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Home My WebLink AboutPD-40-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN:829426.GPA REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File # Ll v,910 13 Date: Monday, April 7, 1997 Res. # d — dO6 -9-1 Report #: 'D'0' - By-law Subject: REZONING APPLICATION - 829426 ONTARIO INC. PART LOT 16, CONCESSION •- • OF DARLINGTOhr 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 -40 -97 be received; 2. THAT the zoning amendment application be referred back to staff for further processing and the preparation of a subsequent report; and 3. THAT any delegation and the interested parties listed at the end of this report be forwarded a copy of this report and a copy of Committee and Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Markborough Properties Inc. 1.2 Owners: 829426 Ontario Inc. 838038 Ontario Inc. 1.3 Zoning Amendment: 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 plaza retail area (185,000 sq.ft.) and the street - related retail area (15,000 sq.ft.) will remain unchanged; 611 .O �� ii) delete the setback requirements from Clarington Boulevard; and, iii) add a convenience store having less than 465 square metres of floorspace as a permitted use. 1.4 Area; 9 hectares (22.24 acres) 2.1 The subject lands are located on the west side of Clarington Blvd., 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 part of the Clarington Official Plan. 3.2 The applicant is proposing to amend the Zoning By -law as detailed in Section 1.3 of this report. 4. PUBLIC NOTICE AND SUBMISSIONS 4.1 This Public Meeting will serve to satisfy the requirements of the Planning Act, R.S.O. 1990, as amended by Bill 20, with respect to the zoning by -law amendment application. Notice of the public meeting was mailed out in accordance with the provisions of the Planning Act and a public notice sign was 612 G erected on both the Green Road and Highway 2 frontages in accordance with Council policy; 4.2 As a result of the public notification process, staff received one 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 limited changes to the current zoning, only a limited circulation of the proposal was undertaken. The proposal was circulated to the following agencies: • Durham Regional Planning Department; • Durham Regional Works Department; • Municipality of Clarington Public Works Department; and Municipality of Clarington Fire Department. None of the aforementioned agencies have provided objectionable comments with respect to the proposal. 10 a 9LOIT61 ►, I ►, I 4,11W 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. 613 040915 ► ' � ' ■ 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 retail pad within Area "B" as shown on Attachment #2A. However, this site plan and the zoning by -law was contrary to a private agreement entered into between Markborough and Canadian Tire. This agreement identifies 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 10,000 square feet of retail space in Area "B" 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 at Clarington Boulevard south of approved entrance (future Street "I ") as detailed in Attachment #2B. Extending the C1 -14 Area "B" zone in this manner would allow Markborough to honour the intent of its agreement with Canadian Tire. The net result is a reduction of floorspace fronting on Clarington Boulevard. Instead of 20,000 square feet of floorspace (15,000 in Area "B" and 5,000 in Area "A "), only 15,000 square feet would be built. Additional retail floorspace along Clarington Boulevard would be delayed to subsequent phases at which time the owner of the shopping centre would have to renegotiate with Canadian Tire. 614 laMWelm By redefining the Area "B" and incorporating the amendment described in Section 6.2, an additional 5,000 square feet would be incorporated in the plaza portion (Area "A ") between the Zellers and Loblaws stores. 6.2 Deletion of Section 16.5.14. d) v) This section promotes the street front and pedestrian oriented aspects of Clarington Boulevard 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. This requirements presents a problem for the proposed Zellers store as a result of the rezoning of the 5,000 sq.ft. retail pad adjacent to the Zellers store. Since the location of the Zellers store in site plan has already been approved as detailed in Attachment #3B, Markborough has requested that Section 16.5.14 d) v) be deleted in its entirety from the By -law. 6.3 Convenience Store The C1 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 excluded as a permitted use on the subject property. This matter came to Markborough's attention when attempting to lease the floorspace to certain prospective tenants. Accordingly, they have requested Convenience stores be allowed as a permitted use. 7. CONCLUSION 7.1 As the purpose this report is to provide a status of the application for the Public Meeting, it would be in order to have the applications referred back to staff for further processing. 6 1J Respectfully submitted, 41- JQ Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development Reviewed by, WM *DC *FW *df Attach 20 March 1997 Attachment #1 -Key Map Attachment #2A - C1 -14 Area "B" development Attachment #213 - Revised C1 -14 Area "B" development Attachment #3A - C1 -14 Area "A" setback Attachment #313 - Revised C1 -14 Area "A" setback Interested Parties to be notified of Council's and Committee's decision: Markborough Properties Inc. 1 Dundas Street West Suite 2800 Toronto, Ontario M5G 2J2 The Kaitlin Group Ltd. 1029 McNicoll Avenue Scarborough, Ontario M1 W 3W6 61,6 Faomlau ATTACHMENT #1 PROPOSED REZONING CHANGE FROM Cl-14 AREA "A7 TO Cl-14 AREA "B" LOT 16 LOT 15 L UPTi WN AVE. NIG W Y2 m z C1 -14 ° O z AREA 'A _ Z � � w � U Z O NG I? SPRINGS � w Q� 0 °KEY HAP DEV. 9 617 • I -aa. F ._ r3�--.r) � u�uSuGu u WINNERS E. a _ I • - IIIIIIIIIIIIIIII11b, W ..... , I i IBM 11PH- UNION 1 � I 1 + + + + ! � � , jI �'- I}- I}� -hI-I ICI +++C:' + + + + + + + + + + + + + + + :I+ + +1 + !+ !+ + + + + +1 + 11++HX+k + + + 4 + 'lY V t I A rLA I 11.11 H 1 11 w.1-1 I I I I I ri I I I I ATTACHMENT #3A V) E E • E 0 C) E 0 ATTACHMENT #3B 6 19