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HomeMy WebLinkAboutPD-65-95DN: WILLSONIA.JWE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File #21 f I _P111, V Date: Monday, June 19, 1995 Report #: PD-65-95 File #: DEV 94 -062 Res. # L_ L. L9 6 c -I e 7 By -law #. Subject: REZONING APPLICATION WILLSONIA INDUSTRIES LIMITED PART LOTS 15 AND 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 -65 -95 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 to permit a 2,973 m2 (32,000 ft.2) theatre be APPROVED, and that the by -law be forwarded to Council subsequent to the issuance of the Ontario Municipal Board Order on Official Plan Amendment #56 and once the site plan details and agreement have been finalized to the satisfaction of the Municipality; 3. THAT the street names shown on Attachment #3 be APPROVED; 4. THAT GO Transit be requested to locate a transit stop near the intersection of Highway No.2 and the future Street "B" (Clarington Boulevard) upon completion of the Willsonia Industries and /or Markborough Properties projects; 5. THAT the Region of Durham be advised of Council's decision and forwarded a copy of the report; and 6. 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)" and "General Commercial Exception (C1 -16)" to an appropriate zone to permit a 2,973 m2 (32,000 ft.2) theatre containing 2,210 seats subject to an Ontario Municipal Board Order. 558 REPORT NO.: PD -65 -95 PAGE 2 1.4 Site Area 0.96 hectares (2.36 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 0.28 ha (0.69 ac) at 2380 Highway #2 and the Municipality's property consists of 0.68 ha (1.67 ac) 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. 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 the former Town of Newcastle Comprehensive Zoning By -Law 84 -63. The purpose of the application is to change the current zoning from "Agricultural (A) Zone" to an appropriate zone permitting the development of a 2,973 m2 (32,000 ft2) theatre containing 2,210 seats on the east side of future Street B (Clarington Boulevard). 3.2 The proponent's initial proposal (DEV 94 -005) sought approval for a 3,255 m2 (35,000 ft2) retail block on the west side of Street B (Clarington Boulevard) and a 465 m2 (5,000 ft2) restaurant on the east side of the street as approved by the Ontario Municipal Board hearing. Due to various considerations, the applicant now wishes to proceed with the 2,973 m2 (32,000 ft2) theatre and two restaurants totalling 930 m2 (10,000 ft2) as Phase 1. A 2,785 m2 (30,000 ft2) retail block would be built in the second Phase of the development on the west side of 559 REPORT NO.: PD -65 -95 PAGE 3 Clarington Blvd. The ultimate site development will total 13,935 m2 (150,000 ft2) of commercial floorspace. 3.3 A statutory Public Meeting was held February 6, 1995 at which no member of the public spoke in opposition or in support of the proposal. Both Messrs. Ron Worboy and Bob Martindale addressed Committee on behalf of Willsonia Industries Limited to explain the proposal. 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 and sports fields West: Residential dwelling and vacant land South: Canadian Tire and proposed Markborough Shopping Centre S. OFFICIAL PLAN POLICIES 5.1 The subject lands are within the west Main Central Area as approved by the Ontario Municipal Board. 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 East Main Central Area, modifications are required to show two separate Main Central Area designations on the Durham Region Official Plan Land Use Map A5. As a result, the subject lands will be designated "Main Central Area ". Permitted uses within a Main Central Area designation include community, office, service and shopping, recreational and residential uses. The proposed use conforms with the relevant policies. However, the final Board Order has not been issued to implement this decision. REPORT NO.: PD -65 -95 PAGE 4 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 ". The proposed use conforms with the relevant policies. However, the final Board Order has not been issued to implement this decision. 5.3 In its decision, 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 is now proposing an additional 2,973 m2 (32,000 s.f.) of floorspace for a cinema. The policies in Official Plan Amendment #56 require that prior to permitting additional retail floorspace, a retail market analysis be prepared by an independent market analyst at the applicant's expense. However, movie theatres are considered a place of entertainment and are not defined as a retail use. Accordingly, a retail analysis is not required to justify the proposed use. 6. ZONING BY -LAW CONFORMITY 6.1 The subject lands are currently zoned "Agricultural (A) Zone" and "General Commercial Exception (C1 -16)" 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 5 61 REPORT NO.: PD -65 -95 PAGE 5 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. Five general telephone inquiries relating to the proposed development has been received. S. AGENCY COMMENTS 8.1 The application was circulated to solicit comments from relevant agencies. The Ministry of Transportation had no objections to the proposal. 