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Home My WebLink AboutPSD-124-03 ...,~;., ; :...""""",~ ~-'"' q; CJ. U L~~ REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE "D I If G-PA-*,1 ..0 3 Monday, October 6,2003 Date: Report #: PSD-124-03 Files #: ZBA 2003-040 By-law #: 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-124-03 be received; 2, THAT the application submitted by Zellers Canada Limited on behalf of Valiant Property Management be referred back to Staff for further processing and the preparation of a further report following the receipt of all outstanding agency comments; and, 3, THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: av J. Crome. M.C.I.P.,R.P.P. Director, Planning Services Reviewed by: d ~ ~ Franklin Wu Chief Administrative Officer RH*CP*DC*sh September 30, 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 638 .' REPORT PSD-124.Q3 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. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4,1 The property currently contains the 18,309 m2 (197,087 ft2) Clarington Centre plaza, of which the Zellers department store occupies 8,361 m2 (90,000 ft2). The site is generally flat. 4.2 Surrounding Uses: East: Canadian Tire North: Commercial West: Commercial South: 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. 639 .' REPORT PSD-124.Q3 Page 3 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 f100rspace would exceed the site's allocation, Section 24,5 of the Official Plan permits minor f100rspace increases of up to 10%, 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 PUBLIC NOTICE AND SUBMISSION 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and four public meeting notice signs were installed on the property, 7.2 As of the writing of this report, no inquiries have been received. 8.0 AGENCY COMMENTS 8.1 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. 8.2 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. 8.3 Central Lake Ontario Conservation has no objections to the rezoning provided that sedimentation and erosion control plans are submitted for site plan approval. 8.4 Hydro One Networks Inc. has not provided any comments to date, 9.0 COMMENTS 9,1 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 640 I' : REPORT PSD-124.Q3 Page 4 comprises two parts - Area A being plaza portion and Area B being the mainstreet portion (see Attachment 1). 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. 9.2 The applicant advises that the 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 floorspace 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 floorspace from the Clarington Boulevard Commercial Mainstreet. Accordingly, any consideration of this application will be made on the basis of additional f100rspace for the Clarington Centre. 9.3 The applicant has submitted an application for site plan approval (SPA 2003-037) to accommodate the building expansion, 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: Attachment 1 - Key Map Attachment 2 - Design Precincts - Urban Design Plan for West Main Central Area 641 .: REPORT PSD-124.Q3 Page 5 Interested parties to be notified of Council's decision: Andrew Glass Zellers Canada Limited 8925 Torbram Road Brampton, Ontario L6T 4G 1 Robert Hann Valiant Property Management 177 Nonquon Road 20th Floor Oshawa, Ontario L 1 G 3S2 642 ATTACHMENT 1 ~ ~ PARKING ~ LOBLAWS I I I I I I PARKINcI I PROPOSED I EXPANSION: AREA I c :., AREA "A" <( '" 0 ii: PARKING It: "' < Z '" '" W '" W It: e> RETAIL BLK 'B' PARKING ZELLERS - PRINCE WILLIAM BOULEVARD ( Bowmanville Key Map ~ "LJ' '" Z 0 o 0 1 ::Ii U ~ STDIENS ROAD '" ii: C It: ~ ~ ~ <( IFUTC~ 0 W RETAI ED It: L..J Z < 0 l- e> Z It: 5 (,) ----- z 1ET AI1 S 00 ~ ~ .. () z y: '" <( 0.. ~= '\ ~ ZBA 2003-040 Zoning By-law Amendment SPA 2003-037 Site Plan Amendment o , o ~ Owner: Valiant Property Management 643 ^O'~,810:::;' 8111t.l;D',lJOij .j.S8M 'l? oaJ\j IOJ.j.J0:J UtOV\ tSaM OIIlAUOWN,Oij :~JOMeWOJ~ u61sao uoqJn ATTACHMEHT 2 ..... .... n_.._.._n_n_.' ..-..-.-..-.. 6' ~ ~ 't Ct .. . ~ " t: '<; ~ a.. t: '" ';;; " Cl