HomeMy WebLinkAboutPD-89-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: CAN- TIRE.GPA
REPORT
PUBLIC MEETING
Meeting: General Purpose and Administration Committee
I e�-�
Date: Monday, July 7, 1997 Res. # G
Report #:
Subject:
PD -89 -97 File #: COPA 97 -001 (X -REF: DEV 97 -001) By -law #
CLARINGTON OFFICIAL PLAN AMENDMENT AND REZONING APPLICATION
APPLICANT: CANADIAN TIRE
PART LOT 15 & 16, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON
FILE: COPA 97 -001 (X -REF: DEV 97 -001)
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD -89 -97 be received;
2. THAT the Clarington Official Plan Amendment and Zoning Amendment
applications be referred back to staff for further processing and the preparation
of a subsequent report following the receipt of the outstanding agency comments
and the resolution of the outstanding issues; and
3. THAT all interested parties listed in this report and any delegation forwarded a
copy of this report and a copy of Committee and Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: Canadian Tire Real Estate Limited
1.2 Owners: 829426 Ontario Inc.
838038 Ontario Inc.
Municipality of Clarington
1.3 Official Plan Amendment:
The proposed amendment contemplates:
• increasing the allowable retail floor space 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 square metres to 20,483 square metres.
6 J5
REPORT .D PAGE R
• 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.
1.4 Zoning Amendment:
From "General Commercial Exception (C1 -14 Area "A" and
C1 -14 Area "B ") to "General Commercial Exception (C1 -7) ".
1.5 Area: 0.4 hectares (1 acre)
2. BACKGROUND
2.1 In September of 1992, Canadian Tire completed construction of a warehouse
format store in what is now the Bowmanville West Main Central Area. The site
plan was approved in November of 1991 with approximately 42,000 square feet.
An amendment to the site plan was subsequently approved in April of 1995 which
permitted the development of a 5,200 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. This approved expansion area consists of an additional 26,000 square feet
of floor space of which 6,500 square feet is allocated for the Motor Vehicle Repair
Garage with the balance being retail floor space. In addition, the current zoning
permits a Motor Vehicle Fuel Bar with 300 square feet of floor space although
Canadian Tire Petroleum has never made an application for site plan approval
with respect to the fuel bar.
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 in the westerly direction. This expansion is comprised of
the following:
6,56
REPORT NO. PD -89 -97 PAGE 3
• 27,000 square feet on Canadian Tire lands
• 34,000 square feet on municipal road allowance & 829426 Ontario Inc.
lands
The westerly expansion as proposed by Canadian Tire would eliminate the future
Clarington Boulevard as identified in the Clarington Official Plan (See Attachment
#1).
2.4 In May of 1997, following the consideration of Report PD- 62 -97, Council directed
staff to process the Canadian Tire development applications provided that:
(a) the processing will be entirely at Canadian Tire's risk and cost; and
(b) the processing will not fetter or constrain Council in the exercise of its
discretionary powers:
(i) to decide whether to grant the applications,
ii) to transfer the section of the Clarington Boulevard right -of -way which
is in question to Canadian Tire, and
iii) to support or to oppose Canadian Tire in proceedings before the
Ontario Municipal Board or a court of competent jurisdiction.
Canadian Tire has submitted a letter in accordance with Council's resolution
(Attachment # 2).
3. REQUIRED STUDIES
3.1 In order to justify the deletion of a portion of Clarington Boulevard, Canadian Tire
has submitted a Traffic Study prepared by BA Consulting. This study will need
to be reviewed in detail by both the Public Works Department and the Planning
and Development Department in order to determine if the study has appropriately
addressed the impacts upon not only the transportation network but also the
ability of the surrounding area to carry out its functions as a Central Area.