8.2 The Municipality of Clarington Community Services Department has no objections to the proposal provided that: • the 2% parkland dedication is provided as land for the entire property owned by the applicant; and, • parking in the Garnet B. Rickard Recreation Complex not be utilized as overflow parking for the theatre. 8.3 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 a 4 foot high chain link fence and a cedar hedge; and, • the fire department lands are not adversely impacted by run -off from the adjacent site. 8.4 The Municipality of Clarington Public Works Department has no objections to the rezoning. The applicant will be required to extend full municipal services to the site prior to receiving development approvals. 15' 6 2 REPORT NO.: PD -65 -95 PAGE 6 8.5 The Durham Region Planning and Durham Region Public Works Departments have no objections to the proposal in principle but offer the following comments: • The lands are situated within the West Main Central Area in the Official Plan of the former Town of Newcastle and form part of the lands subject to the Ontario Municipal Board hearing. They request that amending by -law not be passed until the final Board Order has been issued. Subsequently, more detailed comments on conformity will be forthcoming. • Municipal servicing for the site will require the extension of an existing 525 mm sanitary sewer and a 400 mm watermain from the east limit of the subject lands. These services must also be installed on Street "B" through the property. • The following improvements are required for the Highway #2 and Street "B" intersection prior to development proceeding on the site: - traffic signals at Highway #2 and Street "B ", - urban storm drainage crossing Highway #2; - improvements to approaches on Highway #2 to Street "B "; - raised centre median island on Highway #2; and, - possible reduction of proposed tree lined raised median on Street "B ". 8.6 The Central Lake Ontario Conservation Authority has no objections to the proposal in principle. The applicant 563 REPORT NO.: PD -65 -95 PAGE 7 has prepared an interim report which demonstrates that development on the subject lands in the absence of an amendment to the Westside Creek Master Drainage Plan is acceptable within the context of the overall Master Drainage Plan. Through the use of appropriate controls, and in conjunction with existing facilities further downstream, development should be able to proceed without impacting existing facilities or future proposals. The interim report has provided a number of alternatives for stormwater management which are acceptable with the Conservation Authority. However, they would have to be supported with appropriate calculations and documentation in the Master Drainage Plan amendment. The Authority requests that this issue be addressed through the site plan approval stage. 8.7 The Ministry of Environment and Energy initially raised some concerns during the Ontario Municipal Board hearing that fill had been placed on the property possibly contaminating the soils. They requested that a soils analysis be conducted identifying site contaminants as well as a remedial action plan. An analysis was completed by a soils consultant on behalf of the applicant and submitted for approval. The Ministry review concluded that all contaminant materials were within their respective guideline limits. Consequently, the Ministry has no objections to this proposal 9. STAFF COMMENTS 9.1 Commercial Policies The Ontario Municipal Board has approved 3,720 m2 (40,000 ft2) of retail and personal service floorspace for the 564 REPORT NO.: PD -65 -95 PAGE 8 Willsonia lands. As previously mentioned, the applicant has applied for site plan approval of this floorspace. However, the policies in Official Plan Amendment #56 state that retail and personal service floorspace excludes a theatre or place of entertainment from the retail floorspace allocations. Therefore, the applicants proposal for the additional 2,973 m2 (32,000 ft2) theatre would not offend the commercial policies of the Secondary Plan for the Bowmanville West Main Central Area. 9.2 Parking Requirements 9.2.1 A parking study based on the ultimate development potential of 13,935 m2 (150,000 ft2) has been submitted by the applicant for review. The report recommends a reduction in parking standards for retail and restaurant uses based on parking studies conducted on existing developments in other municipalities. The following table shows the parking generated by both the existing and the reduced standards: The retail parking is reduced by 4 spaces while the restaurant parking is reduced by 30 spaces. Staff consider these reductions to be acceptable. 