HomeMy WebLinkAboutPD-81-96THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: SCANGA.GPA
REPORT
PUBLIC MEETING
1 l 4
Meeting: General Purpose and Administration Committee File
Monday, June 3, 1996
Date: Res. # ,
Report #:
PD -81 -96 File #: DEV 96 -018
By -law #
Subject: REZONING APPLICATION
F. & A. SCANGA HOLDINGS LIMITED & FERNANDE JACOBELLI
PART LOT 35, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON
1420 HIGHWAY 2, COURTICE
FILE: DEV 96 -018
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD -81 -96 be received;
2. THAT the application to amend the former Town of Newcastle Comprehensive
Zoning By -Law 84 -63 submitted by Robert Martindale on behalf of F. & A. Scanga
Holdings Limited & Fernande Jacobelli be referred back to Staff for further
processing and preparation of a subsequent report subsequent 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. APPLICATION DETAILS
1.1 Applicant:
1.2 Agent:
1.3 Rezoning:
1.4 Site Area:
F. &A. Scanga Holdings Limited & Fernande Jacobelli
Robert Martindale
From "Special Purpose Commercial (C5) Zone" to an
appropriate zone permitting the development of a 565
m2 (6,075 sq. ft.) retail commercial plaza.
0.28 hectares (0.69 acres)
508
W
REPORT NO. PD-81-96 PAGE 2
2. LOCATION
2.1 The subject lands are located at 1420 Highway #2 in Courtice, across from the
Dinnerex plaza containing the Swiss Chalet and Harvey's restaurants. The
applicant's land holdings total 0.28 hectares (0.69 ac). The legal description of
the property is Part Lot 35, Concession 2 in the former Township of Darlington
(See Attachment #1).
3. BACKGROUND
3.1 On April 17, 1996, Robert Martindale filed an application on behalf of F. & A.
Scanga Holdings Limited & Fernande Jacobelli with the Municipality of Clarington
to amend the former Town of Newcastle Comprehensive Zoning By -Law 84 -63.
The purpose of the Zoning By -Law Amendment application is to change the
current zoning from "Special Purpose Commercial (C5) Zone" to an appropriate
zone permitting the development of an 565 m2 (6,075 sq. ft.) retail commercial
plaza. The applicant proposes one 236.4 m2 (2,545 sq. ft.) restaurant with a drive
through component and 328 m2 (3,530 sq. ft) of retail floorspace.
4. EXISTING AND SURROUNDING USES
4.1 Existing Uses: Single detached residential dwelling
4.2 Surrounding Uses: East: Vacant land
North: Residential development
West: Vacant land
South: Commercial and residential development
5. OFFICIAL PLAN POLICIES
5.1 Within the existing 1991 Durham Region Official Plan, the subject lands are
designated "Sub - Central Area ". These areas shall provide an integrated array of
....2
509
REPORT NO. PD -81 -96 PAGE 3
community, office, retail and personal service, recreational and residential uses.
A total of 28,000 m2 (301,000 sq. ft.) of retail commercial floorspace has been
designated for the Courtice portion of the Sub - Central Area. The application
appears to conform with the policies.
5.2 The subject lands are designated "Sub - Central Area: Primary Commercial Area"
within the Clarington Official Plan. Permitted uses within these areas include
retail, personal service and office uses, recreational and cultural uses including
places of entertainment but excluding video arcades, residential uses, and
community facilities. A total of 28,000 m2 (301,000 sq, ft.) of retail commercial
floorspace has been designated for the Courtice portion of the Sub - Central Area.
The application appears to conform to the Official Plan policies.
6. ZONING BY -LAW
6.1 The subject lands are currently zoned "Special Purpose Commercial (C5) Zone"
which permits the retail sales of furniture/ major appliance/ office furniture, motor
vehicle sales/ equipment/ accessories, building supply outlet, beer/ liquor/ wine
outlet, garden centres, fruit and vegetable outlet, eating establishments, taverns,
places of entertainment, hotels/ motels, and places of worship. As the proposed
use do not comply with the zoning by -law, an application to rezone the property
is warranted.
7. PUBLIC NOTICE AND SUBMISSION
7.1 In accordance with Municipal procedures and the requirements of the Planning
Act, R.S.O. 1990, the appropriate signage acknowledging the application was
erected on the subject lands. The required notice was mailed to each landowner
within the prescribed distance.
510
L
REPORT • 'D .6 PAGE 10
7.2 As of the writing of this report, only one general inquiry has been received from
an adjacent resident. A letter was received from an adjacent resident (See
Attachment #4) indicating that traffic lights should be installed at the Highway 2
and Varcoe Road /Darlington Boulevard intersection.
7.3 A letter was also received from this resident prior to the Public Meeting which was
held on May 6, 1996 for the Birchdale Investments application located adjacent
to the east of the subject lands. A number of issues were raised by other area
residents including traffic, light trespass, noise, and fencing. Although the
public's response to the Scanga/Jacobelli application has been limited by
comparison, the issues raised at the Public Meeting for the Birchdale Investments
property will also be addressed in this application.
