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Home My WebLink AboutPSD-078-08 (J .. 0. L~~ REPORT . PLANNING SERVICES Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ~e~O\\,l-\)Dn ti(3PIl- ~,cg Monday, July 7,2008 Meeting: Report #: PSD-078-08 File #: ZBA2008-0007 and ZBA 2008-0018 By-Iaw#: ~OO~-I65 B.oO<K-IO C:, Subject: APPLICATIONS FOR REMOVAL OF HOLDING SYMBOL APPLICANTS: 2117412 ONTARIO LIMITED and POINTE OF VIEW DEVELOPMENTS (STONECREEK POINTE) INC. RECOMMENDATIONS: It is respectfully recOmmended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-078-08 be received; 2. THAT the application submitted by 2117412 Ontario Limited to remove the Holding (H) symbol be APPROVED; 3. THAT the application submitted by Pointe of View Developments (Stonecreek Pointe) Inc. to remove the Holding (H) symbol be APPROVED; 4. THAT the By-laws contained in Attachments 3 and 4 to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and 5. THAT all interested parties listed in this report, any delegations, the Regional Municipality of Durham Planning Department and Municipal Property Assessment Corporation be advised of Council's decision. Submitted by: Davi . Crome, M.C.I.P., R.P.P. Director of Planning Services Reviewed by: O~~~ Franklin Wu Chief Administrative Officer RH/SAlCOS/CP/df June 26, 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-07B-OB PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: 2117412 Ontario Limited and Pointe of View Developments (Stonecreek Pointe) Inc. 1.2 Location: 1465 and 1475 Durham Highway 2, Courtice, Part Lot 34, Concession 2, former Township of Darlington (Attachments 1 and 2) 1.3 Rezoning: Removal of Holding (H) symbol 2.0 BACKGROUND 2.1 On April 30th, 2008, staff received a request from 2117412 Ontario Limited for the removal of the "Holding (H)" symbol for the lands located at 1465 Durham Highway 2. The removal of the holding symbol would permit the development of a retail commercial development with 3,353 m2 of retail and office floorspace on the subject lands (Attachment 1). 2.2 On June 20th, 2008, staff received a request from Pointe of View Developments (Stonecreek Pointe) Inc. for the removal of the Holding (H) symbol from the lands located at 1475 Durham Highway 2. The removal of holding application is for a portion of the lands to be used for a sales trailer for the development of the subject lands. The applicant is nearing completion of the site plan approval process for their sales trailer for the subject lands, thus this application is being brought forward (Attachment 2). 2.3 Through the review process, the Region of Durham Public Works Department requires that both developments share a common access to Durham Highway 2. While Pointe of View Developments does not require the common access for its sales trailer, it will be required for development of the proposed high density residential uses on the property. To facilitate the construction of the common access by 2117412 Ontario Limited for the commercial proposal, both applicants have also requested that the Holding symbol be removed in the area of the common access. 3.0 COMMENTS 3.1 2117412 Ontario Limited Application 3.1.1 This application consists of a 3,353 m2 retail commercial development. The main building at the south contains ground floor retail space and second storey office space. The two buildings located along Durham Highway 2 are anticipated to be used for a restaurant and bank. The buildings incorporate a high level of urban design in terms of building massing at the rear of the property and along Durham Highway 2, articulation, glazing, and use of high quality building materials. REPORT NO.: PSD-078-08 PAGE 3 3.1.2 Since the site planning process is nearly complete for this proposal, the removal of holding application is being brought forward at this time. Staff anticipates that the approvals will be concluded shortly and that the site plan agreement will be completed during the summer of 2008. As Council will have recessed at this time, staff are recommending the Holding symbol be removed at this time to facilitate development at the site during the summer of 2008. 3.2 Pointe of View Developments (Stonecreek Developments) Inc. Application 3.2.1 The removal of holding application is being brought forward at this time, as the site plan process for the sales trailer is nearing completion. The applicant wishes to have the sales trailer installed as soon as possible to facilitate the marketing and sales of future residential units. Staff anticipates that the site plan agreement will be completed during the summer of 2008. As Council will have recessed at this time, staff are recommending the Holding symbol be removed at this time to facilitate development at the site during the summer of 2008. 3.2.2 A second site plan application for the site is currently under review to implement the existing zoning on the property. The applicant is proposing to construct three (3) low-rise apartment buildings containing 194 apartment units, with a private outdoor amenity area. An Environmental Impact Study was conducted on the property to further delineate the Environmental Protection (EP) lands. This study is now being finalized by the Municipal consultant as the Municipality, Central Lake Ontario Conservation and the applicant have agreed upon the development limit. Site plan approval for the sales trailer will not be provided until the Municipality is satisfied with the development concept for the proposed residential project. The holding symbol on the majority of the property will not be removed to ensure that all future conditions of site plan approval are met prior to construction. 