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HomeMy WebLinkAboutMay 26, 2003 (Special)Special Council Meeting Agenda Monday, May 26, 2003 (I) BY-LAWS By-law Number 6140/03 Being a by-law to amend Restricted Area (Zoning) By-law 2511, as amended by By-law 6070/02, to implement the Official Plan of the City of Pickering, Region of Durham, Lots 1-7 and 10, Plan M-1040, City of Pickering. (A 11/03) PURPOSE: LOCATION: APPLICANT: ZONING BY-LAW SOUTH-WEST CORNER OF BAYLY STREET AND SQUIRES BEACH ROAD INVAR BUILDING (11) ADJOURNMENT May 23,2003 PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM To: From: Subject: Bruce Taylor City Clerk Neil Carroll Director, Planning & Development Draft Amending By-law to Remove a Holding Symbol Zoning By-law Amendment Application A 11/03 Invar Building (South-west corner of Bayly Street and Squires Beach Road) City of Pickering On December 16, 2002, Council passed By-law 6070/02, which zoned the Invar lands "MC-17" to accommodate the relocated 'flea market' and other uses. The zoning included an "(H)"- Holding Symbol to provide the City with assurance that its requirements respecting this development would be met. We have prepared a draft amending by-law to remove the "(H)" - Holding Symbol from the subject lands (see attached Location Map). At the request of the applicant and the Chief Administrative Officer, the draft amending by-law is attached for the consideration of City Council on May 26, 2003, following the Finance and Operations Committee meeting. Under the "(H)",Holding provision of the by-law and prior to the removal of the holding provision, the owner is required to execute and register appropriate agreements with and to the satisfaction of the City of Pickering and / or the Region of Durham, to provide for the development of buildings or structures on the lands. The Region of Durham has advised that it has no objection to the lifting of the (H) Holding provision of the Zoning By-law. Further, while formal site plan and development agreements have not yet been entered into between the City and Invar, staff are satisfied that appropriate measures are in place to protect the City's interests. These include an engineer's cost estimate and undertaking from Invar respecting road reconstruction and site development. The site plan for this development has been considered by the Site Plan Committee and final drawings for site plan approval are being prepared by the applicant. The Region of Durham has committed funds to the upgrading of the Bayly Street / Squires Beach intersection and Council has approved funding for the urbanization of Squires Beach Road in its 2003 budget. Bruce Taylor May 23, 2003 Draft Amending By-law to Remove a Holding Symbol Zoning By-law Amendment Application A 11/03 Page 2 The City has reviewed first submission drawings for the urbanization of Squires Beach Road, and Invar is about to go to tender for this road project. Invar has advised the City that there is extreme urgency in commencing construction of the building if November 2003 occupancy commitments are to be achieved. The lifting of the "H"-Holding provision enables the issuance of a conditional permit allowing a portion of the construction to start. This construction includes extensive foundation piling which will take several weeks to complete, due to existing soil conditions. Full permits will be withheld until final site plan approval has been issued and a development agreement respecting the construction of Squires Beach Road (including intersection improvements) has been executed. Further, Invar has provided the City with an independent professional estimate of costs for the urbanization of Squires Beach Road. This estimate provides additional 'comfort' to the City that required road works will be achieved within the available budget allocation. As noted in my December 19, 2002 memorandum to the Chief Administrative Officer (memo was distributed to Council) soil conditions in the vicinity of Squires Beach Road are poor, raising the potential that poor soil conditions may be encountered during construction. Should additional project costs be encountered due to soil conditions, Invar has agreed to 'front-end' these costs, subject to being reimbursed by the City in 2004 and possibly 2005. Should additional costs be encountered, these costs will be presented for Council approval in future budget submissions as priority road improvements. Consequently, it is recommended that Council pass the attached by-law to lift the "H"-Holding provision from the present zoning. The purpose and effect of this by- law is to lift the (H) Holding Symbol designation to permit additional industrial- commercial uses on the subject lands. If you require further information or clarification, please do not hesitate to contact me at extension 2025. Director, ~g & Development NC:kb J:\MGMT~taylor\lnvar\(H) Bylaw memo.doc Attachment Copy: Chief Administrative Officer THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO 6140/03 Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended by By-law 6070/02, to implement the Official Plan of the City of Pickering, Region of Durham, Lots 1-7 and 10, Plan M-1040, City of Pickering. (A 11/03) WHEREAS the Council of the Corporation of the City of Picketing deems it desirable to broaden the range of permitted employment area uses on the subject lands, being Lots 1-7 and 10, Plan M-1040, City of Pickering; AND WHEREAS By-law 6070/02 includes an "(H)" Holding Symbol preceding the industrial-commercial zoning on the lands, which has the effect of limiting uses on the subject property to those set out in Section 16.1 of By-law 2511 until such time as the owner satisfies the City respecting development of the subject lands. AND WHEREAS the owner has now satisfied the City respecting development of the land; AND WHEREAS an amendment to amending By-taw 6070/02, to remove the "(H)" Holding Symbol preceding the industrial-commercial zoning on the subject lands is therefore deemed appropriate; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. TEXT AMENDMENT Section 5.(3) (a) Uses Permitted "(H)" Holding Zone and (b) Removal of "H" Holding Symbol, By-law 2511, as amended by By-law 6070/02, is hereby repealed. 2. SCHEDULE I Schedule I to By-law 6070/02, is hereby amended by removing the "(H)" Holding Symbol preceding the "MC-17" Zone designation on the subject lands as set out on Schedule I attached hereto. 3. AREA RESTRICTED By-law 2511, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Section 1 above, and as set out in Schedule l attached hereto. Definitions and subject matter not specifically dealt with in this by-law shall be governed by the relevant provisions of By-law 2511, as amended. 4. EFFECTIVE DATE This By-taw shall take effect from the day of passing hereof. BY-LAW read a first, second, and third time and finally passed this 26 May ,2003. __day of, Wayne Arthurs, Mayor Bruce Taylor, Clerk OS-HL · '- MC-17 PARTS 1 - 14-, 17 - 20, 4OR- 18728 SCHEDULE T TO BY-LAW 6070/02 AS AMENDED BY BY-LAW 6140/03 PASSED THIS 26 DAY OF May' 2003 MAYO R CLERK QUARTZ ST. BAYLY STREET ~OOK ~ 0 ri ' SILICON DRIVE City of Pickering Planning & Development Department I D^~ 2~, 20Or: