Planning and Building Department. Rezoning Application by Millington & Associates for 601 Brant Street

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1 Page 1 of Report PB TO: Community Development Committee Planning and Building Department SUBJECT: Rezoning Application by Millington & Associates for 601 Brant Street Report Number: PB File Number(s): /12 Report Date: October 22, 2012 Ward(s) Affected: All Date to Committee: November 12, 2012 Date to Council: November 26, 2012 Recommendation: APPROVE the application for a Zoning By-law Amendment, submitted by Millington & Associates, 3380 South Service Rd., Burlington, Ontario, L7N 3J5, on behalf of Brant Victoria Properties, C/O 50 Acadia St. Suite 303 Markham, Ontario, L3R 0B3 to rezone the lands at 601 Brant Street from DC-16 to DC-435, to permit a fast-food restaurant in one portion of an existing commercial building; and INSTRUCT staff to prepare the By-law to amend Zoning By-law 2020, as amended, rezoning the lands from DC-16 to DC-435, following the payment of all applicable fees. The exception is to contain the following provisions: Exception 435: Additional permitted Use: One Fast Food Restaurant with a maximum gross floor area of 270m 2. Additional Prohibited Use: Drive Through Facility Except as amended herein, all other provisions of this By-law, as amended, shall apply. DEEM that the amending Zoning By-law conforms to the Official Plan for the City of Burlington. Purpose: Address goal or action in strategic plan Establish new or revised policy or service standard

2 Page 2 of Report PB Respond to legislation Respond to staff direction Address other area of responsibility Reference to Strategic Plan: Vibrant Neighbourhoods Prosperity Excellence in Government N/A Burlington s Strategic Plan, Burlington, Our Future identified Vibrant Neighbourhoods as one of its strategic directions. Action item 1 strives to Ensure that neighbourhoods and commercial areas, including the downtown, are safe and accessible places to live and gather for activities 1.b seeks to Create a strategy to redevelop aging retail areas into mixeduse people places. Further Action Item 2 seeks to Increase the number of people who cycle, walk and use public transit for recreation and transportation and includes a direction to 2 c. Promote walking and cycling-friendly neighbourhoods to ensure community safety and accessibility. Another strategic direction contained in the Strategic Plan is prosperity and seeks to Nurture an innovative business community and work with partners to create employment and lifestyle opportunities for people of all ages. Action items identified to achieve this include: 1 f. Encourage a vibrant and healthy mixed-use downtown.

3 Page 3 of Report PB Report Fact Sheet RECOMMENDATIONS: Approval with Conditions Ward No.: 2 APPLICANT: Millington & Associates Application Details OWNER: Brant Victoria Properties FILE NUMBERS: /12 TYPE OF APPLICATION: Zoning By-law Amendment Property Details PROPOSED USE: PROPERTY LOCATION: MUNICIPAL ADDRESSES: PROPERTY AREA: Fast Food Restaurant (coffee and bake shop) Southeast corner of Brant Street and Victoria Avenue 601 Brant Street 0.23 ha; Approximate Frontages: Victoria Avenue: 31 m Brant Street: 40 m EXISTING USE: Former video store (vacant since October 2011) OFFICIAL PLAN Existing: Downtown Core Precinct Documents OFFICIAL PLAN Proposed: ZONING Existing: No Change DC-16 ZONING Proposed: DC-435 Processing Details NEIGHBOURHOOD MEETING: May 15, 2012 STATUTORY PUBLIC MEETING: September 10, 2012 PUBLIC COMMENTS: 31 people provided comments to the planning and building department via , faxed letters as well as at the neighbourhood and statutory public meetings.

