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Home My WebLink AboutPD-131-99 ~ .tL . ON: P131-99 , '. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File#~iJ17 Res. tJ(#ff -5 '11-!17 Date: Monday, November 15, 1999 By-law # Report #: PD-13 1-99 FILE #: ZBA 99-017 Subject: REZONING APPLICATION APPLICANT: CLARINGTON PLACE LIMITED PART LOT 16, CONCESSION 1, FORMER TWP. OF DARLINGTON (CLARINGTON BOULEVARD) FILE NO.: ZBA 99-017 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-13 1-99 be received; 2. THAT the rezoning application submitted by Martindale Planning Services on behalf of Clarington Place Limited for the subject lands be APPROVED and that the amending By- law attached hereto be forwarded to Council for approval; 3. THAT a copy of this report and the amending By-law be forwarded to the Region Durham Planning Department; and, 4. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Clarington Place Limited 1.2 Agent: Martindale Planning Services .. 1.3 Rezoning: To modify Section 16.5.15 c) xiv) in the "General Commercial Exception (Cl-15) Zone" by deleting references to "clothing store, jewellery store, shoe store, fashion accessory store, yarn and fabric store, hardware store, furniture store, and home furniture store". 1.4 Site Area: 1.0 hectare (2.5 acres) 660 L H ~ '- ,~ REPORT NO.: PD-131-99 PAGE 2 2. LOCATION 2.1 The subject lands are located at northwest comer of Highway 2 and C1arington Boulevard. The applicant's land holdings totals 1.0 hectare (2.5 ac). The property in legal terms is known as Part Lot 16, Concession 1 in the former Township of Darlington. 3. BACKGROUND 3.1 Section 5.2.1 a) (ii) of the Bowmanville West Main Central Area Secondary Plan's commercial policies currently does not pennit clothing, shoe, jewellery fashion accessory, yarn and fabric, hardware, furniture, and home furnishing stores on the Willsonia Industries lands. This policy was approved by the Ontario Municipal Board in 1994 on the basis of retail market evidence submitted by the owner's retail consultant. The report indicated that sufficient market would be available by 1998 to support these uses on the Clarington Place Limited lands. As the timeframe has elapsed, deleting this policy would allow the owner to attract an increased array of retail commercial uses. 3.2 The Municipality initiated an official plan amendment (COPA 99-001) that, among other things, deleted Section 5.2.1 a) (ii). Council approved Amendment #15 to the Clarington Official Plan on May 31, 1999. On October 4, 1999, the Durham Region Planning Department approved the amendment, a decision that is now final and binding. This pennits the amendment of the zoning on this property to implement this policy change. 4. EXISTING AND SURROUNDING USES 4.1 The property is currently being used as a parking lot for the theatre and restaurants. 4.2 Surrounding Uses: East: Theatre and restaurants North: Vacant land West: Residential and vacant lands South: Commercial 661 ~ REPORT NO.: PD-131-99 PAGE 3 5. OFFICIAL PLAN POLICIES 5.1 The lands are designated "Main Central Area" within the Durham Region Official Plan. Retail commercial uses are permitted within this designation. The application conforms to the policies. 5.2 Within the Bowmanville West Main Central Area Secondary Plan, the subject lands are designated "Retail Commercial". With the approval of Official Plan Amendment #15, the proposal conforms to the policies. 6. ZONING BY-LAW CONFORMITY 6.1 The subject lands are currently zoned "General Commercial Exception (CI-15) Zone", which limits the range of commercial uses on the property. In order to increase the range of retail commercial uses permitted on the property, a rezoning application was submitted for consideration. 7. PUBLIC NOTICE AND SUBMISSION 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and two public meeting notice signs were installed on the lands. 7.2 As of the writing of this report, a telephone inquiry was received from the BIA but no comments or written submissions have been received. 8. AGENCY COMMENTS 8.1 The Clarington Public Works Department has no objections to the proposal. 8.2 No comments have been received from the Durham Region Planning and Durham Region Public Works Departments. 662 . <" REPORT NO.: PD-131-99 PAGE 4 9. CONCLUSIONS 9.1 Based on the comments contained in this report, it is respectfully recommended that the by-law provided in Attachment #2 to delete specific retail use restrictions from the "General Commercial Exception (Cl-15) Zone" be APPROVED. Recommended for presentation OC;~ ~ Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer Da Id . rome, M.C.I.P., R.P.P. Director of Planning and Development RH*DC*jip Attachment #1 - Key Map Attachment #2 - Amending By-law Interested parties to be notified of Council and Committee's decision: Mr. Gleun Willson Clarington Place Limited 140 Bond Street P.O. Box 488 Oshawa, Ontario LlH 7L8 Mr. Robert Martindale Martindale Planning Services 23 Elizabeth Street Ajax, Ontario LIT 2X1 663 , ATTACHMENT '1 _ SUBJECT SITE LOT 16 LOT 15 " N Cl Z Cl ~ 0 <( (f) 0 0::: (f) ....J W Z <( t) W 0 Z W 0::: 0 " W t) UBQWNI AVE. . Cl .- ~ Z m 0 (f) z (f) ~ W t) Z , Z --- 0::: 0 ::s t) () ! BOWMANVILLE KEY MAP ZBA. 99-017 664 , ATTACHMENT 112 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 99- being a by-law to amend By-law 84-63, the Comprehensive By-Law for the former Town of Newcastle. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement application ZBA 99-017 to permit an increased array of retail conunercial uses on the property. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality ofClarington enacts as follows: 1. Section 16.5.15 c) xiv) is deleted and replaced with the following: "xiv) retail/commercial establishment provided that no general merchandise store, clothing retail warehouse, drug retail warehouse, and food retail warehouse may be constructed or used;" 2. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act By-law read a ftrst time this day of 1999. By-law read a second time this day of 1999. By-law read a third time and finally passed this day of 1999. MAYOR CLERK 665