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Home My WebLink About03/01/2006 (Special Meeting) o Council Meeting Minutes March 1, 2006 Minutes of a special meeting of Council held on March 1, 2006, at 1:00 p.m., in the Council Chambers. Councillor Schell led the meeting in prayer. ROLL CALL i Present Were: Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur ! Councillor P. Pingle Councillor G. Robinson Councillor J. Schell Councillor C. Trim Also Present: Chief Administrative Officer, F. Wu Manger, Engineering Services, L. Benson Director of Community Services, J. Caruana Director of Planning Services, D. Crome Solicitor, D. Hefferon Director of Operations, F. Horvath Director of Corporate Services, M. Marano Director of Finance/Treasurer, N. Taylor Director of Emergency Services, G. Weir Administrative Assistant to the Clerk, H. Keyzers Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. j f� i DELEGATIONS Beth Kelly & Robert Hann, Halloway Holdings advised prior to the meeting that they would not be speaking. i Lyn Townsend, Lynda Townsend-Renaud Law appeared before Council on behalf of her clients Halloway Holdings and Home Depot. She noted that her clients are in support of Report PSD-027-06 and that she is present to answer questions. Council Meeting Minutes -2- March 1, 2006 DELEGATIONS Bryce Jordan, Sernas Associates advised prior to the meeting that he would not be speaking. Brent Clarkson, MHBC Planning Limited advised prior to the meeting that he would not be speaking. Irwin Hamilton, representative of Holburn Biomedical Corporation appeared before Council on behalf of his client Holburn Biomedical Corporation. He commented on the letter by Ronald Stead circulated to Council prior to the meeting and noted that he was in attendance to answer questions. Stan Stein, Osler, Hoskin & Harcourt appeared before Council on behalf of his client Zellers Inc. Mr. Stein advised Council of the history of the planning process involving the Ontario Municipal Board and noted that the decisions of the OMB hearing are being abandoned. He noted that his client has made a significant investment in Clarington and that the Wal-Mart application is inappropriate at this time. Mr. Stein has concerns for the downtown core and noted that Clarington shoppers will still go elsewhere to shop. The historical businesses will start to slide and will not recover. He advised that the municipality’s population is not justified for this type of expansion and he is requesting Council to rethink the recommendations contained in Report PSD-027-06. Ron Hooper, Bowmanville BIA appeared before Council as the Chairman of the Board of Management for Historical Downtown Bowmanville on behalf of all downtown merchants. He thanked staff of the Planning Service Department for conducting meetings and providing him with the necessary information. Mr. Hooper noted that there will be historic consequences for the downtown core should these applications be allowed to proceed. He noted that when the population is large enough to support all the businesses then he would welcome the introduction of the applications. He stated that people who work outside the area will continue to shop outside the area and that downtown Bowmanville will not be able to survive the incline in sales. Valentine Lovekin, Newcastle BIA advised prior to the meeting that he would not be speaking. Gary Thertell, Orono BIA was called but was not present. Council Meeting Minutes -3- March 1, 2006 DELEGATIONS Robert DeGasperis, West Diamond/Players Business advised prior to the meeting that he would not be speaking. Peter Smith, Bousefields advised prior to the meeting that he would not be speaking. Mary Feehely, Walker Nott Dragecivic Associates Limited appeared before Council representing her client AYT Corporation. She noted that they are disappointed in the timing of the meeting and the release of supporting documents. Ms. Feehely advised that her clients object to the recommendation that their application be refused and noted that the proposal offers many benefits to eastern Bowmanville. She noted that her client’s uses are compatible with the scientific park and the development will assist with the outflow of expenditures. She is requesting Council not to refuse AYT’s application and to direct staff to prepare the Official Plan Amendment and the thrd Rezoning By-laws to be heard at the meeting scheduled for March 20 or April 3. She is also requesting that Amendment #43 not apply to AYT’s application. Peter Walker, Walker Nott Dragecivic Associates Limited was not in attendance. Steve Zakem, Aird & Berlis advised prior to the meeting that he would not be speaking. Scott Arbuckle, Planning & Engineering Initiatives Ltd. was called but was not present. Tenzin Gyaltsan, Newcastle IGA was called but was not present. Eugene Dupuis advised Council that he