HomeMy WebLinkAboutPSD-085-09•
~. ~~ REPORT
PLANNING SERVICES
Meeting: GENERAL PURIPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, September 14, 2009 1~5b(~~i ~n~Gc~w1- ~`~-~~
Report #: PSD-085-09 File #: COPA2005-0010 By-law:
ZBA 2005-0058 & SPA2003-0036
Subject:. ONTARIO MUNICIPAL BOARD DECISION ON OFFICIAL PLAN
AMENDMENT, ZONING BY-LAW AMENDMENT AND SITE PLAN
APPLICATIONS
APPELANT: BpWMANVILLE CREEK DEVELOPMENTS INC.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the follpwing:
THAT Report PSD-08509 be received for information.
Submitted by:
Da id J Crome, MCIP, RPP
Director of Planning Services
DJ/COS/df
September 2, 2009
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Reviewed by: ~ ~"~----. K-/V~
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STR ET, BOWMANVILLE, ONTARIO LiC 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-085-09
1.0 BACKGROUND
PAGE 2
1.1 On December 8, 2008 the Council through Resolution #GPA-669-08 approved Official
Plan Amendment No. 54 to the Clarington Official Plan and an amendment to the
Municipality of Clarington Zoning By-law 84-63, in order to:
• provide a wider range of commercial uses and size formats;
• allow the easterly expansion of the highway commercial designation; and
• permit a private amenity space;
on the lands owned by Bowmanville Creek Developments Inc., subject to certain
conditions.
1.2 On January 9 and 13, 2009 the Municipality received letters of appeal to the Ontario
Municipal Board from McMillan LLP, on behalf of Bowmanville Creek Developments
Inc., on the Official Plan Amendment and the associated Zoning By-law Amendment
respectively.
1.3 On June 10, 2009 McMillan LLP, on behalf of Bowmanville Creek Developments Inc.
also submitted a letter of appeal to the Ontario Municipal Board (OMB) on the
associated site plan approval application, on the same basis.
The Official Plan and the Zoning By-law Amendment appeals and the Site Plan appeal
were consolidated and set to be heard together at an OMB Hearing from August 10-14,
2009.
1.4 On June 15, 2009, following a confidential verbal report from the Municipal Solicitor
regarding .the appeals, Council passed a by-law authorizing the Mayor and Municipal
Clerk to negotiate and execute Minutes of Settlement with Bowmanville Creek
Developments Inc., provided that the Minutes of Settlement contained terms satisfactory
to the Director of Planning Services and the Solicitor.
2.0 DISCUSSION
2.1 Following numerous "without prejudice" discussions and correspondence between
Planning staff, the municipal solicitor, and the appellant during June and July this year,
the parties have reached a settlement on the proposed Official Plan and Zoning By-law
Amendments, which is summarized in the following paragraphs:
• The condition that the hotel must be constructed within 6 years following the date
on which the Zoning By-law comes into force, was amended to extend it to 10
years and a further condition has been added that if the hotel is not constructed
within the time frame, the Council may amend the Zoning By-law by deleting the
private open space amenity area zone designation.
REPORT NO.: PSD-085-09
PAGE 3
• The prerequisite that the proposed private amenity space area be used in
conjunction with the hotel use has been expanded to include other land uses, which
in the discretion of Council, are appropriate for use in conjunction with the private
amenity space area.
• The hotel and assembly hall are permitted in any location on the site, not simply
confined to the lands adjacent to the creek valley.
• The following uses in the proposed Zoning By-law, which are permitted in the
current C-5 Zone on the property, have been re-instated as permitted uses within
the C5-14 zone: "building supply outlet" and "motor vehicle sales establishment,
provided the primary use is restricted to new car sales".
• The limitations on office space on the ground floor of buildings has been amended
to allow office space on the ground floor to a maximum cumulative floor space of
500mz.
• The limitations on the amount of smaller retail stores and store sizes within the C5-
14 zone designation has been amended to allow a maximum of 3 individual stores
with a total floor area less than 250m2 but greater than 100m2, provided they each
face onto Baseline Road.
