HomeMy WebLinkAboutPSD-033-04
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REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, March 8, 2004
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Report #:
PSD-033-04
Files #: ZBA 2003-040
By-law #: Cleo'-\- - 070
Subject:
REZONING APPLICATION TO PERMIT EXPANSION OF ZELLERS
APPLICANT: VALIANT PROPERTY MANAGEMENT
2383 Highway 2, Bowmanville
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-033-04 be received;
2. THAT the application submitted by Zellers Canada Limited on behalf of Valiant Property
Management to permit a 520 m2 expansion to the existing Zellers department store be
APPROVED and that the attached By-law contained in Attachment 2 be passed;
3. THAT a copy of Report PSD-033-04 and Council's decision be forwarded to the Durham
Region Planning Department; and,
4. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
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Reviewed by:
. Crome, M.C.I.P.,R.P.P.
or, Planning Services
Frankiin Wu
Chief Administrative Officer
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March 1, 2004
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
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REPORT PSD-033-04
Page 2
1.0 APPLICATION DETAILS
1.1
Applicant:
Valiant Property Management
1.2
Agent:
Zellers Canada Limited
1.3
Rezoning:
To amend the "General Commercial Exception (C1-14: Area A)
Zone" to permit a 520 m2 warehousing expansion to the existing
Zellers department store.
1.4
Site Area:
6.56 hectares
2.0 LOCATION
2.1 The Clarington Centre lands include 2377 to 2383 Highway 2 in Bowmanville
(See Attachment 1). The applicant's land holdings total 6.56 hectares (16.21
acres). The property is located within Part Lot 16, Concession 1, in the former
Township of Darlington.
3.0 BACKGROUND
3.1 On August 11, 2003, Staff received a rezoning application from Zellers Canada
Limited on behalf of Valiant Property Management to permit a 520 m2
warehousing expansion to the existing Zellers department store.
3.2 A statutory Public Meeting was held on October 6, 2003 during which no member
of the public spoke in opposition to or in support of the application.
3.3 Staff received a letter from an area resident who opposed the application for the
following reasons.
. The amount of traffic on Green Road relating to the Clarington Centre
plaza is a concern.
. The expansion will result in increased truck deliveries.
. There are problems with noise and debris related to the development.
Screening should be provided.
These issues will be discussed in Section 8.4 of this report.
4.0 SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The property currently contains the 18,309 m2 (197,087 W) Clarington Centre
plaza, of which the Zellers department store occupies 8,361 m2 (90,000 W). The
site is generally flat.
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REPORT PSD-033-04
Page 3
4.2 Surrounding Uses:
East:
North:
West:
South:
Canadian Tire
Commercial
Commercial
Future medium and high density urban residential
5.0 OFFICIAL PLAN POLICIES
5.1 The Clarington Official Plan designates the subject lands "Retail Commercial"
within the Bowmanville West Main Central Area Secondary Plan. These areas
serve as the main concentrations of urban activities within the Municipality.
Permitted uses include commercial, residential, community, cultural, and
institutional uses. A total of 18,580 m2 (200,000 ft2) of retail commercial
floors pace has been allocated to the Clarington Centre development. Although
the additional floors pace would exceed the site's allocation, Section 24.5 of the
Official Plan indicates that numeric figures are meant to be approximate unless
otherwise specified. Minor deviations of f100rspace limits are permitted up to
10%. The application conforms to the Official Plan policies.
6.0 ZONING BY-LAW CONFORMITY
6.1 The property is zoned "General Commercial Exception (C1-14: Area A) Zone",
which does not permit the proposed warehousing expansion due to f100rspace
limitations. In order to permit the additional f1oorspace, a rezoning application
was submitted for consideration.
7.0 AGENCY COMMENTS
7.1 The Clarington Engineering Services Department and Clarington Emergency
Service Department have no objections to the application provided that the
applicant enters into a site plan agreement for the development.
7.2 The Durham Region Planning Department has indicated that the proposed
rezoning application conforms to the Regional Official Plan. The Durham
Regional Public Works Department will require site servicing drawings for site
plan approval.
7.3 Central Lake Ontario Conservation has no objections to the rezoning provided
that sedimentation and erosion control plans are submitted for site plan approval.
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REPORT PSD-033-04
Page 4
7.4 Although Hydro One Networks Inc. has not formally commented, the applicant
will be required to accommodate any service upgrades necessary to construct
the addition.
