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Home My WebLink AboutPSD-072-03 , . (J. 0 L~~ REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Report #: PSD-072 -03 File#: JJ/'f ZBA 2003/022 (X-ref: SPA 2003-001) GfR-'J..7t(--03 By-law #: /)CD3-cK1 Date: Monday, June 16, 2003 Subject: APPLICATION FOR REMOVAL OF HOLDING APPLICANT: ANOOP SARAF, 1529593 ONTARIO LIMITED PART LOT 9, CONCESSION 2, FORMER TOWN OF BOWMANVILLE 72 CONCESSION STREET EAST, BOWMANVILLE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report PD-072-03 be received; 2. THAT the request for the removal of the "Holding (H)" symbol for the lands shown on Attachment 1 be APPROVED and that the by-law contained in Attachment 2 be enacted and forwarded to the Region of Durham; and, 3, THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: D vid . Crome, MCIP, R.P.P. Director of Planning Services Reviewed by: d ~~ ~ Franklin Wu, MCIP, R.P.P. Chief Administrative Officer AR*CP*DJC*sh June 4, 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623- 3379 F (905)623-0830 647 REPORT NO.: PSD-072-03 PAGE 2 1.0 APPLICATION DETAILS 1,2 Rezoning: Anoop Saraf, 1529593 Ontario Limited Removal of "Holding (H)" symbol from "Holding - General Commercial ((H) C1) Zone", 1.1 Applicant: 1.3 Location: Part Lot 9, Concession 2, former Town of Bowmanville. 72 Concession Street East, Bowmanville 2.0 BACKGROUND 2.1 Staff received a request from Anoop Saraf of 1529593 Ontario Limited for the removal of the "Holding (H)" symbol from the referenced lands to permit the development of a commercial plaza. The "Holding (H)" symbol must be removed prior to the issuance of building permits, Attachment 1 shows the location of the lands for which the holding symbol will be removed. 2.2 The removal of the Holding (H) symbol would implement the proposed commercial plaza on the subject lands submitted as part of a site plan application (SPA 2003-001), 3.0 STAFF COMMENTS 3.1 The subject property is currently zoned "Holding - General Commercial ((H) C1) Zone". The provisions of the Zoning By-law allow for the removal of the "Holding (H)" symbol, by By-law, upon Council being satisfied that the uses to be permitted will be adequately serviced, have appropriate access, and will be used for the purposes intended by the By-law, 3.2 The applicant has applied for site plan approval for the development of the commercial plaza. The application has required some revisions to address conditions put forward by Staff. Specifically, Staff had requested that the developer acquire two small abutting parcels which are also zoned (H)C1 to develop the vacant lands at the north-west corner of Meams Avenue and Concession Street comprehensively. After some difficulty in finding the owners of the parcels and agreeing on a price, as there were considerable 648 , , REPORT NO.: PSD-072-03 PAGE 3 tax arrears on the properties, the developer has successfully acquired the lands. As a result of the addition of these lands, the proposed configuration of the buildings has undergone some revision, However, Staff is of the opinion that a site plan agreement will be entered into through the summer and that a building permit will be requested during Council recess, following the issuance of site plan approval. Removal of the "Holding (H)" symbol is necessary to permit issuance of the building permit. 3.3 The site plan agreement with the applicant will be registered on title, This agreement will address all of the Municipality's conditions, financial and otherwise, 3.4 A by-law amendment to remove the "Holding (H)" symbol is not subject to the normal appeal period afforded to a standard rezoning application, and accordingly shall be deemed final and binding should Council grant approval of same, 4.0 RECOMMENDATIONS 4.1 In consideration of the comments noted above, it is recommended that the Zoning By- law in Attachment 1 be approved for the removal of the "Holding (H)" symbol, to allow for the issuance of a building permit at such time as site plan approval has been awarded. Attachment 1 - Key Map Attachment 2 - By-law for Removal of "Holding (H)" Symbol Interested parties to be notified of Council and Committee's decision: Anoop Saraf 1529593 Ontario Limited 8 Magistrale Court Richmond Hill, Ontario L4C OH3 Milan Shah Mirage Steel Limited 23 Automatic Road Brampton, Ontario L6S 4K6 649 , ' ATTACHMENT 1 .....,'.... LOT 9 . CONCESSION 2 Tn" - ,~) <"'I':" t ~ ~ - ,',;W --r--c , +- +--t---- :=:r=-~ RESIDENTAL R3 _\~"..C-.., --."'" ""'.,_.... y~j','~_'-'I(.O. PROPOSED 1 STOREY AETAL/ COMt.t=ACIA.L BULDlNG 11390 Sq, m --~, \. [i] ,!!j CHANCE CO<.RT \1 ! , ~~i! " I~ _J ,>=~ / -_..-// 1 I ! i i ~I'-f-=--= : , 807,8 sq. m RESIDUHIAL R3 I __.._ ~ I! @ -+- , 1 I, ~i ,3 I-~i ,? J ~ ~, - " ._--"' '! ,,'/ ~- /,-~:' ~-.~. , , , ., ., \~ CONCESSION STREET TUCKER RD ;LANVI LE :RES'I HERRIMAN ST i TRUDEAU) :JD CRESj ORR McFEElERS CR, <?; qCltv~ u('HI'" ! DOWNHAM 01' i ~. f~ DRIVE RESID~NTIAL R3 .....,,'~ --->Ii -------. L_ -----", \ ~,...! '>T., .. , I ~i I '" Ii II II II " " // N'~,., In _<-I .' / I 1--- ,~ 1 '" .-,l.~ 0 I @ I~-- J ,~ ....! .. ~' T I f" r""--""''''n-- , '" ---+--,~ ~: --'-_.~ ---L--i--~__ _C----___ ""''''''''''''~ 1 , -'---r It-t-- i ! \~i J" , .! -, I EAST ZBA 2003-022 Zoning By-law Amendment Owner: Anoop/Milan 1529593 Ontario Limited 650 , ' THE 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 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 2003..()22 and SPA 2003-001 to permit the development of a commercial plaza, 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 - General Commercial ((H) C1) Zone" to "General Commercial (C1) Zone", as shown on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shail 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, R.S,O, 1990. By-Law read a first time this day of 2003 By-Law read a second time this day of 2003 By-Law read a third time and finally passed this day of 2003 John Mutton, Mayor Patti L, Barrie, Municipal Clerk 651 ATTACHMENT 2 This is Schedule "A" to By-law 2003- , passed this day of .2003 A.D. LOT 9 . CONCESSION 2 ~i:S':EWlh ;"~' , , "'I '1:1 J 1':;:::::::::::::1 ZONING CHANGE FROM "(H)C1" TO "C1" IIIF-~l ... :;l,-A~ - uc__ u~_~'_ .=./ CONCEsa'ON S T R E ET ,,~r John Mutton, Moyor Patti L. Barrie. Municipal Clerk . '----' f- -' (f) ;;: TUCKER RD <( DR. :LANVi LE I FLAXMAN (f) :RES.) 0 ;;: <( <( z no I Z m (f) <( no HERRIMAN :;; w '" ST ( 9 TRUDEAU 00 CRES) DRIVE SQUIR J Bowmanvllle 65