HomeMy WebLinkAboutPD-57-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: MARKBORO.GPA
REPORT
Meetin g: General Purpose and Administration Committee File # � � c ,
Date: Monday, April 21, 1997 Res. #-"�� 3
Report #: PD -57 -97 File #: DEV 97 -013 By -law #
Subject: REZONING APPLICATION - MARKBOROUGH PROPERTIES INC '
PART LOT 16, CONCESSION •- • - OF DARLINGTON
FILE: DEV 97-013
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD -57 -97 be received;
2. THAT the zoning amendment application submitted by Markborough Properties
on behalf of 829426 Ontario Inc. and 838038 Ontario Inc. be APPROVED subject
to the conditions in Section 6.1; and
3. THAT at such time that 829426 Ontario Inc. and 838038 Ontario Inc. confirm that
the future retail pads will be retained as landscaped areas and that Zellers Inc.
and Loblaws Properties Inc. indicate that they will not object to future retail uses
on these lands, the attached amendment to By -law 84 -63 be forwarded to Council
for APPROVAL; and
4. THAT any delegation and the interested parties listed in this report be forwarded
of copy of this report and a copy of Committee and Council's decision.
APPLICATION DETAILS
1.1 Applicant: Markborough Properties
1.2 Owners: 829426 Ontario Inc. & 838038 Ontario Inc.
1403
REPORT NO. PD -57 -97 PAGE 2
1.3 Zoning: Proposing to amend the Zoning By -law in order to:
i) extend the street related retail area (C1 -14 Area "B ") zoning
40 metres southerly. The floorspace allocations associated
with the plaza retail area (185,000 sq. ft.) and the street
related retail area (15,000 sq. ft.) will remain unchanged;
ii) delete the setback requirements from Clarington Boulevard;
and
iii) add a convenience store having less than 465 m2 of
floorspace as a permitted use.
1.4 Area: 9 hectares (22.24 acres)
2. LOCATION
2.1 The subject lands are located on the west side of Clarington Boulevard south of
Highway 2 being Part of Lot 16, Concession 1, in the former Township of
Darlington (see Attachment # 1).
3. BACKGROUND
3.1 The subject lands are located in the Bowmanville West Main Central Area and
have been the subject of an Ontario Municipal Board hearing. Official Plan
Amendment No. 56 to the Official Plan of the former Town of Newcastle and the
implementing zoning by -law were approved by the Ontario Municipal Board. The
policies of Amendment No. 56 were subsequently incorporated into the
Bowmanville West Main Central Area Secondary Plan as contained in the
Clarington Official Plan.
3.2 The applicant is now proposing to amend the zoning by -law as detailed in Section
1.3 of this report.
1404
REPORT NO. PD -57 -97 PAGE 3
3.3 In addition, the applicant has submitted drawings and indicated its intent to revise
the existing approved site plan. The revisions proposed by the applicant include:
revisions to the building elevations including a reduction of the width of the
pedestrian canopy
slight adjustments to the dimensions of the supermarket
revisions to the retail pad with the drive -thru to accommodate the proposed
tenant
the removal of the landscaped area associated with the future retail uses
on Clarington Boulevard and their replacement with a vehicular parking
area.
4. PUBLIC NOTICE AND SUBMISSIONS
4.1 Notice of the public meeting was mailed out in accordance with the provisions of
the Planning Act and a public notice sign was erected on both the Green Road
and Highway 2 frontages in accordance with Council policy.
4.3 The Public Meeting was held on April 7, 1997 at which time the Committee was
addressed by an agent for 829426 Ontario Inc. Although, the Public Meeting was
not attended by any other member of the public, staff did receive one (1)
telephone inquiry. The area resident requested more detailed information with
respect to the proposed amendment in order to determine any impacts upon the
development potential of his holdings.
5. AGENCY COMMENTS
5.1 Since the zoning by -law amendment application contemplates an amendment to
the text of By -law 84 -63 and not the designation contained within the By -law, a
limited circulation of the proposal was undertaken.
1405
REPORT NO. PD -57 -97 PAGE 4
5.2 The proposal was circulated to the following agencies:
Durham Regional Planning Department
Durham Regional Works Department
Municipality of Clarington Public Works Department
Municipality of Clarington Fire Department
None of the aforementioned agencies have provided objectionable comments with
respect to the proposal. The Durham Regional Planning Department indicated
verbally that they have no objection to the proposal and that they would further
examine any implementing by -law passed by Council.