565 Theatre Retail Restaurant Existing 1 space per 5 1 space per 30 1 space per 7 Zoning seats m2 of gross m2 of total By -Law floor area floor area Parking accessible to Standard the public Required 442 spaces 343 spaces 80 spaces Parking Reduced 1 space per 5 1 space per 29 1 space per Zoning seats m2 of gross 11.1 m2 of By -Law floor area total floor Parking area accessible Standard to the public Required 442 spaces 339 spaces 50 spaces Parking The retail parking is reduced by 4 spaces while the restaurant parking is reduced by 30 spaces. Staff consider these reductions to be acceptable. 565 REPORT NO.: PD -65 -95 PAGE 9 9.2.2 The Phase 1 development will consist of a theatre and two restaurants requiring a total of 492 spaces under the reduced standards. The applicant will develop approximately 480 parking spaces with 174 spaces on the lands purchased from the Municipality and an interim parking lot containing 306 parking spaces on the west side of Street "B ". Although this results in a slight deficiency of 12 parking spaces, Staff feel that this shortage is minor and will not create a parking problem. 9.2.3 The ultimate development plan also provides approximately 480 parking spaces but a total of 831 parking spaces are required for the development under the reduced standards. This results in a deficiency of 351 parking spaces. The parking study examined the peak demand requirements for each of the types of uses proposed. Aggregate peak parking demands for weekday evenings and Saturday afternoons results in respective parking deficiencies of 218 and 194 spaces. Weekday afternoons and Saturday evenings result in respective parking deficiencies of 111 and 63 spaces. A theatre typically requires large volumes of parking. Whereas this block had originally been contemplated for retail uses, the inclusion of the theatre in the proposal has created the parking deficiency. 9.2.4 The study argues that a strategy including on- street and shared parking should be implemented within the West Main Central Area to accommodate surcharge demands of the cinema. With adjacent developments such as the Garnet B. Rickard Recreation Complex, Canadian Tire and the proposed Markborough shopping centre containing approximately 1,000 spaces within a 5 minute walking D REPORT NO.: PD -65 -95 PAGE 10 distance, the subject deficiency could be accommodated at these locations. 9.2.5 In the interest of providing for compact urban form, staff agree that the concept of using on- street parking and shared parking arrangements is desirable. Over time, the introduction of transit and the development of housing in close proximity could reduce parking requirements. However, staff, in particular the Department of Community services, cannot support a shared parking concept involving the Recreation Complex because the peak parking periods of the cinema coincide with the peak usage periods of the recreational complex. Facility parking is already at a premium during these periods, a shared arrangement involving the Recreation Complex parking lot would create further difficulties for facility users. 9.2.6 In light of the major peak parking deficiency, it would not seem equitable to place the burden of providing parking for the subject lands on adjacent landowners. Therefore, the applicant must address the parking issue prior to subsequent phases of development. Possible solutions include the following: • reduce the size of the overall development thereby reducing the requirement for parking and providing more parking spaces; and /or, • conduct a comprehensive study of actual parking requirements in the entire area subsequent to the initial phases of development. 567 REPORT NO.: PD -65 -95 PAGE 11 9.3 Urban Design Guidelines Urban design guidelines have been prepared by Staff for the Bowmanville West Main Central Area to assist the evaluations of development proposals (See Attachment #3) . These policies seek to create a character reflective of the retail, commercial and residential focus in a Main Central Area, provide pedestrian access throughout the area and ensure a high quality of architectural, streetscape and landscape treatment throughout the area. The following urban design elements would apply to the subject lands: • The primary building face, which is parallel to a major street, should be the primary building address and entrance containing a high degree of architectural quality; • Major building faces are adjacent to public streets should also be fully developed architecturally and provide additional access; • An overall building height of six storeys; • Areas of high public visibility should contain special architectural features to denote landmark locations; • Buildings along Street "B" should be developed on the lot line - to foster a pedestrian retail environment with first floor elevations