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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 2 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. ...3 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 ...4 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. ...5 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. ..7 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, 1 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 SUBJECT SITE LOT 16 LOT. 1 N QP } ®r/ l� z r:)- \ V I Ljj W W W U V z O o U Garnet B. Rickard Recreation Complex O V) H/GHWAY 2 C) W U Z O U D KEY HAP DEV. 95-064 5 nQ R 8 R S a E ATTACHMENT #2 Y ° ?; ' (`'' (1•'f I�jtItf`' Vii' � � _ `. o ! Ji(� tl WK i O W Q O a N t e 7 1 S 1 g V Z 0 o r ' I� f m 3 i = N a = R 8 R S a E ATTACHMENT #2 Y ° ?; Z a W tl WK i O W Q O a N t e 7 1 S 1 g V Z 0 o I� f m 3 Q ( e - � dR 00 a I iV� �•i _ — — � c <- 1Y In I - tcl.1 r Fiz I i � . t Oi OBYAIUIo(I NOIONIUM n s• ^ _ � 1 Ile _]� �--- - - ---- 3f f I- FI-E E X1.1 I V �, »� ;_HEN {I IEIIfH��IIIIfHIIII b -It � Us IIH��IHIIIII�IIIIIIIII' , 8/= I I / -- ��rfnl� = —mrr – o { of '550 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 74 ---7 {� Ai.iiY WW 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. 51