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Home My WebLink AboutPD-120-94Meeting: General Purpose and Administration Committee File Date: Monday, October 3, 1994 Rest PD- 120 -94 DEV 94 -007 By-Law # 5 Report #: File #: Subject: REMOVAL OF "HOLDING (H)" SYMBOL TO SITE PLAN AGREEMENT PART LOT 14, BROKEN FRONT CONCESSION, FORMER TOWNSHIP OF DARLINGTON - TDL GROUP LTD. FILE: DEV 94 -007 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 120 -94 be received; 2. THAT Rezoning Application Dev 94 -007 submitted by the TDL Group Ltd. requesting the removal of the "Holding (H)" symbol from the subject lands be APPROVED; 3. THAT the amending By -law attached hereto be forwarded to Council for approval; 4. THAT all interested parties listed in this report and any delegation be advised of Councils decision. 1. APPLICATION DETAILS 1.1 Applicant: TDL Group Ltd. 1.2 Rezoning: Removal of "Holding (H)" provision 1.3 Site Plan Approval: to permit the development of 500 m2 eating establishment with takeout facilities. 1.4 Site Area: 0.6 ha 2. BACKGROUND 2.1 In February of 1994 an application was received by the Municipality of Clarington Planning and Development Department requesting site plan approval and removal of the "Holding (H)" provision from the lands located on the south west corner of Baseline Road and Waverly Road. ....2 I PAPER &A-C ECYCLE THLS is PRIMED ON RECYCLED PAPER REPORT NO. PD- 120 -94 PAGE 2 2.2 The site plan application was to permit the development of the corner as a combined Tim Horton Donuts restaurant and Wendy's restaurant, each having it's own drive -thru window. A related consent application (LD144/93) to create the lot was heard and approved, subject to conditions in July of 1993. The land severance has since been completed and deeds stamped. 3. COMMENTS 3.1 The subject property is presently zoned in part "Holding - Special Purpose Commercial ((H)C5). The "Holding (H)" symbol has previously been removed from half of the site through a site plan approval for a sales trailer. The "Holding" symbol can be removed upon Council being satisfied that the uses to be permitted will be adequately serviced, have adequate access, and will be used for the purposes intended by the By- law. 3.2 The applicant provided a traffic study in support of the submission and the proposed access to Waverly Road (Regional Road 57) . Regional Works Staff have accepted a right -in, right -out access on a temporary basis. The right -in is to be closed when the level of traffic reaches 16,000 (AADT) or 10 years time, which ever comes first. The applicant and the Region will execute an agreement to that effect. Issues raised by Staff at the Conservation Authority, the Ministry of Natural Resources, the Ministry of Transportation and Municipality's Public Works Department have all been satisfactorily addressed by the proponent. Staff expect execution of a site plan agreement to be imminent. 3.4 Staff would note for Committee's information that pursuant to Section 36 of the Planning Act, a By -law Amendment to remove the "Holding (H)" symbol is not subject to the normal appeal ....3 X19 REPORT NO. PD- 120 -94 PAGE 3 period afforded to a standard rezoning application, and accordingly shall be deemed final and binding should Council grant approval of same. 4. RECOMMENDATION 4.1 In consideration of the comments noted above, Staff would have no objection to the removal of the "Holding (H) " symbol as shown on the attached by -law and schedule. Respectfully submitted, Franklin Wu, M.C.I.P. Director of Planning and Development CP *FW *cc *Attach 22 September 1994 Reviewed by, W. H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Tim Donut Limited 874 Sinclair Road OAKVILLE, Ontario L6K 2Y1 Frank Stolwyk 25 Brock Street West P. O. Box 235 OSHAWA, Ontario UG 1R2 Dan Holkema C/o Skylight Donuts 87 King Street East BOWMANVILLE, Ontario L1C 1N4 52U THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 94- being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for 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 former Town of Newcastle. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows; 1. Schedule "3" to By -law 84 -63 as amended, is hereby further amended by changing the zone designation from "Holding Special Purpose Commercial ((H)C5)" to "Special Purpose Commercial (C5)" 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 Section 36 of the Planning Act. BY -LAW read a first time this day of 1994. BY -LAW read a second time this day of 1994. BY -LAW read a third time and finally passed this day of 51 1994. A��- CLERK This is Schedule "A" to -law , passed thi A® - BASELINE ROAD W.