4 Page 4 of Report PB Sketch 1: Area Sketch Air Photo

5 Page 5 of Report PB Background Site and Application Details Site Description The subject property is 0.23 hectares in size and is located at 601 Brant Street at the south east corner of Brant Street and Victoria Avenue as shown on the attached Sketch No. 1 and air photo above. The property has approximately 31 m of frontage on Victoria Avenue and 59 m along Brant Street. The existing building was previously occupied by a video store. However, it has been vacant since the closure of the store in October The property is surrounded to the north by a car dealership, to the south and east by an office and commercial plaza and associated parking, further east, residential buildings and to the west by a mix of office and commercial uses in older residential buildings. Additionally, there are two schools located north west of the property Burlington Central High School and Central Public Elementary School. There is a third school, St. John the Baptist Catholic Elementary School located further north along Brant Street. The subject site is part of a larger commercial development, the Brant Plaza, located between 559 and 601 Brant Street (approximately 1.9 hectares or 4.7 acres) on the east side of Brant Street. History 601 Brant Street has been the subject of a number of previous development applications: In 1987, a zoning By-law amendment application was submitted to permit a free-standing fast food restaurant with a drive through facility and off-site parking through a legal agreement with the City. The application received negative comments from the Engineering Department due to concerns with the proposed configuration of the fast food restaurant and drive through facility in the centre of the plaza parking lot. It was subsequently withdrawn. ( /87) In 1989, another zoning By-law amendment application was submitted to permit a stand alone two storey commercial building at the corner of Brant Street and Victoria Avenue as well as an expansion to the existing Brant Plaza, site specific landscape requirements and reduced parking requirements for office and retail. Based on staff s research, the reduction in parking was recommended to bring the site into compliance with the Downtown Plan of the time, Momentum 88. The fast food restaurant component was eliminated from this proposal due to concerns raised during the previous application. Fast food

6 Page 6 of Report PB restaurants were specifically prohibited in the resulting exception number. ( /89) Site Plan application (1994) for the subject building (535-22/94). A Committee of Adjustment application was also submitted to facilitate the site plan application. Variances granted pertained to reduced yard setbacks and landscape strips as well as the elimination of a requirement for a visibility triangle. These variances reflect the current structure.( a178/94) Since construction of the approved building, a video store occupied the site until October In March 2012, Millington & Associates submitted an application to amend the Zoning By-law 2020 (as amended) to permit a fast food restaurant at 601 Brant Street. On May 15, 2012, a Neighbourhood Meeting was held in the evening at Central High School. There were approximately 25 members of the public in attendance. A statutory public meeting was held for this application on September 10, There were approximately 30 members of the public who attended the Community Development Committee meeting. Description of Application The purpose of this application is to permit a fast food restaurant use in an existing commercial building. The applicant requests the additional permitted use for the western half of the building only (approximately 2833 square feet or 263 square metres) as shown on Sketch Nos. 1 and 2 contained in Appendix A. There is no drive through facility proposed. Appendix B contains the proposed floor plans and conceptual renderings. The applicant is requesting a site-specific Zoning By-law Amendment to the DC-16, Downtown Core zone of the Zoning By-law (DC-435). While Fast Food Restaurants are generally permitted uses in the Downtown Core Precinct, they are not permitted in the DC-16 zone regulations applying to the Brant Plaza site. Technical Reports The following technical reports were submitted in support of these applications: Planning Justification Report (dated February 2012) Functional Servicing Design Brief (Dated April 16, 2012) Traffic Impact Study (Dated July 25, 2012) Traffic Impact Study - Supplementary Analysis (Dated September 10, 2012)

7 Page 7 of Report PB Traffic Impact Study - Supplementary Analysis - Addendum (Dated October 11, 2012) Policy Framework The proposed Zoning By-law Amendment is subject to the following policy framework: the Provincial Policy Statement, 2005 (PPS), the Places to Grow: Growth Plan for the Greater Golden Horseshoe, the Halton Region Official Plan, the City of Burlington Official Plan and Zoning By-law, Provincial Policy Statement The Provincial Policy Statement (PPS), 2005, provides direction on matters of provincial interest related to land use planning and development. All municipal land use planning decisions must be consistent with the PPS. The proposed application conforms to PPS, specifically with policies related to Part V, Section 1, Building Strong Communities as identified below: Policy states that Settlement areas shall be the focus of growth and their vitality and regeneration shall be promoted. Further, Policy states that Land use patterns within settlement areas shall be based on: b) a range of uses and opportunities for intensification and redevelopment in accordance with the criteria in policy Accordingly, Policy stipulates that Planning authorities shall identify and promote opportunities for intensification and redevelopment where this can be accommodated taking into account existing building stock or areas, including Brownfield sites, and the availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs. Staff finds that the proposed Zoning By-law amendment application conforms with Section of the PPS as it provides an opportunity for intensification and regeneration within the downtown and makes use of an existing vacant building and existing infrastructure. The proposed development has potential to make use of the existing transit infrastructure as well. Additionally, Section 1.7 of the PPS provides direction on achieving longterm economic prosperity:

