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Home My WebLink AboutPD-5-94UNFINISHED BUSINESS Subject: REZONING APPLICATION - WILLSONIA INDUSTRIES LIMITED PART LOT 16, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 88 -054, OPA 88 -43 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -5 -94 be received; 2. THAT in accordance with Council Resolution #C- 561 -93, the zoning application to amend the Comprehensive Zoning By -law 84 -63 as amended, for the former Town of Newcastle submitted by Willsonia Industries Limited to permit the development of a 3,725 sq.m. (40,000 sq.ft) retail commercial plaza be approved; 3. THAT the amending zoning by -law attached hereto be forwarding to Council and be given the first and second reading, only; 4. THAT the Ontario Municipal Board be advised that the attached by- law will not be given third reading by Council and that the Municipality requests that the Ontario Municipal Board not enact it or any other by -law for commercial uses on the Willsonia Industries Ltd. site until the Municipality or the Board has been advised that: i) the owner has entered into a servicing agreement as authorized by Council in its consideration of the Addendum to Report PD- 169-93; ii) the site plan application has been approved; the owner has entered into a site plan agreement to satisfy the conditions of site plan approval of the Municipality; and iv) both agreements have been registered against the title of the proposed shopping centre site. 5. THAT the applicant, the Region of Durham Planning Department, the Ministry of Municipal Affairs, Ontario Municipal Board and all interested parties listed in this report and any delegation be advised of Council's decision. 509 REPORT NO.: PD -5 -94 PAGE 2 1. APPLICATION DETAILS 1.1 Owner: Willsonia Industries Ltd. 1.2 Agent: Greer Galloway Group Inc. 1.3 Rezoning: From "Agricultural (A)" zone to an appropriate zone to permit the development of 3,725 sq.m. (40,000 sq. ft.) retail commercial shopping facility. 1.4 Area: 4.04 hectares (9.98 acres) 2. LOCATION 2.1 Legal Description: Part Lot 16, Concession 1, former Township of Darlington 2.2 Relative Description: North side of Highway No. 2, west of the Bowmanville Recreation Complex 3. BACKGROUND 3.1 On May 16th 1988 an application to amend By -law 84 -63 was received by the Municipality by Darlington Properties to permit the development of a 80,500 sq.ft. retail plaza. Applications to amend the Durham Region Official Plan and the Town's Official Plans were also submitted requesting a "Community Central Area" designation. 3.2 In June 1989, the lands were purchased by Willsonia Industries. A revised site plan was submitted increasing the floorspace to 125,000 sq.ft. Willsonia Industries Limited requested that the Official Plan Amendment application be revised to reflect a "Special Purpose Commercial" designation. 3.3 The Bowmanville Main Central Area Study commenced in October 1991, in response to Amendments Nos. 255 and 40. The intent of the study was the creation of a Secondary Plan and an Urban Design Plan for the West Main Central Area to guide the future development of this areas and to provide a context within which various development applications could be considered. The study culminated with the approval of Amendment No. 56 to X10 REPORT NO.: PD -5 -94 PAGE 3 the Official Plan of the Former Town of Newcastle and Urban Design Guidelines for the Bowmanville West Main Central Area adopted by Council on December 13, 1993. 3.4 On July 26, 1993, Council resolved, among other things a commercial floorspace allocation of 40,000 sq.ft. on the Willsonia Industries lands. 3.5 On December 20th, 1993 the Municipality of Clarington received a letter from Mr. Ron Worboy legal counsel to Willsonia Industries Limited advising appeal of rezoning application, on the basis that Council neglected to make a decision on the application within 30 days of receipt of application. It is anticipated that the application will be joined to the hearing scheduled to commence, January 31, 1994. 4. EXISTING AND SURROUNDING USES 4.1 Existing Uses: Vacant 4.2 Surrounding Uses: East - Bowmanville Recreation Complex West - Rural residential and vacant South - Canadian Tire Store and vacant North - vacant lands 5. OFFICIAL PLAN POLICIES 5.1 1976 Regional Official Plan 5.1.1 The 1976 Regional Official Plan the subject site is located outside the Urban Area Boundary for Bomanville and designates the site as "Major Open Space ". The predominant use of lands so designated shall be for agricultural and farm - related uses. The development of the a retail commercial plaza would require an amendment to the plan. Amendment 255 and Amendment 290 to the 1976 Regional Official Plan proposes to extend the Bowmanville Urban Area and the Main Central Area Westerly along Highway No. 2 and provides a retail and personal service floorspace for the Main Central. These amendments are