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Home My WebLink AboutPSD-123-03 . roc ~ ... CJ. f1 L~~ REPORT PLANNING SERVICES PUBLIC MEETING Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE T>llf GPP.-40lc-O'!. Monday, October 6,2003 Report #: PSD-123-03 Files #: ZBA 2003-038 By-law #: Subject: REZONING APPLICATION FOR CONVENIENCE COMMERCIAL USE APPLICANT: MARTIN ROAD HOLDINGS LIMITED Regional Road 57 and Hartwell Avenue, Bowmanville RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-123-03 be received; 2, THAT the application submitted by Martin Road Holdings Limited 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: ReVieWedba~~ Franklin Wu Chief Administrative Officer av . Crome, M.C.I.P.,R.P.P. Director, Planning Services RH*CP*DC*sh September 30, 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830 631 REPORT NO.: PSD-123.Q3 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Martin Road Holdings Limited 1,2 Rezoning: To rezone the subject lands from "Holding - General Commercial ((H)C1) Zone" to an appropriate zone to permit a convenience store in addition to other permitted uses within a proposed commercial plaza 1.3 Location: Part Lot 15, Concession 1, former Township of Darlington, northwest corner of Regional Road 57 and Hartwell Avenue, Bowmanville 2.0 LOCATION 2.1 The subject lands are located in Bowmanville at the northwest corner of Regional Road 57 and Hartwell Avenue (See Attachment 1). The applicant's land holdings total 0.90 hectares (2,22 acres). The property is located within Part Lot 15, Concession 1, in the former Township of Darlington. 3.0 BACKGROUND 3.1 On August 7, 2003, Staff received a rezoning application from Martin Road Holdings Limited to permit a convenience store, in addition to other permitted uses, within a proposed 1,892 m2 (20,366 sq. ft.) commercial plaza at the northwest corner of Regional Road 57 and Hartwell Avenue in Bowmanville. 3,2 The applicant submitted a site plan application on June 18,2003 for these lands and is the process of finalizing the development plans. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4,1 The property is generally flat with some sloping towards the existing residential development to the west. 4.2 Surrounding Uses: East: Residential North: Urban residential West: Urban residential South: Vacant commercial block 632 , REPORT NO.: PSD-123.Q3 PAGE 3 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 The property is zoned "Holding - General Commercial ((H)C1) Zone", which does not permit the proposed convenience store. In order to permit the additional use, a rezoning application was submitted for consideration. 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, a number of concerns have been received by area residents. . An area resident has requested that a left hand tuming 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. . 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. . It is questionable whether the plaza would be well landscaped. These comments are addressed in Section 9,2 of this report. 8.0 AGENCY COMMENTS 8.1 The Clarington Engineering Services Department has no objections to the application provided that the applicant enters into a site plan agreement for the development. 633 , REPORT NO.: PSD-123.Q3 PAGE 4 8.2 The Durham Region Planning Department has indicated that the proposal conforms to the Durham Regional Official Plan. Comments from Durham Regional Public Works pertaining to road widenings, entrances, and turning lanes will be accommodated through site plan approval. 9.0 COMMENTS 9.1 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. 9.2 Although staff have 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. · An area resident has requested that a left hand turning lane be provided for northbound traffic on Regional Road 57. Staff have forwarded this request to the Durham Regional Works Department for further review, As the road authority they can best determine whether such a turning lane should be provided. · The proposed plaza will generate additional vehicular traffic on roads, 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 alternative 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 strips, street trees, and entrance plantings generally reflect the intent of the landscape design guidelines. Some further revisions will be required by Staff. 634 REPORT NO.: PSD-123-03 PAGE 5 9.3 A resident has objected to the proposed drive-through restaurant. Although this proposal is identical to a proposal submitted in 1993, the understanding of the impacts of drive-through restaurants has grown since that time. New drive- through policies are emerging from the Bowmanville East Corridor Study. It is Staff's intention to utilize the guidelines emerging from this study in the review of the site plan on this site. They include the following items: 1. The drive-through aisle must be separated from other vehicular traffic, must accommodate a minimum of 12 cars from the pick-up window and cannot interfere with any other parking area. Each space in the queue must be 6.0 metres in length. 2. The entrance to the stacking lane may not be located within 18.0 metres of an entrance from the street to the property, 3. All parts of the drive-through facility, including stacking lane, order beard, pick-up window, may not be located within 12 metres of a residential zone. 4, The loudspeaker must be oriented away from the residential area, 5. A noise study will be required to determine the height and type of noise fence adjacent to the residential area. Staff will meet with the applicant to discuss these design issues. It may be difficult to incorporate a drive-through restaurant on this site in compliance with the above-noted design restrictions, 10.0 CONCLUSIONS 10.1 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. Attachments: Attachment 1 - Key Map 635 , REPORT NO.: PSD-123-03 PAGE 6 Interested parties to be notified of Council's decision: Kelvin Whalen Martin Road Holdings Limited 1029 McNicoll Avenue Scarborough, Ontario M1W 3W6 Frank Harris 3403 Liberty Street North Bowmanville, Ontario L 1C 3K6 Michael Mytko 117 Bonnycastle Drive Bowmanville, Ontario L 1C 4W7 Vivian and Hugh Perkins 12 Candler Court Bowmanville, Ontario L 1C 4S9 636 ~H ~ ~ III @;lm 1 STOREY RESTAURANT 1 STOREY RETAIL / I r , ~ l -> I I -Q I I I I I , I , J. . HARTWELL AVE, Bowmanvllle Key Map ATTACHMENT 1 o 0:: Z ~ <( :::a: ZBA 2003-038 Zoning By-law Amendment Owner: Martin Road Holdings Ltd. 65/