8 Page 8 of Report PB Policy states, Long-term economic prosperity should be supported by: b) maintaining and, where possible, enhancing the vitality and viability of downtowns and main streets. Planning staff are of the opinion that the proposed re-zoning will contribute positively to the vitality of the downtown and Brant Street which is the spine of Burlington s downtown. The proposed development will become a walkable and accessible destination for downtown residents and visitors to the downtown. The proposed tenant is a well-known, community-oriented organization that is anticipated to provide a long-term tenure for the site. Halton Region s Planning staff have also reviewed the application and find that the application is consistent with the PPS. Places To Grow Growth Plan for the Greater Golden Horseshoe The 2006 Places to Grow Growth Plan for the Greater Golden Horseshoe (Growth Plan) outlines matters of provincial interest and encourages cities and towns to develop as complete communities with a diverse mix of land uses through the management of growth in the Greater Golden Horseshoe to the year The Growth Plan envisions population and employment growth with a focus on Urban Growth Centers. The following policies have relevance to the re-zoning application as the subject property is located within Burlington s Urban Growth Centre boundaries. Policy states, Population and employment growth will be accommodated by d) reducing dependence on the automobile through the development of mixed-use, transit-supportive, pedestrian-friendly urban environments h) encouraging cities and towns to develop as complete communities Additionally, the Growth Plan contemplates that Urban growth centres will be planneda) as focal areas for investment in institutional and region-wide public services, as well as commercial, recreational, cultural and entertainment uses (Policy ). Staff has reviewed the application in the policy framework of the Growth Plan and finds that that it complies as it constitutes a pedestrian-friendly, and transit-supportive development in the Urban Growth Centre, and is accessible by residential, office, institutional and commercial uses in the downtown. Further, the proposed fast food restaurant is anticipated to

9 Page 9 of Report PB function as a new concept cafe and bake shop style restaurant that will achieve longer stays and serve as a destination location. Halton Region staff have reviewed the application and finds it to be generally in compliance with the Growth Plan. Halton Region Official Plan The lands are designated Urban Area in the current Regional Official Plan (ROP). This designation states that permitted uses shall be in accordance with local Official Plans and Zoning By-laws and other polices of the ROP. Halton Region staff have reviewed the application for conformity to the Regional Official Plan and finds that it complies. Halton Region staff have no objection to the proposed Zoning By-law amendment, subject to some conditions referred to below. City of Burlington Official Plan Functional Policies Part II of the Official Plan contains functional policies dealing with a variety of topics applicable throughout the city. One of the objectives of these policies is, to ensure that the design of the built environment strengthens and enhances the character of existing distinctive locations and neighbourhoods (Part II, Section c) Other design policies applicable to this uniquely-situated structure include: h) The streetscape appearance of major, multi-purpose and minor arterial roads and collector streets shall be enhanced by encouraging buildings to present their main building facades to these roads or to enhance their treatment to avoid the appearance of blank buildings at service entrances; and 6.5i) In addition, side and end elevations of buildings facing major, multi-purpose and minor arterial and collector roads should be designed with an upgraded level of architectural treatment for the purpose of avoiding the use of blank walls facing these roads. Building setbacks from the street are to be minimized along pedestrian and transit-oriented streets. Staff finds that the proposed Zoning By-Law Amendment complies with the Design policies contained in the city s Official Plan as the proposed tenant has planned some façade enhancements including canopies, lighting and the additional new building materials to the existing building on three elevations. Staff anticipates that the proposed changes will create a livelier and more inviting street presence as the applicant has proposed to move the entrance closer to Brant Street, at the corner of

