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Report To: Planning and Development Committee
Date of Meeting: June 25, 2018
Report Number: PSD-060-18 Resolution Number: PD-144-18
File Number: ZBA 2018-0013 By-law Number: 2018-065
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-060-18 be received;
2. That the application to amend the Zoning By-law submitted by IBIS Foods Inc. be
approved and that the Zoning By-law contained in Attachment 1 to Report PSD-060-18
be passed;
3. That should a minor variance application be required for the CP REIT Ontario
Properties Limited lands at 2375 Highway 2 during the two-year time-out period as
referenced in Section 2.4, no further Council resolution is required;
4. That the Durham Regional Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD-060-
18 and Council's decision; and
5. That all interested parties listed in Report PSD-060-18 and any delegations be advised
of Council's decision.
Municipality of Clarington
Report PSD-060-18 Page 2
Report Overview
This report recommends the approval of a drive-through accessory to a Tim Hortons restaurant
at the northeast corner of Green Road and Prince William Boulevard. Staff have reviewed and
addressed comments made by Committee members at the Public Meeting on June 4, 2018 for
the proposed drive-through accessory to a permitted Tim Hortons restaurant.
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 restaurant. 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. 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. The rezoning
application was deemed complete on May 8, 2018.
2.2 In July, 2010, Council passed a by-law to allow 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 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 for. The formerly approved location on Aspen Springs Drive
would have been open by now had the site owner allowed construction to proceed.
Municipality of Clarington
Report PSD-060-18 Page 3
2.3 The Public Meeting for the current application was held June 4, 2018. No one from the
public appeared to speak in support of or against the application. Several Committee
members had comments and questions about the drive through and traffic. There were
additional comments and questions at the Council meeting of June 11, 2018.
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Figure 1: Proposed site plan
2.4 Correspondence from Zelinka Priamo Ltd on behalf of CP REIT Ontario Properties
Limited and Loblaws was received by the Clerk regarding this application. It is
requested that, should Council amend the C1-14 zone regulations, an associated
resolution be passed stating that if a minor variance application is submitted for the CP
REIT Ontario Properties Limited lands (Loblaws) during the two-year time-out period, no
further Council resolution is required for the minor variance application to proceed. The
C1-14 zone includes lands owned by Valiant Rental Inc. and CP REIT at Clarington
Centre. The same request was made by CP REIT when Council approved an
amendment to the C1-14 zone regulations in support of the application to convert the
former Target store to a Lowe's store.
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 A proposed condominium townhouse development not yet under construction.
East Clarington Centre — a variety of commercial uses including the vacant former
Target store.
West An existing low rise residential area.
Municipality of Clarington
Report PSD-060-18 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 Council
through an 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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Figure 2: Clarington Centre
Municipality of Clarington
Report PSD-060-18 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 opportunity to intensify the use of a
commercial site and makes efficient use of existing public and private infrastructure.
The proposal minimizes servicing costs and land consumption as the site is already
developed otherwise. The Provincial Policy Statement also encourages municipalities
to promote long-term economic prosperity and support opportunities for economic
development. The proposal represents an economic opportunity that the site owner and
franchisee are poised to seize.
4.2 The application is consistent with the Provincial Policy Statement.
Provincial Growth Plan
4.3 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.
4.4 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. The land use conforms with the Clarington Official Plan policies for
Urban Centres.
Municipality of Clarington
Report PSD-060-18 Page 6
5.3 The Official Plan discourages but does not prohibit drive-throughs in Urban Centres.
Where drive-throughs are allowed, the OP calls for regulations to minimize impacts on
roads and the pedestrian environment, to ensure compatibility with adjacent uses and to
achieve the built-form objectives of the Official Plan and the Secondary Plan. The
proposed by-law in Attachment 1 to this report regulates the drive-through in conformity
with the Official Plan.
5.4 Staff have undertaken a review of the proposal against the urban design policies of the
Official Plan and the policies of the Bowmanville West Town Centre Secondary Plan. A
more detailed urban design analysis is part of the site plan application review process.
