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HomeMy WebLinkAboutPD-60-93 Addendum j' . ~ .4..' :r' ~ IF-... '.., 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 THAT Resolution # C-442-93 as approved by Council on June 14, 1993 regarding staff Report PD-60-93, be rescinded; 3.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, . . .2 RECYCLED I.:t'\ PAPIEA PAPER 't:!:1 RECYCLE THIS IS PRINTED ON RECYClED PAPER ~ ' , . ADDENDUM TO REPORT NO.: PD-60-93 PAGE 2 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 . . . . . . . . . 2.3 The the O.M.B. heard from all parties regarding the background to hearing, their interest in the matters under . . .3 l' , ... 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; . . .4 . -' , , . ADDENDUM TO REPORT NO.: PD-60-93 PAGE 4 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, . . .5 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 . . .6 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 . . .7 . , . ADDENDUM TO REPORT NO.: PD-60-93 PAGE 7 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 . . .8 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 . . .9 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 30, 1993. .. .10 , .. 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 . ' .. " 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 ...12 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. ... 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 cJr ~:..- A>S) "" 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) . . -- . .:", = ,.Mar~borough 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. ..,/2 . :':a ,.Mar~borough 2 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. {) / 4/ .... Per: Don Logie Vice-President, Development Shopping Centres Group DWL:jkc