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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