6-)'/
REPORT NO. PD -89 -97 PAGE 4
3.2 Canadian Tire's planning consultant has, by way of correspondence dated June
18, 1997, requested a written explanation as to the municipal requirement for an
independent market analysis. In that regard, staff note that Section 5.2.4 c) i) of
the Bowmanville West Main Central Area Secondary plan establishes a maximum
of 18,580 square metres of retail and personal service floor space for the parcel
of land bounded by King Street, Clarington Boulevard, Bowmanville Boulevard
and Green Road. Section 5.2.4 d) of the Secondary plan states that prior to gny
further development for retail and personal service uses beyond those allocations
specified in Section 5.2.4 c), the Municipality shall conduct an independent
market analysis.
3.3 The independent market analysis shall be conducted at the expense of the
applicant, and address:
• the impact of the development on the East Main Central Area, including the
historic downtown;
• changes in consumer expenditure patterns from the patterns documented
in the Commercial Market Study for the Bowmanville West Main Central,
dated November 23, 1992.
• the anticipated impact of the proposed development on the viability of
existing retail uses in the east Main Central Area and the West Main Central
Area and the planned growth and function of the east Main Central Area.
In that regard, the staff requested The Climans Group Inc. to prepare Terms of
Reference for the independent market analysis. The Terms of Reference for the
analysis were completed in mid -June and subsequently forwarded to the
applicant. The study will commence as soon as the applicant submits financial
security to guarantee payment to the consultant. Staff would point out that the
6J8
REPORT NO. PD-89-97 PAGE 5
outcome of the study may or may not justify the proposed expansion by
Canadian Tire.
4.1 The proposed Official Plan and Zoning By -law Amendments were circulated for
comments by the Planning and Development Department. However, since the
applications were only recently circulated, no agency comments have been
received as of the writing of this report.
5. STAFF COMMENTS
5.1 Staff have undertaken a cursory review of the application and offer the following
preliminary comments with respect to the Official Plan Amendment and Zoning
Amendment applications.
5.2 It would appear that there are two (2) major planning issues with respect to the
application which can be summarized as follows:
• the deletion of a portion of Clarington Boulevard and the resulting impacts
upon the transportation network; and
• the increase in retail floor space prior to the population threshold of 78,000
being attained.
5.3 With respect to the first major planning issue, staff note that the Bowmanville West
Main Central Area was planned and designed to function as a focal point of
activity, interest and identity. Paramount to the planning and design was the
requirements of both Regional and Clarington Official Plans that the area be
developed on the basis of a connected system of roads and walkways.
The planned system of connected roads and walkways is essential to the viability
of the future development in the Central Area since the area contains of a mixture
of inter - related land uses consisting of two Neighbourhood Parks, High and
6J'9
REPORT NO. PD -89 -97 PAGE 6
Medium density residential developments, institutional uses such as the future GO
Station site and shopping areas. The area will over the years become a vibrant
and active focal point of the Municipality which requires an efficient and effective
traffic circulation system.
As noted in Section 3. 1, the applicant has submitted a traffic study to justify the
deletion of a portion of Clarington Boulevard. Although staff's review of the traffic
study has not been completed, our preliminary concern is that the deletion of
Clarington Boulevard to accommodate Canadian Tire expansion will jeopardize
the future orderly and planned development of the entire Central Area.
5.4 With respect to the second major planning issue, the Ontario Municipal Board's
decision of December 23, 1994, capped retail floor space for the Markborough
lands (including the lands subject to Canadian Tire expansion) at 18,580 square
metres. The next incremental increase cannot occur until the population of the
Municipality of Clarington reaches 78,000. This decision of the Ontario Municipal
Board was subsequently carried forward into the policy framework of the
Bowmanville West Main Central Area Secondary Plan as contained in the
Clarington Official Plan.
The June 1996 census indicates a population of only 61,000 for the Municipality
of Clarington and therefore it would appear that the Canadian Tire expansion
proposal onto the Markborough land is premature.
5.5 In addition to the question of pre- maturity, there is a unanswered question as to
which land owner(s) should be allocated the next incremental increase of retail
floor space when the Municipality's population reaches 78,000. It is noted that
during the Ontario Municipal Board Hearing, various land owners within the
Central Area requested for additional retail floor space. Should Canadian Tire be
allocated the next incremental increase on the basis of being the first to submit
640
REPORT NO. PD -89 -97 PAGE 7
an Official Plan Amendment application? The allocation of the next incremental
increase of retail floor space will be an issue that needs to be carefully addressed
as the Municipality's population approaches 78,000.
