Report to: From: Chair & Members of the Administration & Planning Standing Committee W.F. Mann, Director of Planning and Development Date: April 16, 2012 PD 022-12 (Z19/11) Subject: Technical Report Proposed Amendment to the Zoning By-law by Giuseppe Di Filippo, applicable to lands municipally identified as 1098 Thompson Road to permit the development of a restaurant use with associated drive through service facility use (ie Tim Horton s). RECOMMENDATION: THAT Planning and Development Department Report PD- 022-12 outlining an amendment to the Town of Milton Zoning Bylaw, to change the current zoning Future Development (FD) zone to a site specific Local Commercial (C3*162) on the subject lands in order to permit the development of the lands for the purpose of a restaurant with associated drive through service facility use., BE APPROVED; AND THAT staff be authorized to bring forward an Amending Zoning By-law in accordance with the Draft By-law attached as Appendix 1 to Report PD- 022-12 for Council adoption. EXECUTIVE SUMMARY The Applicant is seeking to rezone a vacant parcel of land in order to accommodate the development of the lands for the purpose of a restaurant and drive through service facility (Tim Horton s). Conclusions and Recommendations: Staff recommends that the application for an amendment to the Zoning By-law, to permit the above noted use, BE APPROVED for the following reasons: 1. The proposal conforms to the Provincial, Regional and Town planning policy and provides for appropriate land uses and development standards which achieve both the built form and functional site design desired.
Page No. 2 2. The proposed land uses are compatible with adjacent land uses and appropriate for the use of the subject lands. 3. The proposal provides viable commercial/retail space to meet the needs of Milton s growing population. 4. The proposal meets all of the technical requirements of the affected Departments and other agencies. 5. Any required site design, landscaping and buffering requirements can be enforced through the site plan review process and the associated agreement and performance guarantee (securities). REPORT Background Owner Giuseppe Di Filippo c/o John Paladino, Barrister & Solicitor 447 Speers Road, Unit 200B Oakville, ON. L6K 3S7 Authorized Agent Terry Korsiak, Korsiak & Company Ltd. 2400 Wyecroft Road, Unit 6 Oakville, ON. L6L 6M8 Location/Description The subject lands have an area of approximately 0.39 hectares (0.96 acres) in size and are located at the northwest corner of Thompson Road and Louis St. Laurent Avenue and are municipally identified as 1098 Thompson Road. The subject lands have been used in the past for agricultural/gardening uses. The location of the property is illustrated on Figure 1. The subject lands are bordered by Bristol District Park to the north and the west, with existing residential uses to the northwest of the park. On the northeast corner of Thompson Road and Louis St. Laurent Avenue is an existing commercial plaza (anchored by the Metro Supermarket). Lands to the south of the subject lands are zoned future development and are included within the Boyne Survey Secondary Plan and are generally vacant and include an existing residential dwelling on the southeast corner of Louis St. Laurent Avenue and Thompson Road.w
Page No. 3 The following reports have been submitted in support of the proposed development: Planning Justification Report, prepared by Korsiak and Company, dated February 2012. Traffic Impact Study, prepared by MMM Group Limited, dated December 2011. Planning Policy Provincial Policy Statement (PPS) (2005) The PPS provides policy direction on matters of provincial interest related to land use planning and development and encourages development to be consistent with the following relevant policies: Settlement areas shall be the focus of growth and their vitality and regeneration shall be promoted. Supports the development of strong communities through the promotion of efficient, cost-effective development and land-use patterns intended to stimulate economic growth. Encourages the provision of sufficient land for industrial, commercial, residential, recreational, open space and institutional uses to meet long term needs. Existing infrastructure and public service facilities should be optimized, wherever feasible, before consideration is given to developing new infrastructure and public service facilities. Efficient use shall be made of existing and planned infrastructure. It is staff s opinion that the proposal achieves the objectives and is consistent with the above noted relevant Provincial policies. Places to Grow Places to Grow is the Ontario government's program to manage growth and development in Ontario in a way that supports economic prosperity, protects the environment and helps communities achieve a high quality of life. The Plan envisages increasing intensification within the existing built up area and states that Official Plan policies should encourage such intensification. The subject property is located within the built up area. It also encourages the development of complete communities with a diverse mix of land uses within a compact development pattern.
