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Home My WebLink AboutPSD-110-09Clarin~~~~ //n Leading the Way V REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, November 16, 2009 ~e~u~u-~°'~ ~ ~ ~~ -G ~7 ~ g Report #: PSD-110-09 File #: ZBA 2005-0058 and By-law #: 0?0(> ~-/.Sk' ZBA 2003-037 Subject: REZONING OF PORTION OF RONA LANDS FROM "ENVIRONMENTAL PROTECTION EXCEPTION (EP-2) ZONE" TO "SPECIAL PURPOSE COMMERCIAL (C-5) ZONE" RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-110-09 be received; 2. THAT the Zoning By-law contained in Attachment 2 to this Report, with respect to the rezoning of a portion of the RONA site from "Environmental Protection Exception (EP-2) Zone to "Special Purpose Commercial (C-5) Zone, be PASSED; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Davi . Crome, MCIP, RPP Director of Planning Services DJ/COS/df 9 November 2009 Reviewed by:~' """ "' -'-"`~- Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-110-09 PAGE 2 1.0 PURPOSE 1.1 The purpose of this report is to obtain Council's approval to pass the Zoning By-law with respect to the rezoning of a portion of the RONA site, situated on Baseline Road, from "Environmental Protection Exception (EP-2)" Zone to "Special Purpose Commercial (C5)" Zone, in accordance with the adjusted flood line mapping. 2.0 DISCUSSION 2.1 When Bowmanville Creek Developments Inc. re-submitted their Official Plan and Zoning By-law Amendments on April 1, 2008 for the lands on the corner of Baseline and Waverley Road, Bowmanville, the rezoning of a portion of the adjacent RONA site from "Environmental Protection Exception (EP-2)" to "Special Purpose Commercial (C5)" was incorporated in the consideration of their development application as a technical amendment, following the redefinition of the flood plain in accordance with an approved environmental impact study prepared for the subject lands. 2.2 Section 26.3 f. in Zoning By-law 84-63 stipulates that where an Environmental Protection (EP) Zone boundary is indicated as approximately following the flood line of a watercourse as designated on floodplain mapping prepared by a Conservation Authority having jurisdiction, then for the purposes of the Zoning By-law, the boundary shall follow such flood line as may be adjusted from time to time by the Conservation Authority having jurisdiction for same. To facilitate development, a portion of the flood plain on the Bowmanville Creek and RONA lands were filled to eliminate the flood plain. This was evaluated through an Environmental Impact Study and approved by the Central Lake Ontario Conservation Authority. Staff deemed it appropriate to include the removal of the EP lands on the RONA site as ahouse-keeping item while considering the rezoning of the adjacent lands belonging to Bowmanville Creek Developments Inc. 2.3 On December 8, 2008, Council approved the Official Plan Amendment No.54 to provide for a wider range of commercial uses on the lands owned by Bowmanville Creek Developments Inc. Council also approved the related rezoning for the Bowmanville Creek Developments land and the portion of the RONA site that is the subject of this report. A copy of the proposed zoning schedule that was initially approved by Council on December 8, 2008, is enclosed as Attachment 1. The affected part on the RONA site is bordered with a thick black line. 2.4 Bowmanville Creek Developments Inc. appealed the Council decision to the Ontario Municipal Board. Subsequently, Council authorized the Mayor and the Municipal Clerk to negotiate and execute Minutes of Settlement with Bowmanville Creek Developments Inc. In view of Council's conditional approval of the rezoning and the subsequent appeal, the initial Zoning By-law for the affected lands (including the relevant portion on the RONA site) was not passed by Council. REPORT NO.: PSD-110-09 PAGE 3 2.5 During the subsequent settlement negotiations, the portion of the RONA lands, which were incorporated as ahouse-keeping item in the rezoning of their lands, were excluded, upon a request from Bowmanville Creek Developments Inc., since it is in different ownership and was not the subject of the appeal. 2.6 Following the execution of the Minutes of Settlement by the Municipality and Bowmanville Creek Developments Inc., the Ontario Municipal Board approved, on August 10, 2009, the Official Plan Amendment, Rezoning and Site Plan applications for the lands owned by Bowmanville Creek Developments Inc. 2.7 The rezoning of the portion of the RONA site was never finalized, although Council had in fact granted approval for the rezoning of the relevant portion on December 8, 2008. In order to deal with this house-keeping item, Staff request that the attached Zoning By- law (Attachment 2) with respect to the rezoning of the portion of the RONA site from "Environmental Protection Exception (EP-2)" Zone to "Special Purpose Commercial (C5) Zone" be approved. 3.0 CONCLUSIONS 3.1 This is a technical amendment to bring the Environmental Protection line on the RONA lands to be consistent with the revised flood line limits approved by the Central Lake Ontario Conservation Authority. It completes the rezoning of the .lands initially incorporated into the by-law considered by Council on December 8, 2008.. In consideration of the comments contained in this report, staff respectfully recommends that the proposed Zoning By-law contained in Attachment 2 be passed. Attachments: Attachment 1 -Zoning Schedule approved initially by Council on December 8, 2008 Attachment 2 -Zoning By-law Amendment Attachment 1 To Report PSD-110-09 This is Schedule "A" to By-law 2008- , passed this day of , 2008 A.D. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk Zoning to Remain"EP" ® Zoning Change From "EP-2" To "EP" Q Zoning Change From "C5" To "EP" Zoning Change From "EP" To "(H)EP-16" %%%%% Zoning Change From "EP" To "(H)C5-14" ®Zoning Change From "EP-2" To "(H)C5-14" ®Zoning Change From "C5" To "(H)C5-14" ® Zoning Change From "(H)C5" To "(H)C5-14" Zoning Change From "EP-2" To " (H)C5-15" ®Zoning Change From "EP" To "(H)C5-15" Zoning Change From "EP-2" To "C5" ®° Zoning To Remain "C5" BOWMANV/LLE zeA zoos-osa Attachment 2 To Report PSD-110-09 THE CORPRATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for 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 former Town of Newcastle to remove the limits of the environmental protection area on the lands known as 205 Baseline Road West in accordance with adjusted floodline mapping; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. The map contained in Schedule "3" of By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Environmental Protection Exception (EP-2) Zone" to "Special Purpose Commercial (C5) Zone" as shown 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 34 of the Planning Act. BY-LAW read a first time this day of 2009 BY-LAW read a second time this day of 2009 BY-LAW read a third time and finally passed this day of 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2009- ~~ passed this day of , 2009 A.D. ~