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HomeMy WebLinkAboutPSD-123-04 J 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.