HomeMy WebLinkAboutPSD-083-02
CI!J!mgron
REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Report #:
Monday, September 9, 2002 V / Y
PSD-083-02 File #: ZBA 2000-022
CfJfJ-c3/1-O? .
By-law #:
Date:
Subject:
REZONING APPLICATION
APPLICANT: THE TDL GROUP L TO (TIM HORTONS)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-083-02 be received;
2. THAT the application to amend Zoning By-law 84-63, submitted by The TDL Group LId,
on behalf of Equibanc Funding Inc, be APPROVED and that the amending by-law, as
per Attachment 2 be passed by Council;
3. THAT a copy of this Report and Council's decision be forwarded to the Region of
Durham Planning Department; and
4. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
Reviewed by:
Orc~~
~
~. Crome, M,C,I.P.,R.P,P.
Director, Planning Services
Franklin Wu
Chief Administrative Officer
BR*L T*DC*df
30 August 2002
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANViLLE, ONTARIO L 1C 3A6 T (905)623,3379 F (905)623,0830
647
..
REPORT NO.: PSD-083-02
PAGE 2
1.0 APPLICATION DETAILS
1.1 Owner: Equibanc Funding Inc,
1,2 Applicant/Agent: The TDL Group LId,
1,3 Rezoning: from "Special Purpose Commercial Exception (C5-1) Zone"
to "Neighbourhood Commercial Exception (C2-7) Zone",
1.4 Area: 0,534 hectares (1,32 acres)
1,5 Location: The area subject to the proposal is located at the northeast
corner of the Highway 2/King Street and Centerfield Drive
intersection with a municipal street address of 1502 Highway
2/King Street, Courtice, The more formal location
description is Part Lot 33, Concession 2, former Township of
Darlington,
2.0 BACKGROUND
2,1 On August 18, 2000, the Planning Services Department received an application
to amend Zoning By-law 84-63 in order to permit two (2) restaurants (Tim Horton
Donuts and Pizza Pizza),
2,2 On October 2, 2000, a public meeting for this application was held, A resident
offered the following comments for Committee's consideration:
. Ten plazas exist on Highway No.2 between Townline and Courtice Roads,
only one of them fully leased out.
. Access onto Centerfield Drive will only be disastrous for Centerfield Drive
traffic turning onto Highway No.2,
. What about the on-site and nearby natural environment.
. Why not soccer field or tourist information centre,
. A petition with 150 names from the area was submitted,
648
REPORT NO,: PSD-083-02
PAGE 3
2.3 A representative of the applicant along with the applicant's planning consultant
indicated that they would work with the Community to resolve issues, It was
noted that the Environmental Impact Study process had been initiated,
Furthermore, they were willing to assist with the cost of signalization at the
Centerfield Drive/Highway No, 2 intersection,
2.4 As a result of the public notification process, a number of telephone inquiries
were received. The following would summarize the issues raised:
. Of interest were the names of the companies associated with the restaurants,
. The necessity of the proposed restaurants in Courtice,
. The amount of wildlife on the property was noted,
. Access to the site was questioned as was the increased traffic that would
result from the proposal.
Staff, in commenting on the environmental aspects of the property, noted that
due to the proximity of the property to the Farewell Creek, an Environment
Impact Study would be required, Through the Study any development and/or
environmental conflicts, the mitigation measures and the exact limits of the
Environmental Protection area would be established,
2.5 The original applicant, C,RAF,T, Construction Group Inc, and one of the two
tenants, Pizza Pizza, abandoned the applications in 2001, The remaining tenant,
The TDL Group Ltd, (Tim Hortons) assumed ownership of the project application
and submitted a revised application September 25, 2001.
