REPORT MINOR ZONING BY-LAW AMENDMENT & SITE PLAN APPLICATION

Transcription

1 PLANNING JUSTIFICATION REPORT MINOR ZONING BY-LAW AMENDMENT & SITE PLAN APPLICATION 5 Westhill Drive Waterloo, Ontario Date: July 12, 2017 Prepared for: Sifton Properties Limited Prepared by: MacNaughton Hermsen Britton Clarkson Planning Limited (MHBC) 540 Bingemans Centre Drive, Suite 200 Kitchener, Ontario T: F: Our File Y316L

2 CONTENTS 1.0 Introduction Context Site Surrounding Land Uses Description of Proposal Proposed Development Planning Analysis Provincial Policy Statement, Growth Plan for the Greater Golden Horseshoe, Region of Waterloo Official Plan, City of Waterloo Official Plan, City of Waterloo Urban Design Manual City of Waterloo Zoning By-law Draft City of Waterloo Zoning By-law Conclusion Planning Justification Report Sifton Properties Limited July Westhill Drive, City of Waterloo i

3 LIST OF FIGURES After Page Figure 1 Location Map 2 Figure 2 Site Plan 2 Figure 3 Region of Waterloo Official Plan Map 3a Urban Area 10 Figure 4 City of Waterloo Official Plan Schedule A1 Commercial Land Uses 13 Figure 5 City of Waterloo Zoning By-law 1148 Schedule 18 ii Planning Justification Report Sifton Properties Limited July Westhill Drive, City of Waterloo

4 1.0 INTRODUCTION MacNaughton Hermsen Britton Clarkson Planning Limited (MHBC Planning) has been retained by Sifton Properties Limited (Sifton) to assist with the planning applications for their property located at 5 Westhill Drive which is located at the southeast corner of the intersection of Erb Street West and Ira Needles Boulevard, City of Waterloo. Sifton s entire land holdings at this location comprise a total of 1.89 hectares which includes an existing retirement building and an adult lifestyle apartment building that is currently under construction. The subject property is comprised of two phases. The first phase includes the previously referenced apartment building under construction and the second phase includes a proposed drive-thru restaurant, which is the subject of these applications. Specifically, the development proposal consists of an approximately square metre drivethru restaurant in the northwest corner of the site. This Planning Justification Report has been prepared in support of the proposal and provides justification for the application, addressing relevant planning policy and regulation applicable to the subject property. The following applications are required to permit the proposed development: Application Approval Authority City of Waterloo Minor Zoning By-law Amendment Site Plan Approval City of Waterloo City of Waterloo Planning Justification Report 1 July 2017

5 2.0 CONTEXT 2.1 Site The subject property is located on the southeast corner of the intersection of Erb Street West and Ira Needles Boulevard, legally described as; Part 7 Plan 58R-14437, Part of Lot 41, Germany Company Tract and is hereinafter referred to as the site or subject lands. The location of the subject lands is illustrated on Figure 1. The entire site is comprised of hectares. Specifically, the phase two lands have an area of hectares. The phase two lands subject to these applications has approximately 24.7 metres of frontage on Ira Needles Blvd. The depth of the site varies but is approximately 91.8 metres. The site has flankage on Erb Street West and frontage on Westhill Drive (Figure 2). The subject lands are within an area of the City that has experienced considerable growth over the past decade. Ira Needles Blvd. is a major regional corridor within Waterloo Region and provides a key north-south transportation link in the Regional network. Erb Street West is also a major regional arterial within the City of Waterloo. The subject lands exhibit the following characteristics: - Located along Ira Needles Blvd., and Erb Street West which are identified as regional arterial roads in the City of Waterloo. Both of these arterial roads have transit service. - Ira Needles Blvd serves as a gateway into and out of the City; - Accessible to Provincial, Regional and local road networks with excellent exposure available from both Erb Street West and Ira Needles Boulevard; - Well-located in the west side of the City at a prominent location with respect to surrounding established and planned neighbourhoods and commercial developments. From a locational perspective, having access to two major arterial roads, transit routes and a location within close proximity to a larger residential community and a mix of commercial developments, is ideal for the proposed development. Planning Justification Report 2 July 2017

