AGENDA - Special Council - 20080423SPECIAL COUNCIL
PUBLIC PLANNING
AGENDA
NO.0842
WEDNESDAY, APRIL 23, 2008
7:00 P.M.
COUNCIL CHAMBERS
AURORA TOWN NALL
PUBLIC RELEASE
18/04/08
TOWN OF AURORA
SPECIAL COUNCIL - PUBLIC PLANNING MEETING
AGENDA
NO. 08-12
Wednesday, April 23, 2008
7:00 p.m.
Council Chambers
I DECLARATIONS OF INTEREST
II APPROVAL OF AGENDA
RECOMMENDED:
THAT the agenda be approved as presented.
III PLANNING APPLICATIONS
IV READING OF BYLAWS .
RECOMMENDED:
THAT the following listed by-law be given 1st, 2nd and 3rd
readings, and enacted:
5024-08.0 BEING A BY-LAW to Confirm Actions by Council pg. 13
Resulting From Special Council — Public Planning
Meeting 08-12 on April 23, 2008.
V ADJOURNMENT
Aurora Special Council — Public Planning Agenda No. 08-12 Page 2
Wednesday, April 23, 2008
AGENDA ITEMS
1. PL08-037 - Application to Amend the Zoning By-law pg. 1
Imperial Oil Ltd.
Part of Lot 21, Concession 2
1472 Wellington Street East
File: D14-02-08
RECOMMENDED:
THAT report PL08-037 be received as information and that Council
determine their position with respect to the application, subject to public
comments received.
SPECIAL COUNCIL - PUBLIC PLANNING APRIL 239 2008 ITEM # - I
i— TOWN OF AURORA
AURgRA PUBLIC PLANNING MEETING No. PL08-037
SUBJECT: Application to Amend the Zoning By-law
Imperial Oil Ltd.
Part of Lot 21, Concession 2
1472 Wellington Street East
File: D14-02-08
FROM: Marco Ramunno, Director of Planning and Development Services
DATE: April 23, 2008
RECOMMENDATION
THAT report PL08-037 be received as information and that Council determine their
position with respect to the application, subject to public comments received.
BACKGROUND
Histo
In 2006, .the property was developed for an Esso gas station; consisting of a convenience
store, gas pump islands and a carwash. Recently, Imperial Oil Ltd. submitted a zoning by-
law amendment application to permit a drive-thru/take-out restaurant as an additional
permitted use to the existing zone category- "Service Commercial C3-1 Zone (Rural)" to
facilitate a drive-thru Tim Horton's restaurant to be located within the existing_ convenience
store.
Notification
Notice of the subject application was given by mail to all assessed property owners within
120 metres of the subject property, a public notification in the Aurora Era Banner on April
1, 2008 and information sign was placed on the property. An email was received from a
resident expressing a need for full service gas stations particularly within the older areas of
Town.
Location/Land Use
The subject lands are located at the northwest corner of Wellington Street East and Leslie
Street, municipally known as 1472 Wellington Street East (see Figure 1). The lands are
0.53 ha (1.31 acres) in size with frontages of approximately 65.0 m ( 213.3 ft.) on Leslie
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SPECIAL COUNCIL - PUBLIC PLANNING APRIL. 23, 2008 ITEM # - 2
April 23, 2008 -2- Report No. PL08-037
Street and 77.0 m (253 ft.) on Wellington Street East.
Surrounding Uses
North: Residential dwelling; lands designated "Community Commercial and Linear
and Other Open Spaces" (Town lands); .
South: Wellington Street East; beyond is vacant lands designated "Business Park";
East: Leslie Street; beyond is vacant lands designated "Community Commercial"
(proposed Sunoco gas bar and car wash);
West: Residential dwelling; lands designated "Community Commercial".
Official Plan
The subject lands are designated "Community Commercial" by the Bayview Northeast Area
2B Secondary Plan (OPA#30).