3.3 Common Entrance 3.3.1 A review of traffic studies for both projects revealed that anticipated traffic volumes would cause access and egress problems on Durham Highway 2. Consequently, the Region of Durham Public Works Department requires that both developments share a common entrance onto Durham Highway 2. While Pointe of View Developments does not require the common access for its sales trailer, it will be required for development of high density residential uses on the property. To facilitate the construction of the common access by 2117412 Ontario Limited for the commercial proposal, both applicants have requested that the Holding symbol be removed in the area of the common access. 3.4 Policies within the Municipality of Clarington's Official Plan permit the use of holding symbols to ensure that prior to development the following matters are addressed and approved to the satisfaction of the Municipality: . Services and municipal works; . Submission of technical studies; REPORT NO.: PSD-078-08 PAGE 4 . Measures to mitigate the impact of development; . Execution of appropriate agreements; and/or . Any other requirements as may be deemed necessary by Council including the implementation of the policies of this plan. The approval of a by-law to remove the holding symbol from the lands is appropriate at this time, as the provisions within the Municipality's Official Plan have been satisfied. 3.5 Building permits will not be issued for either site until site plan agreements have been entered into and all required letters of credit for performance guarantees and development charges have been received by the Municipality of Clarington. 3.6 The Finance Department has indicated that all taxes have been paid for the subject lands. 4.0 RECOMMENDATION 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 (Attachments 3 and 4) is recommended. Staff would note that the by-law contained in Attachment 3 is for 2117412 Ontario Limited while the by-law contained in Attachment 4 is for Pointe of View Developments (Stonecreek Pointe) Inc. Attachments: Attachment 1 - Key Map (2117412 Ontario Limited) Attachment 2 - Key Map (Pointe of View Developments (Stonecreek Pointe) Inc.) Attachment 3 - By-law for Removal of Holding (2117412 Ontario Limited) Attachment 4 - By-law for Removal of Holding (Pointe of View Developments (Stonecreek Pointe) Inc.) Interested parties to be notified of Council and Committee's decision: 2117412 Ontario Limited Evans Planning Pointe of View Developments (Stonecreek Pointe) Inc. Goldberg Group ~ 3 'E " 0 ! u D- .. ::Ii l: 0 '" .. u 0 ... ~ 8- l! lL , I 1 /111111111 ~IIIIIII .JNXJS3<!:; 3<'11 ~ ~ . Attachmenl1 To Report PSD-078-08 " J!! c l- I- CD Z -c z E . w :i w Q.u ::E ~ ::E ~ 0..5 "'" c Cl 0 CO C Cl Gi~ CI c .;: .... c CI z '6 J!l CI z '6 ~~ CI W CI W I ::E '0 c I ::E '0 c .- CO <C :J: 0 CO <C :J: ~~ CI CI ... N CI ~ ... .!!!~ CI ~ 0 .... 0 N ..,. N >CD c( "iii ,.. c( ~ ...l!! . > .... I o U In >- 0 .... 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" ...'-\'% ' ~~'" ' , ,~,...' ~i> :;; " "\ . , \.( ~oS>i>~ , Attachment 3 To Report PSD-78-08 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2008- 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 2008-0007 and SPA 2007-0002; NOW TH.EREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding - General Commercial Exception ((H)C1-39) Zone" to "General Commercial Exception (C 1-39) Zone" "Holding - Urban Residential Exception ((H)R4-7) Zone" to "Urban Residential Exception (R4-7) Zone" as illustrated on the attached Schedule "A" hereto. 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 -_ ! KING STREET I DU;HA- - HwY2 ~--.::--- - " - J 'I ~ 'f'> Zoning Change From "(H)C1-39" To "C1-39" Zoning Change From "(H)R4-7" To "R4-7" ~ Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk , , ~ '" -J~ ~ ~ ~ e . i ~ Courtlce Attachment 4 To Report PSD-7_8~0!3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON- BY-LAW NO. 2008- Being a By-law to amend By-aw 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 SPA 2007-0049; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: .1. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding - Urban Residential Exception ((H)R4-7) Zone" to "Urban Residential Exception (R4-7) Zone" as illustrated on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of the By-law. 3. This By-law shall come into effect on the date of 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 Pattie L. Barrie, Municipal Clerk This is Schedule nAn to By-law 2008- , passed this day of . 2008 A.D. / / /-fIG/-f WAy "'0 < OLD kiNGs"" ~ ON R04[) '-32'~~ / /. / , / ,> .' "~<< #' ,/" '0#' '" /f:'/;;V _____/ <P~~'/ ,.._-- / // // ,,,,'" r:f.l" / ~ /' /'''vq'p' v' // .' J ~ Zoning Change From "(H)R4-7" To "R4-7" Jim Abernethy, Mayor Patti L Barrie, Municipal Clerk Court ice