------ — r N71_5530 E 87.59! m OD ' ; ':; 1 I 0 :•:•: :'::•:' K : O Q to z Lo 0 CD le N 710 55 30 E 102.591 � i I it .............b, ZONING CHANGE FROM (H)C511 TO C5'I ZONING TO REMAIN 110511 0 10 20 40m Mayor 20m15 10 5 0 Clerk LOT 15 EP R A LOT 14 a RI 1 \� LOT 13 1 1\ R 1 LOT 12 �- R-3 R-3 M2 -1 0 R2 \q i 1 N (H)R2 RI � �R1 � P I W U Z (MRI $ °IJ w ouec O a ' U A R2 EP : MI-4 )M13 g C7 ( HI RI BASELINE RD. 1 `(H)C5 1 C7-1 EP I Z Z 1 i EP xO C5 U_ 1 jEP 401 -- - EP o Z m O N \GHw A� A III ,I 1000 0 50 100 200 600m BOWMANVILLE 60m 0 UNFINISHED BUSINESS Resolution #C- 603 -94 Movctl by Councillor O'Toole, sccondcd by Councillor 1:Iliotl " '1'[1AT, in response to area residents, the fencing in the area of Peachtree Crescent, be deleted from the subdivision agreement; T11AT, if necessary, appropriate signage be posted warning of a possible bazar(; and '1'11AT, in future, new residents who may request a fence be a(Ivisc(I of Council's decision. SEE I- OLLOWINC MO'T'ION TZCSOIntion # C- 604 -94 Moved by Councillor 11'111, seconded by Councillor Dreslirnski 'T'IIA'T' the foregoing Resolution #C- 603 -94 he referred to the Council meeting scheduled to bc. bcld on Ocloher 11, 1994. ('()N1-'IRM1N(j IIY -LAW AD.IOURNNIPWl' "CA RRIED" Rcs--- _- _olutio -itC 005 94 Moved by Councillor I lannal►, seconded by Councillor Elliott 1'1 1A'I' leave he grantc(I to introduce By -law 94 -157, hcin 1I by-law proceedings of the Council of the Municipality of Claringlon It tb sltttecting'Ile,(, on the 26th day of September 1994, and that the said by -law be now read a first and secon(I time. c. Resolution #C- 606 -94 Moved by Councillor Ilannab, sccondcd by Councillor 1,11iolt TIIA'I' the third and final rcadiug of By -law 94 -157 be approved. "CARRIED" Resolution IC- 607 -94 Moved by Councillor I Jannab, sccondcd by Councillor Elliott T1IAT Ilu „��,....,�:....... Nwamp Ontario September 21, 1994 Municipality of Clarington Mayor Diane Harare 40 Temperance Street BOWMANVILLE, Ontario L1C 3A6 Dear Diane: COUNCIL DIRECTION �)-Ilr-lxn JIM tIU99GIPALIT'Y' OrCLARINGTON WYOWS OFFICE in1 MPP Durham East AGENDA D - 14 The purpose of this letter is to provide you and Council with additional information about the "Tulip Tribute ". The package is enclosed. As you know, the objective of the Tulip Tribute is to honour Canada's role in the liberation of Holland both overseas and at home. Your participation in planting a special commemorative tulip garden will help pay tribute to such a significant event. In Gord's role as Chair of the "Canada Remembers" Committee for the Ontario Government and as your MPP he wanted to make you aware of the "Tribute" and would like very much to be a part of your "Tulip Tribute ". If your Council is planning to pay tribute to the Canadians and their role in the liberation of Holland by planting a tulip garden, and if you would like Gord to participate in your event, please contact us as soon as possible so that we can schedule the event. You may want to contact Cecille Bowers at the Bowmanville Legion. They may be interested in participating in a joint event with the Municipality. Yours sincerely, I Denise Turner Legislative Assistant to Gord Mills, MPP Durham East Chair - Canada Remembers Committee C.C. Cecille Bowers Bowmanville Legion Branch # 178 (905) 623 -9032 l X 113 ` U: 11-10N N ALFA. isY 0(;1CSNPfl- ❑ Constituency Office: 68 King St. East, Bowmanville, Ontario L1C 3X2. Tel: (905) 697 -1501 or 1 -800- 661 -2433 Fax: (905) 697 -1506 ❑ Queen's Park Office: 25 Grosvenor Street, 11th Floor, Toronto, Ontario M7A lY6 Tel: (416) 325 -4934 Fax: (416) 314 -3363 i_ Gord. Iq M&Ontario September 21, 1994 MPP Durham East Royal Canadian Legion Bowmanville Branch #178 109 King Street East Box 116 BOWMANVILLE, Ontario L1C 3K8 Attention: Ms Cecille Bowers Dear Cecille: The purpose of this letter is to provide. you and your Branch with additional information about the "Tulip Tribute ". The package is enclosed. As you know, the objective of the Tulip Tribute is to honour Canada's role in the liberation of Holland both overseas and at home. Your participation in planting a special commemorative tulip garden will help pay tribute to such a significant event. In Gord's role as Chair of the "Canada Remembers" Committee for the Ontario Government and as your MPP he wanted to make you aware of the "Tribute" and would like very much to be a part of your "Tulip Tribute ". If your Branch is planning to pay tribute to the Canadians and their role in the liberation of Holland by planting a tulip garden, and if you would like Gord to participate in your event, please contact us as soon as possible so that we can schedule the event. You may want to contact the Mayor's office to plan a joint event with the Municipality of Clarington. Yours sincerely, Denise Turner Legislative Assistant to Gord Mills, MPP Durham East Chair - Canada Remembers Committee C.C. Mayor Diane Hatnre Municipality of Clarington ® ❑ Constituency Office: 68 King St. East, Bowmanville, Ontario L1C 3X2. Tel: (905) 697 -1501 or 1 -800- 661 -2433 Fax: (905) 697 -1506 ❑ Queen's Park Office: 25 Grosvenor Street, 11 th Floor, Toronto, Ontario M7A l Y6 Tel: (416) 3254934 Fax: (416) 314 -3363 a