10 Page 10 of Report PB the building and proposes to install canopies along the south, west and north elevations of the building. Further, the applicant intends to reduce the corporate signage in size (compared to the previous video store sign) to allow for better exposure of the Downtown Burlington gateway feature. This property marks the start of the Downtown Urban Growth Centre and as such the improvements to the façade will contribute positively to the distinct neighbourhood character of the downtown. City of Burlington Official Plan Land Use Policies The subject lands are designated as Mixed Use Centre on Schedule B, Comprehensive Land Use Plan Urban Planning Area and as Downtown Core Precinct on Schedule E Downtown Mixed Use Centre Land Use Plan. Fast food restaurants are within the scope of permitted uses within the downtown core precinct which permits a wide array of commercial activities. Additionally, the Official Plan requires that commercial uses be required continuously at grade and that on-site parking is not required, except for residential uses. Staff finds that the proposed Zoning By-Law amendment conforms with the intent of the Official Plan as the use is contemplated and the re-use of the building contributes to creating a pedestrian-friendly presence of retail services at the street level. In addition, although parking is provided on site, the property falls within the Downtown Parking Exemption Area, implemented though a By-Law in City of Burlington Zoning By-law 2020 The subject property is zoned DC-16, Downtown Core Precinct in Burlington s Zoning By-Law 2020, as amended. This site specific zoning designation provides additional regulations in addition to the regular Downtown Core Precinct regulations: 1. The following use is prohibited: Fast Food Restaurant 2. Regulations: a) Landscape area abutting Brant Street: South of the freestanding building 3 m Remainder of the site: 1.5 m b) Parking: 3.5 spaces per 100 m 2 of office floor space 4.5 spaces per 100 m 2 of retail floor space c) Yard abutting Victoria Avenue: 0.2 m The applicant is seeking a site-specific exception (DC-435) to permit a fast food restaurant in a portion of the existing building. Upon review of the existing Zoning By-Law regulations, staff discovered that the majority of

11 Page 11 of Report PB the regulations for the site had been made obsolete through a variety of planning approvals. The DC-16 regulations currently in place were approved following the 1989 rezoning application, for which the conceptual site plan was never achieved. The existing building is considered Legal Non-Conforming with respect to setbacks and landscape areas, however, as there are no additions to the building proposed, the building is permitted to exist as built. Through the 1994 rezoning, reduced parking standards were approved to be consistent with the Downtown Plan (Momentum 88). In 2007, an additional Zoning By-Law amendment was enacted which created a designated parking exemption area in the downtown whereby parking was not required for any uses, except residential. This amendment supersedes the previous parking requirements contained in DC-16. As such, the proposed DC-435 zone contains only a provision to permit a fast food restaurant without a drive through facility. Table 1.0 Proposed DC-435 Zoning Exception below discusses the proposed exceptions for the site: Zoning Exception Additional Permitted Use Proposed Regulation Fast Food Restaurant with a maximum gross floor area of 270 m 2. Discussion Based on staff s review of the history of development at this property, a fast-food restaurant was proposed as a part of an application which was withdrawn in The application proposed a standalone restaurant in the middle of the existing parking lot for the greater Brant Plaza. There were many concerns raised with regards to traffic and the fast food location previously proposed. Staff notes that the fast food restaurant proposed today would achieve the intent of the current Official Plan. The proposed coffee shop is planned to a be new concept restaurant

12 Page 12 of Report PB Additional Prohibited Use Drive through facilities which will function more as a café and bake-shop style store with improved furniture and seating to encourage extended stays. Additionally, it is important to note that previous concerns with fast food restaurant uses related in part to drive-through facilities being installed. There is no drive though facility proposed through the application, nor would staff support the installation of one at any location in the Downtown Core. While Drive Through Facilities are not permitted within the Downtown Mixed Use Centre, a number of concerns have been raised by public and staff with regards to any future potential for a drive through facility at the site. As such, staff strongly recommends including the prohibition on drive through facilities at this site. The applicant intends to comply with all other applicable provisions of the Zoning By-Law. Public and Technical Review Technical Review All internal departments and external agencies responding to the circulation indicated no objection to the application, subject to a series of conditions contained in Appendix C. While the Burlington Downtown Business Association (BDBA) did not indicate any objections, they did recommend that the proposed application represented an opportunity for a more muted corporate presence adjacent to BDBA s branded gateway feature at the corner of Brant St. and Victoria Avenue. BDBA notes the visual conflict that this feature had with the prominent video store brand on the north face of