• A paragraph has been added to both the C5-14 and EP-16 zoning regulations that
provides an explanation of the purpose of the Holding Symbol (on the portion of the
application site situated east of the Spry Avenue Extension) and the conditions
under which it can be removed.
2.2 Minor revisions to the proposed site plan were submitted during the "without prejudice"
discussions. The settlement included conditions of Site Plan approval. The parties
agreed to the approval of a master site plan and associated drawings showing the
location of the buildings, landscaping, parking areas and underground services. It has
not significantly changed from the site plan previously included with their OPA and
Zoning submissions, and it includes the location of the proposed hotel.
Once the developers have secured tenants with definitive proposals, amending site plan
applications will be submitted for each phase showing any minor changes to the
building siting, proposed building elevations, architectural treatment and building
materials. This is similar to the approach for Halloway Holdings lands in the
Bowmanville West Town Centre, where build-out would occur over a number of years.
2.3 The Municipality and Bowmanville Creek Developments Inc. executed Minutes of
Settlement on August 10, 2009. The Minutes include schedules setting out the agreed
to Official Plan Amendment, Zoning By-law Amendment, and site plan drawings and
conditions of site plan approval.
2.4 The Minutes of Settlement also contain an Option Agreement between the Municipality
and Bowmanville Creek Developments Inc. to the effect that Council can exercise the
option to purchase the private open space amenity area and remove the zoning that
REPORT NO.: PSD-085-09
PAGE 4
permits the private amenity area use, if a building permit for the construction of a hotel
or such other approved land use. is not issued within 10 years following the approval of
the Zoning By-law amendment by the O.M.B.
3.0 ONTARIO MUNICIPAL BOARD
3.1 The executed Minutes of Settlement were presented to the OMB on August 10, 2009.
The Board approved the Official Plan Amendment, the Zoning By-law Amendment, the
site plan drawings with the associated conditions of site plan approval, and the Option
Agreement, contained in the Minutes of Settlement.
3.2 The Board set September 30, 2009 as the deadline for the execution of the Site Plan
Agreement by both parties.
3.3 A copy of the OMB decision is contained in Attachment 1.
Attachments:
Attachment 1 -Copy of OMB decision dated August 10, 2009
Attachment 2 - (Master) Site Plan approved by the OMB
Attachment 3 -Final Zoning Map
A'
ISSU E:
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Aug. 13, 2009
Attachment 1
~dgAUGlq~n I,q~ To Report PSD-085-09
PL090085
Ontario Municipal Board
Commission des affaires municipales de ('Ontario
Bowmanville Creek Developments Inc. has appealed to the Ontario Municipal Board under
subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal
or neglect to enact a proposed site-specific amendment to the Official Plan for the Municipality
of Clarington to redefine the limits of the "Highway Commercial" and "environmental Protection"
destinations to provide for exceptions permitting a greater variety of retail uses, one financial
institution and a private open space amenity area on Part of Lots 12 and 13, BF Conc., being
lands located east of Waverly Road, south of Baseline Road, west of Spry Avenue
COPA 2005-010
OMB File No: PL090085
Bowmanville Creek Developments Inc. has appealed to the Ontario Municipal Board under
subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's
neglect to enact a proposed amendment to Zoning By-law 8463 of the Municipality of
Clarington to permit amendments and exceptions to the "Special Purpose Commercial (C5)",
"Special Purpose Commercial Hold ([H] C5)", "Environmental Protection (EP)" and
"Environmental Protection Exception (EP-2)° zones to accommodate a greater variety of retail
uses, one financial institution and a private open space amenity area on Part of Lots 12 and 13,
BF Conc., being lands located east of Waverly Road, south of Baseline Road, west of Spry
Avenue Z,ai4 2~ s -c~sg
OMB File No: PL090062
Bowmanville Creek Developments Inc. has appealed to the Ontario Municipal Board under
subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended, for determination and
settlement of details of a site plan for lands composed of Part of Lots 12 and 13, BF Conc., in
the Municipality of Clarington
-SPA 2003-036 DIl~TF'~1
OMB File No: PL090487 ~~~~
APPEARANCES:
Pa-
Bowmanville Creek Developments Inc.