is a resident of Bennett Road and that he is in opposition to AYT’s application. He noted that the lands should be used for the proposed scientific park. Roslyn Houser, Goodmans appeared before Council advising that she is in full support of the recommendations contained in Report PSD-027-06. She advised Council that Zellers’ strategy is to criticize the market proposal report and to delay the opening of Wal-Mart stores to protect their own market shares. Council Meeting Minutes -4- March 1, 2006 REPORT Report PSD-027-06 – Commercial Policy Review, Bowmanville West Main Central Area Secondary Plan Review Amendments 43 and 44 to the Clarington Official Plan and Related Amendments to the Zoning By-law and Related Applications By: 1) West Diamond Properties Inc./Players Business Park Ltd 2) Halloway Holdings Limited 3) AYT Corporation 4) Loblaw Properties Ltd. Resolution #C-109-06 Moved by Councillor Schell, seconded by Councillor Trim 1. THAT the Commercial Policy Review – Final Report by Meridian Planning Consultants, the Addendum Market Analysis and the Bowmanville West Main Central Area Secondary Plan Review Report by Meridian Planning Consultants and Brook McIlroy, and staff Report PSD-027-06 be received; 2. THAT Council resolves that a further public meeting on Official Plan Amendment 43 and 44 is not necessary; 3. THAT Official Plan Amendment 43 to the Clarington Official Plan as contained in Attachment 8 to Report PSD-027-06 be adopted and that the necessary by-law be passed; 4. THAT Official Plan Amendment 44 to the Clarington Official Plan as contained in Attachment 9 to Report PSD-027-06 be adopted and that the necessary by-law be passed; 5. THAT the by-laws to amend Comprehensive Zoning By-law 84-63 contained in Attachments 10, 11 and 12 to Report PSD-027-06 to implement portions of Official Plan Amendment Nos. 43 and 44 be passed; 6. THAT Council resolve by separate resolution that the Concept Plan for Development contained in Attachment 2 prepared by Stantec Consulting Ltd. entitled “Proposed Metrus Commercial Development” and the elevation drawings of the proposed Wal-Mart store prepared by Petroff Partnership Architects, dated July 14, 2005, contained in Attachment 3 to Report PSD-027-06 and the proposed Loblaws Superstore prepared by Turner Fleischer Architects Inc., dated revised July 12, 2005, contained in Attachment 4 to Report PSD-027-06, be endorsed in principle subject to the submission and review of detailed plans and drawings under Section 41 of the Planning Act; Council Meeting Minutes -5- March 1, 2006 REPORT 7. THAT Council resolve by separate resolution that the Concept Plan for Development contained in Attachment 5 to Report PSD-027-06 prepared by Sernas Associates and Turner Fleischer Architects Inc., dated January 2006 and the elevation drawings of the proposed Home Depot store prepared by Turner Fleischer Architects Inc. dated revised January 3, 2006 contained in Attachment 6 to Report PSD-027-06 be endorsed in principle subject to the submission and review of detailed plans and drawings under Section 41 of the Planning Act; 8. THAT the applications to amend the Clarington Official Plan (File No. COPA 2002-009) and to amend the Municipality’s Zoning By-law 84-63 (File No. ZBA 2002-026) as submitted by Halloway Holdings Limited be approved to the extent that they are consistent with Amendments 43 and 44 and the related zoning by-laws contained in Report PSD-027-06; 9. THAT the applications to amend the Clarington Official Plan (File No. COPA 2002-003) and amend the Municipality’s Zoning By-law 84-63 (File No. ZBA 2002-004) as submitted by West Diamond Properties Inc. and Players Business Park Limited be approved to the extent that they are consistent with Amendment 43 and 44 and the related zoning by-laws contained in Report PSD-027-06; 10. THAT the applications submitted by Loblaw Properties Ltd. to amend the Clarington Official Plan (File No. COPA 2000-003) and to amend the Municipality’s Zoning By-law 84-63 (File No. ZBA 2002-020) to expand the Clarington Centre to permit an additional 37,200 sq. ft. expansion to the existing supermarket be refused; 11. THAT the application submitted by Loblaw Properties Ltd. to amend the Municipality’s Zoning By-law 84-63 (File No. ZBA 2003-043) be approved to the extent that it is consistent with the zoning by-laws to delete the requirement for a supermarket in the Clarington Centre contained in Report PSD-027-06; 12. THAT the applications submitted on behalf of AYT Corporation to amend the Clarington Official Plan (COPA 2004-007) and to amend the Municipality’s Zoning By-law 84-63 (ZBA 2004-055) to permit a large-format retail complex with approximately 54,215 sq. m. of total gross floor area at the northwest corner of Highway 401 and Bennett Road be refused; 13. THAT the Region of Durham be advised that the Municipality