Page No. 4 In this way a diversity of opportunities for living, working and enjoying culture can be achieved whilst maintaining easy access to local stores and services. Region of Halton Official Plan The proposal has been reviewed within the context of the 2006 Regional Plan. The subject property is located within the Urban Area land use designation. Policy 76 of the Regional Plan states that the range of permitted uses and the creation of new lots will be in accordance with Local Official Plans and Zoning Bylaws. All development, however, shall be subject to the policies of the Plan. Regional staff has indicated that they have no objection to the proposed zoning amendment from a land use perspective. Town of Milton Official Plan/Bristol Survey Secondary Plan The lands are designated Secondary Mixed Use node on Schedule B Urban Area Land Use Plan as well as on Schedule C-6-D of the Bristol Survey Secondary Plan Land Use Plan. The Secondary Mixed Use node provides a range of commercial uses to serve the surrounding residential uses, including a major food store, as well as a location for office and institutional and a full range of residential uses including low, medium and high densities. Policy 3.6.3.4 states that Secondary Mixed Use Nodes within the Urban Expansion Area will require special design standards to ensure their integration with surrounding development, in particular: a) Be oriented to public streets and have a strong street presence b) Incorporate landmarks such church spires, fountains or public art c) Give consideration in design and development to the creation of an environment which is comfortable for the pedestrian and transit supportive. Policy 2.2.3.10 states that new development within the Urban Expansion Area shall include pedestrian walkways, bicycle paths and transit routes and shall address the protection of the physical character of these neighbourhoods through urban design. Policy 3.6.3.7 states that the Secondary Mixed Use Nodes located at Thompson Road and Louis St. Laurent shall be subject to the following exceptions:
Page No. 5 a) a total commercial floor space within each Node of up to 14, 464 square metres shall be permitted; and b) unless the total commercial floor space exceeds 14, 464 square metres, the submission of a market impact study shall not be required. Zoning By-law 144-2003, as amended The subject lands are currently zoned Future Development (FD). The current zoning does not provide for the development of a restaurant and drive thru service facilty. Accordingly, a zoning amendment is required. The amendment is to rezone the lands to a Local Commercial (C3*162) zone. In addition to site specific provisions related to the design and functionality of the site, a site specific provision which requires a minimum of 16 drive through queuing spaces will also be included (See attached Appendix 1). Site Plan Control Should the application be approved, the developer is required to obtain site plan approval prior to building permit issuance. Detailed site plan drawings addressing such matters as building elevations, lot grading and drainage, site design, lighting and landscaping will be required to be submitted for review and approval. The developer will also be required to enter into a site plan agreement with the Town and provide securities to guarantee the completion of works in accordance with the approved drawings. Consultation Public Consultation Notice of a Statutory Public Meeting was circulated to all persons assessed in respect of land within 120 m of the subject property on February 29, 2011 and the Public Meeting was held March 19, 2012. No concerns or issues were raised by the public with regards to the proposal. Agency Consultation The application was circulated to internal departments and external agencies and the following Town departments and external agencies had comments: Region of Halton
Page No. 6 Regional staff has noted that they have no objection to the proposed zoning amendment. Regional staff are satisfied that the proposed land use is in conformity with the Provincial Policy Statement, Places to Grow Plan, and the Regional Official Plan. Milton Development Engineering Services Development Engineering has reviewed the zoning amendment application, and has no objection to its approval, specific site requirements dealing with stormwater, traffic, transit, servicing, grading and drainage will be dealt with at the site plan approval stage. Further, detailed Engineering comments will be provided at the time of Site Plan review. Community Services Community Services has reviewed the zoning amendment application and have indicated no objection to its approval. Community Services recommends that the pedestrian trail located within the right of ways of Thompson Road and Louis St. Laurent and which currently dead end at the subject lands, be extended through the frontages and connected to provide full pedestrian access. Conservation Halton (CH) Conservation Halton have reviewed the zoning amendment application and offer no objections to its approval. Discussion The subject lands are currently zoned Future Development (FD) and the applicant is seeking to rezone the lands to a site specific Local Commercial (C3*162) to accommodate the development of a restaurant and associated drive through service facility (i.e. a Tim Horton s). The main issues associated with this application concern Official Plan conformity and the impact of the development on traffic (including the provision of adequate queuing associated with the drive through service facility).
