HomeMy WebLinkAboutPSD-057-09~~w~n REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, June 15, 2009 ~~~1~~~~~PA-~dC~ C~
Report #: PSD-057-09 File #: ZBA 2008-0016 By-law #:
SPA 2008-0012
Subject: APPLICATION FOR REMOVAL OF HOLDING
OWNER: DUNBURY DEVELOPMENTS (COURTICE) LTD.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-057-09 be received;
2. THAT the application submitted by Dunbury Developments (Courtice) Ltd. to
remove the "Holding (H)" symbol to permit the development of a restaurant
be APPROVED;
3. THAT the attached By-law to remove the "Holding (H)" symbol be PASSED and
that the Region of Durham be forwarded a copy of this report; and
4. THAT. all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by: Reviewed by: -~-~'`'~J ~
Da id . Crome, MCIP, RPP Franklin Wu
Director, Planning Services Chief Administrative Officer
LB/COS/sh/df
2 June 2009
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-057-09
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Dunbury Development (Courtice) Ltd.
1.2 Agent: Dan Gargaro, CG Royal Building Group Inc.
1.3 Rezoning: Removal of Holding (H) symbol from "Holding -General
Commercial Exception (H) C1-18"
1.4 Location: Part Lot 35, Concession 2, former Township of Darlington
(Attachment 1)
2.0 BACKGROUND
2.1 On June 13, 2008, Staff received an application from Dan Gargaro representing
Dunbury Developments (Courtice) Inc. for the removal of the "Holding (H)" symbol
for the three vacant properties at 1417, 1419 and 1421 Durham Highway 2 (Part Lot
35, Concession 2, former Township of Darlington).
2.2 The removal of the "Holding" symbol would permit the development of a 490 m2
Shoeless Joe's Restaurant.
3.0 STAFF COMMENTS
3.1 The proposed Shoeless Joe's Restaurant is located on the vacant property on
Durham Highway 2 in Courtice between Valeo's Plaza and the Swiss Chalet plaza.
3.2 The Caarington Official Plan designates the property "Courtice West Shopping
District", General Commercial Area. The restaurant use is deemed to be in
conformity with this general commercial designation.
3.3 The site is presently zoned "Holding -General Commercial Exception ((H) C1-18".
The zoning permits the proposed restaurant use with regulations governing the
minimum lot area (5100m) and the maximum total floor area (1300mZ).
3.4 The "Holding" provision was used in this case to ensure that the Site Plan is
approved prior to development. The applicant submitted a site plan application. for
the proposed restaurant simultaneous with an application for the removal of the
"Holding" symbol. After many submissions, the site plan process is near completion,
the applicant has signed the Conditions of Site Plan Approval, and only two issues
remain outstanding:
The registration of easements for a rear and north-south laneway;
The execution of the Site Plan Agreement; and
REPORT NO.: PSD-057-09
PAGE 3
^ Staff is satisfied with the site plan including building design and landscape
plan. All Engineering issues have also been resolved to our satisfaction.
3.5 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.
3.6 It is noted that pursuant to Section 36 of the Planning Act, a By-law Amendment to
remove the "Holding (H)" symbol shall be deemed final and binding upon Council's
approval
4.0 CONCLUSION
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:
Dan Gargaro, CG Royal Building Group.
Dunbury Developments (Courtice) Ltd. (Att: Ian Roher, Shawn Goldenberg)
Attachment 1
To Report PSD-057-09
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2009-
Attachment 2
To Report PSD-057-09
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 2008-0016;
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 -General Commercial Exception (H) C1-18" to "General Commercial
Exception (C1-18) Zone"
as illustrated on the attached Schedule "A" hereto.
2. Schedule "A" hereto shall form part of the 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 2009
BY-LAW read a second time this day of 2009
BY-LAW read a third time and finally passed this day of 2009
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2009- ,
passed this day of , 2009 A.D.
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® Zoning Change From "(H)C1-18" To "C1-18"
Jim Abernethy, Mayor Potti L. Borrie, Municipal Clerk
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