HomeMy WebLinkAboutPD-143-96THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: 829426.GPA
REPORT
� r� /C>
Meeting: General Purpose and Administration Committee File #
9
Date: Monday, October 21, 1996 Res.'
Report #:
Subject:
PD- 143 -96 File #: COPA 96 -002 (X -REF: DEV 96- 053)By -law #
PROPOSED AMENDMENT TO • OFFICIAL
APPLICANT: • INC. (MARKBOROUGH PROPERTIES)
PART • CONCESSION •- MER TOWN OF BOWMANVILLE
••A 96-002 -
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD- 143 -96 be received for information;
2. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
1. BACKGROUND
1.1 The subject lands are located in the Bowmanville West Main Central Area (see
Attachment # 1) 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.
1.2 829426 Ontario Inc. has applied to seek relief from Section 5.2.1 a) i) of the
Bowmanville West Main Central Area Secondary Plan and Section 16.5.14 d) i)
of Zoning By -law 84 -63. Both of these sections require the Department Store and
the Supermarket to be constructed prior to any other commercial uses being
established on the site. 829426 Ontario Inc. is proposing to amend the provisions
REPORT NO. PD- 143 -96 PAGE 2
to allow the other commercial uses to be permitted if the Department Store and
the Supermarket are lawfully under construction.
1.3 The provisions which required both the Department Store and Supermarket be
constructed prior to any commercial use being permitted on the site was imposed
by Council to ensure that the applicants would actually construct a Department
Store, as they had represented. This has acted as a strong incentive to ensure
that Markborough has completed its arrangements with Zellers and the
supermarket store. Commitment letters have been provided to Municipality
(Attachments 2 and 3). Due to the current construction program and the
subdividing of the Markborough Site in separate ownership parcels, the applicant
is seeking limited relief from the requirements for both stores to be fully
constructed prior to occupancy. The merits of this change will be reviewed in a
subsequent report.
1.4 The proposed amendment to the Clarington Official Plan will be processed under
the provisions of the Planning Act as amended by Bill 20. A limited circulation of
the proposal has been initiated and staff anticipate the holding of a Public
Meeting and presenting a recommendation to Committee with respect to both
proposed amendments on December 2, 1996.
2. CONCLUSION
2.1 This report has been prepared to keep Council informed as to the submission of
the applications prior to the holding of the statutory Public Meeting. As a result,
staff recommend that the report be received for information.
No
REPORT NO. PD- 143 -96 PAGE 3
Respectfully submitted,
C) r ----------
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
Attachment #1 - Key Map
October 10, 1996
Reviewed by,
4",k4-1)
W. H. Stockwell
Chief Administrative
Officer
Interested parties to be notified of Council and Committee's decision:
Maakborough Properties Inc.
1 Dundas Street West
Suite 2800
Toronto, Ont.
M5G 2J2
The Kaitlin Group Limited
1029 McNicoll Avenue
Scarborough, Ont,
M1W 3W6
i
ATTACHMENT #1
FROM
401 Bay Street, suite 800, Toronto, Ontario WH 2Y4
.August 28, 1996
8294,26 Ontario Inc,
and 83 803 8 Ontario Inc.
C/o Markborough Properties Inc.
One Dundas Street West
Suite 2800
Toronto, Ontario
M5 Cr 212
:bear Sirs:
1996,10 -01 14:30 ATTACHMENT #f2
Re, Zellers Lease of Premiiscs in Clarington Town Centre,
Righway #2, Clarington, Glntario
Pax No. (416) 861 -6870
In respect of Clause 3 of the agreelt,.,ent to lease for the above captioned store, Zellers Inc,
hereby covenants and agrees, subject to force majeure, to commence consLTuction of the
Zellers store no later than April 1, 1997 and to open the Zellers store for business to the
public no later than November 30, 1997.
Yours very truly,
ZELLERS INC.
04as6 (OB861
FROk 1996,10-01 1430 ATTACHMENT #3
MCF�''
- - PROPERTIES'.- INC.
•' ;,:, ;;;- - ii St. Clair Ave. E" Canada, M4T 2S5, TEL (416) 967 -2567 FAX NO; 960 -6949
_ ....
-
" Septemberf 3," 1996. ._
DIRECT LINE
Properties Inc
I:arid' aad Offer h - "eat' ....
' 1 Dundas Stree't� West•'z:�:�: _ - -•: �: ;' ..
• Suite• •2800 •.... =- •- • .. • - • .. , � . .
:TORONTO;' Ontario.
MG 2J2
o'irid
Zellers Inc.
401 Bay., Street
Suite 600
TORONTO, Ontario
M5H 2Y4
Dear Sirs:
Re: : IPCF Properties Iiic, purchase from 829426 Ontario Inc.
Claritigton Town Centre.
__ High y 2. Ontadg .
IPCI? Properties Inc, hereby covenants and agrees, subject to Force Majeure, to Commence
�. -,.. Co:istructio ` of the'su
pemarket act later than April !, 1997 and to open the supermarket to
the public no later tliar November 30'1997.'
the, purpose_ of .ahi§'r letter<_the. �ierm .:_ Commence Construction • . shall mean substantial
completion bf the foundation for the`pnma building to be constructed on"either the lands to
be 'purchased by IPCP des Xnc ``oi the ,lion of the" 1 ei tie to. be occupied by Zellers Inc:
the case maybe; and,�tiie term_ "Porce:_Majeui�e" shalt be. restricted to labour troubles,- inability
- ~' : do procure' materials. of service6 hots;. insurrection, sabotage, rebellion ' of God or•
_ wai; :acts
. ,. : _ ,mss• .�;:_;;`r - -- - - - -- - _ •- -
%FROM
1996,10 -01 14:31 #098 P.04/04
-z-
other reason of the like nature which is not the fault of the party which is attempting to proceed
with construction.
Yours gulp,
WCF PiKOPER TIES INC.
GA1DIZ\RK7uO Gr
645