HomeMy WebLinkAboutPSD-077-09
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Staff Report 112
REPORT
PLANNING SERVICES
Meeting:
COUNCIL
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Date: Monday, July 13, 2009
Report #: PSD-077 -09
File #: SPA 2006-0018
By-law #: ZDO c; - II L
Subject:
ASSUMPTION AGREEMENTS TO PERMIT THE DEVELOPMENT OF
COMMERCIAL LAND
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
1. THAT Report PSD-077-09 be received;
2. THAT Council PASS a By-law (Attachment 5) to AUTHORIZE the Mayor and Municipal
Clerk on behalf of the Municipality of Clarington to EXECUTE an Assumption
Agreement with Bowmanville Investments Inc.; and
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Reviewed bY:O~-.l .t...SL.
Franklin Wu,
Chief Administrative Officer
PW/COS/df
July 7,2009
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-077-09
PAGE 2
1.0 BACKGROUND
1.1 In July, 2006, and February, 2007, Players Business Park Ltd. and West Diamond
Properties Inc. submitted Site Plan applications for the development of the commercial
portion of their properties along the north side of Durham Highway 2 between Green
Road and Boswell Drive. These applications included the development of a Walmart
store as an anchor for the commercial block. For development of these properties, the
owners had previously entered into a Principles of Understanding and
Subdivision/Consent Agreements with the Municipality to address financial,
development and urban design matters.
1.2 Being satisfied that the developer had fulfilled all necessary pre-development
requirements, on May 5, 2008, Council received Planning Report PSD-042-08 and
approved By-law 2008-074 which removed the Holding Symbol from these properties
to permit development to proceed following the conclusion of Site Plan approval.
1.3 Since that time, Players Business Park Ltd. and West Diamond Properties Inc. chose
to sell the commercially designated portions of their properties and retain the
residentially designated portions further to the north for future development.
Bowmanville Investments Inc. (Smart!Centres) and Walmart have now secured these
lands conditional upon the approval from the Durham Regional Land Division
Committee for consent applications to sever the commercial designated block to the
south from the residential designated block to the north.
1.4 Consequently, applications were submitted by Players Business Park Ltd. and West
Diamond Properties Inc. to the Durham Regional Land Division Committee for consent
to sever the commercially designated portions of both of their properties. The
resulting sale of these individual parcels (see Attachment 1 & 2), are to be merged on
title and will form a commercial development block. Clarington has requested that as
a condition of the consent applications that the transferee of the severed lands,
Bowmanville Investments Inc. enter into an Assumption Agreement with the
Municipality as required by the Principles of Understanding.
1.5 Due to the date of the recently submitted Land Division consent applications, and the
finalization of the Municipality's comments for those applications, there was no
opportunity to present this report to the General Purpose and Administration
Committee.
1.6 Bowmanville Investments Inc. has indicated that they would like to submit for a
building permit by August 4th, 2009, begin site servicing on September 1St, 2009, and
begin construction by October 1St, 2009. In an effort to ensure that the Mayor and
Clerk can execute the required Assumption Agreements over the course of the
summer to meet the developer's construction schedule this report is being presented
directly to Council prior to the summer recess period.
REPORT NO.: PSD-077 -09
PAGE 3
1.7 A revised Site Plan submission for the development of a Walmart store, as an anchor
for the commercial block, was received by Staff on Jun 30, 2009 (see Attachment 3).
Staff review of this Site Plan application is ongoing. The proposed Walmart store will
have a gross floor area of 14,247 m2 (153,357 ft2) and will employ approximately 250
people in both full-time and part-time positions. The Walmart store that will be
constructed in the Bowmanville West Town Centre will represent their corporation's
latest store design (see Attachment 4) and incorporate a variety of energy-saving
design features (i.e. white roof, LED lighting, advanced climate controls, etc.).
2.0 ASSUMPTION AGREEMENT
2.1 As is noted above in section 1 of this Report, the new owners of any portion of the
lands to which the PlayerslWest Diamond Principles of Understanding apply are
required to enter into an Assumption Agreement with the Municipality. Under these
Agreements the new owners assume the covenants and obligations of the original
parties to the Principles of Understanding and the Subdivision/Consent Agreement
when they take possession of the PlayerslWest Diamond commercial lands.
3.0 CONCLUSIONS AND RECOMMENDATIONS
3.1 The Assumption Agreement referred to in this Report will permit the transfer of
covenants and obligations, contained within the Principles of Understanding and the
Subdivision/Consent Agreement, from the current owners to the future owners. This
will partially satisfy the requirements of the Regional Land Division Committee for the
creation of a commercial development block and allow for the transfer of ownership to
take place in an expeditious manner.
3.2 It is recommended that Council pass the necessary By-law to authorize the Mayor and
Municipal Clerk to execute an Assumption Agreement on behalf of the Municipality of
Clarington with Bowmanville Investments Inc.
Attachments:
Attachment 1 - Key Map of Players Business Park Ltd. property
Attachment 2 - Key Map of West Diamond Properties Inc. property
Attachment 3 - Revised Site Plan
Attachment 4 - Proposed Fac;ade
Attachment 5 - By-law
List of interested parties to be advised of Council's decision:
Players Business Park Ltd. (c/o Metrus Development Inc. Att: Bruce Ficher)
West Diamond Properties Inc. (c/o Metrus Development Inc. Att: Bruce Ficher)
Smart!Centres (Att: Anne Messore)
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DEVELOPMENT
ONTARIO
ELEVATIONS
PROJ. NO. 09910
COMMERCIAL
BOWMANVlLLE
BUILDING A
JUNE 24, 2009
Attachment 5
To Report PSD-077-09
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2009-
being a By-law to authorize the Mayor and the Municipal Clerk on behalf of the
Municipality of Clarington to execute an Assumption Agreement between the
Municipality and Bowmanville Investments Inc.
WHEREAS Council of the Corporation of the Municipality of Clarington has approved
the recommendations contained in Report PSD-077-09 at its meeting on July 13, 2009;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That the Mayor and the Municipal Clerk are authorized on behalf of the
Municipality of Clarington to execute an Assumption Agreement between the
Municipality and Bowmanville Investments Inc.
BY-LAW read a first time this
13th day of
July
2009
BY-LAW read a second time this
13th day of
July
2009
BY-LAW read a third time and finally passed this
13th day of July
2009
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk