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Home My WebLink AboutPD-10-95REPORT P U B L I C M E E T I N G Meeting: General Purpose and Administration Committee Date: Monday, February 6, 1995 PD -10 -95 DEV 94 -062 Report #: _ File #: File # Pies. # Sy -Law # Subject: REZONING APPLICATION - WILLSONIA INDUSTRIES LIMITED PART LOT 15 & 16, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 94 -062 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -10 -95 be received; 2. THAT the application to amend Comprehensive Zoning By -Law 84 -63 of the former Town of Newcastle submitted by Martindale Planning Services on behalf of Willsonia Industries Limited be referred back to Staff for further processing and preparation of a report subsequent pending receipt of all outstanding comments; and, 3. 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 1.2 Agent: Martindale Planning Services 1.3 Rezoning: From "Agricultural (A)" to an appropriate zone to permit a parking area and 2,973 m2 (32,000 sq. ft.) theatre 1.4 Site Area 0.918 hectares (2.27 acres) 2. LOCATION 2.1 The application consists of property owned by Willsonia Industries Limited and the Municipality of Clarington. The Willsonia Industries Limited property consists of (0.275 hectares) at 2380 Highway #2 and the Municipality's property consists of 0.643 hectares west of the Ken Hooper Memorial Fire Station at 2440 Highway #2. The lands in legal terms are known as Part Lots 15 and 16, Concession 1, Former Township of Darlington. ....2 514 PAPER ECY�« THIS IS PRI-D W RECY-13 PAPER REPORT NO. PD -10 -95 PAGE 2 3. BACKGROUND 3.1 On November 30, 1994, Robert Martindale filed an application on behalf of Willsonia Industries Limited with the Municipality of Clarington to amend Comprehensive Zoning By -Law 84 -63 of the former Town of Newcastle. The purpose of the application is to change the current zoning from "Agricultural (A) Zone" to an appropriate zone permitting the development of a parking area and a 2,973 m2 (32,000 sq. ft.) theatre. A detailed site plan has not been submitted with the application. 3.2 The applicant currently has an additional site plan file (DEV 94- 005) active with the Municipality seeking approval for a 3,703 m2 (40,000 sq. ft.) retail development. The proposed parking area and theatre could be developed in conjunction with this retail development. 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 West: Residential and vacant land South: Canadian Tire and Proposed Markborough Shopping Centre S. OFFICIAL PLAN POLICIES 5.1 The subject lands are within a Main Central Area as approved by the Ontario Municipal Board. This Board hearing was summarized by Planning Report PD -7 -95 in the January 23, 1995 General Purpose and Administration agenda. The Board approved the Durham Region Official Plan policies regarding Main Central Areas. In finding that the West Main Central Area was distinct and separate from the existing Main Central Area, modifications are required to show two ....3 REPORT NO. PD -10 -95 PAGE 3 separate Main Central Area designations on the Durham Region Official Plan Land Use Map A5. As a result, the subject lands will be designated "West Main Central Area ". The proposed uses appear to conform with the relevant policies. 5.2 The Ontario Municipal Board also approved an amended version 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 ". It is noted that the movie theatre and other places of entertainment are excluded from the definition of "retail and personal service floor space" and, accordingly, not subject to the retail threshold policies of the Secondary plan. The proposed uses conforms with the relevant designation and policies. 6. ZONING BY -LAW CONFORMITY 6.1 The subject lands are currently zoned "Agricultural (A) Zone" within the former Town of Newcastle Comprehensive Zoning By -Law 84- 63. As the proposed uses are not permitted within this zone, the applicant has submitted this application to amend the zoning by- law. 7. PUBLIC NOTICE AND SUBMISSION 7.1 Pursuant to Council's resolution of July 26, 1982 and 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. 7.2 As of the writing of this report, no written submissions have been received. Four general telephone inquiries relating to the proposed development has been received. ....4 516 REPORT NO. PD -10 -95 PAGE 4 8. AGENCY COMMENTS 8.1 The application was circulated to solicit comments from other relevant agencies. 8.2 Comments indicating no objections have been received from the following agencies: Ministry of Transportation 8.3 The Municipality of Clarington Community Services Department has no objections to the proposal provided that: • the 2% parkland dedication is provided as cash -in -lieu; and, • a six foot high chain link fence be erected along the common boundary with the parkland. 8.4 The Municipality of Clarington Fire Department has no objections to the proposal provided that: • public access to the development across the Fire Department property is prohibited through the installation of proper fencing; and, • the Fire Department lands are not adversely impacted by run- off from the adjacent site. 8.5 Comments still remain outstanding from the following agencies: • Municipality of Clarington Public Works Department • Central Lake Ontario Conservation Authority • Durham Region Planning Department • Durham Region Public Works Department • Ministry of Environment and Energy 9. STAFF COMMENTS 9.1 The Ontario Municipal Board has approved 3,716 m2 (40,000 sq. ft.) of retail and personal service floorspace for the Willsonia lands. Zoning By -law 94 -16, which received first and second reading only, will rezone the first block of the Willsonia lands west of Street ....5 51 REPORT NO. PD -10 -95 PAGE 5 B and approximately one half of the first block on the east side of Street B for commercial uses. The Board Order will approve this by -law with modifications to exclude general merchandise stores and retail warehouse stores for clothing, drugs and food. This application would increase the applicant's total floor space to 6689 m2 (72,000 sq. ft.). However, the policies in Official Plan Amendment #56 state that retail and personal service floorspace excludes a theatre or place of entertainment from the floorspace calculations. On this basis, the applicant is seeking approval for the 2973 m2 (32,000 s.f.) theatre. 9.2 The applicant and the Municipality of Clarington are currently discussing the possibility of a land exchange or land sale which would enable Willsonia Industries Ltd. to provide parking spaces for the theatre proposal as well as for the commercial development. This matter will be addressed through the Chief Administrative Officer prior to the dispensation.of the zoning matter. 9.3 The applicant will be amending the original site plan application to incorporate the additional lands proposed with this rezoning application. 9.4 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. J� REPORT NO. PD-10-95 PAGE M Respectfully submitted, f 1 Franklin Wu, M.C.I.P. Director of Planning and Development RH *FW *cc Attachment #1 - Key Map Attachment #2 - Site Plan January 30, 1995 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 L1T 2X1 Attn: Mr. Robert Martindale Willsonia Industries Ltd. P.O. Box 488 Oshawa, Ontario UH 7L8 Attn: Mr. Glen Willson ATTACHMENT #1 DEV. 94�062- • 0TMAI I Lo P