2,6 Staff had serious concerns with the urban design aspects of the proposal and
conveyed such to the applicant. The applicant did not concur with Staffs
concerns, Staff solicited the assistance of Page & Steele, Architects Planners, in
June to assist in developing an urban design acceptable to both parties, A
report was prepared and forwarded to Tim Horton's at the end of June, On July
64;9
,REPORT NO.: PSD-083-02
PAGE 4
16, 2002 a revised site plan incorporating the recommendations of the report was
submitted, This plan was circulated to obtain comments from all agencies,
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3,1 The site is currently vacant. It is a plateau on the west bank of the Farewell
Creek, The site is treed at its eastern and northern edges,
3.2 The surrounding land uses are as follows:
North - Urban Residential with single detached dwellings
South - Highway 2 and beyond, Urban Residential
East - Farewell Creek Valleylands
West - Centerfield Drive and beyond, Neighbourhood Commercial
4.0 PUBLIC NOTICE AND SUBMISSIONS
4.1 Public Notice for this, a second public meeting was given by mail to each
landowner within 120 metres of the subject property and public notice signs were
installed on the Highway 2/King Street and Centerfield Drive frontages,
4,2 Resulting from the public notification process to date, Planning Services has
received, in addition to individuals making updated inquiries, one telephone and
e-mail inquiry, The caller felt that the traffic situation at the Highway No.
2/Centerfield Drive intersection would still be impacted in a negative manner.
The e-mail inquiry requested clarification on the status of the E,I.S, as well as
information on the nearest distance between the Farewell Creek and the
developable portion of the site. With respect to the design for runoff on site, it
was confirmed the post development runoff would not exceed predevelopment
rates, Furthermore, it was noted the design of the project did not require the
necessity of any underground storage tanks,
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.REPORT NO.: PSD-083-02
PAGE 5
5.0 OFFICIAL PLAN CONFORMITY
5,1 The Durham Regional Official Plan designates the subject property as Living
Area and Major Open Space - Environmentally Sensitive Area, With the
guidance of the Environmental Impact Study the application conforms,
5,2 The Clarington Official Plan designates the subject property a Neighbourhood
Commercial Node shared with the property on the west side of Centerfield Drive,
Environmental Protection Area abuts the east boundary of the property, With the
guidance of the Environmental I mpact Study the application conforms.
6.0 ZONING BY-LAW COMPLIANCE
6.1 Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle,
the subject property is zoned in part "Special Purpose Commercial Exception
(C5-1)" which permitted the previous use - the motel, and in part "Environmental
Protection (EP)". The application does not conform, hence, this rezoning
application,
7.0 AGENCY COMMENTS
7 ,1 The rezoning application was circulated to various agencies and other
departments by the Planning Services Department. Comments received to date
are as follows,
7,2 Hydro One Networks Inc, had no concerns,
7.3 The Regional Planning Department has stated the proposed use conforms to the
policies of the Regional Official Plan, No provincial interests were identified,
7.4 The Regional Works Department commented:
. that in locations similar to the proposal's, post-development traffic movements
are sometimes unpredictable and/or difficult to pre-determine, However, at
this time, there will not be a collection of funds from the applicant for traffic
651
.REPORT NO.: PSD-083-02
PAGE 6
signals, The Department does require, however, a letter of understanding
from The TDL Group Ltd, that they will contribute up to $100,000,00 towards
the installation of traffic signals when and if it is triggered by a traffic
need/warrant attributable to the traffic generated by the proposal. This
condition has been discussed with TDL Group Ltd, It was agreed they would
contribute towards the cost of Highway 2/Centerfield Drive traffic signals on
the condition that a traffic control signal warrant has been satisfied;
. full municipal services are available to the subject property from existing
facilities on Centerfield Drive and the Region's easement at the north-western
boundary of the subject property;
. a Highway 2 road widening and a site triangle at the highway intersection with
Centerfield Drive as shown on the site plan, are required to be dedicated to
the Region;
. the construction of a west-bound turn lane at the Highway 2/Centerfield Drive
intersection is warranted and a detailed geometric design drawing and tender-
based cost estimate must be submitted for Regional approval and later an
appropriate monetary deposit must be given;
. a detailed site servicing plan, a signed Regional connection application and
related monetary deposit must be given;
. the Region's commercial development charge form and required payment
must be completed prior to issuance of a building permit; and
. all requested road widenings and sight triangles must be completely
conveyed to the Region, free and clear of all encumbrances,
7.5 Central Lake Ontario Conservation has no objections to the rezoning if the
portion of the subject property located east of the 5m setback from Top of Bank
is zoned Environmental Protection. The remainder of the property is to be zoned
for the proposed use, The lands to the zoned Environmental Protection are to be
dedicated to the Municipality of Clarington, Central Lake Ontario Conservation
noted that three (3) requirements are to be submitted: an erosion/sedimentation
control plan, delineation of the 100 Year Event ponding on the Grading/Servicing
Plan, locating of the 150 mm orifice on the same plan and in the manhole-
catch basin 1 note, These issues will be dealt with through the site plan approval
process.
652
.REPORT NO.: PSD.083-02
PAGE 7
7,6 The Clarington Emergency and Fire Services Department noted that it is satisfied
with the site plan including the issue of firefighting access,
7.7 The Clarington Engineering Services Department has stated they have no
objection, in principle, to the proposed zoning change, Prior to final approval of
the site plan the applicant will be required to address any and all concerns of the
Engineering Services Department.
8.0 STAFF COMMENTS
8.1 The Environmental Impact Study has determined the development of a
restaurant on the subject property should not produce any important impacts to
the Farewell Creek Valley's natural environment. To ensure any impacts are
minimized the following was recommended:
a) plant an eastern white cedar hedgerow on the northeastern and
southeastern boundaries of the property with planting stock 1,5m tall,
installed on 1,0 metre centers;
b) keep Staghorn Sumac on site where possible to maintain food supply for
wildlife and ensure landscaping around the restaurant incorporates native
species and excludes any non-native invasive species;
c) implement stormwater management measures as described in The TDL
Group Limited (2002) Report and prepare a sediment and erosion control
plan satisfactory to Central Lake Ontario Conservation and the
Municipality of Clarington prior to site plan approval;
d) ensure stabilization of slopes adjacent to the Farewell Creek Valley from
the development site to the limits of the Environmental Protection
designation/zone, Provide temporary fencing at the above limits to
prevent accidental access by construction vehicles, fill or construction
debris;
e) lighting should be directed away from the Farewell Creek Valley; and
f) liller bins should be raccoon proof to minimize the attraction of wildlife
onto the property during operation,
653
.REPORT NO.: PSD-083-02
PAGE 8
The Environmental Impact Study has determined the Farewell Creek Valleylands
top-of-bank and the lands to be designated/zoned Environmental Protection,
The valleylands within the subject property that are to be dedicated to the
Municipality have also been determined.
8.2 With the assistance of the urban design consultant the applicant has generated a
site plan that embraces Highway No, 2 in keeping with the policies within the
Clarington Official Plan. The design itself and the Highway No, 2 exposure
specifically will provide a pedestrian friendly approach, The drive-through
component has been located in such a manner that it does not traverse the
Highway No, 2 frontage, The order speaker has been located as far away as
possible from the residential properties to the north,
Staff will require building upgrades on the building elevations visible from the
street, pedestrian walkways from the street and a mansard style roof line to hide
the roof top mechanicals, The building will contribute to a street presence with
most of the parking and drive-through area behind the building,
8.3 Considerable concern has been expressed regarding off-site traffic flows, The
applicant commissioned a traffic generation and flow study which was reviewed
by the Regional Works Department and the Clarington Engineering Services
Department, neither of which objected to the figures or general findings of the
study. Nonetheless, the applicant has been obligated by the Region to state in
writing that it will fund traffic signals for the Highway 2/King Street and Centerfield
intersection up to an amount of $100,000,00 provided the traffic at the
intersection warrants its signalization. The applicant must also provide a right
turn lane, a Highway 2/King Street road widening and a site triangle at the above
intersection. The need for the Regional Works Connection Application prior to
building permit issuance will ensure these conditions are fulfilled, It is notable