of Clarington does not support the approval of the application submitted on behalf of AYT Corporation to amend the Durham Regional Official Plan (ROPA 2004-006); Council Meeting Minutes -6- March 1, 2006 REPORT 14. THAT by-laws be passed to authorize the Mayor and Clerk to execute the Principles of Understanding between the Municipality, Players Business Park Ltd. and West Diamond Properties Inc. and 1613881 Ontario Inc., the Principles of Understanding between the Municipality and Halloway Holdings Limited, the Stevens Road Extension Agreement between the Municipality, Players Business Park Ltd., West Diamond Properties Inc. and Halloway Holdings Limited and the Indemnity Agreement between the parties just mentioned substantially in the form of the Principles of Understanding and Agreements contained in Appendices 10 to 13 inclusive; 15. THAT Planning Staff be authorized to include in its 2007 work program a community improvement plan study for Newcastle Village Centre; 16. THAT staff be authorized to bring a report forward to Council to implement provisions of the Principles of Understanding between the Municipality and Halloway Holdings Limited related to the Site Plan Agreement and Servicing Agreement referred to in Section 11 of Report PSD-027-06; and 17. THAT notice of Council’s decision be forwarded to the Region of Durham and all persons or bodies who requested notification of this decision. “CARRIED AS AMENDED LATER IN THE MEETING” (SEE FOLLOWING AMENDING MOTION) Resolution #C-110-06 Moved by Councillor Schell, seconded by Councillor Trim THAT Recommendations 12 and 13 be replaced with the following: 12. THAT the application submitted on behalf of AYT Corporation to amend the Clarington Official Plan and the Region of Durham Official Plan to permit a large-format retail complex with approximately 54,215 sq. m of total gross floor area at the north-west corner of Highway 401 and Bennett Road be referred back to staff; 13. THAT the application submitted on behalf of AYT Corporation to amend the Municipality’s Zoning By-law to permit a large-format retail complex with approximately 54,215 sq. m of total gross floor area at the north-west corner of Highway 401 and Bennett Road be refused; THAT Recommendation 17 be renumbered Recommendation 20 and that the following new items be added: Council Meeting Minutes -7- March 1, 2006 REPORT 17. THAT staff be directed to prepare a position in support of an urban boundary expansion in the Durham Regional Official Plan Review to incorporate the 57 acre parcel owned by AYT Corporation on the north-east corner of Highway 401/Bennett Road interchange; 18. THAT staff be directed to bring forward an amendment to the Clarington Official Plan to a Public Meeting that provides for: i. The 54 acre parcel of land owned by AYT Corporation on the north-west side of Highway 401/Bennett Road interchange being designated as Prestige Employment Area to permit, among other things, a hotel and conference centre; ii. The 57 acre parcel of land owned by AYT Corporation on the north-east side of Highway 401/Bennett Road interchange being designated as a Special Policy Area in the Official Plan that would allow for a 45,000 sq. m. large format retail centre to be zoned sometime after March 1, 2016 provided that the Municipality’s population is greater than 116,000 persons and that a full-service hotel and conference centre with a minimum of 100 rooms, a restaurant, and two meeting rooms of approximately 3,000 sq. ft. each is constructed at the Bennett Road interchange; iii. The retention of Bennett Road/Highway 401 interchange and the designation of Bennett Road as a Type B Arterial Road. 19. THAT prior to advertising the Public Meeting on the proposed amendment to the Clarington Official Plan, that staff be directed to conclude arrangements with AYT that provides for: i. AYT to front-end 50% of the cost of extending sanitary sewer services along Baseline Road to Bennett Road and the replacement of the deficient section of sanitary sewer between Haines Avenue and Soper Creek, at such time as any other developer in the Bowmanville industrial lands gives written notice to AYT and the Region that it is prepared to enter into a front-ending arrangements to extend sanitary sewer services; ii. AYT to make immediate payment to the Region for transmittal to Holburn Biomedical for repayment of AYT’s share of the cost of extending water supply services to the area according to a front-ending servicing agreement with the Region; iii. AYT to pay its front-ending payment under any fronting-ending agreement for the construction of storm-water management facilities at such time as the Municipality issues a certificate of completion for such facilities; Council Meeting Minutes -8- March 1, 2006 REPORT iv. At the time of final approval of the rezoning of the lands for large format