HomeMy WebLinkAboutPD-161-96 AddendumWCOPA- ADD.COU HE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: Council Meeting File # � >` ,c)( -)
. #C
Date: Monday, December 9, 1996 Res -� c_>Y -� C16.
Addendum to
Report #: PD- 161 -96 File #: COPA 96 -002 By -law #
Subject: PROPOSED CLARINGTON OFFICIAL PLAN AMENDMENT AND REZONING
APPLICANT: MARKBOROUGH PROPERTIES INC.
PART LOT 16, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON
FILE: COPA 96 -002 (X -REF: DEV 96 -053)
Recommendations:
It is respectfully recommended to Council the following:
1. THAT Addendum to Report PD- 161 -96 be received;
2. THAT Report PD- 161 -96 be lifted from the table and be received for information;
3. THAT the application submitted by Markborough Properties Inc. to amend the
Clarington Official Plan be APPROVED as Amendment No. 1 as indicated in
Attachment #2 to this Addendum Report; that the necessary By -law be passed;
and further, that the Amendment be forwarded to the Region of Durham for
approval;
4. THAT the application submitted by Markborough Properties Inc. to amend
Comprehensive Zoning By -law 84 -63 be APPROVED; and that the by -law
contained in Attachment #3 to this Addendum Report be passed;
5. THAT the revisions to Official Plan Amendment No. 1 and the Zoning By -law are
minor and that a new Public Meeting to consider the revised Amendment and
revised Zoning by -law is not necessary; and
6. THAT any delegation and the interested parties listed in this Report be forwarded
a copy of Committee and Council's decision.
At the General Purpose and Administration Committee meeting on December 2,
1996, Ms. Lynda Townsend appeared on behalf on Barmond Builders with
respect to Report PD- 161 -96. Barmond Builders, the owners of Bowmanville Mall,
ADDENDUM TO REPORT PD- 161 -96 PAGE 2
objected to the approval of Amendment No. 1 to the Clarington Official Plan and
the related zoning amendment as proposed. Ms. Townsend indicated that
Bowmanville Mall does not object to the intent and purpose of the proposed
amendments to allow for the staged occupancy of the stores. However, she
indicated that in her opinion the Municipality's primary objective of ensuring the
construction of a department store could be at risk under the wording of the
proposed amendments. She noted that the developer was not required to
construct the building even if a permit for it was issued.
2. Committee resolved to table Report PD- 161 -96 to the Council meeting scheduled
to be held on December 9, 1996 to allow Staff and the Municipality's solicitor to
meet with Lynda Townsend and Markborough Properties Inc.
3. The Municipality's solicitor participated in several discussions between
Markborough Properties Inc. and the owners of Bowmanville Mall. A compromise
was proposed by Markborough Properties and accepted by Barmond Builders.
The revised amendment would allow for the phased occupancy of the site. The
smaller retail units could be occupied provided that the construction of the
Department Store had proceeded to the point where the walls and roof were
constructed. It further allows for the occupancy of the supermarket provided that
a building permit has been issued and remains valid for the construction of the
Department Store. This provides a significant assurance that the construction of
shopping centre will proceed as initially proposed.
4. Staff are confident that Markborough intends to proceed with full construction of
the entire shopping centre, as evidence by their substantial financial commitments
made to the Municipality. Moreover, both the solicitor and Planning staff do not
have any objection to the settlements reached by the parties. Accordingly, the
wording of both Amendment No. 1 and the Amending Zoning By -law have been
revised, and are attached herein for Council's approval.
D -914 ►oI� I, - ge7n: U-61ada92md
5. These revisions are relatively minor and do not alter the intent of the original
application. Accordingly, it is recommended that a further Public Meeting is not
necessary.
Respectfully submitted,
9
C
Franklin Wu, M.C.I.P., R.P.P.
