HomeMy WebLinkAboutPD-60-93 Addendum
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting:
General Purpose and Administration Committee
File# 1\\ ~ .80
Res.#~-~3
By-Law #
Date:
Monday, July 19, 1993
ADDENDUM TO
. PO-60-93File #:
PLN 12.6
Report #:
Subject:
BOWKANVILLE HAIN CENTRAL AREA STUDY
FILE: PLN 12.6
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT the Addendum to Report PD-60-93 be received;
2. THAT Resolution # C-442-93 as approved by Council on June 14, 1993
regarding staff Report PD-60-93, be rescinded;
3. THAT the Recommendations as contained in Report PD-60-93 be
approved;
4. THAT Council provide direction with regard to the initial maximum
allocation of commercial floorspace in the West Main Central Area
(refer to Paragraph 4.3.5);
5. THAT the Durham Region Planning Department, and all interested
parties listed in Report PD-60-93 and any delegation be advised of
Council's decision.
1.0 BACKGROUND
1.1 On June 14, 1993, Council adopted a resolution in respect of
Report PD-60-93 and the development of the Bowmanville West
Main Central Area. The resolution contained financial
conditions required to be met by Markborough Properties Inc.
and West Bowmanville Developments Ltd.
1.2 On June 28, 1993, Council adopted a further resolution to
request Markborough and West Bowmanville to file with the Town
Clerk by June 30, 1993, written undertakings agreeing to
satisfy the financial conditions contained in the June 14,
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ADDENDUM TO REPORT NO.: PD-60-93
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1993 Council resolution; otherwise, "Council will rescind its
resolution of June 14 1993 and will reconsider the
recommendations contained in the Report PD-60-93."
Markborough's letter of response (Attachment No.1) did not
satisfy the conditions set out in Council's resolution.
Therefore, Report PD-60-93 is being brought forward for
reconsideration in accordance with Council's resolution.
2.0 ONTARIO MUNICIPAL BOARD PRE-HEARING
2.1 On July 6, 1993, the Ontario Municipal Board conducted a pre-
hearing conference with respect to the referral request by
Bowmanville Mallon Amendment 255 to the Durham Region
Official Plan and Amendment 40 to the Official Plan of the
former Town of Newcastle, and the appeal by 829426 Ontario
Ltd. (Markborough Properties and West Bowmanville Development
Ltd.) of their zoning by-law amendment application and site
plan application.
2.2 There were nine parties that appeared before the O.M.B.
indicating a desire to participate in some fashion regarding
hearing. These were:
The Municipality of Clarington
The Region of Durham
829426 Ontario Ltd. (Markborough and West Bowmanville
Developments Ltd.)
Barmond Builders (Bowmanville Mall)
Ghods Builders Inc.
Willsonia Industries Ltd.
Bowmanville Business Centre (B.I.A.)
Vanstone Mill Inc.
Valiant Property Management.
the
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2.3 The
the
O.M.B. heard from all parties regarding the background to
hearing, their interest in the matters under
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ADDENDUM TO REPORT NO.: PD-60-93
PAGE 3
consideration, the request by a number of parties to have
their applications joined to this hearing and opinions
regarding the potential timing for the hearing.
2.4 Among the matters presented to the O.M.B., the solicitor for
Ghods Builders Inc. indicated that they had requested referral
of their Official Plan Amendment application (OPA 89-90/D/N)
and appealed their application for zoning by-law amendment
(DEV 89-102). In addition, he indicated that his clients did
not intend to proceed with a site plan for MacDonald's
Restaurant in accordance with the rezoning application
approved by Council on June 28, 1993, but would be submitting
a site plan for the entire site and appealing this matter to
the O.M.B.
2.5 The O.M.B. determined that the applications by Ghods Builders
Inc. and willsonia Industries Ltd. would be consolidated with
this hearing. In addition, if the applications by Vanstone
Mill Inc. were not dealt with by Councilor were denied by
Council, those applications would also be consolidated with
the hearing.