Zoning By-law
The subject lands are zoned "Service Commercial C3-1 Zone (Rural)" within the Town of
Aurora by-law 2213-78, as amended.
PROPOSAL
Zoning By-law Amendment
The applicant proposes to expand the uses permitted on this site to include a drive-
thru/take-out restaurant to facilitate a drive-thru Tim Horton's restaurantto be located within
the existing convenience store with an associated drive-thru stacking lane (Figure 2)..
As the proposed use is not permitted, the applicant has applied to permit a drive-thru/take-
out restaurant as an additional permitted use to the existing zone category- "Service
Commercial C3-1 Zone (Rural)".
The existing C3-1 Zone permits the following uses:
animal hospitals and kennels
antique shops
automobile service stations
convenience retail stores
farm implement dealerships
gasoline bars
garden and nursery sales and supply establishment including commercial
greenhouses
one apartment dwelling unit above in accordance with the provisions of Section 7.4
herein
outside storage in accordance with the provisions of Section 19.3 may bepermitted
.2.
SPECIAL COUNCIL - PUBLIC PLANNING APRIL 23, 2008 ITEM # 1-3
April 23 2008 - 3 - Report No. PL08-037
in conjunction with the above noted permitted uses
one detached dwelling unit per lot in accordance with the provisions of Section 8.2
Site Plan Amendment ADDlication
To facilitate the proposed drive-thru restaurant and associated stacking lane, the site plan
has been modified from the original approved site plan under file D11-21-05.. The
applicant has submitted a site plan amendment application under file D11-21-05 (A)
together with the zoning by-law amendment application. Staff are currently reviewing the
second site plan amendment submission (Figures 2, 3 and 4). A separate report on the
site plan changes will be brought to Council at a future date, should Council approve the
zoning by-law amendment.
The modifications to the approved site plan include:
• a drive-thru lane proposing 12 stacking spaces between the existing building and the
Wellington Street East and Leslie Street frontages
• elimination and relocation of 7 existing required parking spaces to accommodate the
drive thru stacking lane
• the deletion of the 2 vacuum spaces as required parking spaces; as they do not meet
the definition of a parking space
• the relocation of a total of 9 required parking spaces being proposed along the west
property line and the addition of spaces in the bar wash area
• redesign of the walkway from Wellington Street East and the intersection to Wellington
Street East to the convenience store/take out restaurant
• additional landscaping along the Wellington Street East and Leslie Street frontages
• modifications to the fagade of the convenience store/take out restaurant
• proposed feature wall at the intersection
• other minor modification and technical matters to be finalized through the plan
amendment review process
The buildings including the convenience store/car wash and the gas pumps remain in
place, as well as the existing vehicle access points to the site including the right-in/right-out
access on Leslie Street and the right-in/right-out access on Wellington Street East.
COMMENTS
Planning Consideration
The subject lands are designated "Community Commercial' by the Bayview Northeast Area
2B Secondary Plan (OPA#30). The policy states that "drive-thru commercial, uses, such
as restaurants and financial institutions, are allowed provided that they are designed as an
integral part of the overall development, and are situated close to the street in a manner
SM
SPECIAL COUNCIL - PUBLIC PLANNING APRIL 23, 200t3 ITEM # 1 - 4
April 23, 2008 - 4 - Report No. PL08-037
which assists in screening and buffering surface parking.and contributing to an enhanced
urban design". The proposed drive-thru restaurant conforms to the official plan. In regards
to the design of the overall development, this is an existing stand alone development which
does not currently interconnect with other sites; however, staff have required that the
applicant provide an alternate site plan (as per the D11-21-05 site plan) which provides for
site coordination with the property to the west once those lands are proposed to be
developed. In regard to the design/location and screening of the drive-thru, the Town's
urban design peer review consultant, Brook Mcllroy Inc/Pace Architects (along with the
Town's landscape architect) are reviewing this proposal to ensure compliance with the
Official Plan policies and the Wellington Street East Corridor Urban Design Guidelines.
