HomeMy WebLinkAboutPD-6-96DN: WILSONiA.GPTHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File # gu'
Date: Monday, January 8, 1996
Res. # C_1-
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD -6 -96 be received;
2. THAT the application to amend the former Town of Newcastle Comprehensive
Zoning By -Law 84 -63 submitted by Martindale Planning Services on behalf of
Willsonia Industries Limited be APPROVED subject to:
a) the applicant entering into a site plan agreement with the Municipality;
and,
b) the applicant providing a Letter of Credit securing his contribution towards
the urbanization of Highway 2 within the West Main Central Area;
3. THAT a by -law be forwarded to Council once the site plan agreement has been
finalized to the satisfaction of the Municipality;
4. THAT the Region of Durham be advised of Council's position and forwarded a
copy of the report; and,
5. THAT the interested parties listed in this report and any delegation be advised of
Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: Willsonia Industries Limited
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REPORT NO. PD -6 -96 PAGE 2
i
1.3
Agent:
Rezoning:
1.4 Site Area
2. LOCATION
2.1
3.
3.1
Martindale Planning Services
To appropriately zone lands from "General
Commercial Exception (C1 -15) Zone" and
"General Commercial Exception (C1 -16) Zone"
to increase the theatre size to 3,085 m2 (33,200
ft2), to permit a video arcade, and to increase
the amount of restaurant floorspace from 465
m2 (5,000 ft2) to 929 m2 (10,000 ft2)
2.76 hectares (6.82 acres)
The subject property consists of the southern 2.76 ha (6.82 ac) land area at 2380
Highway 2 west of the Ken Hooper Memorial Fire Station and the Garnet B.
Rickard Recreation Complex. The lands in legal terms are known as Part Lots 15
and 16, Concession 1, Former Township of Darlington.
0 Z!
On September 1, 1995, Robert Martindale filed an application on behalf of
Willsonia Industries Limited with the Municipality of Clarington to amend the
former Town of Newcastle Comprehensive Zoning By -Law 84 -63. The purpose
of the application is to change the current zoning from "General Commercial
Exception (C1 -15) Zone" and "General Commercial Exception (C1 -16) Zone" to an
appropriate zone to permit the following changes:
• increase the theatre from 2,973 m2 (32,000 ft2) to 3,085 m2 (33,200 ft2);
• permit a 53 m2 (570 ft2) video arcade within the theatre building;
• increase the amount of restaurant floorspace from 465 m2 (5,000 ft2) to 929
m2 (10,000 ft2) on the east side of Clarington Boulevard; and,
• decrease the amount of retail commercial floorspace from 3,255 m2 (35,000
ft2) to 2,787 m2 (30,000 ft2) on the west side of Clarington Boulevard.
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REPORT NO. PD -6 -96 PAGE 3
3.2 The proponent's initial Phase 1 site plan application (DEV 94 -005) sought
approval for a 3,255 m2 (35,000 ft2) retail and a 465 m2 (5,000 ft2) restaurant
development as approved by the Ontario Municipal Board hearing. Subsequently,
Council approved a 2,973 m2 (32,000 ft2) theatre on June 26, 1995 subject to a
site plan agreement being finalized. Due to various considerations, the applicant
has changed the proposal and will proceed with a 3,085 m2 (33,200 ft2) theatre
and two restaurants totalling 929 m2 (10,000 ft2) on the east side of Clarington
Boulevard as Phase 1. The 2,787 m2 (30,000 ft2) retail block represents Phase
2 of the development.
3.3 A statutory Public Meeting was held October 23, 1995 at which time, the property
owners to the west of the subject lands had the following concerns:
• that adequate levels of security lighting be provided in the parking area;
• that a 1.8 m chainlink fence be installed along the western perimeter of the
subject lands to discourage trespassing onto private property;
• that late night operations of the video arcade could generate late night
traffic and noise; and,
• to ensure that the enjoyment of their property is not compromised through
this development.
These issues were documented in a written submission to Council (Attachment
#3) and will be addressed in the staff comments section of the report.