retail uses at Bennett Road, that AYT contribute $1.62 per square foot approved (adjusted to by the consumer price index from March 1, 2006) to the Municipality in 5 equal annual installments for expenditure in funding programs in support of the Clarington business improvement areas (BIAs) and/or capital improvements projects and grants for an approved community improvement area; v. That AYT be responsible for all costs in preparing such agreements and defending such decision of Council. “CARRIED” The foregoing Resolution #C-109-06 was then put to a vote and “CARRIED AS AMENDED.” BY-LAWS Resolution #C-111-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-laws 2006-044 to 2006-052, inclusive and that the said by-laws be now read a first and second time: 2006-044 being a by-law to adopt Official Plan Amendment No. 43 to the Clarington Official Plan 2006-045 being a by-law to adopt Official Plan Amendment No. 44 to the Clarington Official Plan 2006-046 being a by-law to amend By-law 84-63, respecting certain definitions and general provisions with respect to commercial development 2006-047 being a by-law to amend By-law 84-63, respecting certain lands in the Bowmanville West Town Centre 2006-048 being a by-law to amend By-law 84-63, respecting certain lands at the south-west corner of Highway 2 and Regional Road 57 in the Bowmanville West Town Centre 2006-049 being a by-law to authorize the execution of Principles of Understanding between Players Business Park Ltd. And West Diamond Properties Inc. and the Corporation of the Municipality of Clarington and 1613881 Ontario Inc. Council Meeting Minutes -9- March 1, 2006 BY-LAWS 2006-050 being a by-law to authorize the execution of Principles of Understanding between Halloway Holdings Limited and the Corporation of the Municipality of Clarington 2006-051 being a by-law to authorize the execution of the Stevens Road Extension Agreement between Players Business Park Ltd. and West Diamond Properties Inc. and Halloway Holdings Limited and the Corporation of the Municipality of Clarington 2006-052 being a by-law to authorize the execution of an indemnity agreement between Players Business Park Ltd. and West Diamond Properties Inc. and Halloway Holdings Limited and the Corporation of the Municipality of Clarington “CARRIED” Resolution #C-112-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-laws 2006-044 to 2006-052, inclusive be approved. “CARRIED” OTHER BUSINESS Resolution #C-113-06 Moved by Councillor Schell, seconded by Councillor Trim THAT the Council of the Corporation of the Municipality of Clarington hereby resolves that the following drawings be endorsed in principle as the Concept Plan for Development of the lands owned by Players Business Park Ltd. and West Diamond Properties Inc., subject to the submission and review of detailed plans and drawings under section 41 of the Planning Act: 1. Plan prepared by Stantec Consulting Ltd. identified as Drawing SP-08 entitled “Concept Plan for Development; 2. Elevation Drawings for proposed Wal-Mart store prepared by Petroff Partnership Architects entitled “Bowmanville Commercial Development Conceptual Elevations” revised July 14, 2005; and Council Meeting Minutes -10- March 1, 2006 OTHER BUSINESS 3. Elevation Drawings for proposed Real Canadian Superstore entitled “Proposed Elevations” prepared by Turner Fleischer Architects Inc. dated January 28, 2005, revised July 12, 2005. “CARRIED” Resolution #C-114-06 Moved by Councillor Schell, seconded by Councillor Trim THAT the Council of the Corporation of the Municipality of Clarington hereby resolves that the following drawings be endorsed in principle as the Concept Plan for Development of the lands owned by Halloway Holdings Limited, subject to the submission and review of detailed plans and drawings under section 41 of the Planning Act: 1. Plan prepared by Sernas Associates and Turner Fleischer Architects Inc. identified as Drawing A-100 revised February 27, 2006; 2. Elevation Drawing for proposed Home Depot store prepared by prepared by Turner Fleischer Architects Inc. identified as Drawing A3.0 revised January 3, 2006; and 3. Elevation Drawing prepared by Turner Fleischer Architects Inc. identified as Drawing A7.0 revised December 20, 2005. “CARRIED” CONFIRMING BY-LAW Resolution #C-115-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-law 2006-053 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this special meeting held on the 1st day of March, 2006, and that the said by-law be now read a first and second time. “CARRIED” Council Meeting Minutes CONFIRMING BY-LAW Resolution #C-116-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-law 2006-053 be approved. "CARRIED" -11- March 1, 2006 ADJOURNMENT Resolution #C-117 -06 Moved by Councillor Schell, seconded by Councillor Robinson THAT the meeting adjourn at 1 :35 p.m. "CARRIED" MAyqrtJ~*--