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7 Existing Commercial PROPOSED ±68.96m LANDSCAPED FIRE ROUTE m setback Storage LANDSCAPED 3.0 Snow Sight Line Snow Storage IRA NEEDLES BLVD m WIDE SIDEWALK CONCRETE 3.95 R=9.0m 4.0 Triangle Sight Line Triangle Sight Line R=9.0m m setback 6.0 m setback N 35 33' 30" W GROUND HOG SYSTEM PARTIALLY UNDERGROUND GARBAGE CONTAINERS A=±9.863 R= LANDSCAPED ± A=±6.293 R= ± N 50 03' 05" E 1.8m WIDE CONC. SIDEWALK 7.8 LANDSCAPED m WIDE CONC. SIDEWALK 7.6 Storage LANDSCAPED Snow R=6.0m PROPOSED DRIVE-THRU ± N 56 52' 40" E OVERHEAD LINK CONNECTING FIRE ROUTE 22.8 RESTAURANT 1 STOREY RETIREMENT HOME EXISTING HYDRO EASEMENT TRANSFORMER LANDSCAPED 8.0m WIDE HYDRO EASEMENT 6.3 GENERATOR RAMP TO PARKING GARAGE PROPOSED 11 STOREY BUILDING & GROUND FLOOR RETAIL/PARKING 100 UNIT SENIORS APARTMENT MUNICIPAL No. 7 PHASE m WIDE DECORATIVE CONC. SIDEWALK R=12.0m R=12.0m R=12.0m 1.8m WIDE CONC. SIDEWALK 6.5 EXTENT OF UNDERGROUND PARKING GARAGE FIRE ROUTE PHASE 1 PHASE ASPHALT LANDSCAPED PHASE ASPHALT 6.0 m setback N 56 52' 40" E N 62 21' 30" E ERB STREET W. LOT LIMIT LANDSCAPED 9% GRADE 5 R=12.0m ± LANDSCAPED 4.0 R=6.5m GRADE 6.0% R=6.5m ASPHALT 17.3 CONC. SIDEWALK 6.1 ASPHALT LOADING SPACE 5.5 PHASE 2 PHASE 1 ASPHALT R=12.0m R=12.0m R=12.0m Triangle R=6.5m R=6.5m m WIDE CONC. SIDEWALK ± R=18.0 R=12.0m 3.9 RAMP m WIDE DECORATIVE 0.3 LANDSCAPED LANDSCAPED Sight Line Triangle RIGHT OUT RIGHT IN N 38 55' 20" W 1.50 ±42.90 WEST HILL DR. PART 1 P A R T 2 OF INST. B EASEMENT PART EASEMENT INST PART 9 parking garage Exit from underground N37 53'15"W ± Residential Future Multiple N13 53'50"E City of Waterloo Lands owned by Existing Residential PART 3 Walkway 4.0m Future HYDRO EASEMENT WATERMAIN 10.0m WIDE (WIDTH VARIES) EASEMENT Legal Description Revision No. Date Issued / Revision By Date July 10, 2017 Drawn By L.M. Plan Scale 1:300 File No. Y316'L' Dwg No. 1 of 1 P:\Y316-Sifton\'L' - Ira Needles Blvd. \Graphics\Site Plan_July dwg

8 2.2 Surrounding Land Uses The surrounding land uses that exist within the intersection of Erb Street West and Ira Needles Boulevard include: North: Commercial (Jolanda s Spa, bauhaus window coverings, Freshii restaurant, koffee korner, and dentist office) Northwest: Southwest: Southeast: Westside Marketplace (Starbucks, Canadian Tire and Gasbar, Shoppers Drug Mart, Bank of Montreal, Royal Bank, The Cooperators insurance company, Goodness Me food store, Mark s Work Warehouse, Pet Planet, Panago pizza etc.) West Hill Commons (Boston Pizza, Winners, Pita Pit, dentist office, nail salon, Credit Union, Beer Store, Dutchies food store) Future multiple residential, existing single family homes fronting on Westhill Drive, and a retirement home. Planning Justification Report 3 July 2017

9 3.0 DESCRIPTION OF PROPOSAL The following is a review of the proposed development for 5 Westhill Drive in Waterloo, Ontario. 3.1 Proposed Development The development proposal includes a drive-thru restaurant with a total gross floor area of approximately square metres. The proposed restaurant is situated at the northwest corner of the site and oriented on the diagonal in order to maximize street presence at the roundabout. The proposed site plan is enclosed as Figure 2. The restaurant is intended to function as a sit down restaurant notwithstanding that it is proposed to have a drive-thru option as well. It will have both indoor seating and an outdoor patio to serve patrons as well as the drive-thru option. This style of restaurant is ideal in the mixed use environment at the intersection of Ira Needles and Erb Street West, as it will be utilized by the residents of the apartment building and retirement residence to the south, residents in the surrounding neighbourhoods and transient shoppers making use of surrounding commercial uses. A consent to sever application was recently submitted to the City of Waterloo Committee of Adjustment for the July 2017 hearing. The purpose of the application is to sever the property into two parcels such that the apartment building and proposed restaurant will be located on separate properties. Notwithstanding, the parking lot and drive aisles will be shared between both phases of development. The orientation of the building at the northwest corner of the subject property will provide a focal point at the intersection similar to the Boston Pizza at the adjacent West Hill Commons commercial development to the east. The siting of the building at the intersection of Ira Needles Blvd and Erb Street West allows for a more urban form and helps to frame the site in relation to the intersection. It also allows for sufficient parking to be provided at the rear of the building. The parking areas are enhanced by Planning Justification Report 4 July 2017

