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HomeMy WebLinkAboutPSD-108-10 AddendumUNFINISHED BUSINESS #2 Clari~gton Leading the Way REPORT PLANNING SERVICES Meeting: COUNCIL Date: October 4, 2010 Resolution #: ~" y/S-/0 By-law #: Addendum to Report #; PSD-108-10 File #: ZBA 2010-0017 Subject: REMOVAL OF A HOLDING SYMBOL APPLICANT: FCHT (ONTARIO) HOLDINGS CORPORATION RECOMMENDATIONS: It is respectfully recommended to Council the following: THAT Report PSD-108-10 and Addendum to Report PSD-108-10 be received; 2. That Staff facilitate a meeting between a representative from the Royal Bank and the Historic Downtown Bowmanville Business Improvement Area to develop a plan to mitigate impacts of the proposed relocation; 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; 4. 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-108-10 be passed; and 5. THAT all interested parties listed in the Report PSD-108-10 and Addendum tc Report PSD-108-10 and any delegations be advised of Council's decision. Submitted by: !i K.a--'~~ Reviewed by: ~-' La m d, FCSLA, MCIP Franklin Wu, ing Direc r of Planning Services Chief Administrative Officer PW/COS/df 1 October 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 UNI=INISHI:R BUSINESS #2 Lsadirtg the tif'ay Meeting: COUNCIL REPORT PLANNING SERVICES Date: October 4, 2010 Resolution #: By-law #: Addendum to Report #: PSD~108-10 File #:ZBA 2010-0017 Subject: REMOVAL OF A HOLDING SYMBOL APPLICANT: FCHT {ONTARIO) HOLDINGS CORPORATION RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report PSD-108-10 and Addendum to Report PSD-108-10 be received; 2. That Staff facilitate a meeting between a representative from the Royal Bank and the Historic Downtown Bowmanville Business Improvement Area to develop a plan to mitigate impacts of the proposed relocation; 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; , 4. 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-108-10 be passed; and 5. THAT all interested parties listed in the Report PSD-108-10 and Addendum to Report PSD-'108-10 and any delegations be advised of Council's decision, ~ ~ . ~._ Submitted by: Ci Reviewed by: ~-~ ~"~~`~°~ ay La m d, FCSLA, MCIP Franklin Wu, ing Direc or of Planning Services Chief Administrative Officer PW1COSfdf 1 October 2010 ' CORPORATION OF THE MUNICIPALITY OF CLARINGTON 4fl TEMPERANCE STREET, BOWMANVILLE, ONTARIO L'EC 3A6 T (905)623-3379 F {905}623-0830 ADDENDUM TO REPORT NO,. PSD-108-10 1.0 PURPOSE OF ADDENDUM REPORT PAGE 2 1.1 Council at the Genera[ Purpose and Administration Meeting ofi September 27, 2010 TABLED Report PSD-10$-10 and requested Staff prepare a report regarding the applicable policies to retain main branches of financial institutions within downtown areas. This addendum provides that background. 2.0 BACKGROUND- POLICY CONTEXT 2.1 The purpose of the Provincial Policy Statement {PPS) is to provide direction to development and redevelopment in an effort to create and maintain safe and healthy communities which are complete, cost-effective and accessible to all. One of the ways to achieve these goals is through the planning and promotion of a canimunity's long- term economic prosperity. The PPS identifies the maintenance and, where possible, enhancement of the vitality and viability of downtowns and main streets as an integral part of a community's long-term economic prosperity. 2.2 Within the Ciarington Official Plan one of the objectives of the Town Centre, Village Centre, Neighbourhood- Centre and Commercial Use policies is to preserve and enhance the vitality and character of historic downtowns such as Bowmanville. Towards that end, the Municipality will endeavour to phase new retail growth and, where achievable, encourage private sector investment and adaptive reuse of historic .buildings in the downtown. 2.3 Part of the impetus for the 2006 Commercial Policy Review was a number of applications that were received for commercial development in the west end ofi Bowmanville. These included applications on behalf of Wal-Mart, Home Depot and Loblaws. One of the conclusions that came out of the Commercial Policy Review was that banks are important anchors in downtown Bowmanville. As a result, one recommendation of the Commercial Policy Review was to protect the character and vitality of Bowmanville's traditional downtown through limiting the number of bank locations permitted outside of the downtown. 2.4 In light of the proposed developments that were under consideration in the Bowmanville West Tawn Centre, the immediate response to this policy direction led to the imposition of limits on the total number of banks that were permitted in the Bowmanville West Town Centre. 