2.6 Among other directions, the O.M.B. directed:
· The Municipality to prepare the Urban Design Guidelines
as required by Amendment No. 40 and circulate them to the
affected parties by September 24, 1993;
· The Region and Willsonia Industries to confer with
respect to the Modification to Amendments 40 and 255, to
consider whether the modification requires a separate
amendment and report back to the O.M.B. on October 18,
1993;
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ADDENDUM TO REPORT NO.: PD-60-93
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2.7
3.0
3.1.1
3.1.2
· Vanstone Mill Inc. to proceed with their application to
amend the Official Plans and Zoning By-law and report
back to the O.M.B. on October 18, 1993 with respect to
the need to join these applications to the hearing; and
· All parties to negotiate in good faith.
The O.M.B. has rescheduled the hearing to commence on January
10, 1994 and has scheduled another pre-hearing conference for
October 18, 1993.
Summary of ReDort PD-60-93 and Phase 2: Develo~ment oDtions
ReDort
Report PD-60-93 was forwarded to the Committee Meeting of
April 5, 1993, together with the 'Phase 2: Development
Options' report as submitted by Berridge Lewinberg Greenberg.
The Phase 2 Report recommended that new retail development in
the West Main Central Area be phased on the basis of
population growth, that the development of the West Main
Central Area be structured on a grid and block system, and
that 'Scenario 2 - Main Street' be endorsed as the preferred
development option for the West Main Central Area. Report PD-
60-93 endorsed these recommendations of the Phase 2 Report.
with respect to the phasing of new commercial permissions, the
Phase 2 Report noted that unrestricted commercial development
in the West Main Central Area would have a serious impact on
the existing downtown. The Report concluded that a maximum of
140,000 sq. ft. of commercial floorspace could be permitted
immediately within the West Main Central Area, and that all of
this initial floorspace should be allocated to the Markborough
site to enable a critical mass of space to be developed,
including a department store. The balance of the Markborough
proposal, as well as commercial development on the Ghods,
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ADDENDUM TO REPORT NO.: PD-60-93
PAGE 5
4.
4.1
4.1.1
4.1.2
4.2
4.2.1
Willsonia, and Bayly Holdings (Ibanez) properties could
potentially proceed as identified population thresholds are
reached.
MATTERS TO BE ADDRESSED PRIOR TO THE SECOND PREHEARING
CONFERENCE AND THE O.M.B. HEARING
Urban Desion Guidelines
Official Plan Amendment No. 40 states that an Urban Design
Plan approved by Council shall be required prior to zoning of
any Development Block in the area covered by the Amendment.
The Urban Design Plan is to establish guidelines for:
· the integration of structures and uses within the Main
Central Area;
· transit routes and stations;
· parking in the rear of buildings wherever possible; and
· a visual interpretation of the development of the Main
Central Area which will be used as a guide in evaluating
development proposals.
The O.M.B. has directed the Municipality to prepare the
required Urban Design Guidelines and circulate them to all
parties by September 24, 1993. In this regard, Staff will
prepare draft guidelines to be presented to Council prior to
the deadline set by the O.M.B., with the final Secondary Plan
and Guidelines to be approved by Council prior to the
commencement of the hearing in January 1994.
Other Planninq ADDlications
In light of the decision by the Ontario Municipal Board to
allow the Official Plan Amendment applications by Willsonia
Industries, Ghods Builders and Vanstone Mill to be dealt with
at the same hearing as Amendments Nos. 40 and 255, the
Municipality is required to take positions on these
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ADDENDUM TO REPORT NO.: PD-60-93
PAGE 6
4.3
4.3.1
4.3.2
4.3.3
applications prior to the commencement of the hearing in
January. As such, it is staff's intention to forward reports
on each of these applications for Committee's consideration
this fall. This is merely a procedural matter required by the
O.M.B. to consolidate all matters in one hearing. Suffice to
say, Council's decision on this Addendum Report will to a
certain extent, determine its position on these applications.
