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Home My WebLink AboutPSD-087-07 Cl~_n REPORT 113 REPORT PLANNING SERVICES Meeting: COUNCIL ~o\ v-\-1on: 8 3b~ -01 Date: Monday, June 25, 2007 Report #: PSD-087 -07 File #'s: ZBA 2006-032 and By-law #: ~oo,-11o LJ- SPA 2006-0043 Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: LABNO DEVELOPMENTS CORPORATION RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report PSD-087-07 be received; 2. THAT the application submitted by Labno Developments Corporation to remove the Holding (H) symbol from the lands identified as 570 Longworth Avenue on the northwest corner of Liberty Street North and Longworth Avenue, 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: /~ Reviewed by:\-.-/ ~~-C~~ David rome, M.C.I.P., R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer DJ/COS/DJC/df June 18, 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-087-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Labno Developments Corporation 1.2 Agent: Humphries Planning Group Inc. 1.3 Rezoning: Removal of “Holding (H)” symbol 1.4 Location: 570 Longworth Avenue, Bowmanville (Attachment 1) 2.0 BACKGROUND 2.1 On December 05, 2006, Staff received an application from Humphries Planning Group, on behalf of Labno Developments Corporation for the removal of the “Holding (H)” symbol for the subject lands at 570 Longworth Avenue in Bowmanville. The removal of the holding symbol would permit the development 2 of a 2734.9 m commercial plaza consisting of a Shoppers Drug Mart, four additional shops, a bank and a street related building along Liberty Street. 3.0 STAFF COMMENTS 3.1 The proposed development is located within the Knox Neighbourhood Planning Unit, on the northwest corner of Liberty Street North and Longworth Avenue. 3.2 The Clarington Official Plan designates the property “Neighbourhood Centre” which permits the proposed commercial development. The designation permits a 2 maximum of 5000m of retail commercial floor space. The Plan also requires a public square. 3.3 The site is presently zoned “Holding – General Commercial Exception ((H)C1- 38)”. The zoning permits a wide range of commercial uses within a shopping centre format, including eating establishments, retail commercial establishments, shopping centre, a bank, and a convenience store. 3.4 The Holding provision is being used to ensure that prior to development, a site plan is approved. The applicant submitted a site plan application for a commercial plaza on the site simultaneously with the removal of the holding symbol. After four submissions, the site plan process is near completion and only the following minor issues remain outstanding. ? Cost estimates for landscaping and engineering works must be finalized; and ? The finalization of the architectural design of the buildings. 3.5 Staff is satisfied with how the applicant is meeting our standards of site and building design through the Site Plan process. To expedite the development which is anticipated to be site plan approved during the summer recess, Staff REPORT NO.: PSD-087-07 PAGE 3 request Council to proceed with the removal of the Holding symbol on the site prior to the execution of the site plan agreement. Staff will ensure that the following matters are addressed by the developer to the satisfaction of the Municipality: ? The applicant will execute a site plan agreement, which governs site development, building form, landscaping works, and lighting. Financial securities for landscaping works, entrance and sidewalk construction will be administered through this agreement. ? The applicant has satisfied the specific urban design requirements through the building elevations and street orientation, which include special exterior treatment, building articulation, and screening of all rooftop mechanical units. ? The site development will include the provision of a public square on the corner of Longworth Avenue and Liberty Street North, in accordance with Official Plan policy. 3.6 The approval of a by-law to remove the holding symbol is appropriate at this time. 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. 4.0 CONCLUSION 4.1 In consideration of the comments noted above, 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). 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: Labno Developments Corp. Humphries Planning Group Inc. REPORT NO.: PSD-087-07 INTERESTED PARTIES LIST Name Company Address City Province Postal Code Sebastian Labno Labno Developments 3939 Duke of York Blvd. Mississauga, ON Corp. SPH 27 L5B 4N2 Rosemarie Humphries Planning 216 Chrislea Road, Woodbridge, ON Humphries Group Inc. Suite 103 L4L 8S5 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 2006-032; 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 – General Commercial Exception ((H)C1-38) Zone” to “General Commercial Exception (C1-38) Zone”. 2. 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