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Home My WebLink AboutPSD-126-03 , .. Cl~-!lJgron Meeting: Date: REPORT PLANNING SERVICES PUBLIC MEETING I GENERAL PURPOSE AND ADMINISTRAlnON COMMITTEE "D1'f (}Pp,~4:oq~o.3 Monday, October 6, 2003 Report #: PSD-126 -03 , Files #: ZBA 2003-04~ By-law #: Subject: i REZONING APPLICATION TO DELETE ~EQUIREMENT FOR SUPERMARKET APPLICANT: LOBLAW PROPERTIES LIMITED 2375 Highway 2, Bowmanville RECOMMENDATIONS: It is respectfully recommended that the General Purp<)se and Administration Committee recommend to Council the following: 1. THAT Report PSD-126-03 be received; 2. THAT the application submitted by Loblaw Prof:1erties Limited 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: D Id Dire rome, M.C.I.P.,R.P.P. lanning Services Reviewed by:(J ~0~ nklin Wu Chief Administrative Officer RH.DC.sn September 30, 2003 CORPORATION O~ THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L, C 3A6 T (905)623-3379 F (905)623-0830 652 REPORT NO.: PSD-126.Q3 Page 2 1.0 APPLICATION DETAILS 1,1 Applicant: Loblaw Properties Limited (Loblaws) 1.2 Agent: Bousfield Dale-Harris Cutler Smith Inc. 1.3 Rezoning: To delete the provision in the "General Commercial Exception (C1-14: Area A) Zone" that requires the construction of a supermarket containing at least 3,000 m2 of leasable total floor area as a condition of permitting other non-residential uses within a plaza, 1.4 Site Area: 2.44 hectares 2.0 LOCATION 2.1 The subject lands are located at 2375 Highway 2 at the southeast comer of Highway 2 and Green Road in Bowmanville (See Attachment 1). The applicant's land holdings total 2.44 hectares (6.03 acres). The property is located within Part Lot 16, Concession 1, in the former Township of Darlington. 3.0 BACKGROUND 3,1 On February 7, 2003, West Diamond Properties and Players Business Park submitted a revised application that included a 15,235 sq.m. new format Loblaws to be constructed on the northwest corner of Green Road and Durham Highway 2, If approved, the existing Loblaws store on the southeast corner of Green Road and Durham Highway 2 would be closed. 3.2 On August 29, 2003, Staff received a rezoning application from Bousfield Dale- Harris Cutler Smith lnc, on behalf of Loblaws to delete the provision in the "General Commercial Exception (C1-14: Area A) Zone" that requires the construction of a supermarket containing at least 3,000 m2 of total leasable floor area as a condition of permitting other non-residential uses within a plaza. It could be argued that without a supermarket being present in the Clarington Centre plaza, the entire plaza would be required to. cease operation until the supermarket function resumes. This provision of the zoning was enacted to require the construction of a supermarket and a department store as a pre-condition for other commercial uses. The purpose of this regulation was to ensure that the major anchors would be built in order to recapture a large portion of the outflow of Clarington resident expenditures, as indicated in the evidence provided at the Ontario Municipal Board hearing. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The property currently contains a 45,000 1f supermarket. The site is generally flat and slopes upwards to the intersection of Highway 2 and Green Road. 653 REPORT NO.: PSD-126.Q3 Page 3 4.2 Surrounding Uses: East: North: West: South: Clarington Centre Vacant land subject to proposed 200,000 fe commercial development Urban residential Clarington Centre 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 200,000 ft2 of retail commercial floors pace has been allocated to the Clarington Centre development. The proposed use 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 requires the construction of a supermarket as part of the Clarington Centre plaza. A rezoning application was submitted. 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 two public meeting notice signs were installed on the property. 7.2 As of the writing of this report, a general inquiry has been received from an adjacent landowner. 8.0 AGENCY COMMENTS 8,1 The Clarington Engineering Services Department has no objections to the application provided that the applicant enters into a site plan agreement for the development. 8.2 Comments have not been received from the Durham Region Planning Department to date, 9.0 COMMENTS 9.1 Loblaw Properties Limited owns their site within the Clarington Centre plaza development and maintains joint access and servicing arrangements over the remaining plaza site owned by Valiant Property Management. Loblaws is seeking approval for a new 165,000 tf supermarket within the West Diamond 654 , REPORT NO.: PSD.126.Q3 Page 4 Properties/Players Business Park site at the northwest comer of Green Road and Highway 2. Should they receive approval to develop a supermarket on the north west corner of Green Road and Highway #2, Loblaws would vacate their current location. Their intention currently is to retenant the existing floors pace with retail uses and not another supermarket banner. The purpose of the application is to ensure that there is no legal impediment to relocating Loblaws to another site, 9.2 Removal of the supermarket as an anchor tenant may have a significant impact on the function and viability of the Clarington Centre plaza, which is of concern to Valiant Property Management (Valiant), the owner of the balance of the Clarington Centre development. 9.3 Staff are advised that Loblaws has a restrictive covenant registered on title preventing other retailers from selling food within Clarington Centre, This restrictive covenant is part of the arrangements made between Loblaws and Markborough Properties Inc. The obligations of the latter party have now been assumed by Valiant. The restrictive covenant by these parties, especially a non-competition clause, should not be the basis of land use planning decisions, Council may determine that it is important for a supermarket to remain at the Clarington Centre development. The impact of losing the supermarket will be reviewed by Pricewaterhouse Coopers as part of the retail market study for the West Bowmanville commercial proposals, 10.0 CONCLUSIONS 10.1 The purpose of this report is to satisfy the requirements of the Public Meeting under the Planning Act. After hearing 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 655 , REPORT NO.: PSD-126-03 Page 5 Interested parties to be notified of Council's decision: Peter Smith Bousfield, Dale-Harris, Cutler & Smith Inc. 3 Church Street Suite 200 Toronto, Ontario M5E 1 M2 Mario Fatica Loblaw Properties Limited 22 St. Clair Avenue East 2nd Floor Toronto, Ontario M4T 2S5 Robert Hann Valiant Property Management 177 Nonquon Road 20th Floor Oshawa, Ontario L 1 G 3S2 656 ATTACHMENT 1 I Lot 16, Concession 1 o <( ~ z w w a:: Cl o a:: ~ w ..I ::l o [ III Z ~ Cl z ii! :s o " PRINCE WILLIAM BOULEVARD - ~- ( " ~ Bowmanville Key Map " Lj'" z " " 0 ~ > u I STEVfNS ROAD ZBA 2003-043 Zoning By-law Amendment lREWIN ~ Applicant: Loblaw Properties Ltd. ~ Other Lands Zoned C1.14 GU ~ g 6[d