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HomeMy WebLinkAboutPD-22-96REPORT #2 DN: WILSONAPA THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: Council File # 2Ia Date: Monday February 12, 1996 Report #: PD -22 -96 File #: Res. # By -law # Subject: OF • • WILLSONIA INDUSTRIES PART LOTS 15 & 16, CONCESSION 1, FORMER TWP. OF DARLINGTON 2380 WIGWWAY #2 Recommendations: It is respectfully recommended to Council the following: 1. THAT Report PD -22 -96 be received; 2. THAT the attached zoning by -law amendment be passed; 3. THAT staff be authorized to issue a foundation permit to Willsonia Industries Ltd. for the construction of a theatre subject to the owner providing a Letter of Undertaking to the Municipality as per the sample letter attached to this Report. 1. In June 1995, Council approved a rezoning application to permit Willsonia Industries Ltd. to use part of his 11 acre holdings on the north side of Highway No. 2, west of the Ken Hooper Memorial Fire Station for a theatre. Subsequently the applicant applied for zoning change to allow a video arcade within the theatre. Said application was approved by Council on January 15, 1996 subject to several conditions, one of which requires a site plan agreement to be executed prior to the passage of the zoning by -law amendment. 2. The applicant's consultants and staff have been meeting on a regular basis to work out all the details, finalizing all plans and drawings etc. leading towards the 2 REPORT .D PAGE 2 execution of the site plan agreement. With the co- operation of all those involved in the process, we expect the site plan agreement can be executed sometime between March 15 - 30, 1996, and that the zoning by -law will be passed and building permit can be issued after the expiry of the twenty -one (21) day appeal period of the zoning by -law. 3. At a meeting held on February 6, 1996, the applicant and his contractor informed us that they have a timing difficulty in that they must complete the theatre for December opening. In order to meet this tight time frame, they requested assistance from the Municipality to allow them to commence construction before March 1, 1996. 4. In order to assist the applicant, staff is recommending to Council the following: a) Pass the zoning by -law amendment immediately in the absence of a site plan agreement. As stated earlier, all parties are working diligently on finalizing the site plan approval and agreement. There is no known impediment leading to site plan approval. It's simply a matter of a few more weeks of work for the applicant to complete all the required plans and drawings and for staff to conduct our final review and to prepare the agreement. Hence, staff suggest the by -law be passed now so that the use of the land will be in conformity to the zoning by -law. b) Issue a Foundation Permit By authorizing the issuance of a Foundation Permit, the applicant can commence construction immediately. The foundation work will take about 4 to 6 weeks. During this time, we expect all the site plan details will be finalized and approved. By then, the appeal period of the zoning by -law will also expire to enable the issuance of a full building permit so that construction will continue without delay. ...3 REPORT PD-22-96 PAGE 3 As a standard requirement for the issuance of a Foundation Permit, the applicant is required to provide a Letter of Undertaking to the Municipality to agree to certain conditions. The sample letter is attached to this Report. Staff would recommend to Council that this requirement be maintained. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development FW *Jip Attach. February 7, 1996 i f s P W. H. Stockwell Chief Administrative Officer STANDARD LETTER OF UNDERTAKING FOR ISSUANCE OF FOUNDATION PERMIT Date: Mr. Franklin Wu, M.C.I.P. Director of Planning and Development Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1 C 3A6 Dear Mr. Wu: Re: REQUEST FOR FOUNDATION PERMIT The undersigned, being the registered owner of property located at; hereby request the Municipality to issue a Foundation Permit for the construction of; The writer expressly acknowledges that the Municipality is not under any obligation to issue a Foundation Permit and further understands that such permit will only be issued by the Municipality provided that all conditions and requirements as per Council's policies, as amended from time to time, are met. Further, I covenant and agree to the following: a) I hereby indemnify and save harmless the Municipality, its employees from any and all actions, causes of actions, claims, demands, losses or damages incurred or sustained by it or them arising or in any way resulting from the issuance of the said foundation permit; and b) I hereby undertake not to proceed beyond the underside of the first floor of the building prior to obtaining a full building permit; and -2- c) I hereby undertake to remove any foundation on the property, fill in the excavation and to restore the land to its original state within thirty (30) days of notification by the Municipality. Yours truly, DN: WILSONWOL2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 96- being a By -Law to amend By -Law 84 -63, the Comprehensive By -Law for the former Town of Newcastle. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By -Law 84 -63, as amended, of the Corporation of the former Town of Newcastle in accordance with application DEV 95 -064 to permit a 3,085 m2 theatre, with a video arcade. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: Section 16.5 "Special Exceptions - General Commercial (C) Zone" is hereby amended by adding thereto, the following new Special Exception 16.5.16 as follows: 16.5.16 GENERAL COMMERCIAL EXCEPTION (C1 -16) ZONE: Notwithstanding Sections 16.1 and16.3, those lands zoned (C1 -16) shown on the map contained in Schedule "A" to this By -Law shall only be used and any buildings or structures thereon shall only be constructed and used in accordance with the following zone definitions and regulations: a) Definitions Business establishment Shall mean a building which contains any one or more of a retail /commercial establishment, a department store, a general merchandise store, a retail warehouse, a personal service shop, a business, professional or administrative office, a financial office or a place of entertainment whether or not the building is part of a shopping centre. ii) Business establishment facade Shall mean the portion of the exterior wall located between finished grade and the level which is 3 metres above finished grade of a business establishment which wall faces either an existing street or a proposed street shown on the Plan contained in aforesaid Schedule "A ". iii) Street - related entrance Shall mean one of the principal entrances to each business establishment with a minimum height of 2.1 metres and a minimum width of 0.9 metres located in part in the business establishment facade which is at or within 0.2 metres above or below finished grade, which entrance shall be recessed from the business establishment facade a minimum of 1.0 metre. iv) Easterly streetline of proposed Clarington Boulevard Shall mean the line separating Part 11 from Part 8 on a plan survey of record deposited in the Land Registry Office for the Land Titles Division of Durham (No. 40) as Reference Plan 4013- 16730. -2- v) Landscaping Strip Shall mean an area of land used for any one or more of the planting of trees, shrubs, flowers, grass or other horticultural elements, such as decorative stonework, fencing or screening. b) Permitted Residential Uses No residential dwelling units are permitted to be constructed or used. c) Permitted Non - Residential Uses A maximum of 3,085 square metres. of leasable total floor area may be constructed or used for the purposes of a theatre and video arcade, provided that the video arcade does not exceed 55 square metres. d) Regulations i) location of any building from northerly limit of Highway No. 2 - ii) location of any building from northerly limit of the lands zoned C1 -16 as shown on the aforesaid Schedule "A" - iii) location of any building from easterly limit of the lands zoned C1 -16 as shown on the aforesaid Schedule "A" - iv) landscaped open space - V) height of buildings a minimum of 3 metres and a maximum of 11 metres a maximum of 2 metres a minimum of 8 metres a minimum of 18 percent of the lot area a maximum of 12 metres vl) the westerly business establishment facade of a theatre within the C1 -16 Zone shall be constructed at 2 metres from the easterly streetline of proposed Clarington Boulevard, provided that no more than 40% of the length of such facade may be constructed up to 6 metres easterly of the easterly streetline of proposed Clarington Boulevard, vii) street - related entrances to a business establishments constructed in the C1 -16 Zone shall be constructed at a location in the business establishment facade which faces the easterly streetline of proposed Clarington Boulevard. viii) a minimum of 10% of the business establishment facade for a theatre shall be constructed of transparent glass. -3- ix) number of loading spaces required for a theatre x) number of parking spaces xi) parking space size , 147 spaces 5.2 metres in length by 2.75 metres in width provided that such space is perpendicular to a landscaping strip." 3. Schedule "3" to By -Law 84 -63, as amended, is hereby further amended by changing the zone designation from: "Agricultural (A) Zone" to "General Commercial Exception (C1 -16) Zone" as shown on the attached Schedule "A" hereto. 4. Schedule "A" attached hereto shall form part of this By -Law 5. Nothing herein is intended to or shall be deemed to derogate from the provisions of By -law 94 -16, 6. This By -Law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act, R.S.O. 1990. By -Law read a first time this day of 1996 By -Law read a second time this day of 1996 By -Law read a third time and finally passed this day of 1996 MAYOR CLERK This is Schedule_ - A— -to By—luw 96® -- -- passed this day of 1996 A.D. LOT 16 j LOT 15 5.52 N27'42'00" E 98.28 N72'42'00 "E 40R16730 PART 2 I I Q I I J I I � � '0 3 0 00 S5 50 ' Z z O I Wo I OO I O I J 21.51 "W I 56.53 4'37'46 26.59 7 E N80'12'30 -1 N77'25'00 "E H1GH10MY No. 2 CHANGE FROM ®ZONING "A" TO "C1 -16" 0 10 20m tom Clerk lerk LOT 16 LOT 15 N �z 0 0 0 o W w U ,r ry 0 rz< Z 0 0 U Garnet B. Rickard Recreation Complex 7 L 4 U) O HIGHWAY 2 V) W U Z 0 BOWMANVILLE U'