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MEMORANDUM OF ORAL DECISION DELIVERED BY R. --CHIC
AUGUST 10.2009 AND ORDER OF THE BOARD ~ b I I a
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- 2 - PL090085
Bowmanville Creek Developments Inc. (the Applicant) seeks to amend
Municipality of Clarington Zoning By-law 84-63 in order to permit a greater variety of
retail uses and size formats, one financial institution, redefined limits to the
environmental protection areas and a private open space amenity area.
The Applicant also seeks to amend the Municipality of Clarington Official Plan so
as to include an exception to the Highway Commercial policies in order to permit
additional uses within a proposed commercial development.. The additional uses will
consist of general retail uses, which have a minimum gross floor area of 929 square
metres and one financial institution in the form of a credit union.
The Parties have advised the Board that they- have, reached a settlement in the
case at hand. Planner Paul Stagl provided his expert land use planning evidence in
support of the amendments. The Applicant's property is a 7.3-hectare sized parcel of
land already commercially designated and zoned and it surrounds an existing.
commercial parcel (the "Rona" site). Together, this commercial property comprises
approximately 10 hectares in total.
Mr. Stagl gave evidence that the proposed Option Agreement provides the
Municipality of Clarington with the right to acquire some of the green land zoned "EP"
for passive use should the land fail to be developed within ten years. The Municipality
~~~"~'~~ o similar use be located on the lands zoned (H) C5-14. Mr. Stagl
also review~(~ the (; nditions for Site Plan Approval contained in Schedule 5 of the
Minutes of S~lii~~6 (Exhibit 2) and attached as Attachment "1" to the Order.
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~0'`„'~"~tlas'~IP.''~ta 's professional planning opinion that the proposed additional uses
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;,fig ag,~p,[iate~;q~, tit site and the proposed Official Plan Amendment and Zoning By-
law H~idment are onsistent with the 2005 Provincial Policy Statement; there are nc
~''~ ~t~sue~'~~"iPi~' res~~ the Places to Grow Act; and the proposed implementing
?.w.~Yllfiio0 ;A+! ~: L. ~N4N33YM~~iF3 ~• .
ms`frur~ue'n'~s ra~a~ny issues of conformity. The proposed instruments also conform to
"~~"~li~ [1{r~ifi ~ Official Plan and the Municipality of Clarington Official Plan. In
d modifications, they reflect an appropriate range of uses for the
~ry and are sensitive to the existing Rona site and work as a
unified and comprehensive site.
~~
_ 3 _ PL090085
Mr. Stagl opined that the proposed site-specific implementing By-law provides
clarity in respect of the permitted uses and performance standards. The proposed site
plan details are presented in.a layout that is consistent with the approved policies of the
Official Plan and present good site organization. He added that in his opinion, the
proposed conditions are both reasonable and appropriate and collectively, the
instruments and site plan represent good planning and should be' approved.
The Municipality's Planner, Mr. Jacobs, adopted the professional planning
evidence and opinion of Mr. Stagl and also supported the proposed amendments and
site plan.
Having considered the uncontradicted evidence of the Applicant's planner and as
supported by the Municipality's planner, the Board allows the appeals and amends the
Municipality of Clarington Official Plan with Official Plan Amendment No. 54 and
amends Municipality of Clarington Zoning By-law No. 84-63 with Zoning By-law
Amendment No. 2009-16.
In respect of the site plan appeal, the Board allows the appeal and approves, in -
principle, the site plan as referenced in the drawings contained in Exhibit 7 and in the
site plan agreement as presented and pursuant to Schedules 4 and 5 of the Minutes of
Settlement (attached). The Board will issue its final Order on the site plan appeal once
the Municipality and the Applicant advise the Board in writing that the site plan
agreement has been duly executed. The Parties have until 30 September 2009 to
execute the site plan agreement.
So orders the Board.
"R. Rossi"
R. ROSSI
MEMBER
ATTACHMENT "1"
Schedule 4
Site Plan
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Site Plan
SP-1
July, 2009
August 5, ~
D.G. Biddle 8 Associates Limited
Part 1 8 2
Landscape Plan
L1 of 3
July S, 2009
August 5,
Strybos Barron King Landscape
2004 2009 Architect
ure
Channel Landscape Plan, L2 of 3 August 25, July 28, 201)9 Strybos Barron King Landscape
Sections 8 Construction 2005 Architecture
Details
Construction Details
L3 of 3
August 25,
July 29, 20A9
Strybos Barron King Landscape
2005 Architecture
Site Plan Lighting Layout E-01 August July 27, 2008 Leipciger Kaminker Mitelman
2005 & Partners Inc.
