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HomeMy WebLinkAboutPSD-120-03 ....0 ~ '"- q~n Meeting: REPORT PLANNING SERVICES PUBLIC MEETING GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ~I~ GPA-~3-03 Monday, October 6, 2003 ~o't Date: Report #: PSD-120 -03 Files #: COPA 2002-009 and ZBA 2002-025 By-law #: Subject: REVISED OFFICIAL PLAN AMENDMENT AND REZONING APPLICATIONS FOR RETAIL COMMERCIAL DEVELOPMENT APPLICANT: VALIANT PROPERTY MANAGEMENT Clarington Place, Bowmanville RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD"120-03 be received; 2. THAT the revised application submitted by Valiant Property Management be referred back to Staff for further processing; 3. THAT staff be authorized to review the timing of an Official Plan Review and report back to Council; 4. THAT the applicant be requested to pay for the additional transportation, planning and urban design consultants required to assist staff in the evaluation of this major application in a similar cost-shared manner as the retail market impact consultant; and 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Reviewed by: ranklin Wu Chief Administrative Officer Submitted by: r~G D v . Crome, tiil.C.I.P.,R.P.P. Director, Planning Services 4' RH*CP*DC*df 1 October 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623- 3379 F (905)623-0830 601 REPORT NO.: PSD-120.Q3 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Valiant Property Management 1 ,2 Agent: Sernas Associates 1.3 Official Plan Amendment: To permit the development of 17,610 m2 of retail commercial floorspace by: . Amending the site specific retail commercial allocations contained in Section 5.2.4 of the Bowmanville West Main Central Area Secondary Plan; and, . deleting the collector road extension of Uptown Avenue within the subject lands and relocating this extension north of the subject lands, 1.4 Rezoning: To rezone the subject lands from "Agricultural (A) Zone" to permit the development of 17,610 m2 of retail commercial floorspace. 1.5 Site Area: 6,35 hectares 2.0 LOCATION 2.1 The subject lands are located at 1989, 1991, and 1993 Green Road as well as 2374 and 2380 Highway 2 in Bowmanville (See Attachment 1), The application now encompasses the entire quadrant from Green Road along Highway 2 to Clarington Boulevard up to the unopened Concession 2 right-of-way, The applicant's land holdings total 6.35 hectares (15.70 acres) and includes the existing Scotia bank and theatre parking. The property is located within Part Lot 16, Concession 1, in the former Township of Darlington. 3.0 BACKGROUND 3.1 On July 21, 2003, Staff received revised official plan amendment and rezoning applications from Semas Associates on behalf of Valiant Property Management. These applications seek permission for development of 17,610 m2 of retail commercial floors pace. The applicant has indicated that Home Depot has an interest in this site and is suggesting that the proposed development format can only be accommodated by deleting the Uptown Avenue collector road extension within the subject lands and relocating this extension north of the subject lands. This transportation related amendment is also part of the Official Plan Amendment application, 3.2 On September 23, 2002, a Public Meeting was held for the original retail commercial concept plan on this property, which proposed 6,410 m2 of retail commercial floorspace. The proposal consisted of a 3,716 m2 supermarket and 2,694 m2 of other retail commercial floorspace. Although no one spoke in opposition to the proposal, the following comments arose from the meeting. 602 ,REPORT NO.: PSD-120.Q3 PAGE 3 . The Bowmanville Business Improvement Area had requested that a retail market impact study be prepared to assess the impact of new commercial proposals in the area. . The impact of new development in West Bowmanville on the Courtice Main Central Area was raised. The retail market impact study must address this matter. 3.3 The applicant has purchased the Scotiabank building as well as the surrounding lands, which are zoned "General Commercial Exception (C1-15) Zone" and not part of this application. Further commercial development may occur on these lands subject to site plan approval. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The majority of the subject lands, with the exception of the two existing residential dwellings, are currently vacant and generally flat. The area drains towards Highway 2. 