referred to the Board. J� 1 REPORT NO.: PD -5 -94 PAGE 4 5.2 1991 Regional Official Plan 5.2.1 The New Regional Official Plan indicates the Main Central;; as a symbol. Local municipalities are responsible for fur- defining the limits of the Main Central Area. 5.3 Official Plan of the former Town of Newcastle 5.3.1 The subject lands are located outside the Urb ZArea Boundary for Bowmanville. However, approval of Amendment No. 56 to the Official Plan of the Former Town of Newcastle includes the subject site within the Urban Area an j Main Central Area Boundary for Bowmanville. The lands are proposed to be designated Retail Commercial. Amendment /No. 56 also recognizes the initial allocation of a maximum /of 3725 square metres of gross retail and personal service space for the subject site. 6. PUBLIC MEETING AND SUBMISSION / 6.1 Pursuant to the Planning Act to appropriate notice was mailed to each landowner within the prescribed distance and to those individuals wishing to be advised of further meeting dates. 6.2 Two previous Public Meetings in respect of Rezoning Application DEV 88 -05�}. have been held as follows: • September 6, 1988 for the original Rezoning Application submitted by D/ rlington Properties Ltd. • September 18 71987 for the revised Rezoning Application submitted by Willsonia Industries Ltd. 6.3 As of writing this report, the Planning and Development Department h.s not received any written submission pertaining to the rezgizing of the subject lands. Letters of concern with respect to the Rezoning Application DEV 88 54 and the related application for Official Plan Amendment were received by the Bowmanville Business Centre, and representatives of Bowmanville Mall and Ghods Builders. The above -noted parties will be represented at the Ontario Municipal Board Hearing. 512 REPORT NO.: PD -5 -94 REVISED PAGE 4 5.2 1991 Regional Official Plan 5.2.1 The New Regional Official Plan indicates the Main Central Area as a symbol. Local municipalities are responsible for further defining the limits of the Main Central Area. 5.3 Official Plan of the former Town of Newcastle 5.3.1 The subject lands are located outside the Urban Area Boundary for Bowmanville. However, approval of Amendment No. 56 to the Official Plan of the Former Town of Newcastle includes the subject site within the Urban Area and Main Central Area Boundary for Bowmanville. The lands are proposed to be designated Retail Commercial Amendment No. 56 also recognizes the initial allocation of a maximum of 3725 square metres of gross retail and personal service space for the subject site. 6• PUBLIC MEETING AND SUBMISSION 6.1 Pursuant to the Planning Act the appropriate notice was mailed to each landowner within the prescribed distance and to those individuals wishing to be advised of further meeting dates. 6.2 Two previous Application DE' • September submitted • September submitted Public Meetings in respect of Rezoning V 88 -054 have been held as follows: 6, 1988 for the original Rezoning Application by Darlington Properties Ltd. 18, 1989 for the revised Rezoning Application by Willsonia Industries Ltd. Letters of concern with respect to the Rezoning Application DEV 88 -54 and the related application for Official Plan Amendment were received by the Bowmanville Business Centre, and representatives of Bowmanville Mall and Ghods Builders. The above -noted parties will be represented at the Ontario Municipal Board Hearing. REPORT • •D .. 7. STAFF COMMENTS 7.1 The purpose of this report is to establish Council's position at the Ontario Municipal Board with respect to the appeal of Rezoning Application DEV 88 -54 by Willsonia Industries Limited. The subject by -law to amend By -law 84 -63 implements Amendment 56 and the Urban Design Guidelines. The by -law would not require a third reading by Council pending disposition of the by -law appeal by the Board at the commencement date of the Ontario Municipal Board hearing. 7.2 At the time of the writing of this report, the Town's Solicitor was preparing the proposed By -law, which will be a handout at the meeting. Respectfully submitted, Franklin Wu, M.C.I.P. Director of Planning and Development Recommended for presentation to the Committee Marie Marano, Acting Chief Administrative Officer CS *DC *FW *df Attachment #1 - Preliminary Site Plan Attachment #2 - Amending by -law (Handout) 12 January 1994 Interested parties to be notified of Council and Committee's decision: Mr. William J. Daniell The Kaitlan Group 1029 McNicholl Avenue SCARBOROUGH, Ontario M1W 3W6 Mr. John E. Davies Shopping Centres Group Markborough Properties Inc. 1 Dundas Street West Suite 2800 TORONTO, Ontario M5G 2J2 Mr. Gerard Gervais Dekkema Gervais Development Corporation 100 Allstate Parkway Suite 501 MARKHAM, Ontario L3R 3L1 Mr. Christopher Dodds Canadian Tire Corporation Limited P.O. Box 770, Station 'K' 2180 Yonge Street TORONTO, Ontario M4P 2V8 REPORT NO.: PD -5 -94 PAGE 6 Dino