Site Plan Lighting E-04 August July 27, 2006 Leipciger Kaminker Mitelman
Calculations-- -- --- - - 2005 8 Partners Inc.
Site Grading Plan SG-1 July 2009 August 5, D.G. Biddle & Associates Limited
Part 1
Site Grading Plan
SG2
July 2009 2009
August 5,
D.G. Biddle & Associates Limited
Part 2
Site Servicing Plan ~
SS-1
July 2009 2009
~O 9st 5,
D.G. Biddle 8 Associates Limited
Part 1
Site Servicing Plan
SS-2
July 2009
August 5,
D.G. Biddle ~ Associates Limited
Part 2
Storm Sewer Drainage
SD-1
July 2009 2009
August 5,
D.G. Biddle & Associates Limited
Scheme
Sediment and Erosion
ES-1
July 2009 2009
ust 5,
2
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D.G. Biddle 8 Associates Limited
Control Plan Part 1
Sediment and Erosion
ES-2
July 2009 0
0
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~ 9st 5,
D.G. Biddle 8 Associates Limited
Control Plan Part 2
Pavement Marking and
P-1
July 2009
2 09st 5,
D.G. Biddle 8f Associates Limited
Si na a Plan Part 1
Pavement Marking and
P-2
July 2009
2 09st 5,
D.G. Biddle & Associates Limited
Slcnage Plan Part 2
28
Schedule
Conditions of Site Plan Aran ra
CONDITIONS OF APPROVAL
The following are the conditions of approval of the Site Plan, F'tans and Dravrings:
~ . The Owner shall enter into a development agreement. with fhe Municipality of Clarington
dealing with and ensuring the provision and of all the faalities, works and matters which
either are shown on the approved Site Plan, Plans and Drawings or are referred to in these
conditions, including the maintenance of them, as provided in Subsection 41(7xb) of the
Planning Act. The agreement shall contain standa~'d/reasonable provisions by which
performance guarantees to the satisfact(on of the Muni~:ipality of Clarington will be provided
by the Owner.
2.' Before any development takes place, applications will be made to amend the overall site
plan for the subsequent approval of drawings foreach twilding, as stipulated in Section 41 of
the Planning Act, R.S.0.1990, c.P.13 as amended, arni the owner also agrees to enter into
amending site plan agreements as required with the Mtmicipality of Clarington for any and all
buildings to be constructed on site.
3, Garbage must be stored iniemally for all builidngs Niue to their visibility from adjacent
roadways. A separate garbage building will be permited only for building D provided that it is
architecturally designed to match the main building end for any other building that the
Municipality of Clarington deems apropriate.
4, The Owner shall transfer to the Municipality of Clarington for a nominal consideration free
and dear of encumbrances and restrictions, Part 28 on Reference Plan AOR-24250 for
entrance feature purposes, as shown on the Landscape Plan (Drawing L1 of 3).
5, The Owner shall obtain an access permit from the Regional Municipality of Dufiam for
property. access from Waverly Road for the developm ant of the site in accordance with the
Site Plan (Drawing SP-1 ).
8. All works and services, except Regional Municipality o~~ Durham works and services, shall be
designed end constructed in accordance with the Mur icipality of Clarington Design Criteria
and Standard Drawings.
~, Th® Owner shall submit six (fi) copies of the data ted Servidng/Grading Plans to the
Regional Municipality of Dufiam for approval.
8. The Owner shall make application and obtain permission for connection to Regional
Municipality of Dufiam services and deposit monies n:quired for the installation of Regional
services to the site's property line.
g, The Owner shall obtain written permission from the Central Lake Ontario Conservation
Authority (`CLOG") under Ontario Regulation 42106, the Authority's Fili Construction and
Alteration to Waterways Regulation, prior to comrner.cing any filling or grading on site.