10 landscaped islands and pedestrian connections to the intersection and abutting apartment building and retirement residence, which help minimize the visual expanse of the hard surfaces. The majority of the drive-thru lane will be located towards the centre of the development to provide adequate screening from Ira Needles Boulevard and Erb Street West. Appropriate landscaping will further screen the drive-thru from traffic at the intersection similar to the Starbucks drive-thru at the Westside Marketplace on the northwest corner of the intersection. An attractive built form will be achieved through the use of high quality architectural design and landscaping. Access to the site will be provided off Westhill Drive, Erb Street West, and Ira Needles Boulevard which will facilitate good traffic circulation into and out of the site. The Erb Street West access will be limited to a right-in/right-out only access, Ira Needles Blvd. will be limited to a right-in/right-out only access and a full access will be provided to Westhill Drive through the site to the south. A total of 36 parking spaces will be provided on the subject site. While only 14 parking spaces are required, additional parking has been provided to ensure sufficient parking on the site and consider the additional seating provided within the outdoor patio. With the property being severed into two parcels, there will be the necessary easements and rights of way to accommodate vehicular movement and parking. Paradigm Transportation Solutions Ltd. completed a Transportation Impact Study report as part of the Phase 1 development application to document the net additional traffic that will occur as a result of the proposed development and estimate the impact of traffic on the surrounding roadway network. The study concluded that the intersections in the study area will continue to operate with acceptable levels of service. This traffic study took into account the possible drive thru restaurant on the Phase 2 lands, the subject of this application. In addition, as part of the Phase 1 application, Stantec Consulting Ltd. prepared a Functional Servicing Brief in support of the proposed development and to document the municipal servicing requirement including sanitary servicing, water distribution and storm drainage as well as area grading, roadworks and utility requirements. Stantec concluded: - The proposed development can be adequately serviced through connection to and extension of the existing services on Ira Needles Boulevard and Westhill Drive; - Stormwater management has been accommodated through existing storm sewers and the SWM facility to the west; Planning Justification Report 5 July 2017

11 - Overall site grading will provide for major overland flow conveyance to the downstream municipal road allowances, provide adequate cover over municipal services and generally match existing road and boundary grades; and - The proposed development can be adequately serviced through the extension of utilities including hydro, gas, cable TV and telephone. Planning Justification Report 6 July 2017

12 4.0 PLANNING ANALYSIS The proposed Zoning By-law Amendments implement the policy direction of the City of Waterloo Official Plan and facilitate the development of the subject lands as proposed. This section of the report reviews the applicable land use policy framework as it applies to the subject lands and how the proposal is consistent with, or conforms to, this framework. 4.1 Provincial Policy Statement, 2014 The Provincial Policy Statement 2014 ( PPS ) was issued by the Province of Ontario in 2014 under Section 3 of the Planning Act. The PPS provides a vision and policy direction on matters of provincial interest related to land use planning and development, and sets the policy foundation for regulating the development and use of land. The vision for Ontario s land use planning system includes the following: - Planning for strong, sustainable and resilient communities for people of all ages, a clean and healthy environment, and a strong and competitive economy; - Focusing growth and development within urban and rural settlement areas while supporting the viability of rural areas; - The wise management of land use change that may involve directing, promoting or sustaining developments; - An efficient development pattern that optimizes the use of land, resources and public investment in the infrastructure and public service facilities. Such land use patterns are to promote a mix of housing, including affordable housing, employment, recreation, parks, open spaces, and transportation choices that increase the use of active transportation and transit before other modes of travel; - Strong, livable and healthy communities that promote and enhance human health and social well-being, and are economically and environmentally sound and resilient to climate change. The subject property is currently partially developed, adjacent to existing services and well served by a Regional transportation network. The proposed development will make optimal use of the site and provide for a mix of uses that serve the surrounding community. Planning Justification Report 7 July 2017

13 The following is a summary of applicable policy in the PPS: Section 1.1 Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns The PPS promotes healthy, living and safe communities which are sustained by promoting efficient development and land use patterns, and accommodating an appropriate range and mix of residential, employment, recreational and open spaces uses to meet long-term needs. The subject property is within a Minor Node in the City of Waterloo Official Plan which is intended to contain a range of land uses and serve as a focal point for the surrounding areas. The proposed development will support this intended land use mix by providing a restaurant use in addition to the neighbouring apartment building and retirement residence and surrounding commercial uses. The proposed development will utilize existing services and infrastructure, which is consistent with the PPS objective for efficient development patterns that optimize the use of land, resources and public investment in infrastructure. Section Settlement Areas The PPS states that Settlement Areas shall be the focus of growth and development, and their vitality and regeneration shall be promoted. The PPS defines Settlement Areas as: urban areas and rural settlement areas within municipalities (such as cities, towns, villages, and hamlets) that are: a) built up areas where development is concentrated and which have a mix of land uses; and b) lands which have been designated in an official plan for development over the long term planning horizon provided for in policy In cases where land in designated growth areas is not available, the settlement area may be no larger that the area where development is concentrated. The subject lands are identified as and as an Urban Designated Greenfield Area within the Urban Area as delineated on Map 3a of the Region of Waterloo Official Plan. These areas are intended to handle new growth, in a compact form of development with a mix of land uses. Section Employment Areas relates to employment areas and states that planning authorities shall promote and economic development and competitiveness by: Planning Justification Report 8 July 2017

