HomeMy WebLinkAboutPD-161-96UNFINISHED BUSINESS
DN:COPA.GPA THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
PUBLIC MEETING
Meeting: General Purpose and Administration Committee File # I,L(N�
Date: Monday, December 2, 1996 Res. )
Report #: PD- 161 -96 File #: COPA 9C =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 that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD- 161 -96 be received;
2. 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; that the necessary by -law be passed; and further, that the
Amendment be forwarded to the Region of Durham for approval;
3. 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 be passed; and
4. THAT any delegation and the interested parties listed at the end of this report be
forwarded a copy of Committee and Council's decision.
1. APPLICATION DETAILS
1.1 Applicant:
1.2 Owners:
1.3 Official Plan Amendment:
Markborough Properties Inc.
829426 Ontario Inc.
838038 Ontario Inc.
Proposing to amend the Clarington Official Plan
in order to allow the staged construction and
occupancy of the shopping centre. Retail and
1.4 Zoning By -law Amendment:
PAGE 2
personal service uses would be permitted
provided that the department store and
supermarket are either constructed or building
permits are issued for construction.
Proposing to amend Comprehensive Zoning
By -law 84 -63 in order to implement the above -
noted proposal.
1.5 Area: 9.0 hectares (22.24 acres) excluding future road
allowances
2. LOCATION
2.1 The subject lands are located at the south -east corner of the intersection of
Highway No. 2 and Green Road and are more formally known as 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 OMB. 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,
3.2 Markborough Properties has applied to seek relief from Sections 5.2.1 a) i) a) and
5.2.1 a) i) b) of the Bowmanville West Main Central Area Secondary Plan and
Section 16.5.14 d) i) of Zoning By -law 84 -63. These sections require the
department store and the supermarket to be constructed prior to any commercial
uses being established on the site. This, in effect, requires both the Department
Store and the Supermarket to be constructed and occupied at the same time. In
addition,no other retail commercial uses will be allowed until the above happens
first. The applications propose to allow commercial uses if the department store
•
and the supermarket are "lawfully under construction" and thus both stores would
not necessarily have to be completed before being occupied. The application
was subsequently revised to allow commercial uses provided "a building permit
is issued" for the department store and supermarket as opposed to "lawfully under
construction ".
3.3 The provisions of the Official Plan and Zoning By -law which require both the
department store and the supermarket to be constructed prior to any commercial
use being permitted on the site were imposed by Council to ensure that the
applicants would actually construct a department store, as had been represented
to Council by Markborough. This requirement has acted as a strong incentive to
ensure that the applicant had completed its arrangements with both a prospective
department store and supermarket store. Due to the current construction
program and the subdividing of the site into separate parcels of land, the
applicant is seeking relief from the requirement of having both stores fully
constructed at the same time.
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 both the official plan
amendment application and 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 erected on both the Green Road and
Highway No. 2 frontages.
4.2 In addition, a copy of the proposed amendment was available for public viewing
in the offices of the Planning and Development Department 20 days prior to this
meeting of the General Purpose and Administration Committee.
4.3 As a result of the public notification process, staff have received two counter
618
REPORT NO.: PD- 161 -96
MURM,
inquiries. The first inquiry was from a Green Road resident who requested more
detailed information with respect to the proposed amendment. The second
inquiry was from the owner of property located at the south -west corner of
Highway No. 2 and Regional Road 57. The property owner, Mr. Harry Locke,
requested detailed information in order to determine any impacts upon the
development potential of his holdings.
5. AGENCY COMMENTS
5.1 A limited circulation of the proposal was undertaken since both the applications
contemplated limited amendments to the text of the documents. The proposal
was circulated to both the Regional Planning Department and the Municipality of
Clarington Public Works Department. Neither of these agencies raised concerns
or objections with respect to the proposal.
6. STAFF COMMENTS
6.1 At the time of the consideration of the Markborough application, one of the
Municipality's primary objectives was to ensure the construction of a Department
Store, as they had represented to Council. Initially, Markborough was requested
to submit a letter of credit to be held until such time as the Department Store was
constructed. Markborough Properties indicated that they could not make a
financial commitment, particularly in view of the pending Ontario Municipal Board
hearing. As an alternative, the following provisions were made:
• policies were added to the Official Plan and zoning by -law to prohibit any
commercial use of the site until a department store and supermarket are
constructed; and
• the subdivision agreement included a clause which states that if
Markborough or subsequent landowners do not commence construction
of a Department Store within 4 years from the date of final approval
•
ILM
(February 23, 2000), they will not object to the Municipality downzoning
their lands and reallocating up to 200,000 sq. ft. of commercial floorspace
to other lands in the Main Central Area and shall take all necessary actions
to terminate the site plan approval.