13 Page 13 of Report PB the building (see Appendix D). Staff notes design and scale issues will be reviewed through the site plan approval stage. Transportation Services Review Throughout the course of processing of the subject application, concerns with traffic generation and road safety were raised. The following technical analysis has been prepared by Transportation Services, following review and consultation with all appropriate staff: The applicant was required to complete a traffic impact study at the request of Burlington s Transportation Services department to determine whether the additional traffic generated by the proposed development could be satisfactorily accommodated by the surrounding road network. Additional analysis was also conducted by City staff in response to resident concerns related to road safety and specifically at the Brant Street/Victoria Avenue/Baldwin Street intersection. The following is the summary and conclusion of the analyses. Based on staff s experience, Tim Horton s restaurants typically locate in areas where they are able to take advantage of existing pass by traffic. With the high number of these types of restaurants within most cities, most motorists tend to visit these businesses on their way to or from another destination. Uses such as fast food and high turn-over sit down restaurants as well as service stations all fall into the category of utilizing pass by traffic as a means of being successful. The traffic impact study submitted by the developer s consultant and reviewed by staff concludes that the additional traffic generated, will be accommodated by the surrounding road network and nearby intersections. Staff concurs with this assessment, and offers the following as justification for supporting this application from a transportation standpoint. Traffic Generation When analysing the trip generating characteristics of any development, it is common practice for staff to require that surveys be conducted at locations where a similar development is in operation. This application, unlike most other Tim Horton s restaurants will not contain a drive-thru facility, therefore, there are only two similar locations that were surveyed nearby, the Roseland Plaza and a Downtown Hamilton location at King Street and Caroline Street. Based on the nature of Tim Horton s business, the AM peak hour was chosen as critical time period for analysis. Based on the surveys conducted and the resulting

14 Page 14 of Report PB average trip generation rates, 236 (rounded) two way (inbound and outbound) vehicle trips during the AM peak hour would be generated by the proposed development if every customer drove a vehicle onto the site and no customers were attracted from the existing traffic flow in the immediate area. However, as indicated previously, based on staff s experience with reviewing a number of these types of developments from a transportation standpoint, this is a very unlikely scenario. It is very likely that a Tim Horton s development will draw transit users, pedestrians, cyclists and motorists from the adjacent road network and therefore the net increase (additional vehicular traffic) will be substantially less. The Institute of Transportation Engineers (ITE) publishes and continually updates an extensive database on a multitude of land uses across North America and is used by transportation professionals as a standard for determining trip generation as well as other trip making characteristics. Based on this document, high turn-over sit down restaurants such as the one proposed, is estimated to draw 38% of their trips from the existing road network. Also, based on the Transportation Tomorrow Survey (TTS) which is conducted every 5 years for all municipalities in the Greater Toronto and Hamilton area, the estimated transit usage for Ward 2 sits at approximately 5%, therefore it is likely that 5% of customers will arrive at the proposed development via transit. With respect to other transportation alternatives such as cycling and walking, based on the Roseland Plaza survey, 20% would be considered acceptable given the physical environment of the Downtown which is conducive to these modes of travel. Once these trip generation reductions are factored in, the proposed development is expected to generate in the order of 116 (this factors in reductions of 35% pass-by, 5% transit and 20% walking and cycling ) new two way (inbound and outbound) vehicle trips during the AM peak hour of the day. The remaining question is whether the adjacent road network is capable of absorbing the additional traffic generated. The capacity of a typical urban travel lane is 800 vehicles per hour. Currently, Brant Street north and south of Victoria Avenue/Baldwin Street carries just under 500 vehicles during the morning peak hour. Once the anticipated development traffic is added to the traffic flow, staff anticipate in the order of

15 Page 15 of Report PB vehicles per hour which is within the carrying capacity of Brant Street. Victoria Avenue and Baldwin Street each carry less than 100 vehicles during the AM peak hour therefore the projected volume increase will also be well within the capacity of these streets. In conclusion, from a traffic generation standpoint, staff are of the opinion that the additional traffic that is anticipated to be generated by the proposed development will be accommodated satisfactorily by the surrounding road network. Road Safety A number of residents expressed the opinion that the intersection of Brant Street/Victoria Avenue/Baldwin Street is unsafe and that a number of collisions have occurred to emphasize this position. One of the greatest measures of road safety is the collision history of any intersection or road segment. Staff conducted a thorough review of the subject intersection and found that within the last 3 years, a total of 9 collisions have been reported, which, when compared to other intersections across the city represents a very good safety record and does not indicate the existence of any problems. Staff also carried out observations during the peak periods of the day and while the intersection is very busy with pedestrians of all ages and abilities, the crossing guards stationed ensure that motorists give due time to school aged children. Considering the safety record and staff observations, no measureable road safety issues were identified by staff. In summary, from a traffic and road safety standpoint, the traffic anticipated to be generated by the proposed Tim Horton s development can be accommodated by the adjacent road network and therefore is supported by Transportation Services staff. Planning staff supports the conclusions made by Transportation Services, however recommends that if approved, additional safety measures be explored for the Victoria Street access at the stage of site plan review, taking into account the feedback received on the subject application and with input from the School Crossing Guard Supervisor. Public Consultation & Comment This application was circulated for review on April 26, Multiple e- mails and letters were received from the public by the Planning and Building Department and are attached as Appendix E to this report.