4. EXISTING AND SURROUNDING USES
4.1 Existing Uses: Vacant land
4.2 Surrounding Uses:
East: Ken Hooper Memorial Fire Station and Garnet B.
Rickard Recreation Complex
North: Vacant land
ME
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REPORT NO. PD-6-96 PAGE 4
West: Residential dwelling and vacant land
South: Canadian Tire and proposed Markborough Shopping
Centre
5.1 The subject lands are within the West Main Central Area as approved by the
Ontario Municipal Board. Permitted uses within a Main Central Area designation
include community, office, service and shopping, recreational and residential
uses. The proposed use would conform with the Regional Plan.
5.2 The Ontario Municipal Board also approved an amended version of Official Plan
Amendment #56 to the Official Plan of the former Town of Newcastle which
provides detailed land use policies for the West Main Central Area. The subject
lands are located within the West Main Central Area and designated "Retail
Commercial ". The policies would permit places of entertainment which may
include video arcades.
5.3 The Ontario Municipal Board approved a retail floorspace allocation of 3,720 m2
(40,000 ft2) on the subject lands under the retail threshold policies, as also
previously approved by Council. The applicant now proposes an additional 3,085
m2 (33,200 s.f.) of commercial floorspace. As the policies exempt places of
entertainment including movie theatres and video arcades from the retail
floorspace allocation, a retail analysis is not required to justify the proposed use.
6.1 The subject lands are currently approved to be zoned "General Commercial
Exception (C1 -15) Zone" and "General Commercial Exception (C1 -16) Zone" by
the Ontario Municipal Board. As the video arcade and additional restaurant
floorspace are not permitted within the "General Commercial Exception (C1 -16)
Zone ", the applicant has submitted this application to amend the zoning by -law.
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REPORT NO. PD -6 -96 PAGE 5
A transfer of restaurant floorspace to the east side of Clarington Boulevard would
also necessitate an amendment to the "General Commercial Exception (C1 -15)
Zone" provisions.
7.1 The application was circulated to solicit comments from relevant agencies. Bell
Canada and Ontario Hydro have no objections to the proposal.
7.2 The Fire Department has no objections to the proposal provided that:
• all on -site buildings must be accessible through proper fire routes; and,
• adequate fire hydrants must be installed for firefighting purposes.
7.3 The Community Services Department has no objections to the proposal provided
that the following conditions are fulfilled:
• the 2% parkland dedication be accepted as cash -in -lieu;
• a 1.2 m chainlink fence be installed along the property line abutting with
municipal lands; and,
• that a landscape plan be submitted for approval.
7.4 The Public Works Department has no objections to the proposal. A review of the
proposal provides the following comments:
• a lighting layout should be provided for review;
• a landscape plan is required for review;
• all stormwater servicing should include the proposed buildings on the west
side of Clarington Boulevard; and,
• all drawings should conform to the Municipality's engineering design
guidelines.
In order to address these concerns, the applicant has provided the required plans
for review. These are being reviewed as part of the site plan application.
REPORT NO. PD -6 -96 PAGE 6
7.5 Initially, the Durham Region Planning Department reserved comment on the
matter of conformity with the Official Plan until the Ontario Municipal Board Order
had been issued. As the Board Order has now been issued, the Region has
verbally indicated that the proposal would conform with the policies.
7.6 The Durham Region Public Works Department does not object to the proposal
subject to the following:
municipal servicing for the site will involve the extension of the existing 600
mm sanitary sewer and the 400 mm watermain;
Highway 2 must be reconstructed to urban standards in accordance with
designs prepared by Totten Sims Hubicki Limited;
detailed engineering drawings for proposed external works will be required
for Regional approval prior to municipal site plan approval;
• sight triangles of 20.0 m x 8.0 m will be required at the intersection of
Clarington Boulevard and Highway 2; and,
temporary access to the site during the construction of Clarington
Boulevard will be permitted at the midpoint of the proposed east parking
lot.
