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Home My WebLink AboutPSD-047-11• Le~~~~~ REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 9, 2011 Resolution #: 6'PA~ 35S'~// ey-law #: a0//'~7 Report #: PSD-047-11 File #: ZBA2011-0005 Subject: APPLICATION FOR REMOVAL OF HOLDING 1428 AND 1430 DURHAM HIGHWAY 2, AND 8 VARCOE ROAD, COURTICE APPLICANT: 2156601 ONTARIO INC. (SHOPPERS REALTY INC.) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-047-11 be received; 2. THAT the application submitted on behalf of 2156601 Ontario Inc. (Shoppers Realty Inc.) to remove the Holding (H) symbol be approved; 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 Report PSD-047-11, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. Submitted by: Da J. Crome, MCIP, RPP Director, Planning Services Reviewed by: t "" "`--'~~ v'-"''' Franklin Wu Chief Administrative Officer RP/CS/df 28 April 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 F (905) 623-0830 REPORT NO.: PSD-047-11 PAGE 2 1.0 APPLICATION DETAILS 1.1 Agent: MacNaughton Hermsen Britton Clarkson Planning Limited 1.2 Applicant: 2156601 Ontario Inc. (Shoppers Realty Inc.) 1.3 Area: 0.81 ha 1.4 Location: 1428 and 1430 Durham Highway 2, and 8 Varcoe Road, Courtice Part Lot 35, Concession 2, Former Town of Darlington 1.5 Rezoning: Removal of Holding (H) Symbol from "Holding - General Commercial Exception ((H) C1-55)" 2.0 BACKGROUND 2.1 The subject site is located at the northwest corner of Durham Highway 2 and Varcoe Road in Courtice. The application includes two separate properties located at 1428 and 1430 Durham Highway 2 and 8 Varcoe Road. The proposal encompasses lands which contained a former automotive repair garage building that has already been demolished, and a vacant furniture store building located towards the rear of the property on Durham Highway 2. The site also contained a residential property at 8 Varcoe Road that has been demolished. 2.2 The Holding (H) symbol is a provision provided for in the Official Plan and Zoning By- law to ensure that certain obligations have been considered prior to development and redevelopment, such as: servicing, access, protection of natural areas, measures to mitigate the impact of development, submission of required studies, execution of agreements and any other requirements as may be deemed necessary by Council including the implementation of the policies of the Official Plan. 2.3 The subject lands are zoned "Holding - General Commercial Exception ((H) C1-55)". Council must be satisfied that the provisions of the Official Plan and Zoning By-law are met prior to removing the Holding symbol. No building permits can be considered until the Holding symbol is removed. 2.4 In 2008, Staff received a rezoning and site plan application (ZBA 2008- 0015 and SPA 2008-0015) to permit the development of a Shoppers Drug Mart and second storey office space. The amendment was approved by Council on November 3, 2008 (Report PSD-114-08) including a "Holding (H)" designation to fulfill requirements such as site remediation and a Record of Site Condition, joint access and rear laneway easements, and completing a site plan agreement with the Municipality. 2.5 On February 22, 2011, an application was received for the Removal of Holding. REPORT NO.: PSD-047-11 PAGE 3 2.6 On February 24, 2011,2156601 Ontario Inc. and Birchdale Investments made a joint application to the Regional Municipality of Durham, Land Division Committee (File Nos.: LD 014/2011 and LD 015/2011) for a joint access and rear laneway with easements provided in favour of the other party on their respective lands. 3.0 COMMENTS 3.1 The intent of the Holding Zone policies and regulations within the Official Plan and Zoning By-law are to ensure that development proceeds in an orderly fashion without a negative impact on surrounding properties and infrastructure. Additional conditions such as the joint access and rear laneway easement and site plan agreement approval are nearing the end of the process to the satisfaction of both the Region of Durham and the Municipality of Clarington; therefore, the approval of the by-law to remove the holding symbol from the site is appropriate at this time. 3.2 Durham Region Planning Department staff have stated that (~ Record of Site Condition (RSC) for the above mentioned reporls has been filed with the Ministry of the Environment (MOE). An acknowledgement letter from the MOE dated July 9, 2009 acknowledges the RSC has been provided to the satisfaction of the Region. The Region has no concerns with the removal of the holding symbol contained in the zoning by-law of 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 (Attachment 2) is recommended. Contact: Ruth Porras Attachments: Attachment 1 - Key Map Attachment 2 - By-law for Removal of Holding Interested parties to be notified of Council and Committee's decision: MacNaughton Hermsen Britton Clarkson Planning Limited 2156601 Ontario Inc. Valiant Property Management Birchdale Investments Limited Edward Whiting c/o Kim Johnson Shoppers Realty Inc. Jim and Lorraine Ewen Durham Region Planning Department Municipality Property assessment Corporation (MPAC) Attachment 1 To Report PSD-047-11 - c: <I> 0 E -= LO "C 0 (:) c: ';: (:) <I> CIl C. - (:) E c III I <( 0 :'!: T"" ..... c: T"" ~ 0 (:) <0 0 III <0 :p N .. 10 III <C :>. ..... u m N 0 r:n ;.: ..J C) Ql ~ N c: c c: 3: Ql 0 C. 0 e N a. avo~ 30:>~V ^ t/l Q)- _I: n:l Q) "t:IE"t:I .1:_- (.)t/l...J .: Q) co> I: ('Il ~ ~ ::r ~ ~ ~ g o Attachment 2 To Report PSD-047-11 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO, 2011- 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 Zoning By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2011-0005; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1, Map Schedule "4 (Courtice)" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Holding - General Commercial Exception ((H) C1- 55) Zone" to "General Commercial Exception (C1-55) 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 2011 BY-LAW read a second time this day of 2011 BY-LAW read a third time and finally passed this day of 2011 Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2011- passed this day of , 2011 A.D. DURHAM HIGHWAY 2 I2Z2J Zoning Change From "(H)C-55" To HC-55" Adrian Foster, Mayor Cl 0( ~ w o ~ ;; tv ~~ Patti L. Barrie, Municipal Clerk I COURTICE I