16 Page 16 of Report PB The following is a summary of the comments received: Comment Would create a hangout for children, teenagers and Seniors and increased police presence and surveillance Could create youth employment opportunities, increased tourism and tourist draw Would cater to local residents and prevent them from leaving the downtown (keeps local business downtown), Walkable. Will contribute to the improvement of the Plaza. Would generate excessive noise at night, 24 hours of operation not desirable Staff Response Staff notes that the public found the hangout element to be both positive and negative and some felt that there would be increased police presences at the establishment due to the increased late night activity at the plaza. The types of users associated with any proposed use are outside of the scope of the land use planning review. Staff can only comment on the use, not the users. Staff cannot comment on the matters of youth employment and opportunity or tourism/ tourist recognition as they are outside of the scope of review of the planning and building department. However, staff notes that the Council adopted strategic plan, Burlington, Our Future, seeks to achieve prosperity for families and to create employment an lifestyle opportunities for people of all ages (Burlington, Our Future, Strategic Direction 2, The future we re striving for: (1)). As the property is located within the Downtown Urban Growth Centre, it is anticipated that a larger than average number of visits will be pedestrians. Staff notes that the site has been vacant since October 2011 when the previous tenant vacated the building. Through the subject application, a number of other maintenance and safety issues were brought to the attention of the owner. The proposed tenant has advised that while originally planning to open as a 24 hour location, they have reduced operating hours to satisfy residents concerns about serving the bar crowd. Staff also notes that the city

17 Page 17 of Report PB Safety of school children at intersection Drive Through Facility not desirable Would generate additional or excessive waste Would create traffic issues including congestion and speeding both within the plaza and on adjacent roads. has in place a noise By-law to assist in reducing noise concerns. Staff is aware that many concerns were raised with regards to school safety at the intersection, as well as at the Victoria Street access to the plaza. Staff notes that the intersection is a signalized intersection and that crossing guards are located at the intersection (2 in the morning and afternoon period and 1 at the lunch time period) to assist with safety at school-time crossings. Further, Brant Street has reduced speeds in the designated school zones. Through the review of any future site plan application, the access points to the plaza, specifically the Victoria Street access will be reviewed. Staff recommends that additional safety features be explored for the south side of Victoria Avenue at the plaza entrance at the site plan approval stage. Staff notes that no drive through facility is proposed in the application. Staff notes that drive through facilities are not permitted for any food establishment in the Downtown Core. A prohibition on drive through facilities has been included in the proposed Zoning By-law amendment. While not directly a land use planning issue, staff notes that the city currently has in place a By-law to prohibit littering ( ). Additionally, at the public meeting, the applicant has acknowledged the issue and noted that they have increased corporate standards for waste management on restaurant properties. A Traffic Impact Study was submitted and amended in support of the proposed fast food restaurant use. The Traffic Impact Study indicated that the intersection and adjacent streets could, at a satisfactory level of service, support the increased traffic generated by the site. Additionally, the Traffic Services Department conducted a

