HomeMy WebLinkAboutPSD-049-07
Cl~mglOn
REPORT
PLANNING SERVICES
Meeting:
SPECIAL COUNCIL MEETING
Date:
Monday, April 23, 2007
Report #: PSD-049-07
File #: ZBA 2007-0014
By-law #:
Subject:
APPLICATION FOR REMOVAL OF HOLDING SYMBOL
APPLICANT: HALLOWAY HOLDINGS LIMITED
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
1. THAT Report PSD-049-07 be received;
2. THAT provided that Halloway Holding Limited has executed the Site Plan
Agreement and the Subdivision/Consent Agreement with the Municipality, that
the application submitted by Halloway Holdings Limited to remove the Holding
(H) symbol from the lands identified as Parts 1, 2,3,4,10,11,12.15,16,17,19,
20, 21, and 22 on Reference Plan 40R-24257 and a portion of Parts 5, 9, 13, and
14 on Reference Plan 40R-24257 be APPROVED and that the attached by-law
be passed; and
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
D vid . Crome, M.C.I.P., R.P.P.
Director, Planning Services
Reviewed bQ ~.--J~
Franklin Wu
Chief Administrative Officer
RH/COS/DJC/df
April 20, 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-049-07
PAGE 2
1.0 APPLICATION DETAILS
1.1
1.2
1.3
Applicant:
Rezoning:
Location:
Halloway Holdings Limited
Removal of "Holding (H)" symbol
Part of Lot 16, Concession 1, former Township of Darlington
(Attachment 1)
2.0 BACKGROUND
2.1 On February 23rd, 2007, Staff received an application from Halloway Holdings
Limited for the removal of the "Holding (H)" symbol on Parts 1 to 17 on
Reference Plan 40R-24257 and Parts 19 to 22 on Reference Plan 40R-24257.
The removal of the holding symbol would permit the development of a 9,164 m2
home improvement store and 1,629 m2 outdoor garden centre as well as a 929
m2 seasonal garden centre on the subject lands.
3.0 STAFF COMMENTS
3.1 The proposed development is located within the West Bowmanville Town Centre
at 120 Clarington Boulevard. Policies have now been approved by the Ontario
Municipal Board to permit approximately 55,000 m2 of additional retail and
personal service floorspace in the form of street-related and large format
commercial development to proceed.
3.2 Prior to approval of commercial development on the subject lands, Halloway
Holdings Limited entered into the Principles of Understanding with Municipality,
which outline the requirements that the applicant must fulfil for development to
proceed on the subject lands. The document outlines the planning procedures,
special conditions, the construction of Stevens Road, and financial obligations for
approval of development.
3.3 The portion of the subject property proposed for development is presently zoned
"Holding - Large Format Commercial Exception ((H)C8-3) Zone", "Holding -
Large Format Commercial Exception ((H)C8-4) Zone", and "Holding - Street-
Related Commercial Exception ((H)C9-3) Zone". Specific policies for the
Bowmanville West Town Centre Secondary Plan permit the use of holding
symbols. In addition, the Principles of Understanding also contain procedures
and obligations that must be fulfilled prior to Council considering removal of the
holding symbol. The applicant must therefore address the following matters to
the satisfaction of the Municipality:
. A consent application to sever the home improvement store lands from the
remaining property owned by Halloway Holdings Limited was approved. A
REPORT NO.: PSD-049-07
PAGE 3
condition of the consent is that the applicant shall enter into a
subdivision/consent agreement.
. The subdivision/consent agreement is being finalized and will be executed
by the applicant. This agreement governs site servicing, off-site road
improvements on Clarington Boulevard and Stevens Road associated with
the development, streetscape improvements on Highway 2, payment
towards the construction of Stevens Road, a cash payment for the release
of the applicant's obligations to the Uptown Avenue extension, and
payments for the Newcastle and Orono Business Improvement Areas.
