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Home My WebLink AboutPD-62-97UNFINISHED BUSINESS THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: CAN- TIRE.GPA REPORT Meeting: General Purpose and Administration Committee File #<,' 14 Date: Monday, May 5, 1997 Res. # Report #: PD -62 -97 File #: COPA 97 -001 (X -REF: DEV 97 -001) By -law #. Subject: OFFICIAL PLAN AMENDMENT AND REZONING APPLICATION CANADIAN TIRE REAL ESTATE LIMITED PART LOT 15 & 16, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTO •• 00 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -62 -97 be received; 2. THAT Council provide direction regarding the procession of applications to amend the Official Plan and the Zoning By -law submitted by Canadian Tire Real Estate Limited; and 3. THAT the applicant and all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Canadian Tire Real Estate Limited 1.2 Owners: 829426 Ontario Inc. & Municipality of Clarington 1.3 Agent: Plantactics Group Ltd. 1.4 Rezoning: From - "General Commercial Special Exception (C1 -14 Area % ")" To - "General Commercial Special Exception (C1 -7) ". 1.5 Official Plan Amendment: The proposed amendment contemplates: REPORT NO. PD -62 -97 PAGE 2 • increasing the allowable retail floorspace permitted within Sections 5.2.4 c) i) and 5.2.5 g) of the Bowmanville West Main Central Area Secondary Plan from 18,580 m2 to 20,483 m2. the deletion of a portion of Clarington Boulevard, a collector road, from Maps A3 and B3 in the Clarington Official Plan and Map A in the Bowmanville West Main Central Area Secondary Plan. 1.6 Area: 0.4 hectare (1 acre) 1.7 Location: Part of Lot 15 and 16, Concession 1, former Township of Darlington 2. BACKGROUND AND STAFF COMMENTS 2.1 In September of 1992, Canadian Tire Real Estate Limited completed construction of a warehouse format store in what is now the Bowmanville West Main Central Area. The site plan was approved with approximately 42,000 square feet. An amendment to the site plan was subsequently approved which permitted the development of a 5200 square foot "seasonal" sales centre. This resulted in a total floor area of 47,200 square feet for the existing Canadian Tire. 2.2 The approved site plan and the approved amendment also include an approved expansion area to the south of the existing store on the lands owned by Canadian Tire Real Estate Limited. This approved expansion area consists of an additional 26,000 square feet of floorspace of which 6500 square feet is allocated for the Motor Vehicle Repair Garage with the balance being retail floorspace. In addition, the current zoning permits a Motor Vehicle Fuel Bar with 300 square feet of floorspace although Canadian Tire Petroleum has never made an application for site plan approval with respect to the fuel bar. REPORT NO. PD -62 -97 PAGE 3 2.3 A complete application to amend the Official Plan and Zoning By -law was received on April 7, 1997. The applications contemplate a 61,000 square foot expansion to the store which would result in the ultimate size of the store being 103,000 square feet. This expansion is comprised of the following: 27,000 square feet on Canadian Tire Real Estate Limited lands 34,000 square feet on Clarington and 829426 Ontario Inc, lands 61,000 square feet total The westerly expansion as proposed by Canadian Tire Real Estate Limited would eliminate the future Clarington Boulevard as identified in the Clarington Official Plan (See Attachment #1) 2.4 829426 Ontario Inc. has provided their written consent for the application insofar as the application applies to their current land holdings. However, Canadian Tire Real Estate Limited has not obtained consent from the Municipality. 2.5 The Planning Act does not appear to prohibit any person from making an application for an official plan amendment or a zoning amendment on land that is NOT OWNED by that person. However, it is a common practice of most municipalities, including Clarington, to require the owner's consent to make such an application. 2.6 Staff is not authorized to give consent for any application which affects and contemplates the sale of municipal property. Accordingly, we are seeking direction from Council with respect to the processing of these applications. Two options are presented for Council's consideration: Council could refuse the applications to amend the official plan and the zoning by -law on the grounds that the Municipality is not prepared to declare Clarington Boulevard as surplus land. Without getting into the merits of the REPORT NO. PD -62 -97 PAGE 4 application, Council should be aware that the Municipality only acquired these lands in 1997 through a dedication of these lands from 829426 Ontario Limited (Markborough Properties Ltd. and West Bowmanville Developments Ltd.) for public highway purposes. The merits of this street was thoroughly reviewed under the scrutiny of an extensive Ontario Municipal Board Hearing. Given the time and expense the Municipality went to in order to secure this street as a vital part of the transportation network, it would be difficult to justify that this land is now "surplus "; or • Council could provide consent for the application to be processed on a "without prejudice" basis in order to allow for the consideration of the planning merits, if any, of the application. 2.7 The municipal lands proposed by Canadian Tire Real Estate Limited for their store expansion are also subject to By -law 95 -22, the by -law prepared under the Municipal Act governing the sale and disposal of municipal lands. In accordance with the by- law, there is a detailed procedure for determining that the land is surplus to the needs of the Municipality. Before reaching a final decision on the applications, there would need to be concurrent consideration of whether the municipality deems the lands to be surplus, their value and the method by which they would be disposed. 4. CONCLUSION 4.1 This report is presented to advise Council that an application has been made to amend the official plan and the zoning by -law on lands owned by the municipality. Two options are presented for Council's consideration: Option # 1 If Council does not wish to entertain the proponent's plans for municipal lands, it is recommended that the following recommendation be substituted for Recommendation #2: REPORT NO. PD -62 -97 PAGE 5 "THAT the applications submitted by Canadian Tire Limited to amend the Official Plan (COPA 97 -001) and the Zoning By -law (DEV 97 -001) be refused; and further that staff be authorized to refund any fees submitted with respect to these applications." Option # 2 If Council wishes for the full circulation and public meeting process to continue, it is appropriate that the following recommendation be substituted for Recommendation #2: "THAT staff be authorized to process the applications submitted by Canadian Tire Corporation to amend the Official Plan (COPA 97 -001) and the Zoning By -law (DEV 97 -001) on a without prejudice basis." Respectfully submitted, ,x Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development WM *DC *FW *cc Attachment # 1 - Attachment # 2 - April 28, 1997 Reviewed by, W. H. Stockwell Chief Administrative Officer Key Map Proposed Amendment Interested parties to be notified of Council and Committee's decision: Jodi A. Wellings Canadian Tire Real Estate Limited 2180 Yonge Street P.O. Box 770 Station "K" Toronto, Ontario M2P 2V8 Anthony Biglieri Plantactics Group Ltd. 28 Bellefair Avenue Toronto, Ontario M4L 3T8 Robert A. Martindale Martindale Planning Services Urban Planning & Development Consultants 23 Elizabeth Street Ajax, Ontario L1 T 2X1 ATTACHMENT #1 SUBJECT SITE OWNED BY 829426 ONTARIO INC. SUBJECT SITE OWNED BY MUNICIPALITY OF CLARINGTON LANDS OWNED BY APPLICANT LOT 16 LOT 15 z Q z r 0 ylGywq U m Y z O V- U z ) 0 ry cn w w 112 w r U C.� STREET Q Pp�P� GPI 4 0 BOWANVILLE DEV. 9 KEY MAP C O A 97-001