18 Page 18 of Report PB Traffic would lead to increased pollution Existing parking lot has issues with navigation, lack of parking, ingress and egress difficulties, pedestrian safety, business, delivery trucks Too many coffee shops in the downtown already which could lead to loss of business by other establishments Fast food use not desirable at this gateway location Concerns related to poor nutritional quality of food, especially review of traffic on adjacent streets including portions of Courtland Dr, Wellington Ave, Victoria Ave and Woodland Ave which concluded that road are not a concern from an existing volume or speeding perspective. Traffic and air pollution is outside of the scope of a land use planning review. Staff is aware of a number of existing concerns with operation of the plaza. While this is outside of the scope of review for the Traffic Impact Study (TIS), the TIS indicated that the peak hour for the proposed coffee shop would be between 8-9 am, which, in the opinion of staff, should help to reduce some of those concerns as many other businesses operating out of the plaza remain closed until later in the morning. Staff notes that there are dedicated access areas for delivery trucks at the rear of the building. It has also been brought to the attention of staff that the owner of the property has made some improvements to the site to improve pedestrian safety. At the site plan approval stage, staff will be reviewing the site to ensure that pedestrian can safely navigate the property. The number of coffee shops is out of the scope of review for this application. The Zoning By-law provides a wide-range of permitted uses in the DC zone but permits the market to determine which of those permitted uses are feasible and desirable. Consumer choice is also out of the scope of a land use planning review. Staff is aware of concerns given the prominent location of the building as the gateway to the downtown. Staff will be working to ensure high-quality exterior finishings for this location through the site plan review process. The nutritional content of the food served at the proposed fast food restaurant as well as student food choices is outside of the scope

19 Page 19 of Report PB given proximity to schools Would prefer a family restaurant Restrict late night Hours Restrict large signage keep to the main floor only Install evergreens along the rear yards of commercial properties along west side of Brant Street to minimize the impact of lighting. Noise level and parking studies should be completed of a land use planning review. The DC zone permits both standard and convenience restaurants as of right. A family or standard restaurant is already a permitted use for this site. Representatives from the proposed coffee shop have committed to a midnight closing time. Planning staff cannot recommend restrictions on hours of operation as it is outside of the scope of land use planning The city has in place a Sign By-law which all signs must conform to. The city is aware of the prominence of the intersection and the presence of the downtown Burlington feature sign. At the site plan approval stage, issues such as signage and building elevations will be reviewed in more detail to ensure respectful placement of signage. Through the subject application, the city is not able to impose conditions on other property owners to mitigate the impacts of the proposed development. A Traffic Impact Study was prepared and amended by the applicant on two occasions to better reflect the concerns of the public and staff. The Traffic Impact Study concludes that the intersection at Brant Street and Victoria Avenue can sustain the traffic proposed to be generated from this development. Public Notice Next Steps As this report is being prepared for the statutory public meeting, notice has been sent to all owners/tenants within 120m of the properties under application and all individuals that attended the neighbourhood meeting and/or requested to be added to the circulation list. Further technical details of this development proposal will be resolved during the Site Plan Approval stage. The applicant will also be required to amend the Section 41 Agreement with the City.

20 Page 20 of Report PB During the site plan approval stage, the following will be addressed: Detailed floor plans of all floors and elevations Confirmation of setbacks, landscape buffers Revisions to the Functional Servicing Design Brief as per Halton Region Comments dated June 20, 2012 Review of detailed servicing drawings Review of building materials and façade improvements Review of impact to the Downtown Burlington sign Collection of securities Review of pedestrian safety and connectivity Financial Matters Future Fees and Applications Environmental Matters Regional Requirements Conclusion The subject rezoning application was processed under the standard development application fees. As such, the applicant must pay the variable zoning fees prior to the passing of any By-law by Council. At the site plan approval stage, the city will require securities to ensure that the work associated with the proposed development has been, or if required, will be completed to the city s satisfaction. The applicant will also be required to pay any applicable development charges. The applicant has submitted an Environmental Site Screening Questionnaire (ESSQ) in accordance with the Region s Protocol for Reviewing Development Applications with Respect to Contaminated and Potentially contaminated sites (Section 147(17) of the Regional Official Plan). The application has been reviewed for conformity with provincial, regional and municipal planning policies. Staff is of the opinion that the subject application is in conformity with all applicable planning policies. Staff recommends approval of the proposed site specific re-zoning application. Staff notes that the proposed use will be subject to site plan approval. Respectfully submitted, Jenna Puletto Planner, Development , Ext 7824 Reviewed By: Rosalind Minaji, Coordinator of Development Planning ext Bianca M. V. Bielski, Manager of Development Services ext. 7638