4,2 Surrounding Uses: East: Cineplex Odeon theatre and restaurant uses North: Future public secondary school and rural residential West: Agricultural lands containin:? the Metrus proposal with Wal-Mart and Loblaws totalling 33,075 m South: Clarington Centre shopping centre and Canadian Tire 5.0 OFFICIAL PLAN POLICIES 5.1 The Clarington Official Plan designates the subject lands as "Retail Commercial" within the Bowmanville Main Central Area Secondary Plan. Although the land use designation permits retail commercial development, a series of retail thresholds related to population growth governs when lands can be zoned or released for commercial development. An initial allocation of retail floors pace to establish a critical mass for development was approved by the OMB in 1994. Neither the initial allocation established in Section 5.2.4 of the Secondary Plan nor the population thresholds provide for a sufficient amount of retail f100rspace to permit development on the subject lands, As such, an amendment to the Clarington Official Plan was submitted to seek commercial development rights on these lands. A copy of the proposed amendment to the Clarington Official Plan is contained in Attachment 2. 5.2 The Clarington Official Plan allocates 40,000 sq.m. of retail and personal service floors pace to the Bowmanville West Main Central Area, This f100rspace cap excludes the Cineplex Theatre. The current development in the West Main Central Area comprises approximately 26,000 sq. m. with an additional 2,600 sq. m. zoned for development. The West Diamond Properties Inc.lPlayers Business Park Ltd. (Metrus) application, the Zellers application and the subject application propose an additional 51,230 sq. m. Section 10.4.2 of the Official Plan and Section 4,2 of the BowmanvilJe West Main Central Area Secondary Plan indicate 603 REPORT NO.: PSD-120.Q3 PAGE 4 that the 40,000 sq. ft, cap on retail and personal service floorspace may only be increased after a comprehensive review of the Official Plan. 5.3 The Clarington Official Plan currently designates the collector road extension of Uptown Avenue through the subject lands. According to the applicant, the location of Uptown Avenue cannot be accommodated within the proposed development concept. As such, the Clarington Official Plan amendment also seeks approval to delete Uptown Avenue from within the subject lands and relocate this collector road extension north of the subject lands. This matter is also addressed in the proposed Clarington Official Plan amendment contained in Attachment 2, 6.0 ZONING BY-LAW CONFORMITY 6.1 The property is currently zoned "Agricultural (A) Zone", which does not permit retail commercial uses. In order to permit the proposed development, a rezoning application was submitted for consideration. 7.0 PUBLIC NOTICE AND SUBMISSION 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and three public meeting notice signs were installed on the property. 7,2 No general inquiries have been received on these applications to date. 8.0 AGENCY COMMENTS 8.1 The application has been recirculated to the following agencies for comment. . Clarington Engineering Services Department . Clarington Emergency Services Department . Durham Regional Planning Department . Durham Regional Public Works Department . Durham Regional Police Services . Central Lake Ontario Conservation . Hydro One Networks Inc. . Kawartha Pine Ridge District School Board Due to the complexity of the application, revised comments from these agencies have not been received to date. 9.0 COMMENTS 9.1 PricewaterhouseCoopers (PwC) were retained by the Municipality of Clarington in late May 2003 to undertake the retail market impact study and limited commercial policy review. Data collection was undertaken in June and July and 604 , REPORT NO.: PSD.120.Q3 PAGE 5 a meeting was held in late July to introduce the consultant and the objectives of the study to all relevant stakeholders. The objectives are as follows: 1. The retail thresholds for the Bowmanville West Main Central Area are being reviewed to determine their appropriateness, 2. A determination of available retail market must be indicated for the proposals, 3. An appropriate phasing plan must be prepared if insufficient market exists. 