Generally, the development concept conforms with the urban design policies of the
Official Plan.
Secondary Plan
5.5 The Bowmanville West Town Centre Secondary Plan designates the subject lands
General Commercial. A drive-through is not prohibited in the General Commercial
designation. 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 is to
be a place that provides for a range of opportunities for employment, including service
uses such as the proposed Tim Hortons. The proposal conforms with the Bowmanville
West Town Centre Secondary Plan and the development concept generally conforms
with the urban design policies of the Secondary Plan.
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. Public Submissions
7.1 One resident of Bowmanville contacted Staff regarding traffic and pedestrian safety
around Tim Hortons drive-through locations in general and not just this location
specifically. A second resident contacted Staff regarding traffic and pedestrian safety,
specifically along Green Road and Boswell Drive, and also about traffic flow and parking
availability at the proposed site as it relates to the Planet Fitness gym located in the end
unit of the adjacent plaza.
Municipality of Clarington
Report PSD-060-18 Page 7
8. Agency Comments
Regional Municipality of Durham
8.1 Written comments have not been received from the Region of Durham as of the writing
of this report.
Central Lake Ontario Conservation
8.2 The Conservation Authority has not provided comments on this application, however will
be providing comments on the forthcoming site plan application.
9. Departmental Comments
Engineering Services
9.1 The Engineering Service Department does not object to the rezoning. The following
topics and comments will be dealt with through the site plan review process. Prior to
approval of a site plan application, 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.
9.2 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
9.3 No comments on the proposed rezoning to allow a drive-through.
Emergency and Fire Services
9.4 No objection to the proposed rezoning to allow a drive-through.
Operations Department
9.5 No objection to the proposed rezoning to allow a drive-through.
Municipality of Clarington
Report PSD-060-18 Page 8
10. Discussion
10.1 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
10.2 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. Included in the study is traffic from
known planned development plus an assumed traffic growth rate of 1% to 3% per year
for five years into the future. The study 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 acceptable 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.
x The parking and loading requirements for the proposed development can be
accommodated on site, without issue.
10.3 In consideration of the findings of the Traffic Impact Study, the proposed site is a good
location considering ease of access from well-travelled, higher order roads and is in
close proximity to a growing population. The Green Road site will be able to
accommodate the volume of traffic expected to use the proposed drive-through. The
peak hours of operation for the Tim Hortons are approximately 6 am to 10 am
weekdays. These hours are typically off peak hours for the majority of other businesses
in Clarington Centre and therefore no traffic conflict on site is anticipated. Vehicle
movements to and from the proposed site using the existing entrances from Green
Municipality of Clarington
Report PSD-060-18 Page 9
Road and Prince William Boulevard are expected to occur at an acceptable level of
service.
10.4 Green Road currently sees approximately 7,000 vehicles per day and has a capacity of
10,000 vehicles per day. Monitoring is done so that road and intersection
improvements can be scheduled before capacity is exceeded. A roundabout is being
constructed at the intersection of Green Road, Boswell Drive and the new extension of
Clarington Boulevard. Prince William Boulevard and Clarington Boulevard is now a
four-way stop and will be upgraded to a signalized intersection once conditions warrant
that improvement.
10.5 The applicant has been actively working with Staff to refine the site plan. The drive-
through stacking lane is internal to the site, away from the public roads and the drive-
through menu board and pick-up window are located at the rear of the building.
Potential conflicts between vehicles parking versus using the drive-through have been
minimized and pedestrians can get to the restaurant from the parking lot or street
without the need to cross through the stacking lanes for the drive-through. Should the
number of vehicles using the drive-through exceed the capacity of the stacking lanes,
there is a significant length of drive aisle on site to the north of the stacking lanes to
accommodate any overflow. The applicant will continue to refine the site and building
design through the site plan approval process.