5.6 As stated earlier, Canadian Tire's original site plan was approved in November of
1991 and included an approved expansion area to the rear of the existing store.
The approval predated the Ontario Municipal Board hearing and predated the
preparation of the Clarington Official Plan and therefore will not be subject to any
further planning approvals and can proceed by applying for the necessary
building permit.
6. CONCLUSION
6.1 The purpose of this report is to highlight the major planning issues associated
with this application. As directed by Council previously, staff will continue to
process this application and therefore recommend this application be referred
back to staff for further processing.
6.2 As required under the Planning Act, a copy of the proposed Official Plan
Amendment, as submitted by Canadian Tire, is attached to this report for the
purpose of the Public Meeting.
Respectfully submitted,
ranklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
WM *DC *FW *cc
Reviewed by,
W. H. Stockwell
Chief Administrative
Officer
41
REPORT NO, PD-89-97 PAGE W
Attachment # 1 - Key Map
Attachment # 2 - Letter from Canadian Tire
Attachment # 3 - Proposed Amendment submitted by Canadian Tire
June 26, 1997
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 M41- 3T8
Robert A. Martindale
Martindale Planning Services
Urban Planning & Development
Consultants
23 Elizabeth Street
Ajax, Ontario L1 T 2X1
William J. Daniells
Kaitlin Group Limited
1029 McNicoll Avenue
Scarborough, Ontario M1 W 3W6
6 42
ATTACHMENT #1
SUBJECT SITE OWNED BY 829426 ONTARIO INC.
SUBJECT SITE OWNED BY MUNICIPALITY OF CLARINGTON
LANDS OWNED BY APPLICANT
LOT 16 LOT 15
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BOWMANVILLE DEV. 97-001
KEY MAP COPA 97-001
643
CANADIAN TIRE REAL ESTATE LIMITED
ATTACHMENT #2
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1 28/05/97iAtt3G�
Mr. Warren Munro
Planner, Community Planning Branch
Municipality of Clarington
40 Temperance Street
Bowmanville, On
L1 C 3A6
Dear Mr. Munro:
Re: Official Plan Amendment Application
Rezoning Application
Canadian Tire Real Estate Limited
Part of Lot 15 and 16, Concession 1
Your Files: COPA 97 -001 and DEV 97 -001
Thank you for your letter of May 27, 1997. Please accept this as our
confirmation that Canadian Tire Real Estate Limited concurs with the Council
resolution of May 12, 1997. Specifically we acknowledge that circulation of the
application in no way implies municipal support for the application and further,
that the processing of the application is at our sole risk and expense.
I trust that this is sufficient to allow you to go ahead with the circulation.
Yours truly,
Canadian Tire Real Estate Limited
Jody A. Wellings, MCIP, RPP
Development Coordinator
c: Tony Biglieri, Plantactics Group Limited
2180 Yonge St. P.O. Box 770, Station K, Toronto, Ontario, Canada M41? 2V8
Telephone (416) 480 -3000 Fax (416) 480 -3990
644
ATTACHMENT #3
PART B - THE AMENDMENT (Constituting the following text & map designated
as Schedule A,B,C,D constitute Amendment No. - -- to the Official Plan of the
Municipality of Clarington)
All of this part of the document entitled PART B - THE AMENDMENT consists of
the following text and maps designated as Schedule A,B,C,D and constitutes
Amendment No. - -- to the Official Plan of the Municipality of Clarington.
