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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 515 ATTACHMENT #1 516 E i r� �e a� ATTACHMENT #2 'F RE O z I � r' z Y W ti W G J F- Z W 2 F— V) w _Z W Z J as U_ 0 J = a U CL a m >- >- m m 00 W W Z Z 00 cf) cf) 0 0 Z Z as J� I1 s£ �} �• E v � =�'O W rJ �O�pF NOV U' 'F RE O z I � r' z Y W ti W G J F- Z W 2 F— V) w _Z W Z J as U_ 0 J = a U CL a m >- >- m m 00 W W Z Z 00 cf) cf) 0 0 Z Z as J� I1 9 9 F •0 N 0 W <� 9 �S 2 0 8� d� sw 6 0 F h x� W cO CI Z a 0 .9 M N N $ n c F I F F N W c7 7 W �Y � Y n 2 � o Fo a WF aJ� Q Iocl SL's I S1'L Io'EI �•sl lm o•SL we'zs g n� o0 081 N a 2 W W Q QP 9 aYa F7 n 9 9 F •0 N 0 W <� 9 �S 2 0 8� d� sw 6 0 F h x� W cO CI Z a 0 .9 M C 0 � 0 0 N J � � J S < Y 4 m 2 1 ? 2 QUo,a a J 0 FF 3 T J Y Q — T 2 o y �• a s ; N b y g ua a lcss i I°azlsel � 1 Z o.i'Ell H I'S °J x °£ 195 aLl N 1 LJ3i LB-6+Z w 111lb N 1, F 169 ,bi N — {�- -N°11M OoaM £6 � B6j '091 o9l SLS SL'S C W T 7Z 60 Oa r< < �pF W 3 i 7 I �o qq to 83° po F �?QQ a�aZ �J9 ,a1 J a CEO F 9S0Q d of kL a J000 WJ }} J U1pj P' w -SaQN t o OJ< a66cc o ATTACHMENT #3 I N N 7 � c I I �- r � Q a r N z W N s c m } d � 2 Z I z JT t No° J nnn ° Z mu�¢ 0 U 5 a u � w C '+ 518 N N $ n c F I F F N W c7 s N W �Y � n e o Q a 2 W W Q a QP aYa A j A� C 0 � 0 0 N J � � J S < Y 4 m 2 1 ? 2 QUo,a a J 0 FF 3 T J Y Q — T 2 o y �• a s ; N b y g ua a lcss i I°azlsel � 1 Z o.i'Ell H I'S °J x °£ 195 aLl N 1 LJ3i LB-6+Z w 111lb N 1, F 169 ,bi N — {�- -N°11M OoaM £6 � B6j '091 o9l SLS SL'S C W T 7Z 60 Oa r< < �pF W 3 i 7 I �o qq to 83° po F �?QQ a�aZ �J9 ,a1 J a CEO F 9S0Q d of kL a J000 WJ }} J U1pj P' w -SaQN t o OJ< a66cc o ATTACHMENT #3 I N N 7 � c I I �- r � Q a r N z W N s c m } d � 2 Z I z JT t No° J nnn ° Z mu�¢ 0 U 5 a u � w C '+ 518 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