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Home My WebLink AboutPD-40-96THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN; WIISONIA.GPA C REPORT Meeting: General Purpose and Administration Committee File #�''' Date: Monday, March 18, 1996 Res. # Report #: PD -40 -96 File #: DEV 95 -064 By -law #_ Subject: REZONING APPLICATION - WILLSONIA INDUSTRIES LIMITED PART LOTS 15 & 16, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON, :0 HIGHWAY #2 FILE: DEV • 0- Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -40 -96 be received; 2. THAT the attached zoning by -law amendment be passed; 3. THAT the Region of Durham be advised of Council's position and forwarded a copy of the report; and, 4. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. REPORT 1. In June 1995, Council approved a rezoning application to permit Willsonia Industries Ltd. to use part of their holdings on the north side of Highway 2 west of the Garnet B. Rickard Recreation Complex for a theatre. The applicant subsequently applied for an amendment to permit a video arcade within the theatre. This 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. ....2 517 REPORT NO. PD -40 -96 PAGE 2 2. On February 12, 1996, Council approved By -Law 96 -47 to permit development of the theatre. This action was taken to allow the applicant to proceed with construction prior to the execution of a site plan agreement. Council also authorized the issuance of a foundation permit for the theatre to assist the applicant in meeting construction schedules. This by -law became final and binding on March 7, 1996. 3. In addition, Council is aware of an earlier zoning application which Council approved for 40,000 sq. ft. of retail uses. The matter was part of the West Main Central Area hearing. The Ontario Municipal Board rendered its decision on December 23, 1994. The subsequent Board Order for Zoning By -Law 94 -16 for retail uses was issued on February 23, 1996 for the applicant's lands. It approved the zoning for 35,000 sq. ft. of retail floorspace on the west side of Clarington Boulevard and 5,000 sq. ft.of restaurant floorspace on the east side of Clarington Boulevard. 4. The attached by -law is intended, in part, to deal with some technical matters resulting from the approval of By -Law 96 -47 prior to the issuance of the Board Order. It amends By -Law 94 -16 approved by the Board Order on February 23, 1996 and repeals By -Law 96 -47 approved by Council on February 12, 1996. The by -law has several functions: • it transfers 5,000 sq. ft.of restaurant floorspace from the west side of Clarington Boulevard to the east side of Clarington Boulevard; • it consolidates the relevant zoning provisions for the theatre /video arcade as approved by By -Law 96 -47 and for one restaurant approved by the Board Order; • it establishes standards for a second restaurant on the property; and. • it amends the parking regulations for the C1 -15 zone on the west side of Clarington Boulevard. 518 ....3 REPORT NO. PD -40 -96 PAGE 3 Respectfully submitted, L) f- a- Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development RH *FW *cc Attachment #1 - Zoning By -Law March 11, 1996 Reviewed by, W. H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Martindale Planning Services 23 Elizabeth Street Ajax, Ontario L1 T 2X1 Attn: Mr. Robert Martindale Willsonia Industries Ltd. P.O. Box 488 Oshawa, Ontario Li H 71_8 Attn: Mr. Glen Willson 519 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 96 -_ being a By -Law to repeal By -Law 96 -47 and 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 two eating establishments totalling 929 m2 and a 3,085 m2 theatre containing a video arcade. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 16.5.15 "General Commercial Exception (C1 -15) Zone" is hereby amended as follows: i) The first sentence is amended by adding the section number "3.14" after the words "Notwithstanding Sections ". ii) Subsection 16.5.15 a) i) is amended by replacing the words "or a financial office" with the words ", a financial office or a place of entertainment" iii) A new subsection 16.5.15 a) x) is added as follows: "x) 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." iv) Subsection 16.5.15 c) is amended by changing the numeral 113,241" to 112,787". v) A new subsection 16.5.15 d) ix) is added as follows: "ix) parking space size - 5.2 metres in length by. 2.75 metres in width provided that such space is perpendicular to a landscaping strip." 2. Section 16.5.16 "Special Exceptions - General Commercial (C) Zone" is hereby amended by deleting the relevant provisions contained in By -Law 94 -16 and replacing them with the following provisions: 16.5.16 GENERAL COMMERCIAL EXCEPTION (C1 -16) ZONE: Notwithstanding Sections 13.11, 13.14, 16.1 and 16.3, 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 i) The applicable definitions of the C1 -15 Zone contained in Section 16.5.15 shall apply to the C1 -16 Zone. -20 -2- ii) Easterly streetline of proposed Clarington Boulevard Shall mean the line separating Part 11 from Part 8 on a plan surrey of record deposited in the Land Registry Office for the Land Titles Division of Durham (No. 40) as Reference Plan 4013- 16730. 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. A maximum of 929 square meters of leasable total floor area may be constructed or used for the purposes of two eating establishments. d) Regulations i) location of any building from northerly limit of Highway No. 2 - ii) location of the theatre 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 - a minimum of 3 metres a maximum of 2 metres a minimum of 8 metres a minimum of 18 percent of the lot area v) 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. vi) the westerly business establishment facade of one eating establishment within the C1 -16 Zone shall be constructed at a maximum of 4 meters easterly from the easterly streetline of proposed Clarington Boulevard. �� -3- vii) any business establishment adjacent to the easterly streetline of the proposed Clarington Boulevard shall construct a street - related entrance facing proposed Clarington Boulevard or a sight triangle at an intersecting street with proposed Clarington Boulevard. viii) a minimum of 10% of the business establishment facade for a theatre shall be constructed of transparent glass. ix) a minimum of 25% of the business establishment facade for an eating establishment shall be constructed of transparent glass. x) number of loading spaces required for a theatre - nil A) number of loading spaces required for an eating establishment - 1 xii) number of on -site parking spaces - 162" 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. By -Law 96 -47 is repealed. 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. rk, TIV ME CLERK 522 This is Schedule "A" to By —law 96— , passed this day of , 1996 A.D. LOT 16 j LOT 15 5.52 98.28 N72'42'00" E ---�{ 40R16730 PART 2 N2T42'00" E I Ip I I I J I I � � z 45.68 N72'42'W'E �_ O I Z O N M I F" O ih C14 V R Z I 06 I ao LO J ____ 21.51 26.5 56.53 N80'1 2'30 "W N7725'0CE N74'37'46E 111011*4r No. 2 ® ZONING CHANGE FROM "A" TO "C1 -16" ED ZONING TO REMAIN "C1 -16" 0 10 20m Mayor 10m Clerk LOT 16 LOT 15 N Z 0 '` O E z Li ry w U � J Z a 0 z 0 U Garnet 8. Rickard Recreation Complex /0 4 V / O HIGHWAy 2 Lv U Z 0 BOWMANVILLE U 523