14 a) providing for an appropriate mix and range of employment (including industrial, commercial and institutional uses) to meet long-term needs; b) providing opportunities for a diversified economic base, including maintaining a range and choice of suitable site for employment uses which supports a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses; c) planning for, protecting and preserving employment areas for current and future uses; Development of the subject lands will provide employment opportunities and is consistent with the above referenced policy. Based on the above, it is concluded that the proposed development is consistent with the policies of the Provincial Policy Statement. 4.2 Growth Plan for the Greater Golden Horseshoe, 2017 The Growth Plan for the Greater Golden Horseshoe (2017) is a framework for implementing the Government of Ontario s vision for managing growth in the Greater Golden Horseshoe to The new plan builds upon the success of the 2006 Growth Plan and responds to key challenges the Greater Golden Horseshoe continues to face. The new Growth Plan, adapts to the shift to more compact development patterns, including mixed use development and a mix of housing as well as the integration of land use planning and transit. Section Managing Growth The Growth Plan states that forecasted growth will be allocated based on the following: a) The vast majority of growth will be directed to settlement areas that: i) have a delineated built boundary, ii) have existing or planned municipal and wastewater systems; and iii) can support the achievement of complete communities. c) Within settlement areas, growth will be focused in: i) delineated built-up areas; ii) strategic growth areas; iii) locations with existing or planned transit, with a priority on higher order transit where it exists or is planned; and iv) areas with existing or planned public service facilities. Planning Justification Report 9 July 2017

15 As discussed above, the subject lands are identified as an Urban Designated Greenfield Area within the Urban Area as delineated on Map 3a of the Region of Waterloo Official Plan. The proposed development is located within a settlement area with existing municipal and wastewater systems. It will develop a vacant site with existing transit services. Both Ira Needles Blvd. and Erb Street West are identified as Planned Transit Corridors in the Waterloo Region Official Plan and are planned to be served by higher order transit. The addition of the proposed development will contribute to creating a complete land use mix, serving the existing residential uses and complementing surrounding commercial uses. The proposed development conforms to the Growth Plan for the Greater Golden Horseshoe, Regional Official Plan, 2015 The Region of Waterloo s Official Plan (ROP) by the Ministry of Municipal Affairs and Housing, with modifications, on December 22, 2010 and approved with amendments by Oral Decision of the Ontario Municipal Board on June 18, The subject site is identified as an Urban Designated Greenfield Area within the Urban Area on Map 3a of the ROP as illustrated in Figure 3. The Region s future growth is to be directed to the Urban Area. The overall goal of section 2 Shaping Waterloo Region s Urban Communities is to promote balanced growth by directing a greater share of urban development towards the existing Built- Up Area and by contributing to the creation of complete communities in both Urban and Township Designated Greenfield Areas. In general, these areas are to be planned to create a more compact urban form with a greater mix of employment, housing and services in close proximity to each other. The ROP requires that proposed amendments and development be reviewed with respect to the General Development Policies (Policy 2.D.1) and Transit Oriented Development Policies (Policy 2.D.2) of the ROP. Policy 2.D.1. states that the review of development applications and site plans within the Region and/or area municipalities will ensure that development occurring is planned and developed in a matter that: a) supports the Planned Community Structure described in this Plan; b) is serviced by a municipal drinking water supply system and a municipal wastewater system; Planning Justification Report 10 July 2017

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17 c) contributes to the creation of complete communities with development patterns, densities and an appropriate mix of land uses that supports walking, cycling and the use of transit; d) protects the natural environment, and surface water and groundwater resources; e) conserves cultural heritage resources and supports the adaptive reuse of historic buildings; f) respects the scale, physical character and context of established neighbourhoods in areas where reurbanization is planned to occur; g) facilitates residents access to locally grown and other healthy foods in neighbourhoods; and h) promotes building designs and orientations that incorporate energy conservation features and the use of alternative and/or renewable energy systems. In general, the proposal supports the Planned Community Structure of the ROP. The subject site is located within an Urban Designated Greenfield Area. The proposal supports the planned function of Urban Designated Greenfield Areas, contributing to creating a compact form, and a complete community with a mix of uses. The site is designed to support walking, cycling and transit use. The subject site has access to all required municipal services. There are no natural features or cultural heritage resources associated with the subject lands. Policy 2.D.2 states that the following Transit-Oriented Development provisions also apply to development applications and site plans that are near sites that are served by existing or planned rapid transit or higher frequency transit to ensure that development: a) creates an interconnected and multi-modal street pattern that encourages walking, cycling or the use of transit and supports mixed-use development; b) supports a more compact urban form that locates the majority of transit supportive uses within a comfortable walking distance of the transit stop or Major Transit Station Area; c) provides an appropriate mix of land uses, including a range of food destinations, that allows people to walk or take transit to work, and also provides for a variety of services and amenities that foster vibrant, transit-supportive neighbourhoods; d) promotes medium and higher density development as close as possible to the transit stop to support higher frequency transit service and optimize transit rider convenience; e) fosters walkability by creating pedestrian-friendly environments that allows walking to be a safe, comfortable, barrier-free and convenient form of urban travel; f) supports a high quality public realm to enhance the identity of the area and create gathering points for social interaction, community events and other activities; and Planning Justification Report 11 July 2017