Page No. 7 Official Plan Conformity The subject lands are designated Secondary Mixed Use Node within the Town s Official Plan which allows for a full range of commercial uses. In reviewing proposals for development with the Secondary Mixed Use nodes, the Official Plan relies on Sections 3.6.3.4, 2.2.3.10 and 3.6.3.7 as evaluation criteria. Section 3.6.3.4 states that Secondary Mixed Use Nodes within the Urban Expansion Area will require special design standards to ensure their integration with surrounding development, in particular: a) Be oriented to public streets and have a strong street presence b) Incorporate landmarks such church spires, fountains or public art c) Give consideration in design and development to the creation of an environment which is comfortable for the pedestrian and transit supportive. Additionally, Section Policy 2.2.3.10 states that new development within the Urban Expansion Area shall include pedestrian walkways, bicycle paths and transit routes and shall address the protection of the physical character of these neighbourhoods through urban design. The concept plan submitted with the application plan proposes the restaurant building to be oriented towards the intersection of Thompson Road and Louis St. Laurent and located in a manner to achieve street presence. Additionally, the parking, as well as the drive through queuing lane is located to the rear of the property behind the structure. Landscaping and fencing will be used to provide additional screening of the parking areas from the public realm. With regards to the provision of pedestrian walkways/bicycle paths, the applicant will be working with the Town s Community Services and Engineering Departments to establish a connection to the pedestrian trail within the Town s right of way which currently dead ends (both on Louis St. Laurent and Thompson Road) at the subject lands. The Site Plan Approval process will ensure that the adequate screening of the parking area, as well as the provision of the pedestrian connection, is achieved. Section 3.6.3.7 states that within the individual Secondary Mixed Use Node, a maximum commercial floor space of up to 14, 464 square metres is permitted. Currently, only the northeast corner of the Node (Thompson Road and Louis St. Laurent Avenue) is developed and has an existing total gross floor area of 11, 081 square metres and as such there is additional commercial gfa available. As part of the Boyne Survey Secondary Plan, additional commercial floor space (approximately 160,000 square feet) is to be allocated to this Node It should be noted however, that the proposed restaurant and drive through service facility would not be counted against the commercial floor
Page No. 8 space cap imposed on this area and there are no issues with respect to conformity with Section 3.6.3.7. Based on the foregoing, staff is of the opinion that the application conforms to the relevant policies as set out in the Official Plan. Traffic Given the proximity to the intersection of Thompson Road and Louis St. Laurent Avenue, as well as the levels of traffic usually associated with restaurants and drive through service facilities, the impact of the development on the local traffic system was identified as a potential concern. A Traffic Study prepared by MMM Group, dated December 2011 was submitted in support of the application and was subsequently reviewed by the Town s Traffic Coordinator. The study was undertaken to address the impacts of the proposed use on the local road network and to assess the functionality of the proposed accesses. A right-in, right-out access is proposed onto Thompson Road and a full moves access is proposed onto Louis St. Laurent Avenue. Based on the review of the proposed development, using existing conditions as well as predicted future conditions (including a widening of Louis St. Laurent Avenue to four lanes and using a growth rate of 2.5% per annum), it was found that the development proposal will have an insignificant impact on boundary road operations and the level of service will continue to operate at levels comparable to existing conditions. Additionally, as drive through services associated with Tim Horton s restaurants typically generate a high demand for queuing, staff had requested that the Traffic Study conduct a drive through queuing analysis to ensure that queuing can be accommodated on-site and no spillback onto the right of way occurs. The development proposes a double stacked drive through queuing lane resulting in 16 queuing spaces (with additional queuing space available) being provided with 132 metres of queuing space. The Town s Zoning By-law requires 10 spaces. Based on a review of similar sites and an analysis of the queuing space provided/available on site, the report found that no queuing issues were expected and no spillback onto the public right of way would occur. The Town s Traffic Coordinator has no objections to the application based on traffic considerations and have concluded that the study is satisfactory. Accordingly, Planning staff is satisfied the addition of the proposed use will not result in unacceptable levels of traffic or spillback onto the right of way. Relationship to the Strategic Plan
Page No. 9 The application meets the goals of A safe, liveable and healthy community and Well Managed Growth, Well Planned Spaces of the Town s Strategic Plan (Destiny Milton 2) by being consistent with the following directions: Encourage the development of a range of uses that will support Milton as a place to work, live and play; Encourage the provision of a healthy supply of employment and commercial lands to serve local needs at all times; Encourage the efficient use of land to make the best use of infrastructure and services; Encourage the development of the business infrastructure required to attract uses that will contribute to the quality of life in the Town; Financial Impact Should the application be approved, some change in the assessed value of the subject lands for property tax purposes is anticipated. In addition, development charges would be payable upon building permit issuance. Respectfully submitted, W.F. Mann, MCIP, RPP, OALA, RPF Director of Planning & Development ar If you have any questions on the content of this report: Aaron Raymond, 905-878-7252 ext 2313 Attachments: Figure 1 Location Map Figure 2 Concept Site Plan Appendix 1 Draft Zoning By-law CAO Approval: