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Report To: Planning and Development Committee
Date of Meeting: June 4, 2018
Report Number: PSD -045-18 Resolution Number: PD -114-18
File Number: ZBA 2018-0013 By-law Number:
Report Subject: An application by IBIS Foods Inc. to amend the Zoning By-law to
allow a drive-through, accessory to a proposed Tim Hortons.
Recommendations:
1. That Report PSD -045-18 be received;
2. That staff consider the public comments received in the further processing of the Zoning
By-law Amendment application ZBA2018-0013 submitted by IBIS Foods Inc. to permit a
drive-through accessory to a Tim Hortons; and
3. That all interested parties listed in Report PSD -045-18 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report PSD -045-18
Report Overview
Page 2
The purpose of this report is to introduce to the public, a proposal for a drive-through,
accessory to a permitted Tim Hortons restaurant to be located on the northeast corner of
Green Road and Prince William Boulevard in Bowmanville. The consideration of this report
and any public comments offered satisfies the need for a Public Meeting under the Planning
Act. It is recommended that this report be referred back to Staff for further processing and
preparation of a recommendation report.
1. Application Details
1.1. Owner: Valiant Rental Inc.
1.2. Applicant:
IBIS Foods Inc.
1.3. Proposal: IBIS Foods Inc. plans to construct a Tim Hortons coffee and
bake shop. They are seeking an amendment to the Zoning By-
law to allow a drive-through, accessory to the Tim Hortons.
1.4. Location: Northeast corner of Green Road and Prince William Boulevard
1.5. Roll Number: 181701002017200
1.6. Within Built Boundary: Yes
2. Background
2.1. On April 30, 2018, IBIS Foods Inc. applied for a Zoning By-law amendment to allow a
drive-through accessory to a proposed Tim Hortons coffee and bake shop. The proposed
restaurant is a permitted use, however the Zoning By-law does not permit a drive-through
in this location. Relief from this restriction is being sought. The application was deemed
complete on May 8, 2018.
2.2 For several years, the only Tim Hortons with a drive-through in Bowmanville, located at
the corner of Baseline Road and Regional Road 57, has been receiving an
unprecedented number of customer visits. This has led to traffic and safety issues for
both pedestrians and motorists. The Municipality has worked with the Tim Hortons
franchisee to make changes to this site over time to improve safety and increase the
length of the vehicle queuing area.
2.3 In July, 2010, Council approved a Tim Hortons with drive-through on the northwest corner
of Regional Road 57 and Aspen Springs Drive in Bowmanville. In 2017, permits were
issued for the construction of a Tim Hortons restaurant at that location, however the site
owner later decided not to develop the property for the approved purposes (Tim Hortons
and a gas bar with car wash and convenience store). This left the Tim Hortons
franchisee in search of a new site. Valiant Rentals Inc., owner of Clarington Centre and
Municipality of Clarington
Report PSD -045-18
Page 3
IBIS Foods Inc., Tim Hortons franchisee, have come to an agreement to locate a Tim
Hortons restaurant at the corner of Green Road and Prince William Boulevard in
Bowmanville (Figure 1), in lieu of the location where the franchisee had previously
arranged. The previously approved location on Aspen Springs Drive would have been
open by now had the site owner allowed construction to proceed.
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Figure 1: Proposed site plan
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2.3 Studies submitted with the application include a Planning Rational Report and a Traffic
Brief. Additional plans and studies will be submitted as part of the site plan application.
3. Land Characteristics and Surrounding Uses
3.1 The surrounding uses are as follows:
North - Clarington Centre — a variety of commercial uses, including Loblaws.
South - The Modo North condominium townhouse development under
construction.
East - Clarington Centre — a variety of commercial uses, including the former
Target store.
West - An existing low rise residential area comprising townhouses on a service
lane.
Municipality of Clarington
Report PSD -045-18
Page 4
3.2 The subject site is located within the Clarington Centre commercial development (Figure
2). This site was originally developed as a multi -tenant commercial site more than 20 years
ago. The Tim Hortons is proposed to be located in the southwest corner of the Clarington
Centre site. The McDonald's and the TD bank at Clarington Centre both have drive-
throughs. The drive-through for the TD bank was approved by amendment to the Official
Plan and Zoning By-law in March, 2013. The McDonald's restaurant is older and therefore
did not require the same approvals for the drive-through.
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Municipality of Clarington
Report PSD -045-18 Page 5
4. Provincial Policy
Provincial Policy Statement
4.1 The site is located within the settlement area of Bowmanville. The Provincial Policy
Statement identifies settlement areas as the focus of growth and development. Within
the settlement areas, planning authorities shall promote opportunities for intensification
and redevelopment where it can be accommodated, considering the availability of
existing infrastructure. The proposal presents an infill opportunity and minimizes
servicing costs and land consumption as the site is already developed. The Provincial
Policy Statement also encourages municipalities to promote long-term economic
prosperity and support opportunities for economic development.