18 g) provides access from various transportation modes to the transit facility, including consideration of pedestrian, bicycle parking, and where applicable, passenger transfer and commuter pick-up/drop off areas. The proposed development supports the existing street pattern in the vicinity of the subject lands and will increase the number of employees in close proximity to transit services. The proposed development will contribute to a desired mix of uses. The site has been design to accommodate transit uses, cyclists and pedestrians into and throughout the site. Sidewalks, landscaped islands and painted areas are used to foster walkability and bicycle parking spaces will be provided. An outdoor patio is also proposed for the site which will allow for social interaction and improved public realm. The proposed development will improve the public realm by providing an at grade commercial use, creating an active entrance at the intersection of Ira Needles Blvd and Erb Street West, and orienting the building toward the roundabout. The subject lands are well-located relative to Provincial and Regional Road networks as identified in the Regional Plan. Ira Needles Blvd. and Erb Street are both identified as Planned Transit Corridors on Map 5a Regional Transit Network. Policy 5.A.8 of the Regional Official Plan identifies Transit Corridors as Regional or Area municipal roads or dedicated rights-ofway outside of mixed traffic that accommodate existing or planned high frequency transit service. A future potential transit stop is shown on the site plan at the northern portion of the site. Ira Needles Blvd. and Erb Street are also identified as Existing Regional Roads on Map 5b Existing or Planned and Proposed Roads and Corridors. Erb Street is a major transportation corridor serving the City, and currently has a suburban character that supports a variety of residential uses and neighbourhood commercial uses. Ira Needles Blvd. is also a major transportation corridor with a suburban character that supports a variety of commercial uses. The subject lands are currently a vacant parcel of land adjacent to existing services and are served by a Regional transportation network. The proposed development will make optimal use of the site, contribute to a mix of uses that will complement and utilize surrounding services. The proposed development conforms to the Regional Official Plan, Planning Justification Report 12 July 2017

19 4.4 City of Waterloo Official Plan, 2012 The City of Waterloo Official Plan was approved by Region of Waterloo Council, with modifications, on November 21, The Official Plan represents the City s vision for growth and change within the community. The Official Plan sets out principles, objectives and policies designed to direct the form, extent, nature and rate of growth and change within the City to The City s Official Plan designates the subject site as Commercial on Schedule A Land Use Plan and more specifically Convenience Commercial on Schedule A1- Commercial Land Uses, illustrated on Figure 4. The subject lands are also identified as a Minor Node on Schedule B- City Structure and Medium High Density, 40 metres on Schedule B1 Height and Density. Commercial and Convenience Commercial Policy for the Commercial designation provides an overview of the commercial land use structure. It identifies the Convenience Commercial designation as a Neighbourhood-Serving Centre and Area. The Commercial designation also envisions a broad range of uses including retail, office and service uses. Lands designated Convenience Commercial are to be zoned to permit a range of small-scale commercial and office uses and may include such uses as; small scale retail uses, commercial services, personal service uses, banks and financial services, restaurants, offices, gas bars, and child care centres. The proposal is for a restaurant use with a drive-thru. Section identifies the vision for the Convenience Commercial designation. In general, these lands should be planned for smaller scaler commercial uses to provide for every day needs of nearby residents and businesses by providing a range goods and services. These areas are also intended to have a strong pedestrian and cyclist focus and be well connected to the surrounding area. Sidewalks will be provided along Ira Needles Blvd. and Erb Street West as well as throughout the site to the adjacent apartment building currently under construction, the existing retirement home and Westhill Drive. 10 bicycle parking spaces are being provided on site near the building entrance. Lands designated Convenience Commercial may permit drive-thru facilities in conjunction with permitted uses, provided the lands are located on an Arterial Road (Section (6)). The subject site is located at an intersection of two major Regional Arterial Roads, as shown on Schedule E Road Classification System and a restaurant use is a permitted use. It is our opinion that providing a drive-thru use would meet the intent of the Official Plan. Planning Justification Report 13 July 2017

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21 Specific Provision Area 8: The subject site is identified as Specific Provision Area 8 on Schedule A6- Special Provision Areas, however, the policies are not applicable to this development as it is not greater than 2000 square metres of gross leasable floor area, not a residential development and is not located on the northwest corner of the Ira Needles Blvd. and Erb Street West intersection. Minor Node: The subject site is identified as a Minor Node on Schedule B- City Structure. Section of the Official Plan identifies the hierarchy of designated nodes. It provides a description of nodes: Nodes are places where employment, housing, commercial land uses and services and other amenities are concentrated with different levels of activity and intensity. Nodes provide opportunities for residents to live close to employment, shopping and other services and are focal points for pedestrian, bicycle and transit routes. Each Node may be different in terms of character, potential to grow, and scale. Specifically, Minor Nodes are planned to be medium to medium-high density, mixed use areas that accommodate a range of uses. Similar to the Convenience Commercial designation, minor nodes are to generally include neighbourhood serving commercial centres that provide for day to day and weekly shopping needs of the surrounding neighbourhood. The proposal, which includes a restaurant with a drive-thru use, is consistent with the commercial hierarchy as it will contribute to a mix of uses in the area and support the surrounding residential uses and complement existing commercial uses within the Node. As noted above, the subject Minor Node contains a mix of uses including a variety of commercial and service uses, medium-high density residential uses and other public uses. The Node provides for more arterial commercial uses with limited pedestrian activity from surrounding residential areas given the existing land uses and arterial road network. The ability to create main street type developments where entrances to buildings and pedestrian movement along the roads is the focal point of the development is challenging due to the nature of the Regional roads and the presence of the roundabout at Ira Needles Blvd. and Erb Street West. As such, the characteristics of the site more closely resemble those of an arterial commercial site, where the main access to the site is via vehicles, similar to surrounding uses in the area. Sifton has designed the site in such a manner that meets the intent of the Minor Node. The building is oriented towards the roundabout to provide a focus point and direct pedestrian access. The parking has been placed behind the building and screened from Ira Needles Blvd. Planning Justification Report 14 July 2017

