic downtown or the
West Main Central Area, there are no existing or planned secondary roads that could
act as relief for the traffic congestion on King Street East east of St. George Street.
Queen Street and Church Street provide this important function in the historic
downtown, Without an adequate secondary road system, it will be even more critical
that King Street East maintains maximum vehicular traffic capacity while providing a
safe environment for pedestrians and cyclists,
1,5 Currently the Municipality of Clarington has three applications submitted for
development or redevelopment of commercial properties in the East Main Central Area,
They are: Tim Hortons Restaurants (the TDL Group) at 258 King Street East
(intersection of King and Galbraith Streets), Kentucky Fried Chicken and Pizza Hut
(Prizm Brandz) at 209-213 King Street East and Williams Coffee Pub at 219 King Street
East. Tim Hortons is seeking to develop a vacant site for both eat-in and drive-through
eating establishment uses, The Kentucky Fried Chicken proposal would introduce a
drive-through service at the existing restaurant. The Williams Coffee Pub would like to
introduce a stand-alone building on an existing strip plaza site with both an eat-in
restaurant and drive-through service, On each site, the drive-through service requires
significant land area for the queuing and will impact traffic conditions in the proposed
Study area,
1,6 The existing zoning, General Commercial (C1), on the Kentucky Fried Chicken/Pizza
Hut and Williams Coffee Pub site permits the proposed uses. The Tim Horton's site is
currently zoned "Holding - Neighbourhood Commercial ((H)C2)", which will require the
removal of the holding symbol prior to the issuance of a building permit for
development. Both the Tim Hortons and the Kentucky Fried Chicken/Pizza Hut
REPORT NO.: PsD-008.03 PAGE 4
proponents have appealed their site plan applications to the Ontario Municipal Board,
The Tim Hortons hearing is set for three days commencing January 21, 2003, and the
Kentucky Fried Chicken/Pizza Hut hearing date is set for February 4, 2003, for one day.
2.0 STUDY AREA AND PURPOSE
2,1 The Study area will extend from Liberty Street in the west to Mearns Avenue in the east.
The study limits will generally follow the boundary of the Bowmanville East Main Central
Area's Secondary Plan, north and south of King Street. To the north it will include lands
to Church Street, including undeveloped lands (identified as Bowtown) between
Kingscourt Road and Galbraith Court and to the south it will be bounded by the south
side of Queen Street and Hobbs Drive (See Attachment 1),
2,2 The purpose of the study is to review the appropriateness of existing land use planning
policies and zoning for the section of King Street East, east of Liberty in the East Main
Central Area, ensure related traffic volumes and traffic flow function safely and
efficiently, and to identify appropriate urban design guidelines, Recommendations of
the Study may require implementation by amendment to the Clarington Official Plan, as
well as amendments to the Zoning By-law, in accordance with the process requirements
of the Planning Act.
2.3 To ensure that a healthy and vibrant downtown is maintained and/or improved, current
Official Plan policies require review for appropriateness to this end. The current zoning
will also require review to ensure it allows for appropriate uses. In addition, design
guidelines are to be prepared for new developments,
2.4 Traffic problems are occurring at present due to traffic volumes on King Street East,
turning movements and pedestrian movements reflecting adjacent developments,
These concerns will be exacerbated by further development of higher traffic generating
uses such as restaurants and drive-throughs, places of entertainment, community uses,
medium and high-density residential development, etc, Some initial traffic analysis has
been done on an ad hoc basis, but a comprehensive review of land use policies and the
REPORT NO.: PsD-008-03
PAGE 5
transportation network in the Study area is necessary to ensure development functions
safely and efficiently and a healthy and vibrant downtown results.
2,5 With the current number of vehicular access points, intersecting streets, and recent high
interest in drive-through services for eating establishments, staff has concerns with the
adequacy of the transportation network, and specifically King Street East, to handle
additional traffic volumes without failure to a smooth, efficient traffic flow. If King Street
East does prove to be inadequate, significant alterations may be required to the existing
road system at a substantial cost to the Municipality. Since road and land uses are
interwoven, road improvements may be required to permit high volume traffic uses,
2,6 Currently King Street East is designated as a Type B Arterial and as a Regional Transit
Spine, A Type B arterial is typically designed to move significant volumes of traffic at
moderate speeds at 60 km/hr in urban areas and have a right-of-way width of 30 to 36
metres, Notwithstanding these provisions, King Street is recognized as the primary
commercial street of Bowmanville with operating speeds of 50 km/hr, The Official Plan
states that the design standard of King Street in a main central area shall reflect the
urban design objectives of the Official Plan and provide a high quality urban
environment for pedestrians, A drive-through service can lead to direct conflict with
pedestrian use as queuing lanes generally encircle an eating establishment or plaza,
thus encouraging pedestrians to cross a vehicular route to enter a commercial business,
2,7 Part of the Municipality of Clarington's Business Plan 2001-2003 is to investigate other
areas that would benefit from corridor studies like the Courtice Corridor Study. East
Bowmanville is the top priority for any future corridor study.
