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Home My WebLink AboutPD-60-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: CLARING.GPA REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee Date: Report #: Monday, May 5, 1997 PD -60 -97 File #: COPA 97 -003 & DEV 97 -018 File # Res. c.. By -law # Subject: REZONING CLARINGTON PLACE LIMITED AND 800769 ONTARIO CONCESSION 1, FORMER TOWNSHIP OF DARLINGTOK PART LOT •. 97-003 & DEV 97-018 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -60 -97 be received; 2. THAT the application to amend the Clarington Official Plan and former Town of Newcastle Comprehensive Zoning By -Law 84 -63 as submitted by Martindale Planning Services on behalf of Clarington Place Limited and 800769 Ontario Limited be referred back to Staff for further processing and preparation of a subsequent report pending receipt of all outstanding comments; and, 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. 1.1 1.2 1.3 APPLICATION DETAILS Applicant: Clarington Place Limited and 800769 Ontario Limited Agent: Martindale Planning Services Official Plan Amendment Application: From "Main Central Area - High Density Residential and Medium Density Residential" to an appropriate land use 6 09 REPORT NO. PD -60 -97 PAGE 2 designation permitting the development of 40,000 sq.ft. of recreational and entertainment commercial uses. 1.4 Rezoning Application: From "Agricultural (A) Zone" to an appropriate zone permitting the development of 40,000 sq.ft. of recreational and entertainment commercial uses for the Part 1 area. 1.5 Site Area: 4.2 hectares (10.26 acres) 2. LOCATION 2.1 The subject lands (See Attachment #1) are located on the northeast corner of Highway 2 and Green Road. The applicant's land holdings total 4.2 hectares (10.26 ac). The property in legal terms is described as Part Lot 16, Concession 1, in the former Township of Darlington. 3. BACKGROUND 3.1 On March 13, 1997, Martindale Planning Services filed an application on behalf of Clarington Place Limited and 800769 Ontario Limited with the Municipality of Clarington to amend the Clarington Official Plan and the former Town of Newcastle Comprehensive Zoning By -Law 84 -63. The main purpose of the official plan amendment application is to change the land use designation from "Main Central Area - High Density Residential and Medium Density Residential" to an appropriate land use designation permitting the development of 40,000 sq.ft. of recreational and entertainment commercial uses. The rezoning application would implement this proposed official plan amendment application. 4. EXISTING AND SURROUNDING USES 4.1 Existing Uses: Vacant lands 610 REPORT NO. PD -60 -97 PAGE 3 4.2 Surrounding Uses: East: Cineplex Odeon Theatre complex, fire station, and Garnet B. Rickard recreation complex North: Rural residential and vacant lands West: Agricultural lands South: Future shopping centre and rural residential 5. OFFICIAL PLAN POLICIES 5.1 Within the existing 1991 Durham Region Official Plan, the subject lands are designated "Main Central Area ". Main Central Areas include residential, commercial, recreational, and cultural uses. The application appears to conform with the policies. 5.2 The subject lands are designated "Main Central Area - High Density Residential and Medium Density Residential" in the Clarington Official Plan. As commercial uses are not permitted within a residential designation, this application has been submitted for consideration. 6. ZONING BY -LAW CONFORMITY 6.1 The subject lands are currently zoned "Agricultural (A) Zone" which only permits agricultural uses. As the proposed entertainment /recreation commercial uses do not comply with the zoning by -law, an application to rezone the property has been submitted. 7.1 Pursuant to requirements of the Planning Act, the appropriate signage acknowledging the application was erected on the subject lands. The required notice was mailed to each landowner within the prescribed distance. REPORT NO. PD -60 -97 PAGE 4 7.2 A number of general inquiries have been received on the application. One inquiry from adjacent residents identified the following issues: The proposed Street D passes through the house located on the property. The residents wanted to know whether this application would delete the proposed Street D or whether the developer would be required to construct this road. The residents have not submitted an official plan amendment application to consider a similar use on their property. They wanted clarification whether the municipality would consider their land as part of this application. The residents wanted to confirm whether retail commercial uses would be permitted on the subject lands in the future. These issues are discussed in the Section 9 of this report. 7.3 Markborough Properties Inc. have provided a written submission indicating that they are non - committal at this point in time. 8. AGENCY COMMENTS 8.1 The application was circulated to solicit comments from other relevant agencies. The Clarington Fire Department has no objections to the application. 