Director of Planning
and Development
DC *FW *df
9 December 1996
Reviewed by,
1RJ4AA7
W.H. Stockwell
Chief Administrative
Officer
Attachment No. 1 - Letter dated November 27, 1996 from Lynda Townsend
Attachment No. 2 - Amendment No. 1 to the Clarington Official Plan (Revised)
Attachment No. 3 - Proposed Zoning By -law 96 -202 (Revised)
Interested parties to be notified of Council 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
M1W 3W6
Harry Locke
436 Rimosa Court
Oshawa, Ontario
L1 J 7T6
Ms. Lynda Townsend
Townsend Robertson
5710 Timberlea Blvd., Suite 207
Mississauga, Ontario
L4W 4W1
Barry Stern
Project Manager
River Oaks Group
23 Lesmill Road, Suite 401
North York, Ontario
M3B 3P6
SENT BY: i11 -27 -96 i 7:19PM i 00000000 -4 905 623 06304 2
ATTACHMENT NO. 1
Townsend Robertson Law Firm
5710 Timberlea Blvd., Suite 207, Mississauga, Ontario LAW 4W1
Tel: (905) 625.3902; Fax., (905) 625 -927
E-Mailt lyn.townsend(aspnpatjco.ca
November 27, 1996
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario L1C 3A6
Attention, Members
General Purpose Committee
Dear Sir:
Re; Markborough Properties
Official Plan Amendment and Re- zoning application
Bowmanville
Please be advised that I represent Barmond Builders Limited, the owners of the Bowmanville
Mall. I am writing to you to express the concerns of nay clients relative to proposed Official Plan
and Zoning By -law amendments proposed by MArkborough Properties for its lands in
BOWmanville. It is our understanding that these matters are being considered by Committee on
Monday, December 2, 1996.
e Is ue.
- or many years Clarington Council has deliberated on the uses which would be most appropriate
for the Subject site and surrounding lands, Council has heard and paid heed to the eoncems of
the central business district in Bowmanville, the residents in the community and the Bowmanville
Mall. Council responded by approving the application but with certain key restrictions intended
to ease this development into the existing marketplace and address the needs of the community.
Council directed that prior to any retail or personal service uses being established on site, the
department store and the food state had to be constructed.
In our respeotfal submission, the request which Markborough has put before you for your
consideration will erode or eliminate the protection provided by the municipality, It has asked
that retail and personal service uses be allowed to proceed once the building permits have been
issued for the department store and the food store. It is possible that building permits could be
obtained and not acted upon in a timely way, renewed or allowed to expire without construction.
The effect of suolt action would be to permit the personal service and retail uses to precede the
department store and the food store contrary to Council's original intention,
It may appear on the surface that Markborough's request is somewhat innocuous, In fact, in our
SENT BY: ;11 -27 -96 , 7:20PM 00000000 -4 905 623 0830;# 3
Opinion, it goes to the root of the issue which concerned Council, As is noted in the staff report
it was a pridmary objective of Council to ensure the construction of a department store as was
represented to Council. The key component to the Main Central Area is the department store.
The balance of the retail pivots around this use. If the department store is delayed the effect is
to create a different form of "unanchored" retail.
Ra lonale Lor t
he a ratio ;
As set out in the staff report, Markborough has stated its reasons for change as fourfold:
1) IPCF and Zellers may not be able to coordinate their respective building schedules
2) Maxkborough is selling off parts of these lands and "increasingly has less control of the
development schedule of various portions of the site"
3) The centre will no longer be a single owner enterprise with anchor tenants and smaller
retailers, It is evolving into a multi-owner project as the land is severed and sold in
response to the changing retail environment
4) The current Official Plan policies cannot be implemented with a variety of landowners.
It seems to us that, if approved, Council's previous control of the development will have given
way to the market forces which are driving the developer to divest itself of ownership, The
rationale for the application is not simply a staging problem but a more fundamental shift in the
type of retail centre that we can expect and an abandonment of the control that the municipality
once deemed necessary.
he iskr
We understand that applications for severance have been received, We further understand that
some form of commitment letters have been received from Zellers and 1PCF.
It is our view that the division of ownership of these lands poses more of a reason to be
protective of the existing designation and zoning. Division SiMply creates separate parcels
capable of being sold, leased or mortgaged independently. Commitment letters are not contracts
and are not binding. No damages can be obtained if the commitments are not honoured.
Permits could be pulled by any of these owners and left inactive or construction could be
indefinitely delayed, In the meantime the balance of the site could develop in smaller
independent parcels which would not resemble Council's vision when the uses wexe approved.