ApDlications bv Markborouoh ProDerties and West Bowmanville
DeveloDments
On September 24, 1990, Council recommended to the Region that
Official Plan Amendment Application 88-87/D/N (Revised) as
submitted by Markborough Properties and West Bowmanville
Developments be approved through an appropriate amendment to
the Regional Plan and the Town's Plan to permit the
development of a 21,40'0 sq. m. (230,000 sq. ft.) shopping
centre. Amendment No. 40 to the Official Plan of the former
Town of Newcastle, as approved by the Region on February 6,
1991, designated the Markborough/West Bowmanville site, as
well as the Canadian Tire site, as 'Commercial'.
Also on September 24, 1990, Council resolved to approve
Rezoning Application DEV 88-99 (Revised) to permit the
development of the proposed shopping centre, and to approve
the amending by-law subject to Markborough and West
Bowmanville Developments satisfying a number of conditions,
including site plan approval.
It is important to note that Council's and the Region's
approval of the planning applications submitted by
Markborough/West Bowmanville Developments only allows for a
commercial designation on their site. No approval was given
with respect to either the form or the phasing of the proposed
commercial development. As well, Amendment No. 40 is very
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ADDENDUM TO REPORT NO.: PD-60-93
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4.3.4
4.3.5
4.3.5.1
clear in requiring the approval of an Urban Design Plan prior
to the approval of any rezonings within the West Main Central
Area.
The commercial market analysis conducted as part of the
Bowmanville Main Central Area study indicated that a maximum
of 140,000 sq. ft. of new commercial floorspace is supportable
at present, rather than the 230,000 sq. ft. indicated by the
market analysis undertaken for Markborough/West Bowmanville
Developments. The Phase 2 Report indicated that all of the
140,000 sq. ft. should be allocated to the Markborough
proposal to enable a critical mass of space to be developed,
including a department store. Additional floorspace could be
developed on the Markborough/ West Bowmanville site as
identified population thresholds are reached.
However, as Council is aware, representatives from both
Markborough Properties and Zellers have indicated that the
140,000 sq. ft. allocation may not be financially feasible,
and that they would not proceed with their projects should the
development concept for the West Main Central Area as
recommended by the Phase 2 Report, be approved. In light of
this position and in recognition of Council's desire to ensure
some commercial development will proceed immediately, Council
may consider allocating the 140,000 sq. ft. to other land
owners in the West Main Central Area. Several options are
available for consideration, as discussed below.
Option 1: Approve the recommendations in Report PD-60-93 and
specifically allocate the initial maximum of 140,000 sq. ft.
of new commercial floorspace to the Markborough/West
Bowmanville site regardless of Markborough's position. This
option has an inherent risk as stated in Paragraph 4.3.5. If
this option is chosen, Council should approve the
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ADDENDUM TO REPORT NO.: PD-60-93
PAGE 8
recommendations of this Addendum Report, with the following
being inserted for Recommendation No.4:
"4.a) THAT the site owned by Markborough Properties Inc.
and West Bowmanville Developments Ltd. be allocated
the initial maximum commercial floorspace
allocation of 140,000 sq. ft. for the West Main
Central Area as recommended by the 'Phase 2:
Development Options' Report.
4.b) THAT Staff will bring forth a subsequent report for
consideration and approval by Council for the
passing of a zoning by-law amendment, to allow
140,000 sq. ft. subject to a "H (Holding)" symbol
with conditions to be stipulated prior to removal
of the "H".
4.c) THAT, with respect to the balance of the approved
commercial floorspace for the Markborough/West
Bowmanville site of 90,000 sq. ft. (230,000 sq. ft.
- 140,000 sq. ft.), the Municipality will entertain
an application for zoning amendment at such time as
the population for the municipality can support the
additional floorspace and an independent market
impact analysis is undertaken confirming that there
will be no undue negative impact on the existing
Main Central Area, including opportunities for
infill and redevelopment."