DETAILS OF THE AMENDMENT
The Official Plan of the Municipality of Clarington is hereby amended as follows:
Bowmanville West Main Central Area Secondary Plan;
ITEM 1
Section 5.2.4 c) (i) - Retail Commercial
Delete 18,580 m2 and add 20,483 m2 at the beginning of "(i) ", and should
therefore read as follows;
i) 20483 m2 on the parcel of land bounded by King Street, Clarington
Boulevard, Bownmanville Boulevard and Green Rol;
ITEM 2
Section 5.2.5 g) - Retail Commercial
Delete 18,580 m2 and add 20,483 m2 after the word "beyond" and should
therefore read as follows;
g) Without derogating from any other provisions of Section 5.2 of this Plan, any
development or redevelopment of the parcel of land bounded by King Street,
Clarington Boulevard, Bowmanville Boulevard and Green Road beyond 20483
square metres of gross leasable floor space shall contain a mixture of retail
and personal service uses and:
i) business, professional and /or administrative offices on the second or upper
levels above ground floor retail as permitted by subsection 5.2.1 (d) of this
Plan, and /or
ii) residential dwelling units up to the maximum density permitted by subsection
5.2.1. (e) of this Plan; provided that if otherwise permitted by this Plan, up to
645
the amount of 2;787 square metres of gross leasable floor space for retail and
personal service development in addition to the initial allocation of retail and
personal development provided for by Section 5.2.4(c) shall be contained in
one or more additions to a building or buildings which contain the whole or one
or more portions of the retail and personal service development comprising
such initial allocation.
ITEM 3
Section 3 - Urban Design Guidelines Bowmanville West Main Central Area -
Street Classifications - Clarington Boulevard: Commercial Street.
Add to Street I (future street) and continue from Bowmanville Blvd. to the
second paragraph and therefore would read as follow;
Full sidewalk with a minimum 3 metre width and streetscape development is
required to Street l (future street) and continue from Bowmanville Blvd.
ITEM 4
Section 3 - Urban Design Guidelines Bowmanville West Main Central Area -
Street Classifications - Clarington Boulevard: Commercial Street.
Add to Street I (future street) and continue from Bowmanville Blvd. to the third
paragraph and therefore would read as follows;
The pedestrian system along this street should extend into the strip mall site
along the face of the stores between the building and parking lot to Street I
(future street) and continue from Bowmanville Blvd.
ITEM 5
Section 3 - Urban Design Guidelines Bowmanville West Main Central Area -
Street Classifications - Clarington Boulevard: Commercial Street.
Add to Street I (future street) and continue from Bowmanville Blvd. to the forth
paragraph and therefore should read as follows;
A right -of -way width of 23 to 26 metres is envisaged subject to detailed design
of road configurations to Street /(future street) and continue from Bowmanville
Blvd.
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Secondary Plan Bowmanville West Main Central Area
ii) on the parcel of land adjacent to the Garnet B. Rickard
Recreation Complex, the following uses shall not be
permitted: clothing store, shoe store, jewellery store,
fashion accessory store, yarn and fabric store, hardware
store, furniture store and home furnishing store; and
a general merchandise store, a food retail warehouse,
clothing retail warehouse and a drug retail warehouse
shall not be permitted.
b) Hotel and convention facilities.
c) Privately operated recreational and cultural facilities including
movie theatres, bowling alleys and other places of entertainment;
public buildings and community uses, including social,
recreational and cultural facilities; day care and nursery facilities.
d) Business, professional and /or administrative offices so long as they
are located on the second or upper levels above ground floor
retail uses provided that, on the parcel of land bounded by King
Street, Clarington Boulevard, Bowmanville Boulevard and Green
Road, up to 929 square metres may be located on the ground
floor.
e) Residential dwelling units to a maximum density of 80 units per
hectare on the net development parcel.
5.2.2 Maximum density for Retail Commercial lands shall be 0.5 fsi, calculated
on the net development parcel.
5.2.3 Notwithstanding the foregoing, residential uses may be permitted in
combination with retail uses subject to a maximum residential density of
80 units per hectare. The maximum combined density on the site shall
not exceed 1.0 fsi, calculated on the net development parcel.