being consistent with the finished street grade; • Large scale parking areas shall be subject to the site plan and landscaping guidelines to ensure safe pedestrian movement and potential site intensification; • Future transit stops may be considered; • Highway #2 should be developed as an urban street with sidewalks, street trees and other urban elements; • Street "B" is designated as a 23 - 26m right -of -way to accommodate pedestrian activity on a 3m sidewalk and street parking; and, 568 REPORT NO.: PD -65 -95 PAGE 12 • Street "E" is designated as a local road and shall accommodate on- street parking. Once a site plan application is submitted for the subject lands, Staff will ensure that these urban design principles are incorporated into the development. 9.4 Highway #2 Urbanization The applicant has agreed to make a contribution of $200,000 towards the reconstruction and urbanization of Highway #2. The formalization of the multi -party agreement is subject to Regional Council approval. 9.5 Street Names The applicant has requested street names for the streets within the subject development. The Municipality is prepared to reserve the following names for the right -of- ways known as Street "B" and Street "E" in the West Main Central Area Urban Design Guidelines: • Street "B" which travels through the subject lands in a north -south manner shall be named as Clarington Boulevard. This name shall extend to that portion of Street "B" south of Highway #2; and, • Street "E" which travels through the subject lands in an east -west manner shall be named as Uptown Avenue. This name shall extend west of the subject lands along the entire length of Street "E". In addition, it is recommended that the east -west street south of the Markborough Properties and Canadian Tire developments be named Bowmanville Boulevard. ME REPORT NO.: PD -65 -95 PAGE 13 9.6 GO Transit Stops It is noted that transit use is encouraged through the policies of the Official Plan and should be considered in the site plan review and engineering work for the road urbanization. Accordingly, it is recommended that GO Transit be requested to establish a transit stop near the intersection of the future Clarington Boulevard and Highway #2. 10. CONCLUSION 10.1 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 2,973 m2 (32,000 ft2) theatre containing 2,210 seats be APPROVED. A By -Law will be forwarded to Council for approval 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. 10.2 It should be noted that the By -Law will cover the subject lands as well as the restaurant at the northeast corner of Highway #2 and Clarington Boulevard. The restaurant is subject to the Board Order and is proposed to contain the "General Commercial Exception (C1 -16)" zoning. Therefore, Staff propose that this zone should be amended to include the theatre once the Board Order is issued. This will provide a consistent zone for this block. 570 REPORT NO.: PD -65 -95 PAGE 14 Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development RH *DC *FW *df 8 June 1995 Reviewed by, t"V W.H. Stockwell Chief Administrative Officer Attachment #1 - Key Map Attachment #2 - Site Plan Attachment #3 - Bowmanville West Main Central Area Urban Design Interested parties to be notified of Council and Committee's decision: Mr. Robert Martindale Martindale Planning Services 23 Elizabeth Street Ajax, Ontario L1T 2X1 Mr. Glenn Willson Willsonia Industries Ltd. P.O. Box 488 Oshawa, Ontario. L1H 7L8 5 71 ATTACHMENT #1 SUBJECT SITE 17 LOT 16 LOT 15 14 N AI LU RME COURT 0 EP i j RE-5 w Z o al V cr. of 0 z WI V w w I it I Z (D muunn...... u�m 7 — — A _ = STEVEN A - - - 1 EP Z A AY 0 I -. R A -13 V) ,H R1 RC C1-7 ' Ld � V A 0 o � V (H) R1 (H)R1 0 R1 ' fW%Gd r. ,, BOWMANVILLE EY � 50 m 100 200 300m DEV. •4 062 Im I I I rI I _I I (STREET 'E') _ I --; FE —Tr-- I T T �— I io'o`� ; 1 • � m iAC'K I I i � I fARgNG' 306 CARS T — —(— �+� I fMK NG 174 CY - T- +_ y fl 7rit ! I —1_ — I I I ili 1 — FIRE STATION 70se2 >D.o `�--� ) •�'.�+ `��!� v °'.:site: ✓ .. 1 U APPROVED: APPROVED:' U „ RPORATNIN OF THE YUNICIPAt1TY OF CIARINCTON _ � it vo c�ao.er CLARINGTON PLACE BOWMANVILLE WEST MAIN CENTRAL AREA WILLSONIA INDUSTRIES LTD. TEMPORARY PARKING PHASE 1 DEVELOPMENT r* �F w+ M I OM 0 FUIURE GO STA7R S17E 1i FU TZIRE GO STA710N S17E 2 517E 2 a • � a OPEN SPACE KI f< � Building Envelope Piiii� Primary Building Face 0 Major Building Face Exposed to Public Street F-9-1 Height — Storeys Architectural Focus F-9--1 Landscape Focal Point PiiiiiR Special Streetscape Zone Retail Shopping Pedestrian Zone `0' Setback to Street Required r:::� Pedestrian Through Block Connection ® Large Scale Surface Parking © 30m Railway Corridor Setback ® 10m Landscape Zone to Railway Corridor T® Transit Stop F —W-1 Vehicular Access Point F-, -- Highway 2 Streetscape Zone F=:� Street R.O.W. HUH000PAL977 OF OLMOMUCH BO MAIV'/I LLLE W EST MAI N C ENTF?AI_ AF2 EA