2.5 In the context of the Commercial Policy Review, the limitation on the number of banks in the west end of Bowmanville was not a response to a market study of the banking needs in Ciarington. Rather this limitation was a measure to balance the competitive advantage of new commercial developments aver the downtown given the importance of a vibrant downtown to the community as recognized in Clarington's Official Plan. ADDENDUM TO REPORT NO.; PSD-108'10 PAGE 3 2.6 In July of 2008, Report PSD-077-08 outlined the case for introducing a financial service establishment (credit union) onto the Torgan site in the south end of Bowmanville, adjacent to the Rona property. I~n recognizing the need to preserve existing banks in the downtown, Council endorsed the Staff recommendation tha# a new financial service establishment (credit union) be permitted, at this location, on the grounds that it would not represent a relocation of an existing branch out of the downtown. From a planning policy perspective, the policy direction of ensuring that financial institutions remain as anchors of the Historic Downtown Bowmanville applies equally to the historic downtowns of Orono and Newcastle. 2.7 When proposing the introduction of banks or other financial services into both the Bowmanville West Town Centre and onto the Torgan site, the respective Applicants were required to submit Rezoning and/or Official Plan Amendment applications. Through those processes, Council was able to establish special conditions which ensured that the approval of bank uses onto these sites did not result in the relocation of any of the existing banks currently located in downtown Bowmanville. 3.0 THE SUBJECT SITE AND APPLICATION 3.9 The subject site is located within the Bowmanville East Town Centre Secondary Plan and is zoned "(H) C1-30". Upon the lifting the Holding (H) Symbol the underlying "C1- 30" zone would permit a bank. Unlike the Bowmanville West Town Centre, where new commercial lands were created out of "Agricultural (A)" lands in 2006, a bank has been a permitted use in the northwest carnet of this site since October, 2003, and elsewhere on the site since as far back as 1984. 3.2 The existing Royal Bank at the corner of Division and Temperance Streets has experienced growth in its clientele and services. The current facility is undersized for the financial services provided and staff employed at this location. In addition, the parking required by clientele of the bank is lacking. The bank is seeking a larger location with ample on-site parking. Within the next few years the bank would in its current location have to undertake major renovations as the customer bathrooms are located in the basement. In this case the purpose of the bank moving is to expand and modernize their services. 4.0 FUTURE PROPOSAL BY FINANCIAL SERVICES 4.1 In evaluating any future proposals for bank or financial service uses outside of the traditional downtown and onto sites where they are not currently permitted, Staff will require the submission of a detailed Planning Rationale Report on the impact of the . relocation on the respective historic downtown and will encourage the representative of the subject bank to meet with the applicable Business Improvement Area to develop a plan to mitigate impacts. ADDENDUM TO REPORT NO,: PSD~108-10 PAGE 4 ~.2 Should the Municipality receive requests in the future to relocate one of the existing banks currently located in any of Clarington's historic downtowns onto a site where banks are already permitted, the Applicants will be encouraged to advise Council of their intent and requested to meet with the respective Business Improvement Area in order to mitigate impacts, 5.0 CONCLUSIONS 5.1 This Addendum Report has been prepared to clarify the Municipality's position regarding banks in the downtown of Bowmanville. The previous direction of Council has been that the vitality of historic downtowns in Clarington, including historic downtown Bawmanville, is one of their key policy priorities. This issue was debated and reinforced by Council through the imposition of limits on the number of banks in the Bowmanville West Town Centre and the type of financial institutions permitted on the Torgan site. 5.2 For this subject site and application, the Holding {H} symbol on the subject site is directly linked to the Municipality's need of assurances that the environmen#al remediation of the site has taken place prior to permitting redevelopment to occur. Based an all information provided by the Applicant, Staff recommends that the Removal of Holding By-law, contained in Attachment 2 to Report PSD-108-10 be passed in order to remove the Holding (H) symbol from this property. 