and Judith Penn 1569 Green Road BOWMANVILLE, Ontario L1C 3K7 Mr. Scott Muir 1599 Green Road R.R. # 6 BOWMANVILLE, Ontario L1C 3K7 Mr. Colin Soutter 2374 Highway 2 BOWMANVILLE, Ontario L1C 3K7 Mr. Sebastian Corbo 232 Spadina Road TORONTO, ONTARIO M5R 2V1 Mr. Roger Elliott Fasken Campbell Godfrey Barristers and Solicitors Toronto - Dominion Bank Tower P.O. Box 20 Toronto - Dominion Centre TORONTO, Ontario M5K 1N6 Mr. Al Strike Strike, Salmers and Furlong 38 King Street West Box 7 BOWMANVILLE, Ontario L1C 3K8 Mr. Jeffrey L. Davies Davies Partners Lawyers Suite 300 166 Pearl Street TORONTO, Ontario M5H 1L3 Mr. Ronald Worboy 153 Simcoe Street North P.O. Box 21 OSHAWA, Ontario L1H 7K8 Mr. Ronald K. Webb Davies, Webb & Schulze Barristers & Solicitors Brampton Executive Centre 8 Nelson Street West Suite 600 BRAMPTON, Ontario L6X 4J2 Mr. James Harbell Stikeman Elliott P.O. Box 85 Suite 5300 Commerce Court West TORONTO, Ontario M5L 1B9 Mr. Bryce Jordan, M.C.I.P. G.M. Sernas and Associates Ltd. 110 Scotia Court, Unit 41 WHITBY, Ontario L1N 8Y7 Valiant Property Management 177 Nonquon Road 20th Floor Oshawa, Ontario L1G 3S2 Ms. Maureen Kitchen The Great Atlantic Co. of Canada Ltd. Real Estate Division P.O. Box 68, Station Toronto, Ontario M5W 1A6 and Pacific 'A' Mr. Bob Martindale The Greer Galloway Group Inc. 1415 King Street (Highway 2) COURTICE, Ontario. L1E 2J6 X14 - II_� Ls. — PAWN C =-=4= I— — _ ys E. Lb- i 1 1 I I I U I— — 1 1 P _!H CAM- LA i — E 1 I — 1 ( 1 STREET 'H' 'i , , BLOCK D i , , , 1, I , 1 1 1 11 1) STREET 'E' 1 1 nP:•� WISHWAY NO. 2 Attachment • 1.. Ni low . no m , r .. , •� a =��r�� , I ( BLOCK E Phase 1 Buildings 0 Phase 2 Buildings NOTE: Not part of current application �s. P L5. � s. Attachment Nod Re-r,+ ?D - 5 - 74 DN:ZONING.WIL THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON By -Law Number 94- Being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the former Corporation of the 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 in accordance with Application DEV 88 -54 and Amendment 56 to the Official Plan of the former, Town of Newcastle, to permit the development of lands for certain C1 uses; AND WHEREAS said By -law shall be passed pursuant to Section 24(4) of the Planning Act, whereby it would not come into effect until such time as the related Official Plan Amendment has received approval from the Ministry of Municipal Affairs or the Ontario Municipal Board; NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of Clarington enacts as follows: 1. Section 16.5 "Special Exception - General Commercial (Cl) Zone" is hereby amended by adding thereto, the following new Special Exceptions 16.5.15 and 16.5.16 as follows: "16.5.15 GENERAL COMMERCIAL EXCEPTION (C1 -15) ZONE: Notwithstanding Sections 16.1 and 16.3 of By-law 84 -63, those lands zoned (C1 -15) shown on the map contained in Schedule "A' to this By -law shall be used and any buildings or structures thereon shall be constructed and used in accordance with the following definitions and zone regulations: a) Definitions i) Business establishment Shall mean a building which contains any one or more of a retail/commercial establishment, a personal service shop, a business, professional or administrative office, or a financial office whether or not the building is or is part of a shopping centre. -2- ii) Limit of Streets and proposed Streets Shall mean the lines identified as "Limit of Street" on the Plan contained in Schedule "A" attached to and forming part of this By -law. Facade of the business establishment Shall mean the portion of the exterior wall located between finished grade and the level which is 3 metres above finished grade of a business establishment which wall faces either an existing street or a proposed street shown on the Plan contained in Schedule "A" attached to and forming part of this By -law. iv) Street- related entrance Shall mean one of the principal entrances to each business establishment with a minimum height of 2.1 metres and a minimum width of 0.9 metres located in part in the facade of the business establishment which is at or within 0.2 metres above or below finished grade, which shall be recessed from the facade of the business establishment a minimum of 1.0 metre. b) Permitted Residential Uses Dwelling units located in a storey higher than the first storey of a building which contains permitted non - residential uses in its first storey. c) Permitted Non - Residential Uses A maximum of 3241 square metres of leasable total floor area may be constructed and used for the Cl purposes set out in Section 16.1 (b) provided that the following restrictions, prohibitions and regulations are complied with: Restrictions: i) not more than one financial office comprising the premises of 1 bank, 1 trust company, or 1 credit union may be constructed and used; -3- no business, professional or administrative office; medical or dental clinic; or financial office