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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 z 0 z cr _j D 0] H/c o /jw In y ------------- z 112 C) < V) .............. 0 V) ............... Ld .............. ry ..... ....................... C) 0 ............. ...................... .................. ............... STREET GP BOWMANVILLE DEV. 97-001 KEY MAP COPA 97-001 643 CANADIAN TIRE REAL ESTATE LIMITED ATTACHMENT #2 A 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. C c V , � �I W I , 9 I \\ S OVO?/ 7VN01! U Z c U j y III V I c i 3 133111 S ;V I,l a III y c' S 133M[S III � mal 11 /► o w N K U 0 K m O � a U O U W Z O Z Y Q o ° < 3 z O W Q O Y Y m N a z a, w w z N I�F- m a a Z a U w W w O w p U v o 5- o < o zo a m a lai O J U a to O L � N fn W U li O V w o z J o Z ° s v) o0 a v � a (f) ~i ~ w �- v °- ¢ 3 a N O Q Q U J O w m I W U N J m (n F- o < o == o U Q N w Z U 20 z a z a 3 can ° a °n ° w Y - - - -._� n I O 649 LLJ J W J~ m QU o �Z Z Q m Q 00 c� � P, aye 00 q 649 LLJ J W J~ m QU o �Z Z Q m Q 00 c� 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 Page 8