HomeMy WebLinkAboutPSD-040-10REPORT
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PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 29, 2010 Resolution #: ~ I~/~"a6~~lb By-law#: N/A
Report #: PSD-040-10 File #: ZBA 2009-0016
Subject: APPEAL TO THE ONTARIO MUNICIPAL BOARD OF ZONING BY-LAW
AMENDMENT APPLICATION
APPLICANT: BOWMANVILLE INVESTMENTS INC.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report PSD-040-10 be received; and
THAT all interested parties listed in Report PSD-040-10 and any delegation be advised
of Council's decision.
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Submitted by: Reviewed by: v `-"
y Lan ma' , FCSLA, MCIP Franklin Wu,
c ng Director, Planning Services Chief Administrative Officer
PW/COS/df
18 March 2010
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-040-10
1.0 BACKGROUND
PAGE 2
1.1 On November 30, 2009, Bowmanville Investments Inc. (WalMart - SmartCentres)
submitted an application to remove the Holding (H) symbol from all zones on the subject
property and to amend the permitted uses under "Large Format Commercial Exception
Zone (C8-2)" to include a motor vehicle repair garage within a large format retail store
and ayear-round garden centre, which abuts a large format retail store, to a maximum
size of 2,150 sq.m. These changes are necessary to accommodate the operations of a
Canadian Tire store.
1.2 On January 4, 2010, a Public Meeting was held for the requested Zoning By-law
amendments.
1.3 No substantive objections were raised at the Public Meeting. Valiant Rental Properties
Limited inquired whether Bowmanville Investments Inc. would be required to meet the
Urban Design Guidelines for the area to which Staff responded in the affirmative.
Council approved the rezoning request on January 11, 2010, by By-law 2010-002.
1.4 The Municipality received a letter of appeal to By-law 2010-002 on February 1, 2010,
from Valiant Rental Properties Limited.
2.0 DISCUSSION
2.1 The letter of appeal received on February 1, 2010, indicated that, at the time of the
appeal, the appellant was concerned that the proposed development would not be held
to the same design standards previously applied to the development of the Bowmanville
Home Depot.
2.2 A copy of the letter of appeal is contained in Attachment 2.
2.3 The Ontario Municipal Board (OMB) has acknowledged receipt of the appeals. At this
time, a date for an OMB pre-hearing conference has not been scheduled.
2:4 As per Council policy, the applicant will be responsible for the Municipality's legal costs
should the OMB hearing require the involvement of the Municipal Solicitor.
3.0 CONCLUSION
3.1 Staff recommends that Council receive the report for information.
Staff Contact: Paul Wirch
Attachments:
Attachment 1 -Property Location Map
Attachment 2 -Appeal Letter
REPORT NO.: PSD-040-10
Interested parties to be notified of Council and Committee's decision:
Anne Messore, Bowmanville Investments Inc.
Srdjana Jaksic, Canadian Tire Corporation
Michael Bissett, Bousfields Inc.
Maria Gatrios, Gatzios Planning + Development Consultants Inc.
Beth Kelly, Valiant Rental Properties Limited
PAGE 3
Attachment 1
To Report PSD-040-10
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Attachment 2
To Report PSD-040-10
Part 5 Question 2
We are respectfully objecting to the changes made in Zoning ey-Law 2010-002. The previous owners
West Diamond and Players Business Park Ltd. Entered into a Principal of Understanding and Subdivision
Consent Agreements with the Municipality to address financial, development and urban design matters.
At this time we have no way of knowing that these agreements will be adhered to in this new zoning
and site plan as we have been unable to view a site plan.
Specifically we are concerned about the treatment of the proposed Canadian Tire Store. We are
requesting assurances that the facade be treated in the same modern manor as the new Home Depot
on Clarington Boulevard.