that the original plan for the Tim Horton's restaurant and a Pizza Pizza restaurant
has been abandoned leaving the Tim Horton's restaurant as the sole traffic
654
.REPORT NO.: PSD-083-02
PAGE 9
generator. The drive-through lane will have stacking for approximately 10 to 14
vehicles,
9.0 CONCLUSIONS
9.1 This development completes the Highway No, 2 - Centerfield Neighbourhood
Commercial node. The agencies and departments have been satisfied that any
outstanding issues are technical in nature and will be resolved through the site
plan approval process, should Council deem it appropriate to approve the
rezoning application,
In light of the comments contained within this report, staff respectfully
recommend that the rezoning application be APPROVED in accordance with the
By-law Amendment attached hereto,
Attachments:
Attachment 1 - Site Location Key Map and Property Plan
Attachment 2 - Zoning By-law Amendment
655
,
.REPORT NO.: PSD-083-02
PAGE 10
List of interested parties to be advised of Council's decision:
Ronald Rutman
Equibanc Funding Inc,
201 Bridgeland Avenue
Toronto, ON M6A 1Y7
Libby and Stan Racansky
3200 Hancock Road
Courtice, ON L 1 E 2M1
John Wilson
1421 Highway 2
Courtice, ON L 1 E 2J6
Rhoda Warham
1528 Nash Road
Courtice, ON L 1 E 2K8
Dennis and Marie Racine
11 Centerfield Drive
Courtice, ON L 1 E 1 H5
Marco Rocca
Tim Horton's Donuts
1403 King Street East
Courtice, ON L 1 E 2J6
Jean McBride
15 Valleycrest Drive
Courtice, ON L 1 E 1 J2
Norm and Margaret Tweedle
21 Centerfield Drive
Courtice, ON L 1 E 1 H5
Ann Dubray
7 Valleycrest Drive
Courtice, ON L 1 E 1 J2
David Crosby
2 Belleview Court
Courtice,ON L1E1J1
Mrs. McMillan
5 Cloverfield Street
Courtice, ON L 1 E 1 K3
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ZBA 2000.Q22
Zoning By-law Application
The TDL Group Ltd. (Tim Horton's)
657
THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON
BY-LAW NUMBER 2002.
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the former Town of NewcasUe
WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend BY-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA 2000-022;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the COrporation of the
Municipality of Clarington enacts as follows:
1, Section 17,5 "SPECIAl EXCEPT/ON-NE/GHBOURHOOD COMMERCIAL (C2-
7) ZONE. is hereby amended by adding thereto. the following new Special
Exception 17,5,7 as follows:
"17,5,7 NEIGHBOURHOOD COMMERCiAl EXCEPTION (C2-7) ZONE
Notwithstanding Sections 3,15 e, i), 17,1 b, and 17,3 c, Iv) on those lands zoned
.C2-7. on the Schedules to this By-law may, in addition to the other uses
permitted in the Neighbourl100d Commercial (C2) Zone" be used for an Eating
Establishment and shall be subject to the following zone regulations:
a)
No entrance shall be permitted within 5,0 metres of the boundary of the
side yard lot line boundary of a residential zone
b)
Setback from southeriy street line
2 metres (minimum)
5 metres (maximum)
c)
Rear Yard Setback (minimum)
3,5 metres
2,
d) Any drive-through facility shall be located in the interior side and/or rear
yard:
Schedule "4. to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
", Commercial Exception (C5-1) Z~ne. to "Neighbourl1~",,!
Special ~u, rpE ose t' (C2 7) Zone" as illustrated on the attached Schedule A
CommeJ'CIa xcep IOn - ,
hereto,
Schedule "A" attached hereto shall form part of this By-law.
I . t effect on the date of the passing hereof, subject to
This By-law sha I come In 0 ,
the provisions of Section 34 of the Planning Act.
3,
4,
BY-LAW read a first time this
day of
2002
.1_....
BY-LAW read a second time this
BY -LAW read a third time and finally passed this
2002
day of
2002
day of
John Mutton, Mayor
Patti L. Banie, Municipal Clerk
I ATTACHMENT 2
,"
This is Schedule "A" to By-law 2002- .
passed this day of .2002 A.D.
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John Mutton, Mayor
PdI L. Barrie. Munlclpal Clerk
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COURTICE
659
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N$essage
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Page 1 of 2
Knight-Stanley, Marie
From: Crome, David
Sent: Monday, September 09, 2002 4:59 PM
To: 'Willem VanKooten'
Cc: Russell, Bob; Rowe, Jane; Knight-Stanley, Marie
Subject: FW: THE TDL GROUP LTD. (TIM HORTON'S) -Planning File No.: ZBA2000-0 22
Mru Van Kooten:
Thank you for your submission on the proposed application. Your name will be added to the list of interested
parties and by copy I am requesting that the Clerk's Department forward Council's decision on Report PSD,083--
02 (TDL Group Ltd.). A number of residents expressed concern with respect to traffic and Council has requested
that staff conduct a further study of traffic at this location.
If you have any further inquiries, you may contact Mru Bob Russell of the Planning Services Department
(brussell @municioalitv.clarinqton,on.ca)
Yours truly,
'Davia Crome
David J, Crome
Director of Planning Services
Municipality of Clarlngton
40 Temperance Street
Bowmanville, Ontario, L 1 C 3A6
(905)623'3379
E,mail at: dcrome@municipality.clarington.on.ca
Caution:
This cllluil message and accompanying data may contain infonnatioll that is confidential and may be subject to legal privilege. If you are not the intended recipient.
you are notified that any use, dissemination or copying of this message or datu is prohibited. If you have received this email in error please notify us immediately and
delete the message und any attachments. Thank you
-----Original Message-----
From: Rowe, Jane
Sent: Monday, September 09,20023:24 PM
To: Crome, David
Subject: FW: THE TDL GROUP LTD, (TIM HORTON'S) -Planning File No,: ZBA2000-0 22
Just received this re the Tim Horton's and am forwarding it for your files on the application.
Jane R.
,-,,-Origlnal Message-----
From: Van Kooten, Willem [mailto:willem,vankooten@rbc.com]
Sent: Monday, September 09, 20023:22 PM
To: Rowe, Jane
Subject: THE TDL GROUP LTD, (TIM HORTON'S) -Planning File No,: ZBA2000-0 22
I just became to my attention of the above mentioned proposal in regards to locating a Tim Horton's Restaurant
on the North/East corner of Highway Two and Centerfield Drive, As a resident at 35 Centerfield Drive, I do not
agree with locating a Time Horton's at this location for the following reasons:
. Traffic congestion at the intersection and north on Centerfield Drive will Increase substantially within a
9/10/02
~essage
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Page 2 of 2
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residentiaVschool area.
. There is no need for another coffee shop or franchise within the area (Tim Horton's, Coffee Time, Williams,
etc:),
. The traffic congestion on Highway Two between Townline and Varcoe has been a iong standing issue..
. Courtice is starting to look Scarborough (Strip Malls) along Highway Two,
. Currently the traffic along Centerfield Drive has substantially increased over the 7 years since becoming a
resident. I would like to see speed bumps located on the Drive. This would eliminate or reduce the volume
and the high rate of speed on the Drive.
. Safety of our children and seniors within the area,
. Another place for people to hang out all night long, which would created noise pollution and other
problems.
. Why two Tim Horton's within a short distance of each other (iess than 1 kilometre)?
I would not pass the proposed change as per the above reasons.
Willem Van Kooten
35 Centerfield Drive
Courtice Ontario
L1E 1H6
Home Telephone Number: (905) 435-1037
Business Telephone Number: (416) 955-5206
E,mail Address: willem,vankooten@rbc.com
.
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9/1 0/02
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Add to Report PSD-083-0j'
Norm Me! Marg Twe"rl1e 21 Celltrefield Dr" C9l1rtiee, Outari611~ lIIS-
Lloyd O'Brien 36 Centrefield Dr" Courtice, Ontario LIE IH4