Loading...
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 __ -j BOWMANVILLE 96-002 KEY MAP DEV. 96-053 Z 0 w U Z O U A r- 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