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HomeMy WebLinkAboutPD-63-99 .. ON: PO-63-99 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File # DJLf Zf3f1 Cfl-O /7 Res. tr:;fl1 - ~- ?1 Date: Monday, June 21, 1999 Report #: PD-63-99 File #: ZBA 99-017 By-law # Subject: REZONING APPLICATION - APPLICANT: CLARINGTON PLACE LTD. PART LOT 16, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON 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-63-99 be received; 2. THAT the rezoning application submitted by Martindale Planning Services on behalf of Clarington Place Limited be referred back to Staff for further processing and preparation of a subsequent report pending receipt of all outstanding comments, taking into consideration all of the comments reviewed; and 3. THAT all interested parties listed in this report and anydelegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Appl icant: 1.2 Agent: 1.3 Rezoning: C1arington Place Limited Martindale Planning Services To modify Section 16.5.15 c) xiv) in the "General Commercial Exception (Cl-15) Zone" by deleting references to "clothing store, jewelry 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) 617 REPORT PD-63-99 PAGE 2 2. 2.1 3. 3.1 3.2 3.3 4. 4.1 LOCATION The subject lands are located at the northwest corner of Highway 2 and Clarington Boulevard in the Bowmanville West Main Central Area. The applicant's land holdings total 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. BACKGROUND Section 5.2.1 a) (ii) of the Bowmanville West Main Central Area Secondary Plan's commercial policies currently does not permit clothing, shoe, jewelry fashion accessory, yard and fabric, hardware, furniture, and home furnishing stores on the Clarington Place Ltd. lands. This policy was the result of the decision of the Ontario Municipal Board in 1994 based on the 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 C1arington Place lands. As the timeframe has elapsed, the applicant is requesting that this policy be deleted to allow Clarington Place to attract an increased array of uses. The Municipality initiated an official plan amendment (COPA 99-001) that among other things, deleted a similar restriction in the Clarington Official Plan in Section 5.2.1 a) (ii). Council approved Amendment #15 to the Clarington Official Plan on May 31, 1999. Once the Durham Region Planning Department approves the amendment, zoning on the property may be amended to implement this change. On April 13, 1999, Martindale Planning Services, on behalf of Clarington Place Limited, submitted a rezoning application to the Municipality of Clarington. The applicant proposes to increase the range of retail uses on the property. EXISTING AND SURROUNDING USES Existing Uses: Vacant lands 618 REPORT PD-63-99 PAGE 3 4.2 Surrounding Uses: East: Theatre and restaurants North: Vacant land West: Residential and vacant land South: Commercial 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". Once the Official Plan Amendment # 15 is approved, the proposal will conform with the policies. 6. ZONING BY-LAW CONFORMITY 6.1 The subject lands are currently zoned "General Commercial Exception (Cl-15) Zone", which limits the range of commercial uses on the property. In order to increase the range of 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, no telephone inquiries or written submissions have been received. 8. AGENCY COMMENTS 8.1 The Clarington Public Works Department has no objections to the proposal. 619 '- . REPORT PD-63-99 PAGE 4 8.2 No comments have been received from the Durham Region Planning and Durham Region Public Works Departments. 9. CONCLUSIONS 9.1 As the purpose of this report is to satisfy the requirements for the Public Meeting under the Planning Act, and taking into consideration all of the comments received, it is respectfully requested that this report be referred back to Staff for further processing and the preparation of a subsequent report. Respectfully submitted, Reviewed by, D~.I.P"R.P.P. Director of Planning & Development d t-- ~ -~--0- Franklin Wu, M.C.I.P., R.P.P., Chief Administrative Officer RH*DJC*cc June 8, 1999 Attachment No.1 Key Map Interested parties to be notified of Council and Committee's decision: Mr. Glenn Willson Clarington Place Limited 140 Bond Street P.O. Box 488 Oshawa, On L 1 H 7L8 Mr. Robert Martindale Martindale Planning Services 23 Elizabeth Street Ajax, On L 1T 2X1 b i~ J ATTACHMENT #1 . _ SUBJECT SITE LOT 16 LOT 15 I l~, l"- N Cl Z Cl ~ 0 <( en 0 en 0::: -.J W Z <( U w 0 Z w 0 0::: e> w U 0::: . Cl ~ aJ ..- z o l- e> Z 0::: :5 () I I -----~ ]~ ~ d'v ~~ " ~,~ v~~ z o en en w u z o u ---, BOWMANVILLE KEY MAP ZBA. 99-017 ~I OLl