The application is consistent with the Provincial Policy Statement.
Provincial Growth Plan
4.2 The subject lands are within the Built Boundary. The Growth Plan encourages growth in
already built-up areas through intensification and efficient use of existing services and
infrastructure.
The application conforms to the Growth Plan for the Greater Golden Horseshoe.
5. Official Plans
Durham Regional Official Plan
5.1 The Durham Region Official Plan designates the subject property as a Regional Centre.
Regional Centres are to be developed with a full array of commercial, major retail,
institutional, residential, and entertainment uses. The proposed commercial use is
permitted in the Durham Region Official Plan.
Clarington Official Plan
5.2 The Clarington Official Plan designates the subject lands Urban Centre. The lands are
also within the Bowmanville West Town Centre Secondary Plan. Urban Centres are the
primary locations to accommodate growth and are to contain the greatest mix of land
uses. The Bowmanville West Urban Centre is a centre of regional significance providing
the highest level of retail and service uses in Clarington. Urban Centres provide for a mix
of uses, encourage activity along the street edges and support transit and pedestrian
activity. The Clarington Official Plan also encourages the creation of new employment
opportunities in order to achieve the economic goals and objectives of the Municipality.
Secondary Plan
5.3 The Bowmanville West Town Centre Secondary Plan designates the subject lands
General Commercial, which permits a restaurant. A drive-through is not prohibited in the
General Commercial designation.
Municipality of Clarington
Report PSD -045-18
Page 6
5.4 One of the goals in the Bowmanville West Town Centre is to create a unique sense of
place and foster social interaction through high quality architectural treatments and site
planning that provides visual interest at a pedestrian scale. It provides for a range of
opportunities for employment, including service uses such as the proposed Tim Hortons.
6. Zoning By-law
6.1 Zoning By-law 84-63 zones the subject lands General Commercial Exception (C1-14).
The C1-14 zone permits the Tim Hortons restaurant but with no vehicular drive-through
service and therefore a rezoning is required in order to permit a drive-through accessory
to the permitted eating establishment.
7. Summary of Background Studies
Planning Justification Report
7.1 A Planning Justification report was submitted by D.G. Biddle & Associates Limited in
support of adding a drive-through as a permitted use accessory to the proposed Tim
Hortons. The report offers the following observations about the proposed drive-through:
x The restaurant itself is a permitted use and only requires site plan approval;
x The distinction between the Street Related Commercial designation and the General
Commercial designation where a drive-through is prohibited in the first and allowed in
the second;
x Urban design policies of the Official Plan are addressed by the site design and will be
further addressed through the site plan approval process;
x Traffic Impact Study observed that trips generated by the proposed drive-through will
be negligible in the context of the expected future traffic volumes on Green Road and
Prince William Boulevard; and
x Proposed drive-through should be permitted, subject to regulations, as it complies
with all applicable policies and represents good planning.
Traffic Impact Study
7.2 A Traffic Impact Study was completed by LEA Consulting. The Study examined the
existing transportation network conditions, anticipated future conditions and traffic
generated by the proposal for the subject site. This included a review of the conditions at
the intersection of Green Road and Prince William Boulevard and the site entrances from
Green Road and Prince William Boulevard. The Study also reviewed parking and loading
requirements for the proposed use. In conclusion, the Study notes these key points:
x Under current conditions, the intersection and entrances mentioned above operate at
good levels of service;
x Including the planned residential development south of the subject site, the
intersection and entrances are expected to continue to operate acceptably without
any capacity constraints; and
Municipality of Clarington
Report PSD -045-18 Page 7
x The parking and loading requirements for the proposed development can be
accommodated on site, without issue.
8. Public Notice and Submissions
8.1 Public notice was given in accordance with the Planning Act. Public notice was sent by
mail to each landowner within 120 metres of the subject property and the appropriate
signage acknowledging the application was installed on the subject lands (Figure 3). The
public notice was also posted on the Municipal website and in the Planning Services
Departments E -update.
Figure 3: Public notice sign
8.2 As of the writing of this report, Staff have not received any public inquiries about the
proposal.
9. Agency Comments
Regional Municipality of Durham
9.1 As of writing this report, comments have not been received from the Region of Durham.
Municipality of Clarington
Report PSD -045-18
Central Lake Ontario Conservation
Page 8
9.2 The Conservation Authority has not provided comments on this application, however will
be providing comments on the forthcoming site plan application.
Other
9.3 Enbridge Gas has no objection to the proposal. Comments from other agencies have not
been received as of writing this report.