4.3.5.2
option 2: Approve the recommendations in Report PD-60-93 with
no allocation of the initial maximum commercial floorspace in
the West Main Central Area prior to Council consideration of
the draft Urban Design Guidelines for the West Main Central
Area. At that time, the issue of allocation of the 140,000
sq. ft. can be determined by Council having the benefits of
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ADDENDUM TO REPORT NO.: PD-60-93
PAGE 9
4.3.5.3
the draft urban design guidelines. In this regard, the
recommendations of this Addendum Report would be approved,
with the following being inserted for Recommendation No.4:
"4. THAT the initial maximum of 140,000 sq. ft. of commercial
floorspace for the West Main Central Area as recommended
by the ' Phase 2 : Development Options' Report not be
allocated until such time as Council has considered the
draft Urban Design Guidelines for the west Main Central
Area."
option 3: Approve the recommendations in Report PD-60-93 and
specifically allocate the initial maximum of 140,000 sq. ft.
of new commercial floorspace to the north side of Highway 2
(Willsonia Industries Ltd.) In this regard, the
recommendations of this Addendum Report would be approved,
with the following being inserted for Recommendation No.4:
"4. a) THAT the initial maximum commercial floorspace
allocation of 140,000 sq. ft. for the West Main
Central Area as recommended by the 'Phase 2:
Development Options' Report, be allocated to the
north side of Highway 2 (Willsonia Industries Ltd.)
subject to following conditions:
i) the submission of a Letter of Undertaking from
Willsonia Industries Ltd., to be received no
later than August 13, 1993, indicating a
willingness to comply with the intent of
Scenario 2 and Amendment No. 40, as well as
agreeing to bear 50% of the Municipality's
cost of legal representation and professional
wi tnesses at the O. M. B. Hearing, up to a
maximum of $100,000.00; and
ii) the delivery to the Municipality of an
unconditional and irrevocable Letter of Credit
in the amount of $100,000.00 prior to August
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ADDENDUM TO REPORT NO.: PD-60-93
PAGE 10
4.b) THAT should Willsonia Industries Ltd. not be able
to meet the conditions set out hereto, the initial
maximum commercial floorspace allocation of 140,000
sq. ft. will be determined by Council subsequent to
the consideration of the draft Urban Design'
Guidelines for the West Main Central Area."
4.c) THAT, should the Ontario Municipal Board approve an
implementing zoning by-law for the Markborough/West
Bowmanville site, that the Ontario Municipal Board
be requested to impose a "H (Holding)" symbol on
the site. The Municipality will entertain an
application for removal of the "H" at such time as
the population of the municipality can support the
additional commercial floorspace and an independent
market impact analysis is undertaken confirming
that there will be no undue negative impact on the
existing Main Central Area, including opportunities
for infill and redevelopment."
Specific conditions of approval for the applications for
Official Plan Amendment, rezoning and site plan approval for
the Willsonia site will be addressed in a subsequent Staff
Report to be forwarded for Committee's and Council's
consideration prior to the O.M.B. hearing, in accordance with
the O.M.B.'s direction.
5. MUNICIPAL PARTICIPATION AT THE ONTARIO MUNICIPAL BOARD HEARING
5.1 Council policy with respect to participation at O.M.B.
hearings, as approved on October 16, 1989, is as follows:
" THAT the applicant/owner of all development applications
shall be required to bear the Town's legal costs for an
Ontario Municipal Board Hearing in situations where his
application is either approved or recommended for
approval by Town Council; and ...11
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ADDENDUM TO REPORT NO.: PD-60-93
PAGE 11
THAT prior to an Ontario Municipal Board Hearing, the
applicant shall provide a Letter of Undertaking to the
Director of Planning and Development agreeing to bear the
Town's legal costs in the ensuing Board Hearing. In the
event the applicant fails to do so, the Director reserves
the right not to participate in any Ontario Municipal
Board Hearing in support of the applicant."
5.2 The above policy was based on standard development
applications for individual parcels of land. However, the
matters currently before the Ontario Municipal Board are
extremely complex and Amendments 40 and 255 and all the other
matters before the O.M.B. extend beyond the Markborough/West
Bowmanville site. The Amendments sets in place the policy
framework governing the urban structure of the entire West
Main Central Area. Adjacent urban lands to the north and
south would also be fundamentally affected by the urban
structure of the West Main Central Area.
