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HomeMy WebLinkAboutPSD-067-02 Q!J!1!1gron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday June 17, 2002 PI t.J PSD-067-02 File #: ZBA 200~-015 6111- :;2SU-{):z. By-law #:;2tO)- -c:Jf X Report #: Subject: APPLICATION FOR REMOVAL OF HOLDING APPLICANT: TUNNEY PLANNING INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-067-02 be received; 2. THAT the attached by-law to remove the Holding (H) symbol be APPROVED and 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. ',bm"""by' ~ Da'vid . Crome, MCIP, RP.P. Director of Planning Services Reviewed bYO ~...:... ~ Franklin Wu, Chief Administrative Officer SA*L T*DJC*sn June 6, 2002 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-0830 674 REPORT NO.: PSD-067-02 PAGE 2 1.0 APPLICATION 1.1 Owner: Clarington RPM 1.2 Applicant: Tunney Planning Inc. 1.3 Rezoning: Removal of "Holding (H)" symbol from "Holding - General Industrial ((H)M2)" to "General Industrial (M2)" 1.4 Location: Part Lot 26, Broken Front Concession, former Township of Darlington 2.0 BACKGROUND 2.1 On May 7, 2002, Staff received a request from Tunney Planning on behalf of Clarington RPM (Bill Labanovich) for the removal of the "Holding (H)" provision from 81 Osbourne Road. This application was received concurrently with a site plan application for the development of an industrial building on the property. Attachment 1 shows the location of the lot currently zoned "Holding - General Industrial ((H)M2)". 3.0 STAFF COMMENTS 3.1 The subject property is presently zone "Holding - General Industrial ((H)M2). 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 removal of holding application is being brought forward at this time, as the site plan process is now underway with the majority of comments received from commenting agencies and departments. Staff anticipate that the site plan agreement will be completed by the end of June 2002. As Council will have recessed at this time, staff are recommending the Holding symbol be removed at this time to facilitate development at the site during August 2002. 675 REPORT NO.: PSD-067-02 PAGE 3 3.3 A building permit will not be issued for this site until a site plan agreement has been entered into and all required letters of credit for performance guarantees, cash-in-lieu of parkland and development charges have been received by the Municipality of Clarington. 3.4 It is noted that pursuant to Section 36 of the Planning Act, 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. 3.0 RECOMMENDATIONS 3.1 In 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- Attachment 2 Key Map By-law for Removal of Holding (H) Interested parties to be advised of Council's decision: Clarington RPM c/o Bill Labanovich P.O. Box 195 BOWMANVILLE, Ontario L 1 C 3K9 Tunney Planning Inc. 340 Byron Street South Unit 200 WHITBY, Ontario L 1 N 4P8 Johnson Building Construction lnc, Unit 1 - 2100 Forbes Street WHITBY, Ontario L 1 N 9T3 676 REPORT NO.: PSD-067-02 PAGE 3 3.3 A building permit will not be issued for this site until a site plan agreement has been entered into and all required letters of credit for performance guarantees, cash-in-Iieu of parkland and development charges have been received by the Municipality of Clarington. 3.4 It is noted that pursuant to Section 36 of the Planning Act, 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. 3.0 RECOMMENDATIONS 3.1 In consideration of the comments noted above approval of the rernoval of the "Holding (H)" symbol as shown on the attached by-law and schedule (Attachrnent 2) is recommended. Attachments: Attachment 1- Attachment 2 Key Map By-law for Removal of Holding (H) Interested parties to be advised of Council's decision: Clarington RPM c/o Bill Labanovich P.O. Box 195 BOWMANVILLE, Ontario L 1 C 3K9 Tunney Planning Inc, 340 Byron Street South Unit 200 WHITBY, Ontario L 1 N 4P8 Johnson Building Construction Inc. Unit 1 - 2100 Forbes Street WHITBY, Ontario L 1 N 9T3 676 ATTACHMEINT 1 LOT 26 BROKEN FRONT CONCESSION " ,00 .~ ~p~! 2 00'-- H"~ - ,1r6DZl --,---- 'lfO,~"jll ! R G " ~ OOl --,~~~~_~.o< ~;:l'_ furu~f RUA!l llLOWltKL Cl <( o a:: UJ z a: ::J o 00 CJ) o -' lii5_Q.~'lI' '", [ID!1I , , ~ ~ ') .. , . ~ J ZBA 2002-015 and SPA 2002-019 Zoning By-law and Site Plan Amendments I 1151223 Ontario Limited I 677 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2002-_ 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 2002-015. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enact as follows: 1. Schedule "1" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding - General Industrial ((H)M2)" to "General Industrial (M2)". 2. Schedule "A" attached hereto shall form part of the By-law. 3. This By-law shall come into effect in the date of passing hereof, subject to the provisions of Section 34 and 36 of the Planning Act. BY-LAW read a first time this day of 2002 BY-lAW read a second time this day of 2002 BY,LAW read a third time and finally passed this day of 2002 John Mutton, Mayor Patti L. Barrie, Municipal Clerk 678 ATTACHMENT 2 . This is Schedule "A" to By-law 2002- passed this __ day of . 2002 A.D. , LOT 26 BROKEN FRONT CONCESSION ~ __----y---_n_________" '"..."...,,'~ ,"'...., '"'ll ""0''''''[ " , I;OIUI' \.--.-0 D Zoning Change from UCH)M2"to uM2" John Mutton, Mayor Patti L. Borrie, ~unicipol Clerk -:: ~ ~ J Darlington 679