22 and Erb Street West with landscaping. While it is anticipated that the site will largely be served by vehicular traffic, the design of the site creates strong pedestrian connections into and out of the site. The proposed development will support the intended land use mix of the Convenience Commercial designation and the Minor Node designation by introducing a restaurant use to serve residential uses and complement the surrounding commercial uses within the Node. The proposed development conforms to the City of Waterloo Official Plan 2012, and achieves the intended function of the Convenience Commercial and Minor Node designations. 4.5 City of Waterloo Urban Design Manual The City of Waterloo s Urban Design Manual was approved in 2009 and establishes design objectives and priorities for the City. While Urban Design Guidelines for the Clair Hills / West Hill Mixed Use Node exist, they were prepared in City of Waterloo staff advised that direction should be taken from the City s Urban Design Manual for a more current approach for the proposed development. The City of Waterloo is committed to a high standard of urban design as established through the City s Official Plan and the Urban Design Manual. The Urban Design Manual includes general city design guidelines, supplemental design guidelines for select areas of the city and specific types of development as well as process guidelines and technical standards for site plan review. The primary purpose of the Urban Design Manual is to implement the City s Urban Design objectives and policies through the development review process and for select public realm improvement projects. Part 2 of the Urban Design Manual outlines General City Design Guidelines for city wide development. Policies in this section focus on aspects such as creating pedestrian friendly design, compatible development, transit-oriented development and building and landscape design. The subject site has been designed with consideration for the policies in Part 2 of the Urban Design Manual. Part 3 of the Urban Design Manual contains supplemental design guidelines which provide detailed design guidelines for specific types of development. Planning Justification Report 15 July 2017

23 Section Drive Through Facilities The Urban Design Manual provides supplemental design guidelines for drive-thru facilities. The objective of this guideline section is to design sites that contribute to pedestrian friendly streets with high regard to pedestrian circulation and safety. Building Location and Circulation Buildings should be located close to the street to provide safe pedestrian access between the building entrance and the public street. Priority should be given to transit routes, Nodes and Corridors, street corners and planned intensification areas. Specifically on corner lots, parking should be located in the side or rear yards. Pedestrian walkways and/or access providing safe access should be provided from the parking area to the building entrances and from the street to the building entrance. The proposed building is located close to the intersection of Ira Needles Blvd. and Erb Street West. This provides safe and convenient pedestrian access from both public streets. The building is also located near a future transit stop and emphasizes the sites corner location. The building is a corner lot and the parking is located behind the building in the side yard. Pedestrian access points are provided from the street away from the parking area, and safe access is provided from the parking area to the building entrance. Stacking Lanes Sufficient stacking spaces should be provided on site and should avoid spillover onto public streets spaces should be provided for restaurant uses. On corner sites, stacking lanes are encouraged to be located beside or behind the building rather than a wrap around lane particularly along transit routes and planned intensification areas. The access point for the stacking lane should be located as far and as deep as possible into the site to avoid vehicles blocking parking areas. Stacking lanes should be 3.5 m to 4.5 metres in width to allow for a wide range of vehicular turning movements. Double drive-thru lanes should be considered when there is insufficient stacking spaces on the site. Visible direction signage should be provided at the entrance and exit locations for the stacking locations. Audio and video device should be located and positioned to not adversely impact on adjacent properties and their users. A total of 17 stacking spaces are provided on site to avoid spillover onto public streets. As the site is a corner site, the stacking lane is located behind the building. Access to the stacking lane is provided at the rear of the site. Notwithstanding that additional stacking spaces are provided beyond what is required, a double drive-thru lane has been provided. The stacking lanes measure between 3.0 and 4.0 metres to allow for vehicular movements. Directional signage showing stacking lane entrance locations is provided. A do not enter sign at the Planning Justification Report 16 July 2017

24 stacking lane exit is also provided. All signage locations are delineated on the site plan. Audio and video devices are oriented away from the adjacent residential property to minimize any impact. Landscape Design The pedestrian entrance should be emphasized from the street with a balanced distribution of hard and soft decorative landscaped treatments. At least 3 bicycle parking spaces should be located near the entrance and/or patio areas. Outdoor patio spaces are encouraged to face the street with decorative fence details and be located for maximum solar gain and away from stacking lanes. A minimum 3.0 metre landscaped strip should be provided between street frontages and abutting parking areas and drive thru lanes for deciduous tree and shrub planting and other screening treatment. Intensive landscape treatment should be used to screen lamps from public view and surrounding sensitive uses. Stacking lanes should be defined with raised landscaped islands, decorative paving treatments or other barriers to separate stacking lanes from main parking areas and driveways. Garbage and recycling receptacles/bins should be located along the stacking lanes and building entrance areas. A total of 10 bicycle spaces are provided and located next to the concrete patio and building entrance. The concrete outdoor patio faces the street and is located away from the stacking lane. A minimum 3.0 metre landscape buffer is provided along both Ira Needles Blvd. and Erb Street West to allow for sufficient planting. A raised landscaped island and painted areas are provided between the stacking lane and the parking area to separate the stacking lane. The garbage and recycling bins are provided along the stacking lane and will be screened with landscaping. Building Design Pick up window areas should be architecturally integrated into the building design. Awnings, canopies or other elements should be encouraged over windows facing public streets or along the street edge. Accessory structures, such as garbage enclosures should be architecturally integrated, through similar building materials and architectural features. The pick up window is integrated into the building design. The garbage and recycling enclosures will be screened with landscaping. The design of the proposed drive-thru has carefully considered the above policies. Overall, the design of the proposed development is consistent with the City of Waterloo Urban Design Manual. Planning Justification Report 17 July 2017

25 4.6 City of Waterloo Zoning By-law 1148 Zoning by-law , was passed on March 24, 2014, which amended zoning by-law 1418 and re-zoned the subject property to Mixed Use Commercial (MXC) with site specific provisions (Figure 5). The purpose of the proposed zoning amendment is to facilitate development of a Tim Horton s restaurant with a drive-thru. Lands to the north are zoned Mixed Use Commercial (MXC), and Medium Density (MD3), while lands to the east are zoned Single Residential (SR1) and Multiple Residential (MR12). Lands to the south are zoned Mixed Use Residential (MXR) and lands to the west are zoned Mixed Use Commercial (MXC). The following uses are permitted in the MXC zone and through the site specific provisions set out in zoning by-law No : - Apartment dwellings located above - Motel/hotel ground floor - Art gallery, studio - Office - Auditorium - Office equipment & supplies - Bake shop - Park - Bank or trust company - Personal service shop - Beer, liquor and wine stores - Private club and lodge - Coffee shop and tea room - Public/separate/private school - Commercial dwelling unit in stories - Religious use above the first storey - Commercial recreation - Restaurant including take-out but not drivein/ drive-thru - Commercial school - Retail store (excluding department stores, home improvement stores and automotive supply stores - Clinic (medical, dental, therapy, etc.) - Specialty food stores - Government uses - Variety store The following table summarizes the current MXC zoning by-law standards as established through by-law No The proposed development has been reviewed against the zone standards to determine compliance. The standards which do not comply with MXC zone provisions have been identified and will require site specific provisions to accommodate the proposed development scheme. Planning Justification Report 18 July 2017

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27 TABLE 1 MXC ZONE STANDARDS (By-Law No ) Regulation Required in MXC Zone Proposed Compliance Maximum Retail or Restaurant Unit Size 500 sq. m for one unit, 300 sq. m for others Total maximum of sq. m YES Streetline Buildout Erb Street West Streetline Buildout Ira Needles Blvd sq. m 1 No requirement. A minimum setback of 2.0m and a maximum of 6.0m. 1 A minimum of 50% build-out with a min. setback of 2.0 metres and a max. setback of 6.0 metres m setback YES 10.8% 2.0 m setback Minimum Corner Lot 12.0 m 24.7 m YES Frontage Minimum Interior 1.2 m 22.8 m YES Side Yard Minimum Rear Yard 7.5m 58.4 m YES Minimum Building 5.5m for a restaurant 5.0 m NO Height use 1 Maximum Building 40.0m m YES Height Off Street Parking Tim Horton s (260.8 sq m) 14 spaces required (5 per 100 sq m of building floor area) 36 YES Parking is permitted in the front yard (Westhill Dr.) and flankage yard (Erb St. W) but not permitted in the front yard (Ira Needles) 1 Barrier Free Parking 5% Target = 1 required space Bicycle Parking 10% Target = 2 required spaces 1 as per zoning by-law Parking proposed in front (Westhill Dr.) and flankage yard (Erb St. W) NO YES 2 spaces YES 10 spaces YES Planning Justification Report 19 July 2017

