HomeMy WebLinkAboutPSD-034-19Clarbgton
Staff
Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Joint Committees Report Number: PSD -034-19
Date of Meeting: September 9, 2019 By-law Number:
Submitted By: Faye Langmaid Resolution #: PD -094-19
Acting Director of Planning Services
Reviewed By: Andrew C. Allison, CAO
File Number: RE 16.41
Report Subject: Declaration of Surplus Property at the Bowmanville Avenue
Westbound Exit from Hiahwav 401
Recommendations:
1. That Report PSD -034-19 be received;
2. That Council declare surplus approximately 587 square metres of the property identified
as Part 1, 2 and 12 on plan 40R-22625 and shown in Figure 1 of Report PSD -034-19;
3. That the property be transferred to Bowmanville Creek Development Inc. and appropriate
enhancements be included in the site plan agreement; and
4. That all interested parties listed in Report PSD -034-19 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report PSD -034-19
Report Overview
Page 2
The Municipality is in discussion with Bowmanville Creek Development Inc. (Torgan) the owner
of a commercial property at Highway 401 and Bowmanville Avenue. To facilitate their project,
Torgan has requested that the adjacent Municipal lands be incorporated into their
development. A portion of these lands were previously given by Torgan to the Municipality.
The remainder was given by the adjacent Shell station when it developed. To dispose of
Municipally owned properties they must be declared surplus.
1. Background
1.1 Interest has been expressed by Bowmanville Creek Investments Inc. (Torgan) in the
acquisition of 587 square metres (0.14 acres) to be used in conjunction with their
properties to the east and north for commercial development (Attachment 1). The
requested parcel of land is on the north side of the 401 westbound exit ramp to
Bowmanville Avenue shown in Figure 1 (next page).
1.2 The commercial development proposed by Torgan will be the subject of a future Site
Plan amendment application.
1.3 Baw 2011-11, being a by-law to establish procedures governing the sale of real
p erty, states that from time to time Council may propose the sale of land providing
th
It is declared surplus;
At least one appraisal or letter of opinion of fair market value of the land to be
sold from a qualified appraiser is obtained; and
Notice is given to the public by publication or an advertisement and/or posting on
the Municipality's website.
FIFImTFIF]
Municipality of Clarington
Report PSD -034-19
i
BASELINE ROAD WEST
A�
Shell
Tim Hortons
-
db It
"PAW �. e
3
k Bowmanville`
- " Creek
` w Developments
z
W
a
I J .
J
Hyundai Q 4
�.� m
Page 3
Figure 1 — Key Map showing lands at the westbound exit ramp from the 401 to
Bowmanville Avenue to be declared surplus
Municipality of Clarington
Report PSD -034-19 Page 4
2. Next Steps
2.1 The lands being requested were gratuitously conveyed to the Municipality for the
purpose of installing a "Welcome to Bowmanville" sign near Highway 401. The sign has
since been constructed on Bowmanville Avenue at Waverley Road. The lands were
gratuitously conveyed to the Municipality as part of the Site Plan approvals for the Shell
station and the Torgan commercial development that has not yet been constructed.
The logical owner for these lands would be the adjacent property owner (Torgan).
2.2 Torgan will be responsible for ensuring any proposal for the lands conforms with the
Official Plan and Zoning By-law or seek approval of the required amendments. Notice
of the proposed transfer would be given on the Municipal website.
3. Concurrence
3.1 This report has been reviewed by the Director of Engineering Services and the
Municipal Solicitor who concur with the recommendations.
4. Conclusion
4.1 The lands were gratuitously conveyed to the Municipality as part of the Site Plan
requirements for the adjacent properties. Torgan is proposing to acquire
approximately 587 square metres to consolidate with their other lands for a
commercial development. Given that these lands are no longer required by the
Municipality, it is recommended that the lands be declared surplus and that staff be
authorized to negotiate appropriate arrangements with Torgan as part of their
forthcoming Site Plan application.
Staff Contact: Paul Wirch, Senior Planner 905-623-3379 ext.2418 or pwirch(c)_clarington.net
Attachment 1 —Torgan letter of August 22, 2019
Attachment 2 — Confidential Memo — Distributed under separate cover
The following is a list of the interested parties to be notified of Council's decision:
David McKay, MHBC Planning
Ornella Richichi, Torgan
FIFImTFIF]
August 22, 2019
Paul Wirch, MCIP, RPP
Senior Planner
Planning Services Department
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
L1C 3A6
Dear Mr. Wirch:
KITCHENER
WOODBRIDGE
LONDON
KINGSTON
BARRIE
BURLINGTON
RE: REQUEST TO DEEM MUNICIPAL LAND SURPLUS BY THE TORGAN GROUP
NORTHEAST CORNER OF BOWMANVILLE AVENUE AND HIGHWAY 401 OFF -RAMP
OUR FILE: 18388B
On behalf of our client, The Torgan Group, please accept this request to the Municipality of
Clarington to deem the lands located at the northeast corner of Bowmanville Avenue and the
Highway 401 off -ramp as surplus such that the lands can be transferred back to our client. The
requested lands (in red) are legally described as Parts 1, 2 & 12 on Plan 40R-22625, as shown
below.
230-7050 WESTON ROAD / WOODBRIDGE / ONTARIO / L4L 8G7 / T 905 761 5588 / F 905 761 5589 / WWW.MHBCPLAN.COM
In 2006, these lands were subject to a previous development application. At that time, the
Municipality requested these lands be transferred to them for the purposes of installing
municipally related signage. The lands currently remain vacant and it our understanding that
they are no longer needed for municipal purposes.
As you are aware our client is pursuing the development of the western portion of their lands
with a revised application for retail commercial purposes. The surplus lands would be
integrated into this proposal, with appropriate regrading and installation of landscaping
commensurate with the proposed retail commercial development. A conceptual treatment as
integrated with the retail commercial development in this area of the site is shown below and
would include a variety of deciduous and coniferous trees, shrubs and flowering plants which
will beautify this gateway area into Bowmanville.
FL.
We look forward to a positive decision from the Municipality on this matter. Please feel free to
contact myself or our client directly as required.
Thank you.
Yours truly,
MHBC
Dave.aanartner
MLAI, MCIP, RPP
V
cc: Ornella Richichi, The Torgan Group
2
❑ ❑❑❑®❑❑