4. The report must examine the impact of the proposals on existing and proposed retail areas both within and outside of Clarington, with special emphasis being placed on downtown retail areas. PWC released its background data and base research results to all stakeholders for review on September 2, 2003. The information included a retail f100rspace inventory for Clarington, results of the Downtown Bowmanville on-street survey, license plate surveys, results of a Clarington telephone consumer survey, and income and population statistics, A second stakeholder meeting was held on September 24, 2003 to review the information and achieve consensus among all parties on the baseline information. Further stakeholder meetings will be scheduled to review PwC's study assumptions. Staff anticipate the study to be completed in 2003. 9.2 Both proposals by Valiant Property Management and Metrus deviate substantially from the Municipality's vision for development in the area, The Bowmanville West Main Central Area Secondary Plan is based on grid street pattern, where Highway 2 provides the main east west artery linking West Bowmanville with East Bowmanville. Clarington Boulevard was established to provide the main north south linkage within the area, which would accommodate street oriented development. The Urban Design Plan refers to these lands as the Clarington Blvd. Commercial Mainstreet. The Cineplex Odeon Theatres, East Side Mario's, Kelsey's and Scotiabank have been developed in accordance with these policies. The proposals submitted both by Valiant and Metrus accommodate big box stores. Valiant proposes an 83,900 tt2 Home Depot and 15,200 fe garden centre along the western edge of Clarington Boulevard with a 13.8 meter setback from the roadway. A further 66,650 ff are proposed at the northwest corner of the site. Three stand-alone buildings are shown along Highway 2 totalling 23,000 ft2. There is no attempt to address Clarington Boulevard as a commercial street. With the relocation of Uptown Avenue. the grid network of streets is disrupted and the necessary secondary street system running parallel to Highway 2 is eliminated. Larger development blocks are proposed, 9.3 This proposal, together with the application by Metrus, proposes significant changes for development in the Bowmanville West Main Central Area and the commercial structure of the Clarington Official Plan. Issues that will require comprehensive review prior to final consideration of these two proposals include: 605 . REPORT NO.: PSD-120-03 PAGE 6 i) Retail Market Studv The combined applications seek to expand the West Main Central Area boundary, and introduce an additional 51,700 m2 of retail floor space based on the existing Clarington population. The current policies permit 27,000 m2 of commercial floor area based on a Clarington population of up to 78,000 persons and 41,000 m2 of commercial f100rspace for a Clarington population up to 94,000 m2, The applications would exceed the f100rspace limitation, however, the Secondary Plan provides opportunity for a review of the retail threshold limits established in the Plan to determine if consumer expenditure patterns have changed significantly from the time of the Plan. i1) Transportation The two applications propose to eliminate Uptown Avenue as an east- west collector road connection from Clarington Blvd. to the west limits of the Bowmanville urban boundary. In addition, the Metrus application proposes to delete a section of Boswell Avenue, the north-south collector road north of Highway 2, at the west limit of the urban area. iii) Timinq of Road Infrastructure The existing road infrastructure, supporting the West Main Central Area needs to be reviewed in consideration of the proposed applications submitted, This review includes consideration of the need and timing of the Green Road extension from Boswell to Baseline Road, extension of Longworth Avenue to Green Road, widening of Regional Road 57 at the Canadian Pacific Railway, improvements to intersections within the Central Area to accommodate traffic associated with the proposed applications and construction of existing roads to complete the required grid road network, iv) Urban Desiqn The current policies of the Clarington Official Plan promote transit supportive development and require street-front oriented development. Clarington Boulevard is intended to be a primary retail area providing a pedestrian-oriented commercial mainstreet experience, The proposal does not comply with this principle, The urban design framework is proposed to