There is nothing which can bind the developer to construct if he pulls permits and chooses not
to proceed, Committee and Council will be relying on trust and, we submit, that this is
insufficient protection from the risk that a department store will not be built,
SENT BY:
Dur fealt
;11 -27 -96 ; 7:20PM ; 00000000-+ 905 623 08304 4
We have canvassed any possible additional safeguards which would ensure that the department
store and food store were constructed but have been unsuccessful, In the event that the
municipality could assure us that these buildings would be constructed and occupied as originally
directed by Council we would be prepared to withdraw any objection to this application.
We thank you for considering our comments.
Y may,
Fda J. Townsend
cc: Mr. W. Munro
Mr. H, Green
ATTACHMENT #2
AMENDMENT NO. 1
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE: A 200,000 square foot shopping centre is approved for lands on the south-
east corner of Highway No. 2 and Green Road. The existing provisions
of Section 5.2.1 of the Bowmanville West Main Central Area Secondary
Plan requires that prior to occupancy by any retail or personal service use,
a Department Store and a Food Store (Supermarket) must be constructed.
The purpose of this amendment is to allow the staged construction and
occupancy of the shopping centre provided that certain conditions are
satisfied.
BASIS: The amendment is based upon an application submitted by 829426
Ontario Inc. (COPA 96 -002).
ACTUAL
AMENDMENT: The Bowmanville West Main Central Area Secondary Plan, being a portion
of the Clarington Official Plan, is hereby amended by:
Deleting Section 5.2.1 a)i) and replacing it with the following:
"i) on the parcel of land bounded by King Street, Clarington
Boulevard, Bowmanville Boulevard and Green Road, the
above uses are permitted only in accordance with the
following:
a) buildings containing retail and personal services
uses, other than a department store or a food store,
may not be used unless a department store which
contains a minimum of 6,500 square metres of
gross floor area either is constructed, or a building
permit for its construction has been issued and
remains outstanding and the walls and roof thereof
have been constructed in accordance with the
building permit; and
b) a building containing a food store which was not
represented in the Municipality of Clarington on
December 23, 1994 and which contains at least
2,790 square metres of gross leasable floor area
may only be used if a department store which
contains at least 6,500 square metres of gross
leasable floor area is constructed or a building
permit for its construction has been issued and
remains outstanding."
IMPLEMENTATION: The provisions set forth in the Clarington Official Plan and the
Bowmanville West Main Central Area Secondary Plan, as
amended, regarding the implementation of the Plan, shall apply in
regard to this amendment.
INTERPRETATION: The provisions set forth in the Clarington Official Plan and the
Bowmanville West Main Central Area Secondary Plan, as
amended, regarding the interpretation of the Plan, shall apply in
regard to this Amendment.
ATTACHMENT #3
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 96-
being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the former
Town of Newcastle.
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By -law 84 -63, as amended, of the former Town of Newcastle to
implement zoning amendment application DEV 96 -053,
AND WHEREAS said by -law shall be passed pursuant to Section 24(2) of the Planning
Act, whereby it would not come into effect until such time as the appropriate Official Plan
Amendment has received the necessary approvals;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 16.5.14 d) i) is hereby amended by deleting it in its entirety and replacing
it with the following:
"i) buildings or structures on any one or more portions of the lands zoned
(C1 -14) may be used for the purposes of one or more of the permitted
non - residential uses listed in Section 16.5.14 (c) of the By -law only in
accordance with the following regulations:
a) buildings containing any such non - residential use, other than a
department store or a supermarket, may not be used unless a
department store which contains at least 6,500 square metres of
leasable total floor area either is constructed, or a building permit for
its construction has been issued and remains outstanding and the
walls and roof thereof have been constructed in accordance with the
building permit; and
b) a building containing a supermarket which was not represented in
the Municipality of Clarington on December 23, 1994 and contains
at least 2,790 square metres of leasable total floor area may only be
used if a department store which contains at least 6500 square
metres of leasable total area has been constructed or a building
permit for its construction has been issued and remains
outstanding; and
c) the department store and the supermarket in total exceed 10,200
square metres of leasable total floor area,"
2. This By -law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 24 (2) and Section 34 of the Planning Act.
BY -LAW read a first time this day of 1996.
BY -LAW read a second time this day of 1996.
BY -LAW read a third time and finally passed this day of 1996.
MAYOR
Cam'/