6. STAFF COMMENTS
6.1 Extension of Area "B"
The zoning for the Markborough lands currently contains two separate zone
categories as follows:
Area A: The lands zoned C1 -14 Area "A" applies to the "plaza portion" of the
lands. A maximum of 185,000 square feet of retail floorspace is
permitted.
Area B: The lands zoned C1 -14 Area "B" applies to the street - related retail
area along the west side of Clarington Boulevard. In order to
reinforce the street - related retail concept of the Secondary Plan,
15,000 square feet of the approved retail floorspace is allocated to
Area "B" and various regulatory provisions are included to promote
street -front buildings and a pedestrian - friendly design.
Markborough's approved site plan indicates a 10,000 square foot retail pad and
a 5,000 square foot retail pad within Area "B" as shown on Attachment #2A.
However, this site plan and the zoning by -law conflicted with a private agreement
entered into between Markborough and Canadian Tire. This agreement identifies
REPORT NO. PD -57 -97 PAGE 5
a "no build" zone which limits the amount of retail floorspace in the sight lines for
eastbound traffic on Highway 2. Markborough has not been able to negotiate
Canadian Tire's consent to amend their private agreement. Canadian Tire is only
prepared to allow the 10,000 square foot retail pad at the corner of Clarington
Boulevard and Highway 2.
As a result, Markborough is now proposing to extend the C1 -14 Area "B" zone
approximately 40 metres to the south in order to relocate the 5,000 square foot
retail pad southerly on the east side of the Zellers store. Extending the C1 -14
Area "B" zone in this manner would apparently allow Markborough to honour the
intent of its agreement with Canadian Tire.
The relocation of 5000 sq. ft. retail pad southerly was to accommodate the "no
build" zone agreement between Markborough and Canadian Tire. Staff note that
Markborough has also entered into private agreements with Loblaws Properties
Inc. and Zellers Inc. Staff are concerned that agreements of this nature are pre-
empting the Municipality's ability to effectively plan the area. Specifically, the
official plan policy approved by the Ontario Municipal Board hearing and through
the site plan approval process with respect to street front retail uses along
Clarington Boulevard is slowly being eroded away. Be that as it may, staff also
recognize that although the 5000 sq. ft. retail pad is moved southerly, this vacated
pad can be utilized for retail uses in future years and therefore should be
protected for this purpose. In this regard, this "future" retail pad should be
landscaped and not used for parking purposes.
Therefore, staff would support the proposed amendment provided that the
future retail blocks remain as landscaped areas and are not incorporated into
the parking area. Accordingly, it is recommended that the by -law not be
adopted by Council until such time as staff have both an approved site plan
1407
REPORT NO. PD -57 -97 PAGE 6
which includes a landscaped area, as detailed in the foregoing and
commitment letters from Zellers Inc,. and Loblaws Properties Inc. as detailed
in Recommendation No. 3 to this report.
This section promotes the street front orientation by establishing setback
requirements for the buildings on the west side of Clarington Boulevard south of
future Street "I ". Specifically, the section requires a minimum building setback of
2.0 metres and a maximum building setback of 15.0 metres from Clarington
Boulevard. This represents a problem for the proposed Zellers store as the
setback requirements can no longer be implemented as a result of the relocation
of the 5000 square foot retail pad adjacent to the Zellers store as noted
previously.
It should be noted that the location of the Zellers store on the approved site plan
remained unchanged.
In consideration of the above comments, staff do not object to the deletion of
Section 16.5.14 d) v).
6.3 Convenience Store
The "General Commercial (Cl)" zone does not include a convenience store as a
permitted use. When the OMB approved the By -law, Markborough was not aware
that a convenience store was specifically excluded as a permitted use. This
matter came to Markborough's attention when attempting to lease the floorspace
to certain prospective tenants. Accordingly, Markborough has requested that a
convenience store be added as a permitted use.
Staff note that many shopping centres have typically included convenience stores
which serve to provide groceries, magazines, newspapers and other household
1408-
REPORT NO. PD -57 -97 PAGE 7
and sundry needs to the immediately surrounding residents. Staff would have no
objection to adding a convenience store as a permitted use within the C1 -14 zone
category.