5.2.4 Retail Thresholds:
a) In order to ensure that retail development proceeds in a fashion
that sufficient population exists to support the continued viability
of both Main Central Areas and to ensure ongoing
redevelopment potential within the East Main Central Area, new
retail development in the West Main Central Area will be linked
to the growth of population in the Municipality of Clarington.
The development of retail floor space in the West Main Central
Area will proceed in an incremental fashion not to exceed the
following thresholds of supportable retail floor space.
Municipality of Clarington Official Plan - October 31, 1996
650
Page 6
Secordary Plan Bowmanville West Main Central Area
Clarington Population
Target Retail Thresholds
(gross leasable area in sq.m.)
78,000
27,000
94,000
41,000
110,000
57,000
b) For purposes of calculating these thresholds, retail floor space
includes the following retail and personal service uses:
department stores, food stores, general and specialty retail stores,
convenience retail stores, video stores, . retail liquor stores,
restaurants, taverns, barber shops, beauty salons, dry cleaners,
shoe repair, travel agencies, and art studios. It does not include
other personal and business services such as financial institutions,
medical offices, real estate offices, law offices, and other uses
excluded in Subsection 4.3.
c) A critical mass of retail and personal service development shall be
established to initiate development in the West Main Central
Area as follows:
i) 18,580 m2 on the parcel of land bounded by King Street,
Clarington Boulevard, Bowmanville Boulevard and Green
Road;
ii) 3,720 m2 on the parcel of land adjacent to the Garnet B.
Rickard Recreation Complex; and
iii) up to 4,645 m2 on the parcel of land at the southwest
corner of King Street and Regional Road 57.
Zoning By -laws to permit these three developments will reflect
these specific allocations and will be consistent with Sections 5.2
and 6.2 of this Secondary Plan. Any additional potential
accorded these sites by this Secondary Plan shall be subject to
implementation through site specific amendments to the Zoning
By -law, and shall be subject to the fulfilment of the provisions of
subsection (d) below.
d) In addition to any other appropriate, planning studies, prior to any
further development for retail and personal service uses beyond
those allocations specified in subsection (c) above, the
Municipality shall conduct an independent market analysis, at the
expense of the applicant for such permission, which addresses the
following:
Municipality of Clarington Official Plan - October 31, 1996
651
Page 7
Secondary Plan Bowmanville West Main Central Area
• the impact of development that has occurred in the West
Main Central Area on the East Main Central Area,
including the historic downtown, and other designated
Central Areas in the Bowmanville Urban Area
• changes in consumer expenditure patterns from the
patterns documented in the Commercial Market Study for
the Bowmanville Main Central Area, dated November 23,
1992
• the anticipated impact of the proposed development(s) on
the viability of existing retail uses in the. East Main
Central Area and the West Main Central Area and the
planned growth and function of the East Main Central
Area.
5.2.5 The following policies shall apply to the development of lands designated
Retail Commercial in the West Main Central Area:
a) Clarington Boulevard shall provide a focus for Retail Commercial
development in the West Main Central Area. The Urban Design
Guidelines, attached as Appendix 1, provide direction regarding
the relationship of buildings to the street, landscape treatment,
and parking areas as required to achieve a high quality pedestrian
retail environment.
b) Where commercial -uses are proposed adjacent to residential
areas, particular regard shall be had for the implementation of
appropriate buffering mechanisms to eliminate potential conflicts
arising from noise, emissions and loss of view. Buffering may be
achieved through sensitive architectural design in conjunctionwith
the use of walls, fences, planting and /or other attractive
streetscape elements.
c) Access to parking and loading facilities shall be established which
will minimize disruption to the pedestrian use of the streets and
interference with adjacent residential areas. Adequate, well -
designed off - street parking, loading and service areas shall be
required on the site of each commercial development.
d) It is the intention of this Plan that a new public street or streets
forming part of a grid system of public streets shall be established
on portions of the major surface parking area associated with the
retail facility on the parcel of land bounded by King Street,
Clarington Boulevard, Bowmanville Boulevard and Green Road
at such time as, or after, development of the lands occupied by
Municipality of Clarington Official Plan - October 31, 1996
6 52
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