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 Clarington Public Works Engineering Division has no objections to the
application provided that the following concerns are addressed:
• the applicant must provide a 6.0 metre wide rear laneway. This will ensure
access between all adjacent properties;
• the applicant's engineer must prepare a site grading and drainage plan
that details the configuration of the on -site storm sewer system (minor
system) and the conveyance of the overland flow (major system) from the
site. Any proposed storm sewer connection will be subject to the approval
of the Regional Municipality of Durham;
....5
511
REPORT NO. PD -81 -96 PAGE 5
the applicant must enter into a development agreement with the
Municipality; and,
any proposed entrances onto Highway 2 will be subject to the approval of
the Regional Municipality of Durham.
8.3 The Clarington Public Works Parks Division has no objections to the application
provided that the following conditions are satisfied:
• the 2% parkland dedication will be accepted as cash -in -lieu, with the funds
being credited to the Parkland Reserve Account; and,
• the applicant should submit a landscape plan for approval.
8.4 Comments still remain outstanding from the following agencies:
• Durham Regional Planning Department
• Durham Regional Public Works Department
• Central Lake Ontario Conservation Authority
• Ontario Hydro
9. STAFF COMMENTS
9.1 The Courtice Sub - Central Area Secondary Plan seeks to ensure that development
occur in a comprehensive manner. This is especially significant for smaller
parcels to avoid piecemeal commercial development. Staff have met with the
applicant as well as the adjacent landowners to the west to discuss this matter.
The site plan as submitted by the applicant does not indicate a comprehensive
development concept.
9.2 A number of policies in the Courtice Sub - Central Area Secondary Plan seek to
minimize the traffic problems of the area. They are as follows:
W
512
REPORT • 'D •. PAGE M
The Secondary Plan requires a consolidation of access points and
common internal traffic circulation. This is achieved through limiting
commercial entranceways to 80 metre intervals. Under this policy, lands
both to the east and west of the subject lands would receive an access
while the subject lands would not be granted an access. A joint
development concept with the lands to the west or the east would have to
proceed in order for the subject lands to obtain an access. The joint
access would be implemented by means of registered easements in favour
of the abutting property owners.
• An integrated system of private rear lanes is required to accommodate the
movement of traffic, especially commercial delivery vehicles, between
developments. Again, the system would be implemented by means of
registered easements in favour of the abutting property owners.
9.3 The applicant has submitted a concept plan for joint development of the subject
lands and the Birchdale Investment Limited lands (See Attachment #2). This plan
shows a larger building towards the rear of the properties with one freestanding
restaurant building towards the front of each property. The plan proposes 565 m2
(6,075 sq. ft.) for the applicants' lands and 652 m2 (7,017 sq. ft.) for the Birchdale
Investment Limited lands.
9.4 The site plan submitted by Randy Jeffrey on behalf of the Birchdale Investments
Limited application only contains a single 585 m2 (6,270 sq. ft.) building towards
the rear of the property (See Attachment #3). Mr. Jeffrey indicated his opposition
towards any freestanding restaurant towards the front of either property as he
wishes to minimize the commercial floorspace and maximize parking and site
visibility.
513
...7
REPORT NO. PD -81 -96 PAGE 7
9.5 There are a number of design concerns which need to be addressed in the review
of the site plan application, including the following:
• coordination of site development with adjacent commercial lands;
• internal traffic circulation;
• location of loading spaces;
• privacy fencing; and,
lighting impacts.
These matters will be subject to further discussions with the proponent and
adjacent landowners.
9.6 As the purpose of this report is to satisfy the requirements for the Public Meeting
under the Planning Act, R.S.O. 1990, 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,
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
RH *FW *cc
Reviewed by,
W. H. Stockwell
Chief Administrative
Officer
Attachment #1 - Key Map
Attachment #2 - Concept Plan as Proposed by F. & A. Scanga Holdings Limited &
Fernande Jacobelli
Attachment #3 - Concept Plan as Proposed by Birchdale Investments Limited
May 23, 1996
514
W-
REPORT • 'D •. PAGE W
Interested parties to be notified of Council and Committee's decision:
Mr. Robert Martindale
Martindale Planning Services
23 Elizabeth Street
Ajax, Ontario
UT 2X1
Mr. Randy Jeffrey
Birchdale Investments Limited
1050 Simcoe Street North
Oshawa, Ontario
L1 G 4W5
Mr. Nino Scanga
F. & A. Scanga Holdings Ltd.
16 Griffiths Drive
Ajax, Ontario
L1 T 3J4
Karen Howe
21 Bridal Court
Courtice, Ontario
L1 E 2131
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Municipality ofClarington
40 Temperance Street,
Bowmanville, Ontario
L1C 3A6
Attention: Clerk
Subject: Planning file DEV. 96 -018
ATTACHMENT #4
MAY 22 3 55 PH '96 14M 2 :ot
I�RIN�iaN
May 7, 1996
Clerk's file D 14.DEV.96 -018
I have attached a copy of my April 23rd, 1996 letter to Richard Holy regarding the
development of the adjacent parcel of land which was considered by the GP &A
Committee on May 6th.
