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Home My WebLink AboutPSD-044-14 C N 0 larington REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 231d, 2014 Resolution #: Gqp, \ l By-law #: a.(,D tLt_U�1 Report#: PSD-044-14 File#: ZBA 2013-0026 Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: RAY GUPTA RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-044-14 be received; 2. THAT the application submitted on behalf of Ray Gupta to remove the Holding (H) symbol be approved and that the attached By-law to remove the Holding (H) Symbol be passed; 3. THAT Council's decision and a copy of Report PSD-044-14 be forwarded to the Region of Durham and the Municipal Property Assessment Corporation (MPAC); and 4. THAT all interested parties listed in Report PSD-044-14 and any delegations be advised of Council's decision. Submitted by: Reviewed by: r' David J. Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer NG/COS/df/av 18 June 2014 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: PSD-044-14 PAGE 2 1. APPLICATION DETAILS 1.1 Owner/Applicant: Ray Gupta 1.2 Agent: Cantam Group 1.3 Proposal: Removal of Holding (H) Symbol from "Holding — Service Station Commercial Exception ((H)C6-12) Zone" to "Service Station Commercial Exception (C6-12)" Zone; 1.4 Location: 10 Aspen Springs Dr., Bowmanville Figure 1 Property Location Map (Bowmanville) C)�Ryi�'a1 tiliiH':r kY 2 ' � 1 I I - I Subject - Site S I- I TR RY 4RLS — j— rL-N0� REPORT NO.: PSD-044-14 PAGE 3 2. BACKGROUND AND COMMENTS 2.1 In 2010, Official Plan and Zoning By-law amendments were approved to permit a restaurant with a drive-through (Tim Hortons), a convenience store, a fuel bar, and a car wash on a 2.44 acre property at the corner of Aspen Springs Drive and Regional Road 57. At that time Council placed a Holding (H) Symbol on the proposed lands. Figure 2 Site Plan N e1 0 Null N � 4 t �. ........ C') vo I � II � O I%U jI ..............- 1 1' Aspen Springs Drive REPORT NO.: PSD-044-14 PAGE 4 3. STAFF COMMENTS 3.1 The Holding Symbol is a provision enabled by the Official Plan to ensure certain obligations have been considered prior to the development of the lands. This includes: servicing, access, measure to mitigate the impact of development, execution of agreements and any other requirements as may be deemed necessary by Council including the implementation of the policies of the Official Plan. 3.2 Council must be satisfied that the provisions of the Official Plan are met prior to the removal of the Holding Symbol. No building permits can be issued until the Holding Symbol is lifted. 3.3 The conditions that need to be satisfied before the Holding Symbol is removed and the actions taken to date by the applicant to meet those conditions are: • Urban Design and Architecture The Director of Planning Services is satisfied with the building designs. Applicant has proposed pitched rooflines, window treatments, and architectural details which complement the existing residential character. A mix of stone and siding material is used for all buildings on site which emphasize the horizontal and vertical articulation of the buildings. Entrance features are enhanced by overhanging canopies and gooseneck lighting fixtures. • Traffic — Internal Circulation and Access The Director of Engineering Services and the Director of Planning Services are satisfied with the on site traffic routes, access points, parking and manoeuvring space. Parking spaces are shown to meet the minimum requirements and stacking lanes are designed to be separated from vehicle traffic that does not block, impede or interfere with the use of any parking space. • Aspen Springs Intersection Improvements and Financial Guarantees Traffic signals have now been installed by the Region prior to the development on site. The Applicant has proposed full left and right turning lanes acceptable to the Region and Municipality. A 3 metre road widening along Regional Road 57 will be transferred to the Region upon registration of the Site Plan agreement. Securities have been agreed to and will be collected upon finalization of the site plan agreement. • Future GO site access from Regional Road 57 The Applicant has proposed a temporary access (right in/right out) as far north on the proposed commercial site as possible. Given the uncertain time of the GO train expansion to Bowmanville, the Region has agreed to a temporary access off Regional Road 57 for the commercial site in the interim until the development of the adjacent GO site commences. At such time as the GO station is constructed, the entrance will be removed to become a shared access. The owner has agreed to conditions in the site plan agreement to address relocation of the entrance when the GO Station site develops. REPORT NO.: PSD-044-14 PAGE 5 3.4 The Site Plan concept for the proposed development has undergone many modifications throughout the process and has addressed concerns raised about the vehicular access points, intersection improvements, site configuration, and the urban design features to the satisfaction of the Municipality and other applicable departments and agencies as identified in Report No. PSD-090-10. Staff are satisfied that the proposed development achieves the urban design and traffic requirements and meets the intent of the Clarington Official Plan. 3.5 It is anticipated that the applicant will have agreed to the conditions of Site Plan Approval prior to General Purpose and Administration Committee. It is recommended that the Holding (H) symbol be removed in order to allow the applicants to proceed with the building permit application. There are no concerns with lifting the (H) symbol. 3.6 A Zoning By-law amendment to remove the Holding (H) Symbol cannot be appealed and shall be deemed final and binding upon Council's approval. 3.7 All property taxes have been paid in full. 4. CONCURRENCE - Not applicable 5. CONCLUSION 5.1 In consideration of the comments noted above, approval for the removal of the 'Holding (H)' symbol for 10 Aspen Springs Drive, as shown on the attached By-law and schedule (Attachment 1), is recommended. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: X Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Carlos Salazar, Manager, Community Planning & Design Branch Nicole Granzotto, Planner II, Community Planning & Design Branch Attachments: Attachment 1 - Zoning By-law Amendment to Remove 'H' Symbol REPORT NO.: PSD-044-14 PAGE 6 List of interested parties to be notified of Council's decision: Ray Gupta Jordan Chow — Cantam Group Leo Palozzi, The TDL Group Corp. Adam Snow, GO Transit Greg Ashbee, GO Transit John Oates John Linney Sherry Carlton & Robert Whittall Donna Labanovich Y Moola, Luqmoh Investments Inc. Garnet Armitage Jeffrey Guthrie Lawrence Hellinga Ann Blodgett Jason Gibson Adrian Tinline, Algoma Orchards Ltd. Kevin Shearon, Cushman & Wakefield Alan D. Macdougall, AECOM Andreas Grammenz, GO Transit ATTACHMENT1 TO REPORT PSD-044-14 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2014- being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to arr)end By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2013-0026; 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 SERVICE STATION COMMERCIAL EXCEPTION ((H)C6-12))ZONE"to "SERVICE STATION COMMERCIAL EXCEPTION (C6-12)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 passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. BY-LAW passed in open session this day of 12014. Adrian Foster, Mayor Anne Greentree, Municipal Clerk This is Schedule °°A" to By-law 2014- , passed this day of , 2014 A.D. P�P�,PN o G z s\ O Z O W N oR�JE SpR PSP�N ® Zoniing Change From"(H)C6-12"To"C6-12" Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk q nTn 1 Bowmanvi l le 9 ZBA 2013-0026 g SCHEDULES