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HomeMy WebLinkAboutPSD-052-04 . . <..' Cl~-!lJgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, May 3, 2004 Report #: PSD-052-04 File #: ZBA 2004-017 (Am-,;lf-f 1- () 't By-law #: ;k:cH ~ Ii 'I Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: 1319164 ONTARIO LIMITED PART LOT 26, CONCESSION 1, FORMER VILLAGE OF NEWCASTLE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-052-04 be received; 2. THAT the application submitted by 1319164 Ontario Limited to remove the Holding (H) symbol be APPROVED and that the attached By-law to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and, 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. ~ Submitted b ..a Id J. e,... ., R.P.P. ~irector 0 Planning Services -'I Rov;ewed bY.~~ ranklin Wu, t Chief Administrative Officer RH*CP*df April 27, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 620 REPORT NO.: PSD-OS2-04 PAGE 2 1.0 1.1 APPLICATION DETAILS Applicant: 1319164 Ontario Limited 1.2 Rezoning: Removal of "Holding (H)" symbol from "Holding - General Commercial Exception (H)C1-26) Zone" to "General Commercial Exception (C1-26) Zone" 1.3 Location: Part Lot 26, Concession 1, former Village of Newcastle, 361 King Avenue East, Newcastle Village (Attachment 1). 2.0 BACKGROUND 2.1 On April 26, 2004, Staff received a request from 1319164 Ontario Limited for the removal of the "Holding (H)" symbol from a property representing Phase I of a commercial plaza, the development of a 1,248 sq.m. floor area single storey at 361 King Avenue East in Newcastle Village. 2.2 The applicant previously submitted site plan application SPA 99-026 to obtain approval for the proposal. 3.0 COMMENTS 3.1 In accordance with Section 23.4.3 of the Clarington Official Plan, prior to development of a property, Council must be satisfied that the following matters have been addressed to the satisfaction of the Municipality. . Services and municipal works; . Measures to protect natural areas; . Measures to mitigate the impact of development; . Submission of technical studies; and . Execution of appropriate agreements. 3.2 All development issues relating to building and entrance locations, servicing, landscaping, urban design, and operational noise for Phase I have been addressed by the applicant. The Regional Works Department advised that prior to development of Phase II turning lanes on King Avenue may be required. No road widening is required for Phase I and the Region has no objection to the removal of the Holding symbol for Phase I. 3.3 Staff would note that this commercial plaza represents Phase I of the overall commercial development scheme on the east side of Brookhouse Drive, with Phase II being the lands adjacent to Brookhouse Drive. Since the applicant had no firm tenants for the proposed retail pad with a drive-through facility, Staff requested that this area be delineated as Phase II. 621 REPORT NO.: PSD-052-04 PAGE 3 3.4 The removal of holding includes the driveway from Brookhouse Drive, which serves both the proposed plaza and the future seniors building to the south. 4.0 RECOMMENDATIONS 4.1 I n 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. Attachments: Attachment 1 - Key Map Attachment 2 - By-law for Removal of Holding List of interested parties to be advised of Council's decision: Ian Roher 1319164 Ontario Limited 1050 Finch Avenue West, Suite 201 Downsview, ON M3J 2E2 John Shuki Lau John Shuki Lau Architect Inc. 350 Highway 7 East, PH3 Richmond Hill, ON L4B 3N2 622 "] , I , I , I , \ , \ , \ , \ , \ , \ , \ , \ , \ , ) - - ---"",; ___m__ .............. KI NG STREET EAST 1 .:="" w > cr o w U1 => o I '" o o '" rn i I I I PHASE 2 I (FUTUR' I DEVELOPMEHT AREA) I I ___..:...........1 ~-'"" I I I I I PHASE 1 __~_JlIIIII:l~.,-__.,.....__ -- I .. l~ ~.. Ii'. I I " I.. .. Ii " I . I I I I I I I ,..~ I ~<:!7<1}~ -~- PHASE 2 " I i i I ~ " Ii , : ~I ~ I , " " " "t':. " " ~..-; 10U. H.1Q3." " ,. ! " I " i i " i j 20 ~..-. '01'" <} <> - ~ ',r. 11lZ.~ " . ---- " " -. , /1 , , , , '- "'; ".... - ~"-u:..,1V- V /" - --- ,.., ~----~....----- - ~. -- <} <> ~ Newcastle Key Map ~ . CHAlLENGER CT. 'J'., \ i~ f..# \, \ ! ',. {/ ~ 'I :-.-"""""..... : : I I ZBA 2004-017 ATTACHMENT 1 H(WftM:E(REJUI ,,- .......FOIlDVAU) (jj J Zoning By-law Amendment (Removal of Holding Symbols) Owner: 1319164 Ontario Limited 623 ". THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2004- 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 Corporation of the former Town of Newcastle in accordance with applications ZBA 2004-017 and SPA 99-026 to permit the development of a 1,248 sq.m. single storey commercial plaza; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "5" to By-Law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding - Generai Commercial Exception ((H)C1-26) Zone" to "General Commercial (C1- 26) Zone" "Holding - Urban Residential Exception ((H)R4-21) Zone" to "Urban Residential Exception (R4-21) 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 Sections 34 and 36 ofthe Planning Act, R.S.O. 1990. BY-LAW read a first time this day of 2004 BY-LAW read a second time this day of 2004 BY-LAW read a third time and finally passed this day of 2004 John Mutton, Mayor 624 Patti L. Barrie, Municipal Clerk ATTACHMENT 2 . This is Schedule "A" to By-law 2004- passed this day of .2004 A.D. "1 I ! I i \ \ \ \ \ ~ ------)\ John Mutton, Mayor !!!I~ :!i Q ~ I u EDWARD ",' " , KING STREET EAST I ~ '\ -~ J ~ Zoning to Remain "(H)C1-26 k::::::::::~ Zoning Change From "(H)C1-26" To "C1-26" I'c;':;'i,] Zoning Change From "(H)R4-21. To "R4-21" Patti L Barrie, Municipal Clerk r J 625 Newcastle Village