8.0 COMMENTS
8.1 The Official Plan identifies Clarington Boulevard as the focus of retail activity.
The Urban Design Guidelines identify this precinct as the Clarington Boulevard
Commercial Mainstreet. It is to have a variety of street-related uses with a strong
north-south pedestrian focus. To this end, the zoning of the Clarington Centre
comprises two parts - Area A being plaza portion and Area B being the
mainstreet portion (see Attachment 2). A total of 929 m2 (10,000 ft2) street-
oriented building was zoned within the "General Commercial Exception (C1-14:
Area B) Zone" along Clarington Boulevard. The Kelsey's restaurant at Clarington
Boulevard and Highway 2 only utilized 465 m2 (5,000 ft2 ) of the allocation.
8.2 The applicant advises that a building footprint and location, together with a site
visibility restriction in the private covenant between Canadian Tire and Clarington
Centre, preclude any further intensification of the Clarington Boulevard street
frontage. The applicant proposes to transfer the remaining f100rspace capacity to
the "General Commercial Exception (C1-14: Area A) Zone" to accommodate the
Zellers expansion.
It is noted that the restrictive covenant is an arrangement made between
Markborough Properties Ltd. and Canadian Tire Inc. Valiant has assumed the
obligations of the former owner. The restrictive covenant should not be used as
a basis for this application or the proposed density transfer. It would be contrary
to the objectives of the West Main Central Area Secondary Plan. Staff do not
support any "transfer" of f100rspace from the Clarington Boulevard Commercial
Mainstreet.
8.3 The proposed 520 m2 floors pace represents an increase of 2.80 % in total gross
floor area over the original f100rspace allocation of 18,580 m2. This increase is
well within the 10% deviation policy permitted under Section 24.5 of the Official
Plan. Zellers representatives have indicated that the additional f100rspace will
provide additional warehousing space to improve the store's operations. Staff
feel that this floors pace increase is truly minor in nature.
8.4 The following comments are provided in response to the resident's concerns.
. Green Road is classified as a Type "B" arterial in the Official Plan. It's
function is to accommodate large volumes of traffic. Once the C.P. Rail
underpass is constructed, it will serve as a major link between Baseline
Road and Highway 2. Traffic volumes on this roadway will continue to
increase as growth continues.
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REPORT PSD-033-04
Page 5
· Clarington Centre is a major retail commercial facility, whose stores are
served by trucks. Staff do not anticipate that the Zeller's expansion will
lead to an increase in truck traffic.
. Many of the loading areas have been screened as much as possible.
There will be noise associated with loading areas and truck traffic. The
landowner is requested to rectify problems with debris related to
development.
8.5 The applicant has submitted an application for site plan approval (SPA 2003-037)
to accommodate the building expansion. Staff will be proceeding to issue the
necessary approvals to permit the Zeller's expansion.
8.6 Staff recommend that the Zoning by-law include an additional 203 square metres
of additional retail f100rspace to account for two other small additions that were
constructed to expand existing stores.
9.0 CONCLUSIONS
9.1 The application has been reviewed in consideration of comments received from
circulated agencies, the Clarington Official Plan, and Zoning By-law. In
consideration of the comments contained in this report, Staff respectfully
recommend that the rezoning application for the proposed use be APPROVED
and that Council pass the By-law contained in Attachment 3.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Design Precincts - Urban Design Plan for West Main Central Area
Attachment 3 - Proposed Zoning By-law
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REPORT PSD-033-04
Page 6
Interested parties to be notified of Council's decision:
Andrew Glass
Zellers Canada Limited
8925 Torbram Road
Brampton, ON L6T 4G1
Robert Hann
Valiant Property Management
177 Nonquon Road
20th Floor
Oshawa, ON L 1G 3S2
Scott Muir
1599 Green Road
Bowmanville, ON L 1 C 3K7
Peter Smith
Bousfields Inc.
Suite 200
3 Church Street
Toronto, ON M5E 1M2
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ATTACHMENT 1
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ZBA 2003-040
Zoning By-law Amendment
SPA 2003-037
Site Plan Amendment
Owner: Valiant Property Management
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ATTACHMEINT 2
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2004,
being a By-Law to amend By-Law 84,63, the Comprehensive Zoning By-law for the
Corporation of the Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-Law 84-63, as amended, of the Corporation of the former Town of
Newcastle in accordance with application ZBA 2003-040 to permit a 520 m2 warehousing
expansion to the existing Zellers department store and recognize two existing retail
expansions;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1, Section 16.5,14 "GENERAL COMMERCIAL EXCEPTION (C1-14) ZONE" is hereby
amended by replacing Section 16.5.14 d) ii) with the following:
"ii) a maximum of 17,910 square metres of leasable Iotal floor area shall
be constructed within (C1-14 Area A),"
2. This By-Law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act, R.S.O. 1990.
By-Law read a first time this day of
2004
By, Law read a second time this day of
2004
By-Law read a third time and finally passed this day of
2004
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
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ATTACHMENT 3