5.3 The Urban Design principles, contained in Section 6.2 of Report PSD-108-10, are to be incorporated into the final design of the building and the site. 5.4 Representatives of the Royal Bank have previously been informed of the Municipality`s concerns over its relocation. Representatives of the Royal Bank will be informed that Council has the same concerns. Staff will facilitate a meeting between representatives of the Royal Bank and the Historic Downtown Bowmanville BIA to address the impact of the proposed relocation. Staff Contact: Paul Wirch Attachments: Attachment 1 -- Report PSD-108-10 List ofi 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 Royal Bank Representative Attachment 1 To Addendum Report PS©-108-10 s :Leading the Nay REPORT PLAIV~IING ~ERVICE~ Meeting; GENERAL, PURPOSE AND ADMINISTRATION COMMITTEE Date: September 27, 2010 Resolution #: By-law #: 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: 1.. THAT Report PSD-1 OS-10 be received; 2: 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-1 D8-10 be 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~aII interested parties listed in Report PSD=108-10 and any delegations be advised of Council's decision. Submitted by: '~ ~' ~ - Reviewed by: ~'~~ i ~~-~~~-- a e Langm , FCSLA, MC[P Franklin Wu, Acting Director of Planning Services Chief Administrative Officer PWIC~S/av September 20, 2010 CORPORATION OF THE MlJNICIPALITY OF CLARINGTON - 40 TEMPERANCE STREf=T, 80WMANVII.LE, ONTARIO L'EC 3A6 T (905)623-3379 F (905)623-083U 8-6~ REPORT NO.: PSD-108-1 a PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: R.G. Richards & Associates 1.2 Owner: 1.3 Proposal: 1.4 Area: 1.5 Location: FCHT (Ontario) Holdings Corporation To remove a Holding (H} Symbol to permit a 429 mz bank 0.14 Ha 195 King Avenue East 2.0 BACKGROUND 2,1 The subjec# 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 11«, 2410, an application was received for the Removal of Holding and Site Plan approval. The Applicant is seeking to construct a 429 m2 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 PAGE 3 4.0 ZON[NG BY-LAW 4,1 Zoning By-law 84-63 zones the subject lands as "Holding -General Commercial Exception ((Hj 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 (RSCj for the Phase 2 ESA. Upon review of the RSC an Acknowledgement Letter firom 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 Appiicant must submit an Acknowledgement Letter from the Ministry of the Environment confirming that this site has been reviewed and has no# 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 #hat 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 Pian and the Bowmanville East Town Centre Secondary Plan. These applicable policies being: The pedestrian environment is paramount in ail 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-'t0 PAGE 4 • Buildings shall be street-fron# 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 far 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 #o the primary street frontage. No portion of the stacking lane and no parking spaces or drive aisle shall be located within- the se#back area 7.0 CONCLUSiIONS 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. S#aff Contact: Paul Wirch Attachments: Attachment 1 -Key Map Attachment 2 - By-law List of interested parties #o be advised of Council`s decision: FCHT (Ontario) Holdings Corporation . R.G. Richards & Associates Regional Municipality of Durham Municipal Property Assessment Corporation A#tachmen# 1 To Report PSD-108-10 ~ ~~ ~~usxrn+~ ante ~ ~1 ;~ C ~ ~ ~ Y ~ G ++ o ~ ~ ~ ~ ~ Ifi 6 N03D 16 1S ~ ~' ~ 0 3 ~ ~ ~ ~ ; ti's ti ~ ~~ m° ~ ~ ~ ~ ~ ~ o a o ~ ~ ~ ~ ~ ~ ~"" o o Q o ° ~ ~a A62L39YV1 ~5~~~-, ~ ~ z ~ r- 3 r- a = ~ ~ ~ ~ ~ :~ CY ~ CV ~ ~ d wvoHt3~trxstiur~sn wrws~~xusuaaai X31 ~ ~ m ~ d ~ ~ R' ~~ ~ ~~~ ~ ~ N ~ ~ ~+ 3 ~ ~. ~ N o L a ~ ~~ ~~ }aa.r}S ~aqu.la7 . •. ~ •. ~'e , ~a .f ~ ~ e +~ a ~ ~a ~ ~~ 1~Y1E ~ ~~' ~a • ~~ ~ ~~ W 4 ' ~e ''~'~~ N ,., ~'~ ~. 'e~• ; ~ ~• ' • '. ~ '. a ~'~ r~f~~ r~~a~ r' Q y}noS }aa~}S ~t}.iaq~~ Httac~ment 2 To Report PSD-9Q8-10 CORPORATION OF THE MtJNICIi'ALITY OF CLARINGTON BY-LAW NO, 2090- being a By-law to amend Zoning By-law 84-63 of the Corporation of 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 Municipality of Clarington for ZBA 2090-0097; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the . Municipality of Clarington enacts as foElows: 9. Map Schedule "3° to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Holding -- General Commercial Exception t;(H) C9-30) Zone" to "General Commercial Exception (C9-30} Zone", as illus#rated 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 fhe passing hereof, subject fo .the pro~isicns of Sections 34 and 36 of the Planning Act.. BY-LAW read a first time this day of 2090 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2090 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to Bylaw 2010- , passed this day of , 2010 A.D. KING STREET EAST O ul W~ tK }y h K m 1 y Elf CO Jim Abemeihy, Mayor Patti L. Barrie, M~nidpal Clerk zoning Change From "(N) C1.3D" To "C1-30" ® ,Zoning To Remain "C1-30" gllEElf STREET