HomeMy WebLinkAboutBy-law 6140/03May 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~Jtaylor\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 Pickering 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-law 6070/02, to
"(H)" Holding Symbol preceding the industrial-commercial zoning on
lands is therefore deemed appropriate;
remove the
the subject
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"
Holdin.q 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-law 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, Mat/or
OS-HL
~MC-17
PARTS 1 - 14, 17 - 20,
40R-18728
SCHEDULE T TO BY-LAW
AS AMENDED BY BY-LAW
PASSED THIS 26
DAY OF May 2003
6070/02
6140/03
MAYOR
QUARTZ ST.
BAYLY STREET
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