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HomeMy WebLinkAboutPSD-029-12 rundgm Cia t I I REPORT PLANNING VI DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 28, 2012 Resolution#: `° -1 By-law#: Report#: PSD-029-12 File#: ZBA 2011-0035 Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: HAYES LINE (BOWMANVILLE) LTD. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-029-12 be received; 2. THAT the application submitted on behalf of Hayes Line (Bowmanville) Ltd. 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-029-12 be forwarded to the Region of Durham and the Municipal Property Assessment Corporation (MPAC); and 4. THAT all interested parties listed in Report PSD-029-12 and any delegations be advised of Council's decision. Submitted by: /,2 Reviewed by: vi . Crome, MCIP, RPP Fr klin Wu, Direc or of Planning Services Chief Administrative Officer BR/CP/ah/av 22 May 2012 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905-623-3379 REPORT NO.: PSD-029-12 PAGE 2 1. APPLICATION DETAILS 1.1 Applicant: Hayes Line (Bowmanville) Ltd. 1.2 Owner: Hayes Line (Bowmanville) Ltd. 1.3 Proposal: Removal of Holding (H) Symbol from: "Holding – Neighbourhood Commercial ((H)C2) Zone" to "Neighbourhood Commercial (C2) Zone". 1.4 Location: 2665 Concession Road 3, Bowmanville (southwest corner of the Concession Road 3 and Liberty Street North intersection). 2. BACKGROUND 2.1 On November 30, 2011 an application was submitted requesting that the Holding (H) Symbol be removed from the subject lands – 2665 Concession Road 3, Bowmanville. This application was submitted together with an application for site plan approval to permit a day care facility with a playground and parking area on the currently vacant subject lands. 3. STAFF COMMENTS 3.1 The Holding (H) symbol is a provision enabled by the Official Plan to ensure that certain obligations have been considered prior to development and redevelopment of the lands. This includes: 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 this plan. 3.2 The Subject property is zoned "Holding — Neighbourhood Commercial ((H)C2) Zone". Council must be satisfied that the provisions of the Official Plan are met prior to removing the Holding symbol and no building permits can be issued prior to this removal. The applicant has agreed to the draft conditions of site plan approval which implement the policies of the Official Plan and the requirements of departments and agencies. The applicant will enter into site plan agreement with the Municipality to that effect. There are no concerns with lifting the `H' symbol. 3.3 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. 4. CONCURRENCE - Not applicable REPORT NO.: PSD-029-12 PAGE 3 5. CONCLUSION 5.1 In consideration of the comments noted above, approval of the removal of the "Holding (H)" symbol for 2665 Concession Road 3, as shown on the attached By-law and schedule (Attachment 2) 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: Bob Russell Attachments: Attachment 1 - Key Map Attachment 2 - Zoning By-law Amendment to Remove 'H' Symbol List of interested parties to be notified of Council's decision: Tadros, Y. Stevenson, D. Attachment 1 To Report PSD-029-12 ,2 O ONVl3d00 101 Q, In In o v Z E 0 O o Z= w _ M w LL LL O MH1180N 1331818 Ad83811 r° " 0 0 0 0 o N N LD CO Z Vz z 1331818 NOS Q m W z Z N �_ U w _ 0 1S 113N 000 w = J W a N d Q It CL O z m O 911-S-11 3 HJLUON 133211S AiU3811 LU M > z p O w z C) z z z o w U � Attachment 2 To Report PSD-029-12 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2012- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Municipality of Clarington related to ZBA2011-0035 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 to permit the development of a day care facility with related playground and parking area on the subject lands; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3" (Bowmanville)" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding — Neighbourhood Commercial ((H)C2) Zone" to "Neighbourhood Commercial (C2)Zone'; as illustrated on the attached Schedule"A" hereto. 2. Schedule"A" attached hereto shall form part of the 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 r 12012. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2012- , passed this day of , 2012 A.D. CONCESSION ROAD 3 F O 2 W W N W m J N JENNINGS DRIVE ®Zoning Change From"(H)C2"To"C2" Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk N CONCESSION ROAD 3 W W z DRIVE p W Y W 2 W I- w O U O dJ w LL cn z o o N TREET _j JENNING W (D ELFORD D BOWMANVILLE Y W ZBA2011-0035 0_ SCHEDULE 3