•. (`
29
10. The portion of the lands located east of the Spry Avenue extension shall not be developed
until such time as the Director of Planning Services has •eceived written notification that the
lands have been filled to an acceptable elevation to the Central Lake Ontario Conservation
Authority and In accordance with the requirements of ihn Centres Lake Ontario Conservation
Authority Permit No. C08-039 dated April 7, 2008.
11. The Owner shall obtain CLOC's approval of the Sediment and Erosion Control Plan
(Draw(ngs ES-1 and ES•2) for the site to implement the stormwater management me~asur+es
as described in the report titled "Bowmanville Creek Developments, Bowmanville
Commertial Plaza, Baseline Road, Municipality of Clarii~gton, Stormwater Management and
Site Servicing Report" as prepared by D.G. Biddle 8 Associates Limited, dated July 2004
and revised August 2005, as approved by CLOC, Ministry of Transportation, and Municipality
of Clarington's Director of Engineering Services.
12. The Owner agrees to install a 1.5 meter chain link fer ce on the easterly boundary of the
Private Open Space Amenity Area zoned "(H) EP16' in the Zoning By-law 84-63 of the
Former Town of Newcastle.
13. The Owner agrees to implement all development :jnd operational recommendations
contained a report titled "Environmental Impact Study" prepared by Aquafor Beech, dated
December .2005 as finally_ approved. by. the_ Municipa aty of Clarington and_ Central Lake
Ontario Conservation.
14. The Owner agrees to install the approved full cut-off li~~hting as indicated on the Site Plan
Lighting Layout {Drawing E-01) dated August 2005 rmd Site Pian Lighting Calculations
(Drawing E-04}dated August 2005 as prepared by Leip:iger Kaminker Mitelman & Partners
Inc. and revised on July 27, 2008 and Juty 27, 2006 respectively. Once all of the new site
lighting has been installed on the subject lands, the Owner agrees to obtain a letter from the
project's lighting engineer certifying that the lighting has been Installed in accordance with the
Site Plan Lighting Layout (Drawing E-01) dated August 2005 and Site Plan Lighting
Calculations (Drawing E-04) dated August 2005 as prepared by Leipciger Kaminker Mitelman
8 Partners Inc. and revised on July 27, 2008 and July :?7, 2006 respectively.
15. The Owner shall provide the necessary 2% parkland dedication as a cash payment to the
Municipality of Clarington in lieu of paridand dedication pursuant to Clarington Municipal By-
law no. 95-104. The market value of the lands far Pait 28 on Reference Plan 40R-24250,
shall be deducted from the Owner's cash in lieu payrr ent requirement.
16. Prior to commenting any work on site, the Owner shall provide the Muniapality of Clarington
with a $10,000.00 road damage deposit for works as<~oclated with Baseline Road.
17. The Owner shall delivar n pworks associated with thetstorm Water channel aond with are s
Services for all landsc p g
.not associated with buildings. Additionally, the Owner shall delivers performance guarantee
to the Municipalityfor landscaping works associated w th each building approved by site plan
amendment as referred to in condition 2. Final cos': estimates must be provided by the
Owner to the Director of Planning Services for his approval.
18. The Owner agrees to install and maintain oif grit seF~arators to the satisfaction of Central
30
Lake Ontario Conservation and the Director of Engineering Services.
19. The Owner agrees to obtain all necessary sign permits from the Municipality of Clarington
and the Ministry of Transportation.
20. The Owneragrees b pay to the Municipality of Clarington the reasonable fees incurred after
August 10, 2009 for the preparation and registration of the site plan agreement.
21. The Owner shall not release or abandon any of Its rights under the easement transferred to
the Owner by Shell Canada Limited by Instrument No. DR730124 registered in the Land
Registry Office for the Land Titles Division of Durham (No. 40) on July 17, 2008. The Owner
shall construct, reconstruct and maintain an access roi~d open to the public from Waverly
Road as shown on the Site Plan (Drawing SP-1) dated July, 2009 as prepared by D.O.
Biddle 8 Associates and revised on August 5, 2009.
Attachment 2
To Report PSD-085-09
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Attachment 3
To Report PSD-085-09