28 Based on the above, a restaurant use is permitted in the MXC, with the exception of the drive thru. Further, the following site-specific exceptions are required in order to facilitate the development as proposed and discussed in detail below: TABLE 2 / REQUESTED SITE SPECIFIC ZONING BY-LAW AMENDMENTS TO THE MXC ZONE Regulation 1. Restaurant including take-out but not drive-in/drive-thru. 2. Minimum building height of 5.5 metres. 3. Streetline Build Out Ira Needles 50% Proposed Special Provisions Restaurant including drive-thru. Minimum building height of 5.0 metres No streetline building requirement for Ira Needles Blvd. 1. Drive-thru The proposed Tim Horton s restaurant envisions a drive-thru. There are some drive thrus in the area including a Starbucks on the northwest corner. There are also several banks in the area with drive thrus including Royal Bank and Bank of Montreal on the northwest corner of Ira Needles Blvd. and Erb Street West, and Scotiabank, the TD Canada Trust and the CIBC banks all located further south on Ira Needles Blvd. The intersection of Ira Needles Blvd. and Erb Street West is very auto focused. Both roads are major arterials that handle large volumes of traffic. The proposed development has three access points, including one on Erb Street West and one on Ira Needles. As the site is located in an automobile dominant location, it is assumed that a large portion of users of the restaurant will travel to the site by vehicle. The proposed drive-thru will be located towards the centre of the development and adequate screening from Ira Needles Blvd. and Erb Street W. Appropriate landscaping will further screen the drive-thru from the intersection similar to the Starbucks drive-thru at the adjacent Westside Marketplace to the northwest. The Convenience Commercial designation in the Official Plan states that these areas should have a strong pedestrian and cyclist focus. Through site design, pedestrian conflict points have been minimized and pedestrian access has been provided throughout the site. Bicycle parking has been provided on site near Planning Justification Report 20 July 2017

29 the building entrance and near the street. Sidewalks, landscaping and painted areas have been incorporated to minimize pedestrian conflicts within the site. As previously noted, the subject lands are designated Convenience Commercial in the City of Waterloo Official Plan. Lands designated Convenience Commercial may also be zoned to permit drive-thru facilities in conjunction with permitted uses, provided the lands are located on an Arterial Road (Section (6)). The subject lands are located at an intersection of two major Regional Arterial Roads and a restaurant is a permitted use. The proposed amendment to allow for a drive-thru would implement the envisioned Official Plan designation of the subject lands. 2. Height The proposed Tim Horton s building varies in height, however the maximum height is approximately 5.0 metres whereas the by-law requires a minimum height of 5.5 metres. The zoning amendment requires a reduction in the minimum height permitted to 5.0 metres in order to permit the one storey restaurant building on the subject site. 3. Streetline Buildout on Ira Needles Blvd. of 50% - The subject site and building design make a 50% buildout on Ira Needles Blvd difficult to achieve. The proposed development has a streetline buildout of 10.8% on Ira Needles Blvd. The site has a corner lot configuration, and it is desirable to orient the building on a diagonal towards the intersection of Ira Needles Blvd. and Erb Street West. The proposed building is also very small (260.8 sq. m), further making the 50% buildout difficult to achieve. The intent of the zoning regulation is to locate the building close to the street, in order to create a more active street frontage and to orient the parking behind the building. The intent has been achieved by locating the building at the intersection. Zoning By-law removed the streetline buildout requirement for Erb Street West. The streetline buildout requirement for Ira Needles Blvd. should also be removed. The proposed development and required Zoning By-law Amendments implement the intended form of the Convenience Commercial designation and Minor Node designation in the City of Waterloo Official Plan. The proposed development represents good planning principles and will provide the community with a well-designed development. Planning Justification Report 21 July 2017

30 4.7 Draft City of Waterloo Zoning By-law The City of Waterloo is currently undertaking a comprehensive zoning by-law to implement its new Official Plan. The second draft of this zoning by-law was released in April In the draft zoning by-law the subject site is zoned Convenience Commercial (C3-40). Permitted uses within the C3 zone include: - Assisted living facility above the first - Medical clinic storey - Automobile gas station - Nanobrewery - Bake shop - Office - Café - Old Gold shop - Child care centre - Personal brewing establishment - Commercial school - Personal service shop - Commercial service - Pet services (Class A) - Commercial wellness - Restaurant - Dwelling units above the first storey - Retail store (includes drug store, food store and variety store) - Electronic gaming centre - Take-out restaurant - Financial service - Veterinary clinic - Long term care facility above the first storey The C3-40 zone permits a restaurant use. It also permits a height of up to 40 metres and 12 storeys. Overall, the intent of the C3 zone complements the Convenience Commercial designation in the Official Plan. Planning Justification Report 22 July 2017

31 5.0 CONCLUSION This Planning Justification Report concludes that the proposed Zoning By-law Amendments for 5 Westhill Drive to permit the proposed development of the subject site for a restaurant use with a drive-thru is in the public interest and represents good planning for the following reasons: 1. The proposal is consistent with the relevant policies of the Provincial Policy Statement. 2. The development of the site utilizes existing and planned infrastructure resulting in a more efficient use of services, consistent with the Provincial Policy Statement. 3. The proposal is consistent with the relevant policies of the Growth Plan for the Greater Golden Horseshoe. It promotes development in targeted growth areas. 4. The proposed development is consistent with the relevant policies of the City of Waterloo Official Plan. 5. The proposed development meets the objectives of the Convenience Commercial designation in the City of Waterloo Official Plan as it is a smaller scale commercial use that will provide for the everyday needs of surrounding residents and complement existing commercial uses. 6. Introducing a restaurant use into the existing mixed-use area will contribute to the development of a more complete community. The development will enhance the node, complementing the existing commercial and residential uses and will not detract from the planned function of other parts of the City. 7. The proposed development has considered the City of Waterloo s Urban Design Manual, specifically in regards to the design of the proposed drive thru. 8. The proposed development represents good planning principles as detailed in this report, and will provide the community with a well-designed development. Planning Justification Report 23 July 2017