5.3 In addition, the site plans for the Markborough/West
Bowmanville site, the Ghods Builders site, and the Willsonia
Industries site have been or will be referred to the O.M.B.
for consideration at the hearing. In this regard, the details
of site development for three of the most prominent parcels in
the West Main Central Area, including such matters as building
form and location, parking, landscaping and access, will be
determined by the O.M.B. Therefore, municipal participation
at the hearing is critical to ensure that the O.M.B.'s
consideration of these matters does not go uncontested, as
well as to allow the Municipality to address specific issues
related to site development.
5.4 Based on the above comments, it is important that the
Municipality participate in the hearing in order to protect
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ADDENDUM TO REPORT NO.: PD-60-93
PAGE 12
its interests with respect to the development of the lands in
the West Main Central Area and the adjacent urban expansion
lands, regardless of whether the recovery of costs is provided
for. Council should note that Option 3 as outlined in
Paragraph 4.3.5.3 would allow for up to 50% recovery of the
Municipality's legal and professional fees. Such a position
would be in keeping with the spirit and intent of Council's
policy of October 16, 1989.
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6.0 CONCLUSIONS
In light of the direction of the O.M.B. and the limited time
available until the next Prehearing on October 18, 1993, it is
imperati ve that Council render a decision on this matter
without delay.
Respectfully submitted,
Recommended for presentation
to the Committee
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Franklin Wu, M.C.I.P.
Director of Planning
and Development
wrence E. K
Chief Admini
Officer
*JAS/DC/FW*jip
15 July 1993
Attachment No.1:
Letter from Markborough Properties Inc. (June 30,
1993)
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Attachment No.1.
June 30, 1993
Markborough
Properties Inc.
Shopping C~ntJy8
Group
1 Dundas St~t West
Suite 2800
lOronto, Onrario
MSG 212
Tel: (416) 591-7660
Fax: (416) 591-9280
Mayor Diane Hamre
and Members of-Council
The Corporation of the Town of Newcastle
40 Temperance Street
Bowmanville, Ontario
L1C 3A6
Dear Mayor and Members of Council:
In response to your resolution of June 28 and June 14, 1993, we are most gratified that
Council has reiterated its support for our proposed shopping centre. Council has made a
very tough decision, but it is one that will bring the people of Newcastle the department
store and shopping centre that they want. With a few exceptions, we agree with
Council's resolution of June 14, 1993, and would appreciate the opportunity to discuss
this with the Town.
West BowmanviIle and Markborough have made substantial contributions and
commitments to the Town. These include:
$75,000 donation by West Bowmanville Developments to Skate;
$300,000 contribution to watermains, subject to final approval of
satisfactory zoning;
$3 million commitment to construct the CPR underpass;
$3 million to provide services to the west side of Bowmanville, including
the new Canadian Tire store, our proposed 230,000 square foot shopping
centre, the arena and other lands;
over $80,000 has been given to the Town by West Bowmanville
Developments to pay for the Main Central Area study.
Both Markborough and West Bowmanville Developments are conunitted to the
communities in which they are involved and believe that they have made a more than
substantial contribution to Newcastle,
1)
2)
3)
4)
5)
Despite these contributions, the opposition to our development by the BIA, and the
significant amount of money the proposed shopping centre will spend in advertising and
promotions, we are willing to explore with the Town and the other area landowners a
further contribution towards the marketing of downtown Bowinanville.
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Council's resolution establishes a good framework for a zoning by-law and agreement.
However, many issues arising out of the resolution need to be dealt with before a
defmitive by-law and agreement can be prepared for the Board Hearing in September.
These issues include: the method of applying the 200,000 square foot Umit; our site plan
and access; and the strategy to be pursued before the Board.
We believe that with the continuation of the frank discussions that have gone on to date,
we can resolve these few remaining issues; andt in that event, we would be prepared to
pay reasonable fees for the Town's solicitor and a consultant to attend the OMB
Hearing,
I look forward to hearing from you.
Yours very tmly,
MARKBOROUGH PROPERTIES INC.
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Per: Don Logie
Vice-President, Development
Shopping Centres Group
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