7. CONCLUSION
7.1 The Planning and Development Department would have no objection to the
approval of the proposed rezoning application. However, passage of the by -law
amendment should be withheld until such time the applicant meets the condition
as contained in recommendation #3 of this report.
Respectfully submitted,
. _' F
ee
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
WM *DC *FW *cc
Attachment #1
Attachment #2A
Attachment #213
Attachment #3A
Attachment #313
April 15, 1997
Reviewed by,
W. H. Stockwell
Chief Administrative
Officer
Key Map
C1 -14 Area "B" Development
Revised C1 -14 Area "B" Development
C1 -14 Area "A" setback
Revised C1 -14 Area "A" setback
Interested parties to be notified of Council and Committee's decision:
Markborough Properties
1 Dundas Street West, Suite 2800
Toronto, Ontario M5G 2J2
Kaitlin Group Limited
1029 McNicoll Avenue
Scarbourough, Ontario M1W 3W6
1409
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141
THE CORPORATION OF THE MUNICIPALITY OF CLABINGTON
Memorandum
To: FILE
From: Marie P. Knight, Deputy Clerk
I
Subject:
May 16, 1997
REZONING APPLICATION - MARKBOROUGH PROPERTIES -
OUR FILE: D14.DEV.97.013
At a meeting held on May 12, 1997, the Council of the Municipality of
Clarington passed the following Resolution #GPA- 302 -97:
"THAT, at the request of Markborough Properties Inc., Report
PD -57 -97 be further tabled to the next General Purpose and
Administration Committee Meeting to be held on May 20, 1997 and
that Markborough Properties Inc. be advised of Council's decision."
M rie P. Knight, Deputy Clerk
MPK/lb
FROM
1997.04 -29 10:27 #138 P.02/02
V � �
Fro - -
nc
April 29, 1997
Via fax 1- 905 - 623 -0830
Ms- Patti Barrie
Clerk
Mun.icipal.ity of Clarington
40 Temperance Street
Bowmanville, Ontario
L1C 3A6
Dear Ms. Barrie:
Re: Markborough Properties Inc. - Clarington Centre
Rezoning Application - Report PD -57 -97 - lt7E�r.27 91
UNFINISHED BUSINESS
Markborough is still in the process of resolving with staff and our anchor tenants, some of the
site plan details which are noted in Report PD- 57 -97. Although I had hoped to resolve these
issue by now, it appears that we still require time to complete this process. Therefore, we again
ask that the captioned report by tabled until the next General purpose and Administration
Committee meeting on May 20, 1997. Accordingly, provided the ,report is tabled, please
consider this a request to postpone my deputation to speak on this matter until the next
Committee Meeting.
Should you require anything fiuther, please do not hesitate to call me at 416 -591 -2871.
Yours truly,
MARKBOROUGH PROPERTIES INC.
David A. Baffa, MCIP
Development Manager
Ontario Land Group
cc: Mr. F. wu
Mr. M. Reeve
Mr. B. Daniell
Land and Office Maxnagemertt
I Oundas Street West, Sv.ite 2800, Toronto, Ontario M5G 272
Tel: (446) 591.7660 Fax; (416) 591 -7246
14 01 ;°
_eLa;iu TY OF
ONTARIO
April 29, 1997
Markborough Properties Inc.
1 Dundas Street West
Suite 2800
Toronto, Ontario
M5G 2J2
Dear Sirs:
RE: REZONING APPLICATION- MARKBOROUGH PROPERTIES INC. - PART
LOT 16, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON -
OUR FILE: D14.DEV.97.013
At a meeting held on April 28, 1997, the Council of the Municipality of Clarington
passed the following Resolution #GPA-246-97:
"THAT Report PD-57-97 be tabled to the General Purpose and Administration
Committee meeting scheduled to be held on May 5, 1997 at the request of the
applicant."
Yours very truly,
Marie P. Khhight, C 0., CMM 11
Deputy Clerk
cc: Kaitlin Group Limited
F. Wu, Director, Planning and Development
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET . BOW MANVILLE •ONIARIO - LIC 3AR (9)i5�fj-3379 -FAX 623-4169 RE.YCLEO PAPER