8.2 The Northumberland /Clarington Public School Board has indicated concerns with the proposed official plan amendment application. They are concerned with the proximity of a games arcade adjacent to the proposed new secondary school site, and the possible negative impact on the school culture. 8.3 Comments still remain outstanding from the following agencies: Clarington Public Works - Engineering Division 612 REPORT NO. PD -60 -97 PAGE 5 Clarington Public Works - Parks Division Clarington Public Works - Building Division Durham Region Planning Department Durham Region Public Works Department Central Lake Ontario Conservation Authority Ontario Hydro 9. STAFF COMMENTS 9.1 The Ontario Municipal Board approved a total of 40,000 sq.ft. of retail commercial floorspace for the applicant's original holdings (See Attachment #2). The existing Burger King restaurant (3,560 sq.ft.) and the proposed East Side Mario's (5,300 sq.ft.) total 8,860 sq.ft. Therefore, the applicant still has 31,140 sq.ft. of available retail commercial floorspace for development purposes. 9.2 The site plan (See Attachment #2) shows that the remaining 31,140 sq.ft. of retail floorspace could be accommodated on the applicant's original lands on the west side of Clarington Boulevard. A 30,000 sq.ft. entertainment centre is also proposed on the original holdings at the southwest corner of Clarington Boulevard and Street H. A 40,000 sq.ft. recreational commercial building is proposed on the lands subject to this amendment application (See Attachment #2). Parking areas have been provided around the building as well as on the east side of Street D. 9.3 The lands fronting Highway 2 (See Attachment #2) are shown as a future development area. During preliminary meetings with the applicant, Staff indicated that retail commercial uses would not be permitted in this area unless justified through a retail market analysis. A separate official plan amendment application would be required to permit retail commercial uses. REPORT NO. PD -60 -97 PAGE 6 9.4 Staff will investigate the creation of a separate land use designation for recreational or entertainment commercial uses. As these uses do not require justification through a retail market analysis, there may be merit in providing a separate designation for recreation /entertainment uses. 9.5 A traffic study should be prepared to examine the impact that a change in land use would have on traffic levels in the area. The study would examine the adequacy of the proposed road network, the amount of traffic generated by the proposed uses, and provide recommendations on parking standards for the proposed uses. 9.6 The transportation network for the area shows a proposed Street D between Highway 2 and Street H. The location of Street D has now been established through the Markborough Properties site plan approval process to the south. This street would pass through a house located along the north side of Highway 2, adjacent to the subject lands. These residents have inquired whether the applicant intends to construct Street D or whether this street would be removed through this amendment process. Staff feel that this road would be required because of the linkage it provides with the commercial development to the south. The street should remain part of the approved road pattern. 9.7 The proposal shows a parkette along the north side of the two properties previously mentioned. It is not the Municipality's intention to accept parkland in this area. Should the application be approved, the developer would be required to provide a 2% cash -in -lieu of parkland dedication for commercial purposes. 9.8 An addendum report to the West Side Creek Master Drainage Plan is being prepared by the major development proponents which expands the area within the urban limits that are available for development. Once the Central Lake REPORT NO. PD -60 -97 PAGE 7 Ontario Conservation Authority has reviewed and approved this report, these lands will be subject to the requirements of the addendum report. 9.9 As the purpose of this report is to satisfy the requirements for the Public Meeting under the Planning Act, and considering the number of outstanding comments, it is respectfully requested that this report be referred back to Staff for further processing and the preparation of a subsequent report. Respectfully submitted, f Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development inalmu Attachment # 1 - Attachment # 2 - April 25, 1997 Key Map Proposed Site Plan Reviewed by, ��, 1 6- �t A W. H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Mr. Glenn Willson Clarington Place Limited 140 Bond Street P.O. Box 488 Oshawa, Ontario L1 H 71-8 Mr. Robert Martindale Martindale Planning Services 23 Elizabeth Street Ajax, Ontario L1 T 2X1 Helen and Colin Soutter 2374 Highway 2, R.R. #6 Bowmanville, Ontario L1 C 3K7 Mr. Scott MacDonald Morguard Investments Limited 1 University Avenue Suite 1500 Toronto, Ontario M5J 2V5 Mr. David Baffa Markborough Properties Limited 1 Dundas Street West Suite 2800 Toronto, Ontario M5G 2J2 615 ATTACHMENT #1 ATTACHMENT #2 p z 8 CL - ` w Lei gyg � O O�� z v pZ Z N J J w = J a W � s V� z' y 0 v 0 X p a f W U U Q W 'an-18 NOlONIV� 0 o � r Z i W j1 1 J J <t J Z Q ! 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