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Home My WebLink AboutPSD-107-07 Cl!J!illglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 17,2007 ~~u}10'\~PA --54-1-0, Report #: PSD-107-07 File #: ZBA 2007-0028 By-Iaw#: dool- \ q Lj- Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: HALLOWAY HOLDINGS LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-107-07 be received; 2. THAT the application submitted by Halloway Holdings Limited to remove the Holding (H) symbol be APPROVED for a portion of Part 23 on Reference Plan 40R-24257; 3. THAT the attached by-law to remove the Holding (H) symbol be PASSED and a copy forwarded to the Regional Municipality of Durham; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. d'~f(),"", Reviewed by: - -'J--) "- Franklin Wu Chief Administrative Officer RH/COS/DJC/df/sh 10 September 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-107-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: 1.2 Rezoning: 1.3 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 June 25, 2007, Council approved a report for the removal of the "Holding (H)" symbol on Parts 6, 7, 8, and 18 on Reference Plan 40R-24257 and a portion of Parts 5, 9, 13, 14, and 23 on Reference Plan 40R-24257. The removal of the holding symbol would permit the development of three street-related commercial buildings along Durham Highway 2 totalling 1,959 m2 of retail commercial f100rspace as shown on Attachment 1. A site plan application (SPA 2007-0022) for approval of these three buildings is currently being finalized by Staff. 2.2 Through the approvals process, the proposed restaurant tenant in Building "0" will require parking in excess of the zoning standards contained in Zoning By-law 84-63. Therefore, Staff received a request from Halloway Holdings Limited on August 29th, 2007 for the removal of the "Holding (H)" symbol on a further portion of Part 23 on Reference Plan 40R-24257. The removal of the holding symbol would permit the additional parking area to be developed in association with the restaurant use contained in Building "0". 3.0 STAFF COMMENTS 3.1 The proposed development is located within the West Bowmanville Town Centre at 2372, 2378, and 2384 Durham Highway 2. 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 and financial obligations for approval of development. 3.3 On April 23, 2007, Holloway Holdings Limited and the Municipality of Clarington entered into a Subdivision/Consent Agreement, which dealt with the following matters: . Approval of the engineering drawings for on-site and off-site engineering work; . Financial securities for entrance and road works on Clarington Boulevard; REPORT NO.: PSD-107-07 PAGE 3 . Financial contributions towards the Newcastle and Orono Business Improvement Areas; . Construction of Private Road "C" through the property; and, . Payments towards the construction of Stevens Road, streetscape improvements on Durham Highway 2. The engineering approvals contained in this Agreement will continue to govern development on the subject lands. 3.4 The portion of the subject property proposed for development is presently zoned "Holding - Large Format Commercial Exception ((H)C8-3) 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: . 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 will obtain 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. 3.5 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. 3.6 Although a sufficient parking area is located beside Building "0", tenants often want more parking than required by municipal parking standards. Therefore, the applicant has requested to construct additional parking area to accommodate their tenant in Building "0". Staff have no concerns and support the request. 3.7 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, will be satisfied shortly. REPORT NO.: PSD-107-07 PAGE 4 3.8 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. 3.9 Staff would note that the holding provision will be removed in phases for development on the remaining portion of the applicant's lands. 3.10 The Finance Department has advised that taxes on the site are current. However, the Director of Finance advised that the invoice IVC0004193 for the legal fees for the Subdivision/Consent Agreement remains outstanding. 4.0 RECOMMENDATIONS 4.1 In consideration of the comments noted above, approval 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 Attachment 1 To Report PSD-107-07 ~ ~ e 'C co 0 S '> z "I i "e " ~ - 0 .. e 0 .!:! :::i ~ ~ Gl ~ ' C. a~'v'A31n08 NOillNI~VlO NOWNI~Vl::l E I'll"'" tIl co 'C ...10 Co Cl III ,0 < e II N e >oN - ~ ~ 0 Gl m< e '6 c. - 0 II 0 E ~N "0 .. ~ ~ ;;; Clm :E ~ ~ - I < ~ ~ ~ II .... eN lI..N :z:: " w 0 ~ .- - Glo >0 0 ~ ~ ~ ____J I 0 e e :!::'i' ; ;; 0 o Gl 0 N ...I CI)"," ~ 8 z N E u u ~ . ----, <( , ...0 .E - >0 ...'C 0 . II 00 ... ~ al m o e "I ii ~ '" II N Cl I'll Gl I'll < :z:: .. ~ II e l!! E l!!lI.. ;.: c. ~ .2 < < <CI) Gl e II 0 ~ m e l1. N ~ "'(" I,~ =t= II Ii! Ii' t'rt / !'" / y, 1 II I, ,1' C / I .~ 1 c I' Q) II >< ,I, UJ ~I i ~ ~ '" en ~ ~i ! &:: \ , I Q)>", ,I -I Q)., Ci5( !I Gl 01 ~ :1 .a 'I ::I il u.. Ii, I, <<I : ":;L I; 'lliiilI;iW ~!~ h:. ,.-. .-. =====:I,--__Ji 0\; ~ f/ . 7' liI,1 ~ ~I~ II o-u--n.,-;o-.::r-u-~ '0:".... UL""----~ l] a~\f^31n08 NO.lDNI~\fl::) .;;;;.,.,,"""...;,.,..- k Q k 'cs,,~ .r-,_____~*-.----- ~;;;~ 'I I I , , I I I I ~ """".~..-'.~- 'I' Ii , i/ '1/ 11,' ,/'/1',- ;/:1' ii' '", 1@ i '" l~ !; OJ ..J "'l!"'...... u~~ ~! ~h~ ~! . 0" , ~ Attachment 2 To Report PSD-107-07 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 2007-0028; 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 Fonmat Commercial Exception ((H)C8-3) Zone" to "Large Fonmat Commercial Exception (C8-3) 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 Sections 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 Abemethy, Mayor Patti L Barrie, Municipal Clerk This is Schedule "A" to By-law 2007- , passed this day of . 2007 A.D. 1'-\ ':.!" \,'- C""',,,,",,," I'>'>" ... I"'" -------- .-- ~ . ; .: ~I:..: -; ~ . Cl 0:: ~ w j...J - ::Jf'f;*, , , g ~ ~ q - I I Z p 1_ 0 ~iJ ----1-" _ : I- - Cl I '1 Z Ii '- II l ~ ~l 01 C=I~21!l1:t' - ~~-! :; t[ o i ---J [;j! Jim Abernethy, Mayor fZ:Z3 Zoning Change From "(H)C8-3" To "C8-3" Patti L Barrie, Municipal Clerk J """"'''' ,tj, i ! I ""' . I ~ """"'" """'" """"'''''' """"" --j'