The Town's urban design consultant and staff advise that the proposal is in keeping with
Town policy in regard to buffering and screening of the drive-thru facility.
Drive-thru Facilities Study
The Planning Department has reviewed the subject proposal relative to the drive-thru study
being conducted by the Planning Department. At this time, staff is gathering industry
comments prior to bringing forward to Council a. draft official plan amendment and draft
zoning by-law amendment for review and consideration. This report is anticipated to be
presented to Council in the near future.
The following is an analysis of how the proposed drive-thru facility conforms to the
proposed drive-thru criteria developed to date.
• 30 metre distance separation
Screening and Sound Attenuation
The proposed criteria prohibit drive-thru facilities to be located within 30 metres (98 ft.) of a
residential zone. The criteria also state that a property permitting a drive-thru facility
abutting a residential zone shall have a 1.8 m (5.9 ft,) high solid wood fence running along
the property line as well as a requirement for a 3 m (9.8 ft.) grassed or landscaped strip.
The developer shall also provide to the Town a Sound Attenuation Study.
The separation distance between the proposed stacking land and the existing residential
property to the west is approximately 18 m (59 ft.), which is being used for residential
purposes but is within a Rural Zone. The abutting property is screened by an existing 1.8
m (5.9 ft.) solid cedar noise barrierfence and 2.5 m (8.2 ft.) landscape strip. As requested
by staff, the applicant submitted an updated sound attenuation study to account for the
proposing drive-thru facility. The study certifies that the mitigation measures which are in
place are acceptable. Given the above, and that the development is existing, staff believe
that the reduced distance separation is minor and appropriate in this instance. The
existing screening and sound attenuation measures are also considered appropriate.
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SPECIAL COUNCIL - PUBLIC PLANNING APRIL 23, 2008 ITEM # 1-5
April 23, 2008 - 5 - Report No. PL08-037
- Stacking
The Town's current zoning by law does not provide a minimum vehicle stacking spaces
requirement for drive-thru facilities. Staff are currently analyzing the stacking space criteria
as part of the ongoing study.
Staff requested that the applicant submit a Traffic Analysis which has been reviewed bythe
Region of York Transportation Department given that Wellington Street East and Leslie
Street are regional roads. The Region has reviewed and commented on the Traffic
Analysis, prepared by Read, Voorhees & Associates Limited. This report supports 12
stacking spaces and provides that 12 stacking spaces shall accommodate 95% of the
queues that occur at this facility without affecting any of the driveway movements.
Furthermore, as noted in the drive-thru facilities report presented to Council at the Public
Planning Meeting of May 23, 2007, Durham Region has commissioned a study entitled
"Joint Municipal Study of Fast Food Restaurant Drive-Thru and Parking" which also
concluded that based on the survey results and analysis, a drive-thru queue space of 12
vehicles would adequately provide for 95% or more of the demand among all drive-thru
restaurant sub -categories.
Staff are satisfied that the proposed 12 vehicle stacking spaces is appropriate for this
proposal.
- , Parking and or stacking between the building and the street should be avoided
It is acknowledged that this is an existing site and the placing of stacking between the
building and the street cannot be avoided. Furthermore, in this instance the proposed
location of the stacking lane would maximize the distance to the existing adjacent
residential properties, would be partially screened to the street due to the existing grade of
the property as well as the proposed screening of the drive-thru stacking lane.
Other Matters
Relocation of existing parking spaces
In order to facilitate the drive-thru stacking lane, existing parking spaces are proposed to
be removed and relocated along the west property line and in front of the garbage
enclosure. As shown on the proposed site plan (Figure 2), the 2 vacuum parking spaces
are blocked by the stacking lane. These spaces are not included in the required parking,
as they do not meet the zoning definition of a parking space which shall be accessible at all
time. The applicant advises that vacuum spaces are seldom in use in the peak periods,
and therefore should be accessible when required. The subject development meets the
Town's parking standard.