6.2 Under the provisions of both the Clarington Official Plan and Comprehensive
Zoning By -law 84 -63, the requirement for both the Department Store and the
Supermarket to be constructed prior to occupancy and use of any commercial
floorspace does not allow for the staged construction of the shopping centre. The
proponent is concerned because they have not been able to ensure that the IPCF
(Supermarket) and Zellers building program coincide. Therefore, there is the
prospect that the IPCF Supermarket would be constructed but could not be
occupied for use until the Zellers store was completed. This is increasingly a
problem since Markborough intends to sell a portion of the site to IPCF and
possibly to Zellers. The result is that Markborough increasingly has less control
of the development schedule of various portions of the site.
6.3 The traditional shopping centre was originally promoted by Markborough as a
single owner enterprise with anchor tenants and smaller retailers. It is evolving
into a multi -owner project as Markborough proceeds to divide the land holding
into several parcels. This is apparently necessary for Markborough to respond
to the changing retail environment. As the Municipality will be dealing with
multiple owners in the future development of the shopping centre, it becomes
apparent that the current Official Plan policies will be difficult to implement. In this
regard, staff have no objection to the proposed change to the Official Plan. It
would allow some flexibility to the various landowners of the subdivided plaza site
to obtain financing and schedule their construction timetable so that the
Supermarket could open prior to the Department Store or vice versa.
6.4 The proposed amendment does not significantly affect the Municipality's objective
to ensure that a Department Store is constructed in Bowmanville. Building
permits must be issued for both stores before either one of them or any other
commercial use can occupy a store. It also does not alter any financial
commitment previously made by Markborough. In fact, the commitments made
by Markborough are now a strong incentive to complete the development.
Further, there is no change in the use of land nor would the proposed
amendment offend the intent of the Clarington Official Plan. In the remote event
the Department Store is not constructed by February 23, 2000, the Municipality
has the option of downzoning the site.
7. CONCLUSION
7.1 In consideration of the comments contained in this report, staff do not object to
the approval of both Amendment No. 1 to the Clarington Official Plan and the
attached zoning by -law amendment. Staff advise that the adoption of the Official
Plan Amendment is subject to a fee of $1,000.00, exclusive of the GST, of which
$500 is required to submit the application to the Region for approval.
Respectfully submitted,
Franklin Wu, M.C.I.P., R.P.P.
Director of Planning
and Development
WM *DC *FW *df
25 November 1996
Reviewed by,
W.H. Stockwell
Chief Administrative
Officer
Attachment #1 - Key Map
Attachment #2 - Amendment No. 1 to the Clarington Official Plan
Attachment #3 - Zoning By -law Amendment
621
REPORT PAGE 7
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
622
LOT 17
-41
ATTACHMENT #1
LOT 16 LOT 15 LOT 14
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BOWMANVILLE 96-002
KEY MAP DEV. 96-053
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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.
It would permit the occupancy of retail stores, provided that
the Department Store and a Food Store (Supermarket) either
have been constructed or that building permits have been
issued for their construction.
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:
i) in Section 5.2.1 a) i) a), after the words "is
constructed" add the words "or a building permit has
been issued for its construction and a valid building
permit remains outstanding."
ii) in Section 5.2.1 a) i) b), after the words "is
constructed" add the words "or a building permit has
been issued for its construction and a valid building
permit 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.
624
XrfACHMENT #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:
"no building or structure may be used on any one or more portions of the, lands
zoned (C1 -14) for the purposes of one or more of the permitted non - residential uses
listed in Section 16.5.14 (c) of the By -law unless:
a) a department store which contains at least 6500 square metres of leasable
total floor area is constructed or a building permit has been issued for its
construction and a valid building permit remains outstanding; and
b) a supermarket which is not represented in the Municipality of Clarington on
December 23, 1994 and contains at least 3000 square metres of leasable total
floor area is constructed or a building permit has been issued for its
construction and a valid building permit 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
BY -LAW read a second time this
day of 1996.
day of 1996.
BY -LAW read a third time and finally passed this day of
625
1996,
MAYOR
CLERK