change through the elimination of the finer grid of public streets in favour of larger development sites. In addition buildings were to be configured to a minimum of 60% of the street frontage on Highway 2. Review of the urban design framework, principles and policies necessitated in consideration of the current proposals. v) Interlace and Connection to Residential Development The Brookhill Neighbourhood is located to the north and west of the subject lands. At present, a subwatershed study is underway, and a 606 , REPORT NO.: PSD-120.Q3 PAGE 7 neighbourhood design plan exercise is scheduled to commence in 2004. A critical element for the proposed amendments to the West Main Central Area and the neighbourhood design plan will be the interface between commercial and residential and institutional uses. For example, the Valiant proposal would have the rear of the Home Depot store with its loading areas across from the new $25 million Bowmanville High School. vi) Safety The Bowmanville Fire Station is located between Uptown Avenue and Highway 2. The Metrus and Valiant proposal to eliminate Uptown Avenue and the potential volumes of traffic generated by these developments, particularly in the absence of a completed grid of public roads, could compromise the response times of the fire vehicles serving Bowmanville, 9.4 The Clarington Official Plan requires that a comprehensive review of the Plan be undertaken prior to exceeding the 40,000 sq. m. f100rspace limit established by the Plan. The combined potential of these applications should not be considered prior to a comprehensive review due to their scale and impact on the overall commercial hierarchy for Clarington and the major change in planning framework represented by big box stores, Staff had not anticipated initiating such an exercise until the review of the Durham Regional Official Plan had been finalized. Staff will prepare a separate report to Council on this issue with respect to the timing and scope of the Official Plan Review. 9.5 The applicant had submitted a draft plan of subdivision for the original application, which would have created Uptown Avenue as part of the development. Since the applicant no longer proposes Uptown Avenue within the development, this application has been withdrawn. 9.6 The magnitude of the issues posed by the Metrus and Valiant applications and the existing workload will necessitate consulting assistance to staff for both specialized advice (transportation, retail market and urban design) and for planning project management. It is recommended that Council request the proponents to fund the consultant team needed to deal with these applications. 10.0 CONCLUSIONS 10.1 As the purpose of this report is to satisfy the requirements of the Public Meeting under the Planning Act, and taking into consideration all of the comments received, it is respectfully recommended that this report be referred back to Staff for further processing and the preparation of a subsequent report. Attachments: 607 REPORT NO.: PSD-120.Q3 PAGE 8 Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Amendment to the Clarington Official Plan Attachment 3 - West Bowmanville Composite Plan Interested parties to be notified of Council's decision: Robert Hann Valiant Property Management 177 Nonquon Road 20th Floor Oshawa, ON L 1 G 3S2 Stanley Stein Osler, Hoskin & Harcourt Box 50 First Canadian Place Toronto, ON M5X 1 B8 Lynda Townsend-Renaud Suite 100 2896 South Sheridan Way Oakville, ON L6J 7G9 Marvin Green River Oaks Group 23 Lesmill Road Suite 401 North York, ON M3B 3P6 Bryce Jordan Sernas Associates 110 Scotia Court Unit41 Whitby, ON L 1 N 8Y7 Jim Russell 18A Fairway Drive Newcastle, ON L 1 B 1 B3 Ron Hooper Bowmanville Business Improvement Area P.O. Box 365 Bowmanville, ON L 1 C 3L 1 John Shewchuk Royal LePage Frank Real Estate 39 Temperance Street Bowmanville, ON L 1 C 3A5 Peter Smith Bousfield, Dale-Harris, Cutler & Smith Inc, 3 Church Street Suite 200 Toronto, ON M5E 1 M2 Steve Zakem Aird & Berlis BCE Place Suite 1800, Box 754 181 Bay Street Toronto, ON M5T 2T9 608 ATTACHMENT 1 ~ Cl Ig I Iz I~ CJ I I L CI\U'''' BUUllNGAREA: ~~~..n~~JfJ,I.F~ Cl a: <( ~II :); Oi I llJi . . . . . E. I-tIGl-tl'" -.......; VV4y -.......; -.......; -.......; -.......; ----J Bowmanvllle Key Map COPA 2002-009 Clarington Official Plan Amendment ZBA 2002-025 Zoning By-law Amendment Owner: Valiant Property Management 6,9 PURPOSE: BASIS: ACTUAL AMENDMENT: ATTACHMENT 2 PROPOSED AMENDMENT TO THE CLARINGTON OFFICIAL PLAN The Amendment implements the following changes: " An allocation of retail floor space from the second threshold is made to the vacant lands designated retail commercial on the north side of King Street through an amendment to Section 5.2.4 of the Bowmanville West Main Central Area. . Uptown Avenue IStreet "H" is realigned between Green Road and Clarington Boulevard with related adjustments to private streets. The amendment is based on an application submitted by Valiant Property Management (COPA 2002-009 revised). The Clarington Official Plan is hereby amended as follows: i) By amending Map A3 Land Use: Bowmanville Urban Area as shown on Exhibit "1". ii) By realigning a collector road on Map B3 - Transportation: Bowmanville Urban Area as shown on Exhibit "2". The Bowmanville West Main Central Area Secondary Plan, being a portion of the Clarington Official Plan, is hereby amended as follows: i) By deleting the opening sentence of Section 5.2.4{c) and replacing it with the following: "c) A critical mass of retail and personal service development was established through an initial allocation of the first (27,000m2) retail threshold within the West Main Central Area. The second threshold (41,000m2) may be developed upon achieving a Clarington Population of 78,000. The 610 IMPLEMENTATION: INTERPRETATION: - 2- allocation of the second threshold which builds upon the initial allocation shall be as follows;" ii) By deleting subsection 5.2.4(c)(ii) and replacing it with the following: "ii) 17,610m' on the land north of King Street/west of the Garnet B. Richard Recreation Complex and east of Green Road; and iii) by amending Map A Land Use: Bowmanville West Main Central Area Secondary Plan as shown on Exhibit "3". 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. 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. 61 I EXHIBIT "1" AMENDMENT No. TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN, MAP A3, LAND USE, BOWMANVILLE URBAN AREA I !~ @ Pl :l~ ~~ o - [G~"'\(i,l '.F.'~;';'r;.,.. D D Bill ~ - . . * @ --- URBAN BOU NDARY ~ D I@I I@I - - FUTURE URBAN RESIDENTIAL URBAN RESIDENTIAL MEDIUM DENSITf RESIDENTIAL HIGH DENSITY RESIDENTIAL MAIN CENTRAL AREA LOCAL CENTRAL AREA NEIGHBOURHOOD COMMERCIAL D ~ ~ HIGHWAY COMMERCIAL AGGREGATE EXTRACTION AREA '-.;./ 8 " j;; .~ ~ w m " . STREET @ 52"'11 "I ::It . : .~: ,ii . ',7/." ,.- _-_.'.iri;ii1~ ,-, . PRESTIGE EMPLOYMENT AREA LIGHT " PUBLIC INDUSTRIAL AREA SECONDARY SCHOOL GENERAL ~ SEPARATE INDUSTRIAL AREA SECONDARY SCHOOL UTlLlTf ~ PRIVATE SECONDARY SCHOOL ENVIRONMENTAL ~ PUBLIC PROTECTION AREA ELEMENTARY SCHOOL GREEN SPACE ~ SEPARATE ELEMENTARY SCHOOL WATERFRONT GREENWAY 0 PRIVATE ELEMENTARY SCHOOL COMMUNITf PARK -- SECONDARY PLANNING AREA DISTRICT PARK .------ SPECIAL POLICY AREA NEIGHBOURHOOD PARK ......... SPECIAL STUDY AREA TOURISM NODE 4= GO STATION b i {~ EXHIBIT "2" AMENDMENT No. TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN, MAP B3, TRANSPORTATION, BOWMANVILLE URBAN AREA f Q 200 -400 {,(lQ aoo m "" " F', ~-- I, -,.. . I ! I ! . :t. 0' S:! ffi~ m.~ ..\I: - 0 .....;:;;;.-.. :1' l! :1 =. . . I . I - """ ^ AAIU<W. LAKE ON];4RIO - MAP 83 TRANSPORTATION BOWMANVlLLE URBAN AREA omclAl PlAN MUNICIPAUIY OF CLARINGTON DECEMBER "". 2000 R[rtR TO SECTION 19 1=~~ucxJ:~~i;l "'_ ... _ URBN<! BOUNDARY _ ~ -_' fREIWAY ____ TYPE B NUERlAL EXIST1NG fUTURE e. Or \,J fllEt;WAy lNTERCIW<GE ....__...._......_.. T'l1"E C ARTE:RlAl COliECTOR ""'" ____'___ REGIONAllRANSfT SPIN( ..........~~ c: GO srAlION GRADE SEPARAllON ~.... 61,5 ~ ......:-..':, ,.t~ .~ '.. .~ " '. . --- SPECIAL POLICY AREA 1 +-~ ,... '" WEST MAIN CEN1W>.l. - . - AREA BOUNDARY 1''''fj~i~ MEIlIUM DENSITY .:+:.:.;.:.;.:.::.: REStDENTW. ==== HIGH DENSITY _ RESlDENl1AL _ RETAIL COlAL4ERCIAI.. 11III OFfICE COUMERCW. _ COMMUNITY FACIUTY ~.;....:.:j.J~ DMRONNENTAI... ,...1.IL' ~, PROTECTlON AREA H COML4UNITY PARK ~ NElGHBOURHOOO PARK _____ SPECIAL POUCY AREA 4= ~~noN SITE BOWIWMu.E WEST JoWN CENTRAL MFA . . . . . PEDEsTRIAN WI>U<WAY SECONDNlY PlAN DECEMBER 4, 2000 *' CONTAMINATED SrTE 1=~~~~~~1 ...... OJ o ~-I ~O )>-1 ZI <m F;:;: me "~Z mO cn'"O -I)> r s::-)> )>~s:: ZOm O"TlZ moo ZrS:: -I)>m JJJJZ )>--1 rZz )>(;)0 JJ -I . mO )>Z " 0 C/)"Tl m"Tl 0- 00 Z)> or )>'"0 JJ~ -<Z '"0" r )> Z m X I OJ -I v5 . ':T'- J , -- '~JJ ". 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