HomeMy WebLinkAboutPSD-052-04
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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.
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Submitted b ..a
Id J. e,... ., R.P.P.
~irector 0 Planning Services
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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
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ZBA 2004-017
ATTACHMENT 1
H(WftM:E(REJUI
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Zoning By-law Amendment
(Removal of Holding Symbols)
Owner: 1319164 Ontario Limited
623
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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.
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John Mutton, Mayor
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EDWARD
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KING STREET EAST I ~
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~ 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
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625
Newcastle Village