10. Departmental Comments
Engineering Services
10.1 Prior to approval of an application for site plan approval, the applicant will be required to
satisfy comments from Engineering Services. The internal entrance to the proposed
drive-through lane is located in close proximity to the internal entrance for the segregated
parking area for the restaurant. The vehicle queue for the drive-through lane has
potential to conflict with the internal parking area entrance. The final site design must
ensure that the ingress and egress for any parking areas will not be adversely affected by
the drive-through lane. There are two entrances on Prince William Boulevard located in
close proximity to the proposed drive-through lane. The final design for the proposed
development must be compatible with these existing entrances.
10.2 Several comments were provided to the applicant with regards to trip generation and
peak time, and clarification on seasonal shifts were requested. Up-to-date traffic counts
in the area were provided to the traffic consultant. The Traffic Impact Study and updates
to it will continue to be reviewed as part of the future site plan application. The final site
design may require addition signage or other measures that ensure that any vehicle
queue for the drive-through that extends beyond the dedicated drive-through lane does
not adversely affect on-site traffic for the overall development.
Building Division
10.3 No comment on the proposed rezoning to allow a drive-through.
Emergency and Fire Services
10.4 No objection to the proposed rezoning to allow a drive-through.
Operations Department
10.5 No objection to the proposed rezoning to allow a drive-through.
Municipality of Clarington
Report PSD -045-18 Page 9
11. Discussion
11.1 There are currently two Tim Hortons locations in Bowmanville. A Tim Hortons restaurant
with drive-through is located on the southwest corner of Regional Road 57 and Baseline
Road and a take-out Tim Hortons is located in the Bowmanville Walmart. Based on the
number of guests served at the Tim Hortons Restaurant at Baseline Road, there is
tremendous demand for a second Tim Hortons restaurant with drive-through service in
Bowmanville. The franchisee of the proposed location on Green Road is the franchisee
of the other two locations in Bowmanville. She is seeking an additional location with a
drive-through to alleviate the very congested conditions of the location at Baseline Road.
She notes that the Tim Hortons location on Baseline Road is the busiest in all of Ontario,
however expects the proposed location to have approximately half the number of
customer visits. The following is a summary of employment at the proposed and existing
locations:
x Baseline Road and Regional Road 57 — 39 full time and 35 part time
x Bowmanville Walmart locations — 10 full time and 9 part time
x Proposed Green Road and Prince William Boulevard — 28 full time and 20 part time
11.2 A drive-through is somewhat at odds with the concept of a walkable, mixed-use, higher
density area. However, the applicant is working to implement urban design policies such
as having the building create a strong corner condition with a two storey design and
providing direct pedestrian access from the streets. The site is not located within the
Street -Related Commercial Area but in the area that was set aside for plaza and larger
format uses. There are few locations in the Bowmanville West Urban Centre where it
would be possible to locate a Tim Hortons with a drive-through. Any location designated
Street -Related Commercial Area is off limits.
11.3 In consideration of the findings of the Traffic Impact Study, the proposed site appears to
be a good location considering ease of access from well -travelled, higher order roads and
is in close proximity to a growing population. The site will be able to accommodate the
volume of traffic expected to use the proposed drive-through. Vehicle movements to and
from the proposed site using the existing entrances from Green Road and Prince William
Boulevard are expected to occur at a good level of service.
11.4 The urban design policies of the Official Plan are implemented through the review and
approval of development applications. The forthcoming site plan application will be
reviewed against the urban design policies of the Official Plan and the policies and urban
design guidelines of the Bowmanville West Town Centre Secondary Plan. Generally, the
development concept as proposed conforms with the urban design policies of the Official
Plan.
11.5 Comments regarding the TIS and other Engineering comments.
Municipality of Clarington
Report PSD -045-18
12. Concurrence
Not Applicable.
13. Conclusion
Page 10
The purpose of this report is to provide background information on the proposal to permit
a drive-through, accessory to a permitted Tim Hortons restaurant, submitted by IBIS
Foods Inc. for the Public Meeting under the Planning Act. Staff will continue processing
the application including the preparation of a subsequent report upon receipt of
outstanding agency and departmental comments and resolution of any issues raised at
the Public Meeting.
14. Strategic Plan Application
Not applicable.
Submitted by: Reviewed by:
David J. Crome, MCIP, RPP
Director of Planning Services
Z4011W _
Andrew C. Allison, B.Comm, LL.B
Chief Administrative Officer
Staff Contact: Mitch Morawetz, Planner, 905-623-3379 ext. 2411 or mmorawetz(o)_clarington.net
List of interested parties to be notified of Council's decision is on file in the Planning Services
Department.
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11^Department\LDO NEW FILING SYSTEMApplication Files\ZBA-Zoning\2018\ZBA2018-0013 Tim Hortons Clarington Centre\Staff Report\PSD-045-18.docx