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Home My WebLink AboutPSD-042-08 CJ!Kfflgron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ~esoll.AhCJY1-Uf)(JfJ --:;Jlt./--o'8; BY-law#:floog~o7~ File #: ZBA 2007-0034 Date: Monday, April 28, 2008 Report #: PSD-042-08 Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: PLAYERS BUSINESS PARK LIMITED & WEST DIAMOND PROPERTIES INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-042-08 be received; 2. THAT the application submitted by Players Business Park Limited and West Diamond Properties Inc. to Remove the "Holding (H)" Symbol be APPROVED for Parts 1, 2, 3, 6, 7,8,9,11,12,13,14,16,17,20,22,23,24,29,30,31,32,33, 34, 35, 36, 37, 38, 40, 41,42,43,47, and 48 on Reference Plan 40R-24933; 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. Submitted by: ~ ~~Reviewed Q~~ ~ /\')I'V David J. Crome, M.C.I.P., R.P.P. Franklin Wu 'I' Director, Planning Services Chief Administrative Officer RH/COS/DJC/df April 17, 2008 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-042-08 PAGE 2 1.0 APPLICATION DETAILS 1.1 1.2 1.3 Applicant: Rezoning: Location: Players Business Park Limited & West Diamond Properties Inc. Removal of "Holding (H)" Symbol Part of Lot 17, Concessions 1 and 2, former Township of Darlington (Attachment 1) 2.0 BACKGROUND 2.1 On June 5th, 2007, Staff received an application from Players Business Park Limited and West Diamond Properties Inc. for the removal of the "Holding (H)" symbol on Parts 1, 2, 3, 6, 7, 8, 9, 11, 12,13,14,16,17,20,22,23,24,29,30, 31,32,33,34,35,36,37,38,40,41,42,43,47, and 48 on Reference Plan 40R- 24933. The removal of the holding symbol would permit the development of a 14,030 m2 large format store and 900 m2 outdoor garden centre as well as a 875 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 200 Boswell Drive. 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, Players Business Park Limited and West Diamond Properties Inc. 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)C8-1) Zone", "Holding _ Large Format Commercial Exception ((H)C8-2) Zone", and "Holding - Street- Related Commercial Exception ((H)C9-2) 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: REPORT NO.: PSD-042-08 PAGE 3 . Consent applications to sever the large format store lands for Wal-Mart and Real Canadian Superstore from the remaining property owned by Players Business Park Limited and West Diamond Properties Inc. were approved. A condition of these consents was that the applicant shall enter into a subdivision/consent agreement. . The Subdivision/Consent Agreement was executed by the applicant. This Agreement governs site servicing, off-site road improvements on Stevens Road associated with the development, construction of Boswell Drive, construction phasing of the private roads, streetscape improvements on Durham Highway 2, payment towards the construction of Stevens Road, a cash payment for the release of the applicant's obligations of the public use facility, and payments for the Newcastle and Orono Business Improvement Areas. . The applicant must construct two private roads 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. . An Assumption Agreement will be executed to ensure that the land holding company for the large format 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 Players Business Park Limited and West Diamond Properties Inc., in conjunction with the large format store, will jointly construct Private Road "A" between Durham Highway 2 and Private Road "B1/B2" fronting the large format store. Private Road "B1/B2" will be constructed between Boswell Drive and Green Road. An east-west drive aisle will be constructed between Durham Highway 2 REPORT NO.: PSD-042-08 PAGE 4 and Private Road "B1/B2". In addition to removing the holding symbol from all lands to be transferred to the large format store, the proposed by-law 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. 3.9 The Finance Department has advised that taxes on the site are current. 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: Players Business Park Limited & West Diamond Properties Inc. c/o Metrus Properties Stantec Consulting Limited Wal-Mart Canada Corp. Attachment 1 To Report PSD-042-08 -~ ~m~ '0 : N S u "S; n II .. 'E .E c ID c :::i .. II __I: - 1211I CD Xl ~ .... .:.: --, ~ ID .se "'" E .. 1:: . C") '0 III CD lD . Uhc( c a.. II UI C) CD Co - - - C) III 0 Q. II ~ ~ III C I E III .. .. III I'll e II) .... <C CD a.. ::Ii 0 0 C) .= "'e ~ '0 c a::: a::: Oc. C) III C 0 N III ~ 0 ~ II) II) LLO ...J - - <t , lD E u 11)- >- 0 III I'll ClII) ID lD III .!!! ..J > > ... > N ~c ~ .;: ";: III II) Cl >-'0 D.. D.. ...JC c 8- 'c .!!! c a.. III e II~ 0 0- N i.: Gl C .... ~ ~ aVOH N33H~ ~ !........" .. ~ '" I- '" <( "- h V ~ ~ "- ' N , .. , ~ " , r; I 00 z " ;' < ilii~ ~.l!fi!l ~f;?7 [;~ , ~ff::; ." i ",,,,~<! _':Ii:: "I "- Ii !; . , 0"- . .<COU" I~ .........'JSM ..~...,.~ , , . < . , , : 1// i /rgii " v "J~~:~ I :;:~<n; '.1i~ <( ~~ ll.z I lL~i' s In'';! lL I i L_____~__ e " ;t '" .."'".."'" . ~ !~ !!!" {~"_.. ; -. ~f " .",,~~;--'r'-!; ~~ ~'""'_Ll~O'NNlAJ.JtI:JNfl Attachment 2 To Report PSD-042-08 CORPORATION OF THE MUNICIPALITY OF CLARINGToN BY-LAW NO. 2008- being a By-law to amend the Comprehensive Zoning By-law 84-63 for the Municipality of Clarington 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 2007-0034; 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 Format Commercial Exception ((H)C8-1) Zone" to "Large Format Commercial Exception (C8-1) Zone"; "Holding - Large Format Commercial Exception ((H)C8-2) Zone" to "Large Format Commercial Exception (C8-2) Zone"; and "Holding - Street-Related Commercial Exception ((H)C9-2) Zone" to "Street- Related Commercial Exception (C9-2) 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 2008 BY-LAW read a second time this day of 2008 BY-LAW read a third time and finally passed this day of 2008 Jim Abernethy, Mayor Patti l. Barrie, Municipal Clerk This is Schedule "A" to By-law 2008- passed this day of .2008 A.D. , I~\:" II .""11 ......,.,-,.., '----',,--.---..; I ."'n.~. : ~~=', .'.'1 " F'L\N10fl-l8O I .......'"- L________ , : f'L:"~6i-OJll(J , , L.________ o c( o ~ . Z W . w 'II ~ " Cl 'I' .rPART2c) '~-, PART 26 PART 27 J Jim Abernethy, Mayor ~ .. ~ r::'.~ .~$~ ~~ ~.;.:~.~;.. ~ Zoning Change From "(H)C8-1" To "C8-1" Zoning Change From "(H)C8-2" To "C8-2" Zoning To Remain "(H)C8-2" Zoning Change From "(H)C9-2" To "C9-2" Zoning To Remain "(H)C9-2" Patti L Barrie, Municipal Clerk -- --I I , I .' I -. - - - '1 ---~ ~ --. Bowmanville