7.7 The Central Lake Ontario Conservation Authority has no objections and will permit
the development to proceed on an interim basis. This will permit the conveyance
of stormwater downstream to the Baseline Road stormwater quality pond. Water
quality manholes will provide additional treatment for paved surfaces. However,
the Authority will require that the applicant prepare an addendum to the Westside
Creek Master Drainage Plan addressing how stormwater from the area north of
Highway 2 under a full development scenario, which includes the subject lands,
will be accommodated. These recommendations must be incorporated into the
site plan agreement.
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REPORT NO. PD -6 -96 PAGE 7
7.8 The Ministry of Natural Resources does not object to the interim solution as
described in the preceding paragraph. However, an amendment to the Westside
Creek Master Drainage Plan as requested by the Central Lake Ontario
Conservation Authority is required.
8.1 The Ontario Municipal Board has approved 3,716 m2 (40,000 ft2) of retail
commercial floorspace for the property. Policies in Official Plan Amendment #56
indicate that retail and personal service floorspace excludes a theatre or places
of entertainment from the retail floorspace allocations. This policy enabled
Council to approve the theatre complex previously. Increasing the theatre
floorspace to 3,085 m2 (33,200 ft2) as proposed by the applicant would not offend
the commercial policies of the Secondary Plan for the Bowmanville West Main
Central Area.
8.2 The applicant is proposing a 53 m2 (570 ft2) video arcade as part of the Cineplex
development. The applicant estimates that the arcade could accommodate
approximately 24 pinball and /or video machines. The following issues must be
considered in this matter:
• In 1990, Council amended the to permit a maximum of three coin operated
pinball or video machines as an accessory use per establishment within a
commercial zone. This amendment effectively prohibits video arcades. As
a result, the applicant wishes to amend the zoning by -law to permit this
video arcade;
• Adjacent landowners to west had raised concerns at the Public Meeting
that late night operations of the video arcade could generate late night
traffic and noise; and,
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REPORT NO. 'D •. PAGE 8
In consideration of the application for a video arcade, it is noted that a
future secondary school and public school are proposed immediately north
of the Main Central Area in the Draft Official Plan.
The principle issue with respect to the video arcade is compatibility with
surrounding land uses:
The arcade represents a commercial component of the theatre complex
which will be accommodated within the building. With approximately 24
machines, the arcade would only accommodate a fraction of the people in
comparison to the numbers which could be accommodated within the
2,097 seat theatre. As such, the arcade represents a minor accessory use
that is compatible with the theatre.
At the Public Meeting, the applicant indicated that the video arcade would
only be open during theatre operating hours. Although the video arcade
may contribute some minor additional traffic levels, operating hours will not
permit the arcade to generate late night traffic and noise levels in addition
to those associated with regular theatre usage.
• As the theatre will generally not operate during time periods when students
are attending school, the opportunity for students to attend the arcade
during school hours is not possible. The potential of students skipping
school to attend the arcade is unlikely.
The video arcade is not anticipated to cause any land use or social conflict.
Therefore, it is Staff's opinion that the proposed video arcade is a compatible land
use.
s
REPORT NO. PD -6 -96 PAGE 9
8.3 The applicant wishes to shift all of the restaurant floorspace to the east side of
Clarington Boulevard. As previously mentioned, the Ontario Municipal Board has
approved 3,716 m2 (40,000 ft2) of retail commercial floorspace for the property,
929 m2 (10,000 ft2) of which may be used for restaurant purposes. Provided the
applicant can address the site plan approval issues in this matter, the Planning
Department has no objections to this request.
8.4 The applicant has met with the landowners adjacent to western boundary of the
subject property to discuss their concerns. To alleviate the neighbours' safety
concerns, the applicant has agreed to provide a 1.8 m chainlink fence along the
western property boundary. This will ensure that patrons do not trespass onto the
neighbours' property. Parking lot lighting will be provided as an additional safety
mechanism. The lighting will be directed into the parking area and not towards
the neighbours' home. Finally, landscaping in the form of trees will aid in
buffering against noise generated from the parking lot. These measures will
ensure that the neighbours will continue to enjoy their property.
8.5 The applicant has agreed to make a contribution towards the reconstruction and
urbanization of Highway 2. The reconstruction of Highway 2 is planned for 1996
during the construction period of both the Willsonia and Markborough projects.
This should ensure that the urbanized section of road will be completed in time
for the opening of both developments.
9.1 The applicant has attempted to satisfy as many of the agencies' concerns as
possible to date. Various issues relating to the issuance of the Ontario Municipal
Board Order, municipal servicing, and the Highway 2 urbanization must still be
resolved before this proposal can proceed. However, based on the above
comments, it is recommended that this rezoning application to permit the
development of a 3,085 m2 (33,200 ft2) theatre, a video arcade, and 929 m2
IE
REPORT NO. PD -6 -96 PAGE 10
(10,000 ft2) of restaurant floorspace on the east side of Clarington Boulevard be
APPROVED. A By -Law will be forwarded to Council once the Board Order has
been issued, all of the outstanding issues have been resolved, and the applicant
has entered into a site plan agreement.
9.2 It should be noted that the By -Law will cover all of the applicant's lands east of
Clarington Boulevard between Highway 2 and Uptown Avenue. The "General
Commercial Exception (C1 -16) Zone ", which currently contains one restaurant, will
be amended to include the theatre, video arcade, and the additional restaurant
floorspace.
Respectfully submitted,
Franklin Wu, M.C.I.P.
Director of Planning
and Development
RH *FW *jip
Attachment #1 - Key Map
Attachment #2 - Site Plan
Attachment #3 - Public Submission
Recommended for presentation
to the Committee
W. H. Stockwell
Chief Administrative
Officer
Interested parties to be notified of Council and Committee's decision:
Mr. Robert Martindale
Martindale Planning Services
23 Elizabeth Street
Ajax, Ontario
L1 T 2X1
Colin and Helen Soutter
2374 Highway #2
R.R. #6
Bowmanville, Ontario
L1 C 3K7
Mr. Glen Willson
Willsonia Industries Ltd.
P.O. Box 488
Oshawa, Ontario
L1 H 71_8
ATTACHMENT #1
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Re: Report PD- 110 -95�' ,�x1
File# DEV 95 -064
Submission by Colin & Helen Soutter
2374 Highway #2
RR# 6
Bowmanville, Ontario
LIC 3K7
ATTACHMENT #3
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We have been owners of our property, part of Lot 16 Concession #1
former township of Darlington since November of 1968. Our home is situated to
the west of the subject development with one residential property separating us
from the west perimeter of the development area.
We were originally attracted to the area by the semi rural environment.
The heavily treed lot, open fields & orchards and the farming community that
existed adjacent to the property were factors that weighed heavily in our
decision to purchase.
The home's proximity to Bowmanville coupled with the natural
environment constituted in our eyes a very desirable situation, reflecting the
qy '.ity Of life we were seeking.
During the 70's and the 80's we experienced a steady erosion of the
environment that we found so attractive. Roads were widened, orchards & farms
disappeared. We lost some of our trees to the Dept. of highways and traffic
density increased.
Recognizing the inevitability of change we embarked on a conscious plan
to protect our privacy and lifestyle against the expected future developments.
A considerable portion of our income was expended to provide privacy screens,
plantings, insulation and constructions to retain as much of our chosen
lifestyle as possible.
We observed with interest the various stages of the local development
processes. When Mr. Wilson's first proposals were publicly reviewed there was
reference to retail development contiguous with the recreation centre's primary
purpose, and suggestions made that perhaps a national sporting franchise could
be a part of the development. Our expectations were therefore attuned to seeing
tj development of retail shopping facilities in the initial phases of his
development.We realize this may still be in the overall plan but must
co being caught off guard by the most recent planning revelations, confess
including
"he Theatre Complex.
After some reflection we concluded we could live with the Cineplex
concept and still protect the ambiance we enjoy presently. Our current plans
foresee more expenditures to provide privacy landscaping along the eastern
perimeter of our property.
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