21 Page 21 of Report PB Appendices: A: Zoning and Detail Sketches B: Proposed Floor Plans and Renderings C: Conditions and Next Steps (Site Plan Approval Stage) D: Downtown BIA Comments and Gateway Feature Photo E: Pubic Comments Notifications: (after Council decision) Name Mailing or Address Approvals: *required *Department Head City Treasurer General Manager City Manager Committee Disposition & Comments Council Disposition & Comments To be completed by the Clerks Department 01-Approved 02-Not Approved 03-Amended 04-Referred 06-Received & Filed 07-Withdrawn 01-Approved 02-Not Approved 03-Amended 04-Referred 06-Received & Filed 07-Withdrawn

22 Page 22 of Report PB Appendix A: Zoning and Detail Sketches:

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24 Page 24 of Report PB Appendix B: Proposed Floor Plan and Conceptual Renderings

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26 Page 26 of Report PB Appendix C: Conditions (Site Plan Approval Stage) The following conditions will be applied at the Site Plan approval stage: Pay all applicable development charges prior to the issuance of any building permits Revise the Functional Servicing Design Brief Report to include the following: o At the site plan application stage the owner will submit a Water Usage and Sanitary Discharge Report to the satisfaction of the Region s Development Project Manager. The report will provide details of the water consumption and sanitary discharge (measured in m3/day) for the existing building (historic consumption) and an estimate of the future requirement. The report will be produced and certified by a Professional Engineer o The Blockbuster building s wastewater service lateral is in close proximity to the neighbouring property line. The mall consists of three properties. They are known as PIN , owner Goudmot Limited (small amount of parking lot to the south of the Blockbuster where the Blockbuster wastewater service lateral comes in close proximity to) and PIN , owner 2018 Victoria Avenue Inc (the larger, multi-unit mall building services separately, and the majority of the mall parking lot. The Region s Development Project Manager has been forwarded a copy of the Articles of Amalgamation, dated April 4, They show the amalgamation of Brant-Victoria Properties Limited and Victoria-Brant Limited. While these are not land registry documents, the land registry documents (ie copies of the transfer documents and PIN register) will be forwarded to you at a later date. There will be clear indication at that time there is only one owner of the three mall properties (So that there is no more issue of servicing crossing lot lines) and that the other owner s names listed above are no longer valid if anything different from the above then we will also notify the Region. We have also requested, as a safety measure, that the City of Burlington insert into the zoning approval that all mall lots are to merge. Please note that other conditions may be applicable at the Site Plan approval stage.

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42 Page 42 of Report PB Re: Proposed Re-Zoning for 601 Brant St. File: /12 I am unable to attend the public meeting Sept. 10 th and therefore will submit written comments instead. I am opposed to the application for many reasons. First of all the zoning doesn t permit a fast food restaurant at this location. There are many good reasons why this is so. The parking lot is busy: there are not enough parking spots; the navigation in and out is very difficult and is very unsafe for pedestrians. I myself was hit and knocked down by a van that was at fault and not paying attention. Secondly, the proposed site is very close to 2 elementary schools and a high school. These students would be attracted to a fast food place. There are dangerous street crossings for these students. Overall the food served is not very nutritious for children. We have a serious issue of obesity in Canada amongst young people and for this reason it is not a good idea to have fast food restaurants close to schools. I also have concerns for traffic pollution near the schools. Thirdly, there are many homes and a residential area nearby. There are already noise problems from the bar crowd. Having a fast food restaurant nearby which is open late hours would only exacerbate this problem. I believe that most of the traffic to this store would be vehicular and this means more traffic cutting and speeding through our residential area. Fourthly, I don t see the need of another coffee shop downtown. The area is well served and this would only cause a loss of business at other establishments. There is also several Tim Horton s close by. I have used this plaza for 44 years mostly for banking, grocery shopping, the post office etc. and have noticed a marked increase in the congestion. Because of the proposed indoor seating and the outdoor patio at this site I believe the congestion would worsen. Also the other half of this site could become another fast food restaurant. There would also be many delivery trucks as most of the food would not be prepared at the location. I have noticed much zoning overturned over the years which did not improve the quality of life downtown. Some applications ended up at the OMB. There are many places for Burlingtonians to hang out downtown that are much more desirable than a Tim Horton s. I urge the Community Development Committee of City Council to recommend not granting the re-zoning.