. The applicant must construct a private road on the subject lands over
which may be transferred to the Municipality once the property redevelops
intensively in the future.
. The applicant will execute a site plan agreement, which governs site
development, building form, landscaping works, and lighting. Financial
securities for landscaping works will be administered through this
agreement. Staff have also obtained landscape maintenance and snow
removal programs for the development. A cash-in-lieu of parkland
dedication payment will also be received from the applicant through this
agreement.
. The applicant has satisfied the specific urban design requirements through
the building elevations, which include special exterior treatment, building
articulation, and parapet walls to screen rooftop mechanical units.
. The applicant has demonstrated its commitment to obtaining a basic
LEEDS certification for the building.
. The home improvement store will provide an indoor bicycle storage area
for employees.
. An assumption agreement will be executed to ensure that the land holding
company for the home improvement store is bound by the relevant
provision all agreements once they retain ownership of their own property.
3.4 Similarly, within the Region's Official Plan, policies are in place noting that prior
to a local Municipality's passage of a by-law to remove a holding symbol, Council
is to ensure that:
. The development is consistent with the orderly and phased development
of the Municipality;
. The Owner has satisfied all of the requirements of the Municipality and
entered into any necessary agreements in that regard; and
. The Owner has satisfied all the requirements of the Regional Municipality
of Durham with respect to the provisions of sewer and water services,
regional roads and entered into any necessary agreements.
3.5 Halloway Holdings Limited, in conjunction with home improvement store, will
jointly construct a private road between Highway 2 and Stevens Road
approximately in the middle of the site and to construct an east-west drive aisle
abutting ScotiaBank between Clarington Boulevard and the private road. In
addition to removing the holding symbol from all lands to be transferred to the
REPORT NO.: PSD-049-07
PAGE 4
home improvement store, the proposed also removes the holding symbol from
those lands retained by the applicant to allow for the construction of the private
road and the aforementioned east-west drive aisle.
3.6 The approval of a by-law to remove the holding symbol is appropriate at this
time, as the provisions within the Municipality's and Region's Official Plan, as
well as the Principles of Understanding with the applicant, have been satisfied. It
will also allow a conditional building permit to be issued by the Chief Building
Official for the footing and foundation portion of the store.
3.7 It is noted that pursuant to Section 36 of the Planning Act, a by-law amendment
to remove the "Holding (H)" symbol is not subject to the normal appeal period
afforded to a standard rezoning application and accordingly shall be deemed final
and binding upon Council's approval.
3.8 Staff would note that the holding provision will be removed in phases for
development on the remaining portion of the applicant's lands.
4.0 CONCLUSION
4.1 In consideration of the comments noted above, provided that Halloway Holdings
Limited has executed the Subdivision/Consent Agreement and the Site Plan
Agreement, it is recommended that Council approve of the removal of the
"Holding (H)" symbol, as shown on the attached by-law and schedule
(Attachment 2), is recommended.
Attachments:
Attachment 1 - Key Map
Attachment 2 - By-law for Removal of "Holding (H)" symbol
List of interested parties to be advised of Council's decision:
Halloway Holdings Limited
Sernas Associates
MHBC Planning
,g
"S:
r::
..
~
III
...
..
:E
r::
o
:;
u
o
...J
~
..
...
o
~
D..
Attachment 1
rt PSD-049-0i'
To Repo __
E g
-~
c 0
~~
c "
o 0
-~
~c
c 0
'C <.l
o .
u~
"C
S
- "E
- 0 ::i
r:: .c
III E III
E :>. Cl
~ "C II) r::
.... r:: Cl ;;
0 CD
IT E r:: 0
.... <( ;; :t:
0 ~ '0 :>.
0 :t: ;
N ...
-; 0 .E
<( :>.
m IC 'iii 'iii
N Cl ~ :t:
r:: ;.:
'c E III
0 III r::
N a:: ~
-
a~Wi3ln08
N33~~
~
ii ~l
~~ w". 'e .l~Vd
; ~~ O'Cl9l"_
.'