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SPECIAL COUNCIL - PUBLIC PLANNING APRIL 23, 2008 ITEM # - 6
April 23, 2008 - 6 - Report No. PL08-037
■ Accessibility I Full Service Gas Stations
On March 19, 2008 the Accessibility Advisory Committee. reviewed the Site Plan
Amendment Application and passed the following resolution:
THAT it be recommended to Council that the Planning & Development Services
Department be requested to Include a clause in the Site Plan Development
Agreement which will require the applicant, Imperial Oil, to provide full service gas for
a minimum of 6 hours per day for persons with disabilities; and
THAT signage be posted indicating full service and the hours of operation.
Furthermore, on April 8, 2008 Council directed Staff to report back on the matter. The
Planning Department is preparing a report regarding this matter which will be brought
forward to Council in May 2008.
Staff advise Council that they have before them a zoning by-law amendment application to
permit a drive-thru/take-out restaurant as an additional permitted use to the existing zone
category- "Service Commercial C3-1 Zone (Rural)" to facilitate a drive-thru restaurant to be
located within the existing convenience store. Should Council support the subject zoning
application, staff will present to Council at a later date, an implementing zoning by-law
amendment and an amended site plan addressing all site plan matters including the
provision of full service gas pumps for persons with disabilities.
Department Comments/Region of York Transportation Services Department
All Town Departments and the Region of York Transportation Department have reviewed
and provided comments on the subject zoning by-law amendment application and have no
further comment. The Public Works Department have reviewed the Environmental Noise
Analysis Update prepared by VaIGOUStIGS which concludes that no additional noise
mitigation measures other than those already in place are required. The Region of York.
Transportation Services Department has reviewed the Traffic Analysis, prepared by Read,
Voorhees & Associates Limited and has no objection.
SERVICING ALLOCATION
Not applicable.
FINANCIAL IMPLICATIONS
Not applicable.
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SPECIAL COUNCIL - PUBLIC PLANNING APRIL 239 2008 ITEM # 1-7
April 23, 2008 - 7 - Report No. PL08-037
LINK TO STRATEGIC PLAN
The Strategic Plan contains objectives to ensure high quality, comprehensive community
planning to protect the overall investment of citizens in the community. Critical review of
the subject application thru the zoning by-law amendment process will facilitate this
objective.
OPTIONS
At the Public Planning Meeting, taking into consideration comments from staff and
residents, Council has the option of:
• Approving the application in principle, subject to the resolution of outstanding
issues; or
• Resolving that the application be brought back to Committee or a further Public
Meeting upon resolution of the major outstanding issues, or
Refusal of the application.
CONCLUSIONS
Imperial Oil Ltd. has submitted a zoning by-law amendment application to permit a drive-
thru/take-out restaurant as an additional permitted use to the existing zone category -
"Service Commercial C3-1 Zone (Rural) The proposal consists of a drive-thru Tim
Horton's restaurant to be located within the existing convenience store with an associated
drive-thru stacking lane.
Should Council determine there is merit in the proposal, it is recommended that the
application be approved in principle, subject to the resolution of outstanding issues and
staff be directed to prepare an implementing zoning by-law amendment.
li!
SPECIAL COUNCIL —PUBLIC PLANNING APRIL 23, 2008 ITEM # 1 - 8
!`1
April 23, 2008 - 8 - Report No. PL08-037
ATTACHMENTS
Figure 1 - Location Plan
Figure 2 - Proposed Site Plan
Figure 3 - Proposed Landscape Plan
Figure 4 - Proposed Elevation Plan
PFtE-SUBMISSION REVIEW
Management Team Meeting —April 16, 2008
Prepared by. Cristina Celebre, Planner
Extension 4343
Marco fiamunno. MCIP, RPP bhhn Rogers
Director of Planning and Development C.A.O.
Services
-8.
SPECIAL COUNCIL - PUBLIC PLANNING APRIL 23, 2008 ITEM # 1-9
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