Can you please forward these comments to the Committee for their consideration.
It won't be long before the entire block between Varcoe and Townline is
developed, and traffic levels in this area become much worse. I challenge the
committee members to stand at the intersection of Varcoe and Hwy 2 any day at
5pm, or especially on Saturday and Sunday afternoon, and see the situation for
themselves. North -south pedestrian traffic across Hwy 2 in this area has been
virtually eliminated. Traffic lights are sorely needed here, and should be installed
prior to the development of a critical collision experience.
Can you please also take into consideration my comments on the previous
application. -- -- ._.W. - - - -- - F
Yours truly,
Richard Olsen
f
12 Bridle Court
LIE 2B1
Mr. Richard Holy, Planner
Municipality of Clarington
40 Temperance Street
Bowmanville L 1 C 3A6
Subject: Planning File: DEV 96 -010
April 23, 1996
Clerk's File: D14.DEV.96 -010
Can you kindly table these comments with the GP &A committee for May 6, 1996.
I am in support of the application. I would ask, however, that the Committee
consider the following comments:
1> As this area of Courtice gets built up, traffic control will eventually be needed
at the intersection of Hwy 2 and Varcoe Rd. /Darlington Blvd. Traffic lights would
be logical. Would it not be better to install them in anticipation of need, rather than
waiting until the number of right -angle collisions warrants that corrective measures
betaken? (after all, this is a planning exercise) I understand the jurisdictional
problem. Is it possible for the Committee to communicate this to Regional Works?
2> A few of my neighbors on Bridle Court are concerned with lighting levels at
this proposed building and /or parking lot, and wish that any on -grade or above -
grade lighting in this development not be intrusive. Can this be reviewed.
3> In the event of an application for development to the immediate west of Bridle
Court, to the east of Townline, I would ask that a walkway from Bridle Court to
any development not be permitted, as many of us on the street do not want
excessive pedestrian traffic past our houses.
Can you please keep me informed of any developments in these areas.
Yours truly,
fA�,____ -
Richard Olsen
12 Bridle Court
L: E 2B 1
20
The Regional
Municipality
of Durham
Works
Department
Box 623
105 Consumers Dr.
Whitby, Ontario
.Canada t_1 N 6A3
(905) 668.7721
Fax: (905) 668 -2051
V.A. $ilgaillS, P.Enq.
Commissioner
of Works
IF
November 28, 1995
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
LIC 3A6
Attention:* Councillor Mary Novak
Dear Councillor Novak:
RE:- Regional Road Hwy. 2 (King Street) and Darlington/Varcoe Road
- .Traffic Control Signals
File No. TRA- RRHWY2 -SIG
Please quote our ref: On September 26, 1995, I wrote to you advising that the Works Department would
undertake a study of the traffic conditions at this intersection to determine the need for
traffic control signals.
Our review recorded all vehicular movements, pedestrian activity, collision experience and
operating speeds .on- King Street at the Darlington/Varcoe Road. intersection. The data
collected. was analysed in accordance with the guidelines established by the Ministry of
Transportation of Ontario for the installation of traffic control signals. The warrant criterion
is based on total vehicle volume entering the intersection, delay to-side street traffic, vehicles
and pedestrians crossing the major.street and the collision history over a three (3) year
period.
To. satisfy. the Provincial warrant, any one of the above criteria must be satisfied to the
extent of 100% or any two..(2) must be 80% satisfied. The current warrant values for this
intersection areas follows:
Vehicle Volume 63%
Delay to Side.Street Traffic 43%
Collision Experience .1
The colhsion'experience at this site is relatively light with only two (2) right angle collisions
being recorded in the last 36 months. Right angle collisions are considered to be the only
type which are susceptible to correction with the installation of traffic control signals. A
speed study recorded an operating speed of 70 kmh and a 20% compliance rate. The
posted speed limit west of Darlington Road is 60 kmh and 70 kmh to the east. The
compliance rate at the study site is typical for sections of roadways where- transitioning to
and from different speed zones occur.
..2
100% Post Consumer 5,21
11
-2-
Based on the results of our study,-we do not foresee the need for additional traffic control
at this time. We will however, continue to monitor this intersection in anticipation of
increasing traffic volumes and development of abutting.lands.
Yours truly
T. Prevedel, P.Eng.
Director of Transportation
%rs /ps
cc: S. Vokes, P.Eng., Director of Works, Clarington
R. Olsen, 12 Bridle Crt, Courtice, Ont., LIE 2B �.
A. Ruckstuhl, 22 Varcoe Rd., Courtice, Ont., LIE 2T7
522