HomeMy WebLinkAboutPSD-108-10~~ w-~n RE PCI RT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: September 27, 2010
Resolution #: ~~'~i~ -f Q
By-law #: ~G I ~ - 13 ~
Report #: PSD-108-10
File #:ZBA 2010-0017
Subject: REMOVAL OF A HOLDING SYMBOL
APPLICANT: FCHT (ONTARIO) HOLDINGS CORPORATION
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report PSD-108-10 be received;
THAT the application submitted by FCHT (Ontario) Holdings Corporation to remove a
Holding (H) Symbol be approved and that the By-law, contained in Attachment 2 to
Report PSD-108-10be passed;
3. THAT the Urban Design principles; contained in Section 6.2 of report PSD-108-10, be
incorporated into the final design of the building and the site; and
4. THAT all interested parties listed in Report PSD-108-10 and any delegations be advised
of Council's decision.
Submitted by: G Reviewed by~ ~~--~`-''-'~-
a e Langm , FCSLA, MCIP Franklin Wu,
Acting Director of Planning Services Chief Administrative Officer
PW/COS/av
September 20, 2010
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-108-10
1.0 APPLICATION DETAILS
1.1 Applicant: R.G. Richards & Associates
1.2 Owner: FCHT (Ontario) Holdings Corporation
1.3 Proposal: To remove a Holding (H) Symbol to permit a 429 mZ bank
1.4 Area: 0.14 Ha
1.5 Location: 195 King Avenue East
2.0 BACKGROUND
PAGE 2
2.1 The subject site was previously operated as a motor vehicle fuel bar (Petro-Canada). A
demolition permit for the buildings and structures related to this use was issued in
January of 2007.
2.2 As part of the demolition process, the underground storage tanks were removed and the
site was remediated.
2.3 On June 11th, 2010, an application was received for the Removal of Holding and Site
Plan approval. The Applicant is seeking to construct a 429 mZ bank complete with a
drive-through automated teller machine.
2.4 The Applicant has submitted a Phase 2 Environmental Site Assessment (ESA) in
support of this application. Following tests conducted on-site, this document confirms
that the subject property has been remediated and is suitable for the introduction of a
new use.
3.0 OFFICIAL PLAN
3.1 Where lands have been identified as potentially contaminated (such as in the case of
former motor vehicle fuel bars), redevelopment shall not be permitted until the
Municipality, in consultation with the Province, has been satisfied that the site has been
rehabilitated.
3.2 The Official Plan states that Holding provisions may be used to ensure that, prior to
redevelopment, the submission of technical studies have been submitted and approved
to the satisfaction of the Municipality.
REPORT NO.: PSD-108-10
4.0 ZONING BY-LAW
PAGE 3
4.1 Zoning By-law 84-63 zones the subject lands as "Holding -General Commercial
Exception ((H) C1-30)". The proposed bank with drive-through is permitted within the
"C1-30"zone.
4.2 The Zoning By-law states that a Holding (H) Symbol may be removed once Council is
satisfied that that the lands and proposed uses will be adequately protected from any
physical or man-made hazard or conditions associated with the lands.
5.0 AGENCY COMMENTS
5.1 The Region of Durham has stated that the Applicant will be required to provide the
Ministry of the Environment (MOE) with a Record of Site Condition (RSC) for the Phase
2 ESA. Upon review of the RSC an Acknowledgement Letter from MOE must be
submitted to the Municipality and the Region of Durham confirming that this site has not
been selected for audit.
5.2 No other agency or department has expressed any concerns with this application.
5.3 The Finance Department has confirmed that the taxes are current on this property.
6.0 STAFF COMMENTS
6.1 Upon review of the Phase 2 ESA that was submitted in support of this application, Staff
are generally satisfied that this site has been remediated. However, in accordance with
the requirements of the Region of Durham and the policies of both the Official Plan and
the Zoning By-law, the Applicant must submit an Acknowledgement Letter from the
Ministry of the Environment confirming that this site has been reviewed and has not
been selected for audit. This letter must be received by the Municipality prior to the
issuance of Site Plan approval.
6.2 Despite lifting the Holding (H) Symbol for this site, Staff have identified that a number of
outstanding Urban Design features have yet to be conclusively resolved by the
Applicant. By releasing this site for development, it should be noted that the Applicant
will be responsible to provide a building and site design which not only complies with all
Zoning By-law requirements but also conforms to the applicable policies of the
Clarington Official Plan and the Bowmanville East Town Centre Secondary Plan. These
applicable policies being:
• The pedestrian environment is paramount in all Town and Village Centres and
will be enhanced through development which is human in scale, buildings of high
architectural quality, grade level doors and windows, and the provision of street
benches, awnings, pedestrian scale lighting, and streetscape amenities;
• The intersection of King Street with Liberty Street shall be deemed to be a
prominent intersections having important visual significance;
REPORT NO.: PSD-108-10
PAGE 4
• Buildings shall be street-front oriented and provide direct street access for
pedestrians, wherever possible;
• Parking areas should be sited to the side, rear or underground wherever
possible;
• .High quality landscape treatment shall be provided with particular regard to
screening parking areas visible to the street, providing shade for pedestrians and
mitigating heat island effects;
• Lighting impacts will be minimized;
• Energy efficient design and orientation which maximizes the use of alternative or
renewable energy such as solar and wind energy and the mitigating effects of
vegetation will be encouraged wherever possible;
• Common vehicular access and internal circulation including. service lanes
connecting abutting properties should be provided wherever possible; and
• While drive-through facilities are not desirable in the downtown, where they are
permitted all buildings containing drive-through facilities shall be oriented to the
primary street frontage. No portion of the stacking lane and no parking spaces or
drive aisle shall be located within the setback area
7.0 CONCLUSIONS
7.1 In consideration of the comments noted above, Staff recommend that the application
submitted by FCHT (Ontario) Holdings Corporation to remove a Holding (H) Symbol be
approved and that the By-law contained in Attachment 2 to Report PSD-102-10, be
passed.
7.2 It is further recommended that the Urban Design principles, contained in Section 10.2 of
Report PSD-102-10, be incorporated into the final design of the building and the site.
Staff Contact: Paul Wirch
Attachments:
Attachment 1 -Key Map
Attachment 2 - By-law
List of interested parties to be advised of Council's decision:
FCHT (Ontario) Holdings Corporation .
R.G. Richards & Associates
Regional Municipality of Durham
Municipal Property Assessment Corporation
Attachment 1
To Report PSD-108-10
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2010-
being a By-law to amend Zoning By-law 8463 of the Corporation of the
Municipality of Claringtdn
Attachment 2
To Report PSD-108-10
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 Municipality of
Clarington for ZBA 2010-0017;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Map Schedule "3" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from "Holding -General Commercial Exception
((H) C1-30) Zone" to "General Commercial Exception (C1-30) 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 2010
BY-LAW read a second time this day of 2010
BY-LAW read a third time and finally passed this day of 2010
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2010-
,
passed this day of , 2010 A.D.
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Zoning Change From "(H) Ci-30" To "C1-30"
®Zoning To Remain "Ci-30"
Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk
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