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HomeMy WebLinkAboutPSD-064-03 , ' q![-!lJgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 2, 2003 J]lr File #: ZBA 2003-017 G;JI/-()5d -OC;J By-law #)Q)3-j is J- Report #: PSD-064-03 Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: WAVERLY ROAD PROPERTIES INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD- 064-03 be received; 2. THAT the application submitted by Waverly Road Properties Inc. to remove the Holding (H) symbol be APPROVED; 3. THAT the attached by-law to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision Submitted by: vi . Crome, M.C.I.P.,R.P.P. Director, Planning Services RevieWedby:d~_~_ Franklin Wu Chief Administrative Officer RH/CP/DC/df 23 May 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET,BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 693 '- REPORT NO.: PSD-064-03 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Waverly Road Properties Inc. 1.2 Agent: D.G. Biddle & Associates Limited 1.3 Rezoning: Removal of "Holding (H)" symbol from "Holding-Special Purpose Commercial ((H) C5) Zone" to "Special Purpose Commercial (C5) Zone" to permit development to proceed on ten commercial blocks within a plan of subdivision 1.4 Location: Part Lot 14, Concession B.F., former Town of Bowmanville 2.0 BACKGROUND 2.1 On April 29, 2003, Staff received a request from Waverly Road Properties Inc. for the removal of the "Holding (H)" provision from a commercial property at the southwest corner of Baseline Road and Waverly Road in Bowmanville. Attachment 1 shows the location of the property currently zoned "Holding-Special Purpose Commercial ((H) C5) Zone". 2.2 A draft plan of subdivision was submitted on the subject lands for ten commercial lots to consist of five automobile dealerships, four restaurants, and one hotel. The subdivision received draft plan approval on April 29, 2003. 3.0 STAFF COMMENTS 3.1 The subject property is presently zoned "Holding-Special Purpose Commercial ((H)C5) Zone" and "Environmental Protection (EP) Zone". The provisions of the Official Plan allow for the removal of the "Holding (H)" symbol, by By-law, upon Council being satisfied that the development will be adequately serviced, appropriate measures have been taken to protect the natural environment, appropriate measures will mitigate negative impacts, appropriate agreements have been executed and that the implementation of the Official Plan policies is satisfactory. 694 '-- REPORT NO.: PSD-064-03 PAGE 3 3.2 The applicant has initiated the subdivision agreement process and is working towards fulfilling all necessary conditions of draft plan approval. Since the subdivision creates ten commercial lots, development on each lot will be subject to site plan approval. In order to meet their construction timeframes, Clarington Toyota has applied for site plan approval on Lot 8. Subsequently, Staff is recommending the Holding symbol be removed at this time to facilitate development at the site. 3.3 Zoning By-law 84-63 permits minor alterations to the "Environmental Protection (EP) Zone" boundaries where development applications provide further information on the precise extent of the "EP" boundary. Whereas the "EP" boundary previously cut diagonally across a portion of the land now defined as Blocks 3 and 11, the "EP' zoning would now only encompass Block 11 due to the more precise definition of the regional flood line. The result is that Block 3 may now be used entirely for development purposes. This is consistent with the draft approval and discussions with Central Lake Ontario Conservation indicate that they support this position. 4.0 RECOMMENDATIONS 4.1 In considerations 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 (H) 695 ~- REPORT NO.: PSD-064-03 PAGE 4 Interested parties to be notified of Council's decision: Louis Reznick Waverly Road Properties Inc. 81 Ronald Avenue Toronto, Ontario M6E 4M9 Don Gleed Waverly Road Properties Inc. 1751 Applewood Road Pickering, Ontario L 1V 1T8 Glenn Genge D.G. Biddle & Associates Limited 96 King Street East Oshawa, Ontario L1H 186 696 i=l'" <l:b O..J ll!z~ W" Ww Z:>z I-w ....W.. 1-"''' Q!w~ <l:"'v ::E~ :> " ..J 'i ATTACHMENT 1 BASELINE ROAD (ROAD ALLO....ANCE BET'JEEN B.F CON AND CllN Il -.......---- -........- RoC.M.P. DET ACHNE:NT ~ -..-- " z .. .. ~ " <[ " '" v ~",,,,'1 ,0 ~\G ~",,,,'i' ,,0\ LANDS FROM ! I , ..l II ~ ., ~ " z .. !:l i=l'" <l:b O..J ll!z W >-W I.&J~ ...Jw ll!'" I.&Jw >!z! <l:~ >9 ..J .. " .. " '" v TO BE RE-ZONED "(H)C5" TO "C5" LANDS TO REMAIN ZONED "EP' Bowmanvllle Key Map BASEU"' II 'DAD \ '" "II st.'if:J1ct ) Il "" , ZBA 2003-017 Zoning By-law Amendment Owner: Waverly Road Properties Inc. .., 697 ..- CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle 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 to implement ZBA 2003-017 that allows development to proceed on ten commercial blocks within a plan of subdivision; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding-Special Purpose Commercia! ((H)C5) Zone" to "Special Purpose Commercial (C5) Zone" 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 of the Planning Act. BY-LAW read a first time this day of 2003 , BY-LAW read a second time this 2003 dayof BY-LAW read a third time and finally passed this day of 2003 John Mutton, Mayor Patti L. Barrie, Municipal Clerk 698 ATTACHMENT 2 -- This is Schedule "A" to By-law 2003- passed this day of . 2003 A.D. , BASELINE ROAD <RDMl ~"'~T~ BF ~ NrUl CON ~ I ~ UN. j r "'''''''''' !l :! ~ ~ . . ~~ II ~ ~ ;~I I 9 ~ !l:i ~I !! :E ~\ ~ II i /!I ~II --- - - - -- ~ CJ]:. ..' .'..... " .'" ..... ZONING CHANGE FROM "(H)C5" TO "C5" ZONING TO REMAIN "EP" John Mutton, Mayor Patti L Barrie, Municipal Clerk ELINE ROAD 1JQ, '6~ CO':"' I'" BASELINE o <! o 0:: Z F 0:: <! :::; <to g?O ~ ^Rl\t.R [ ON/>-lD-Cn M~CD . ",0\ />-" ROi'D ICt. Bowmanville J