shall be located on in a first storey of any building provided that not more than 1 financial office comprising 1 bank, 1 trust company's premise or 1 credit union's premises may be constructed and used in the first storey of the building. Prohibited uses: i) take -out eating establishment; ii) eating establishment with drive- through service. d) Regulations: i) location of building from northerly vii) the easterly facade of the business establishment constructed within the C1 -15 Zone shall abut the "Limit of Street" which is the westerly limit of Proposed Street B provided that no more than 75% of the length of such facade may be constructed up to 3 metres westerly of the "Limit of Street" which is the westerly limit of Proposed Street B. viii) street- related entrances to business establishments shall be constructed at locations in the facade of business establishments at a maximum distance of 14 metres from the centre of the nearest street- related entrance to the street - related entrance in question. limit of Highway 2 - a minimum of 5 metres ii) location of building from westerly limit Part 3 of 1OR -411 - a minimum of 40 metres iii) location of building from the "Limit of Street" which is the southerly limit of Proposed Street E - a minimum of 0 metre iv) landscaped open space - a minimum of 20 percent of the lot area v) height of building - a maximum of 4 storeys vii) the easterly facade of the business establishment constructed within the C1 -15 Zone shall abut the "Limit of Street" which is the westerly limit of Proposed Street B provided that no more than 75% of the length of such facade may be constructed up to 3 metres westerly of the "Limit of Street" which is the westerly limit of Proposed Street B. viii) street- related entrances to business establishments shall be constructed at locations in the facade of business establishments at a maximum distance of 14 metres from the centre of the nearest street- related entrance to the street - related entrance in question. 16.5.16 -4- ix) a minimum of 25% of the facade of the business establishment shall be constructed of transparent glass. GENERAL COMMERCIAL EXCEPTION (C1 -16) ZONE: Notwithstanding Section 16.1 and 16.3, those lands zoned (C1 -16) shown on the map contained in Schedule "A' to this By -law shall be used and any buildings or structures thereon shall be constructed and used in accordance with the following zone definitions and regulations: a) Definitions For the purpose of the C1 -16 Zone, the definitions contained in the C1 -15 Zone shall apply. b) Permitted Residential Uses No residential dwelling units are permitted to be constructed or used. c) Permitted Non - Residential Uses A maximum of 475 square metres of leasable total floor area may be constructed and used for either or both the purpose of an eating establishment and a tavern provided that the following regulations are complied with: Regulations: i) location of building from northerly limit of Highway No. 2 - a minimum of 5 metres ii) location of building from easterly limit of Part 3 shown on 1OR -411 - a minimum of 15 metres iii) landscaped open space - a minimum of 20 percent of the lot area -5- iv) height of buildings - a maximum of 4 storeys v) the westerly facade of the business establishment constructed within the c1 -16 Zone shall abut the "Limit of Street" which is the easterly limit of Proposed Street B shown on the aforesaid Schedule A, provided that no more than 60% of the length of such facade may be constructed up to 2 metres easterly of the "Limit of Street" which is the easterly limit of Proposed Street B. vi) street- related entrance to the business establishment constructed in the C1 -16 Zone shall be constructed at a location in the facade of business establishment which faces Proposed Street B shown on the aforesaid Schedule A. vii) A minimum of 25% of the facade of the business establishment shall be constructed of transparent glass." 2. Schedule "3" to By -law 84 -63 as amended is hereby further amended by changing the zone category from: "Agriculture (A) Zone" to - General Commercial Exception (C1 -15) Zone" and "Agriculture (A) Zone" to - General Commercial Exception (C1 -16) Zone ". 3. Schedule "A" attached hereto shall form part of this By -law. 4. This By -law shall come into effect on the date of the passing thereof, subject to the Provisions of Section 34 of the Planning Act. BY -LAW read a first time this day of 1994. BY -LAW read a second time this day of 1994. BY-LAW read a third time this day of 1994. Schedule This is ► 94- passed this—day of—, 1994A.D. V N F < 165.73 7, �V Z LIMIT OI STREET ovi VZ Mayor 91 LOT 16 LOT 15 N71°28' 00 °E) 1 TO :': i.� Vii. i.t ✓�� n 3 O N Z 3 0 M to M N Io ti Z 00 N N M M I�J ZONING TO REMAIN "A" ®ZONING CHANGE FROM 'A" TO "C1 -15" ZONING CHANGE FROM 'IA" TO "C1 -16" O 40 80m 20m LOT 17 LOT 16 LOT 15 BOWMANVILLE z O U) W U z O U 0 50 100 200 300M 6 sa a Clerk D