10.6 In 2014, Council approved By-law 2014-105, known as the idling by-law. This by-law
prohibits vehicle idling in a variety of situations; progression of vehicles through a drive-
through queue is not a contravention of the by-law. It is recognized that ordering at Tim
Hortons is now more time consuming than ever with more menu offerings and
customized orders. Tim Hortons is no longer just a place to get coffee and donuts. One
way of minimizing the length of time it takes vehicles to get through the queue is to
move the order board further back from the pick-up window. This allows more time for
meal preparation before the ordering vehicle reaches the window.
10.7 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.
10.8 The applicant has made several changes to the concept plan since the original
submission, based on comments from Staff. The following items are the key features of
the concept plan, representing good urban design:
x The building is designed to address the intersection and both street frontages.
o No expansive blank walls along the streets.
o Welcoming appearance with easy access.
x Two storey design minimizes the building footprint and will have a strong
presence on the streets.
Municipality of Clarington
Report PSD-060-18 Page 10
x The location and siting of the building are pedestrian friendly.
o Pedestrian entrances directly from the street and parking lot.
o Walking distance to many existing and planned homes.
x A patio will be provided to enliven the site and street edge.
x High quality building and landscaping materials will be used.
o Landscaping will buffer the parking areas and drive-through from the
street edge.
x Greatest possible separation provided between street edge and residential areas
and the drive-through queuing lanes, order board and pick-up window.
10.9 Comments from the Engineering Services Department will be addressed through the
future application for site plan approval. The Engineering Services Department has no
objection, in principle, to the approval of this application.
11 . Concurrence
Not Applicable.
12. Conclusion
In consideration of all comments, it is respectfully recommended that the application to
permit a drive-through, accessory to a Tim Hortons, be approved.
13. Strategic Plan Application
The recommendations contained in this report conform to the Strategic Plan by
facilitating the creation of jobs.
Municipality of Clarington
Report PSD-060-18 Page 11
Submitted by: Reviewed by:
David J. Crome, MCIP, RPP Andrew C. Allison, B.Comm, LL.B
Director of Planning Services Chief Administrative Officer
Staff Contact: Mitch Morawetz, Planner, 905-623-3379 ext. 2411 or mmorawetz(a-clarington.net
Attachments:
Attachment 1: Zoning By-law
The list of interested parties is available in the Planning Services Department.
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Attachment 1 to
Report PSD-060-18
Corporation of the Municipality of Clarington
By-law Number 2018-
being a By-law to amend Zoning By-law 84-63.
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, for ZBA 2018-0013;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 16.5.14 of the "GENERAL COMMERCIAL EXCEPTION (C1-14) ZONE"
is amended by replacing c. viii) as follows:
c. viii) Eating establishment
2. Section 16.5.14 of the "GENERAL COMMERCIAL EXCEPTION (C1-14) ZONE"
is amended by adding Section e. as follows and renumbering the remaining
subsections:
e. Notwithstanding Section 16.5.14 c.viii), only two eating establishments
with a drive-through facility are permitted on the lands zoned C1-14.
3. Section 16.5.14 e. of the "GENERAL COMMERCIAL EXCEPTION (C1-14)
ZONE" is amended by adding the following:
xiii) A drive-through facility associated with an eating establishment shall:
a) Have a stacking lane with a combined minimum total length of 114
metres;
b) Have a stacking lane with a minimum width of 3 metres and an
entrance located a minimum of 18 metres from the street line; and
c) Not block any required parking spaces.
xxi) A 1.5 metre wide pedestrian walkway from the required parking spaces to
a public entrance of the eating establishment shall be provided without
crossing the drive-through stacking lane
xxii) Height of building located at the corner of Green Road
and Prince William Boulevard (minimum) 2 storeys
xxiii) Minimum Storey Requirement
Above the ground floor, each storey shall contain a floor area equal to no
less than 50% of the floor area beneath it to be considered a storey."
4. 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 passed in open session this day of , 2018
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk