HomeMy WebLinkAboutPSD-123-04
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Cl!Jl-fngton
REPORT
PLANNING SERVICES
Meeting:
COUNCIL
Date:
Tuesday, October 12, 2004
Report #:
PSD-123-04
File #: ZBA 2003-046
Oe6~ 5(~--(Y-{
"By-law #:
Subject:
BOWMANVILlE KING STREET EAST CORRIDOR STUDY:
TECHNICAL AMENDMENTS TO ZONING BY-LAW AMENDMENT
2003-153
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
1. THAT Report PSD-123-04 be received; and
2. THAT the Council approve the technical amendments to Zoning By-law 2003-153
as set out in section 1.4 of Report PSD-123-04 and authorize the Solicitor to
request the Ontario Municipal Board to amend By-law 2003-153.
Submitted by:
l(}---- ReViewery:
. Crome, MCIP, R.P.P. nkli
Director of Planning Services C' Ad
CP*DJC*df
October 7,2004
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO l1C 3A6 T (905)623- 3379 F (905)623-0830
,
REPORT NO.: PSD.123-04
1.0 BACKGROUND
PAGE 2
1.1 In October 2003, Council considered Report PSD-133-03 and adopted OPA 36
and Zoning By-law 2003-153. Said amendments implemented the recommended
official plan and zoning by-law amendments identified in the King Street East
Corridor Study.
1.2 Staff have been reviewing By-law 2003-153 in negotiating the settlements to the
appeals with Hendry Investments Limited (252 King Street East and 9 St. George
Street South) and the Simonian family (258 King Street East). During this work
several technical problems with the By-law were identified. The majority involve
incorrect numbering references resulting from an earlier amendment to Zoning
By-law 84-63 which had not been incorporated in the consolidated Zoning By-law
84-63 when By-law 2003-153 was drafted. Also, certain other clerical errors or
omissions were identified.
1.3 The Ontario Municipal Board has authority under Subsection 34(26) of the
Planning Act to amend Zoning By-law 2003-153 since the Hendry and Simonian
appeals still are pending before the Board.
1.4 None of the recommended .technical amendments to By-law 2003-153 change its
intent. It is recommended that Council request that the Ontario Municipal Board
enact the following amendments to By-law 2003-153:
Replace with or Add
Section or Recital Delete Reference to
First Recital Report #PSD-115 Report #PSD-115-03
14.6.24(1) 3.15(e)iv) 3.16(e)(iv)
14.6.24(1 )(d)(ii) 3.15(e)(iv) 3.16(e)(iv)
14.6.24(1 )(f)(v) 3.15(e)(iv) 3.16(e)(iv)
14.6.24(1)(h)(v) 3. 15(e)(iii) 3.16(e)(iii)
15.4.25(1) 3.15(e)(iii) 3. 16(e)(iii)
15.4.25( 1 ) 15.2 15.2(b), delete "and"
before 15.2(9), and add
after 15.2(9) "and 15.2(i)"
15.4.25(1)(b)(v) 3.15(3)(iv) 3.16(e)(iv)
15.4.26(1 ) 3.15(e)(iv) 3.16(e)(iv)
15.4.26( 1 ) 15.2(e) 15.2(c), add 15.2(f) after
15.2(c) and add "and
15.2(i)" after 15.2(g)
15.4.26(1)(b)(v) 3.15(3)(iv) 3.16(e)(iv)
15.4.26(2)(e) C1-30 R4-26
16.5.3(1)(ii)(e) 16.5.3(1)(v)(a) . 16.5.3(1 )(iv)(a)
16.5.3(1)(ii)(h) 3.15(a) 3.16(a)
16.5.3(1 )(v)(d) 3.15(e)(iii) 3.16(e)(iii)
16,5.3(1)(vi) 3.6(b) and 3.15(e)(iii) 3.7(b) and 3.16(e)(iii)
16.5.30(1 )(ii)(h) . 3.15(a) 3.16(a)
16.5.30(1 )(v)(e) 3.15(e)(lii) 3. 16(e)(iii)
16.5.30(1 )(vi) 3.6(b) and 3.15(e)(iii), respectively 3.7(b) and 3.16(e)(iii)
REPORT NO.: PSD-123-04
2.0 RECOMMENDATION
PAGE 3
2.1 It is recommended that Council approve the recommended technical
amendments to Zoning By-law 2003-153 and authorize the Solicitor to request
the Ontario Municipal Board to enact them.