2,8 It is anticipated that the King Street East Corridor Study can be accommodated within
the normal consulting budget of the Planning and Engineering Services Departments
over the 2003 and 2004 period, However, a final determination can be made when the
terms of reference are finalized and they study tendered,
REPORT NO.: PsD-008-03
PAGE 6
3. INTERIM CONTROL BY -LAW
3,1 Section 38 of the Planning Act authorizes Council to pass an Interim Control By-law
where it has directed that a review or study be undertaken in respect of land use
planning policies in the Municipality or in any defined area or areas, An Interim Control
By-law permits a municipality to temporarily freeze development in the area to which it
applies so that the review or study of land use planning policies will not be constrained
or compromised by the establishment of new development in the area in question, In
effect, an Interim Control By-law allows the municipality breathing space to rethink its
land use planning policies in the area concerned by suspending development that may
conflict with any new policy, The limited period of time during which an Interim Control
By-law may remain in effect must be specified in the by-law and cannot exceed one
year from the date on which it is passed, Council may extend this period of time
provided that the total period of time during which the by-law is in effect does not
exceed two years from the date of the passing of the by-law,
3,2 Affected persons have a right of appeal to the Ontario Municipal Board from the passing
of an Interim Control By-law, Also, as in the case of a zoning by-law. non-conforming
uses and buildings are protected from the operation of an Interim Control By-law and
will continue as lawful uses and buildings during the effective period of the Interim
Control By-law,
3,3 On the expiry or repeal of an Interim Control By-law, if Council has not passed a new
zoning by-law or amended its present zoning by-law, the provisions of the zoning by-law
that were suspended will again come into force and effect.
3.4 An Interim Control By-law applicable to the Study area referred to in paragraph 2.1 to
have effect for a period of one year should be passed by Council. This will allow the
Municipality necessary breathing space to proceed with the Study described in Section
2 of this report,
3,5 The recommended Interim Control By-law will is attached in Attachment 2,
REPORT NO.: PsD-008.03
PAGE 7
4. CONCLUSION
4,1 In consideration of the comments contained within the report, it is recommended that
staff be authorized to prepare the terms of reference for a King Street East Corridor
Study and tender the Study, In order to protect the long term interests of the
Municipality, it is recommended that Council pass the Interim Control By-law, as
contained in Attachment 2, Staff will report back with a recommendation on a
consultant to undertake this study,
Attachments:
Attachment 1 - Key Map
Attachment 2 - Interim Control By-law
List of interested parties to be advised of Council's decision:
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CORPORATION OF THE MUNICIPALITY OF ClARINGTON
BY-LAW NUMBER 2003-
being an Interim Control By-law passed pursuant to Section 38 of the Planning
Act, R.S,O, 1990, c'p,13, as amended
WHEREAS staff prepared Report PSD-008-03 identifying the need to undertake a
review or study of the land use planning policies respecting the area shown as "lands
To Which This By-law Applies" on the map contained in Schedule "A" hereto, and
recommending that the review or study of land use planning policies be undertaken;
WHEREAS at its meeting on January 6, 2003, Council directed staff to undertake the
review or study of land use planning policies for the area shown as "Lands To Which
This By-law Applies" shown on the map contained in Schedule "A" hereto;
WHEREAS Council deems It expedient to pass an Interim Control By-law under Section
38 of the Planning Act, R.S,O, 1990, c,P,13, as amended applicable to the area shown
as the "Lands To Which This By-law Applies" shown on the map contained in Schedule
"A" hereto;
NOW THEREFORE, the Council of The Corporation of the Municipality of Clarington
hereby enacts as follows:
1, The use of land, buildings or structures located within the area shown as "lands
To Which This By-law Applies" on the map contained in Schedule "A" attached to
and forming part of this By-law, is prohibited, except a use for one or more of the
fOllowing purposes if permitted by By-law No, 84-63, as amended, on the day
immediately prior to the date of passing of this By-law:
. a bakery shop;
. a day nursery;
. a taxi stand;
. a laundry - coin operated;
. a printing or publishing establishment;
. a service shop light;
. a single detached dwelling; and
. accessory building or structure and an accessory use to anyone or more
of the foregoing uses permitted by the aforesaid By-law No, 84-63 on the
day prior to the date of passing of this by-law.
"
PAGE 2
provided that the regulations applicable thereto contained in the aforesaid By-
law No, 84-63, as amended, are complied with, and provided further that the
temns "day nursery"; "laundry coin-operated"; "printing or publishing
establishment"; "service shop, light"; "single detached dwelling"; "accessory
building or structure"; and "accessory use" have the same meaning that the
terms have in the aforesaid By-law No, 84-63, as amended on the day
Immediately prior to the date of passing of this By-law,
2, For the purpose of clarity a "drive-thru restaurant" is a prohibited use on the lands
building or structures located on as "Lands To Which This By-law Applies" shown
on the map contained in Schedule "A" hereto,
3, This By-law shall come into effect for a period of one (1) year from the date of the
passing of it.
BY-LAW read a first time this 6th
day of
January
2003
BY-LAW read a second time this 6th
day of
January
2003
BY-LAW read a third time and finally passed this
61h
day of January
2003
John Mutton, Mayor
Patti L, Barrie, Municipal Clerk
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