" I -,
I "
..n";: '~,.~"':f"'"
-~
"f] -! I
"
"
;~ii;t I, I, ~
;;'lil! \ ~.
. :'~f~ . "
. ~l
:. ~l ~~ ~~ \
l. ;1 i
I~j i
i';Oi - . , "?' l~'~
~:li ..~
I,"
I ~_
L--t-=,:""",,
. "
. "
a~V~31n08
-\ ~,..
~=-
'\""~d't HI"'''
'Ll~'7~"';;1
N
-0
r::
<(
III
r::
o
.~
Ql
'"
e:
.0
U
e: "! I
Ql I~
,~ ,"
-'I.;::; I
I Ql :"
lID ."
I ~
'e:
J "'-
I s: I
Ig
1<(
'~
'0
10::
1-0
IQl
1a5
Ie.
10
Ie:
I:J
1
1
I
I
I
I
'Ii
Iii
.,
;
~~
u_
.
~.
~~.Ii
h, ~
N..,~" ~ . l
.".. I
:. ;:.
" .I .
,I
I.
I,
=. I;"".l~l
~
~ ..-......"
..
~ "!l
~ ,
,;
.
I~-;~dl
.
i
t!. /_'/
" ~I
~fll :;
ii!/ ~ C\f
:;"';; ~
~/...Si
-.J, ~
f/; iili'l/-t--' i5
~..~! .;::
./ i ....
j-r-;n ~
-ilg :E
1i:1 ;; ,..
/.1 2; S
.. 1 C
! 1
.:1~~11
~ ""'.; (/li:1j
1
~
Attachment 2
To Report PSD-049-07
---- -
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the former 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 Corporation of the former Town
of Newcastle to implement ZBA 2007-0014;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from: "Holding - Large Fonnat Commercial
Exception ((H)C8-3) Zone" to "Large Format Commercial Exception (C8-3)
Zone", "Holding - Large Fonnat Commercial Exception ((H)C8-4) Zone" to "Large
Format Commercial Exception (C8-4) Zone", and "Holding - Street-Related
Commercial Exception ((H)C9-3) Zone" to "Street-Related Commercial Exception
(C9-3) Zone".
2. Schedule "A" attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 34 and 36 of the Planning Act.
BY-LAW read a first time this
day of
2007
BY-LAW read a second time this
day of
2007
BY-LAW read a third time and finally passed this
day of
2007
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2007-
passed this day of ,2007 A.D.
---f~---------~~;;----------~;';'-----~_~--~~~~------~-----~~?,J:~~-~--~~j--
- I _n '. .n --~ \." ~ "'\- --'---r-i--"~--n
-T~;:,; - - I I
/ 'I" J Ii
, I I
! a I
i i a:: I
. I ~ I
LU I
..J I
::J I
Oil
aJ I I
: Cc..<E,soo"1
~'~1n." \
"II 1----
Z ~ 'U"lli'" I
"~IO I ",., \
. 0 ,";;;..liii-- I
:z : I
C2 : \
< ' I
..J ' I
II :1
I I
I I
I I
I
I
I
I
~
,.
j!'
--= .
...,.-
--
,
I222Zl Zoning Change From "(H)C8-4" To "C8-4"
~ Zoning Change From "(H)C8-3" To "C8-3"
~ Zoning Change From "(H)C9-3" To "C9-3"
Jim Abernethy, ~ayor
Patti L. Barrie, Municipal Clerk
J
CURINGTON CENTRAL
SECONOARr- SCHOOl.. '"
~
"""""8.
RlClWi'tJ
RECRE:4i1ON
COMPLEX
DuRI>oI"
~I(:HWA~ 2
"
"
"
I,
I,
, I
"
________J L______
.",
OUIU\M1HlGtlW",V1
~
nf
1\