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HomeMy WebLinkAboutBy-law 6124/03PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM April 15, 2003 To: Bruce Taylor City Clerk From: Carla Pierini Planner I Subject: Draft Amending By-law to Remove a Holding Symbol Zoning By-law Amendment Application A 9/03 J. & K. Shopping Centre Inc. 2060- 2078 Liverpool Road (South west corner of Liverpool Road and Bushmill Street) City of Pickering Further to Council's and the Ontario Municipal Board's approval of Zoning By-law 5500/99 on May 28, 2002, that designated the subject lands as "C4" with an "(H)"- Holding Symbol, this Department has prepared a draft amending by-law to remove the "(H)" - Holding Symbol from the subject lands (see attached Location Map). The draft amending by-law is attached for the consideration of City Council at its meeting scheduled for April 22, 2003. Prior to an amendment to remove the "(H)" holding symbol preceding the "C4" Zone designation on the subject lands, the owner was required to enter into a site plan agreement, to the City's satisfaction, concerning the use of the subject property for the purposes of a bakery, a private non-residential school, a day nursery, and/or a restaurant-type "A" use. The site plan agreement was required to contain a provision with respect to the installation of mechanical exhaust equipment, which incorporates odour control measures, prior to the establishment of either a bakery or a restaurant-type "A". The owner has entered into a site plan agreement, and a provision regarding the installation of mechanical exhaust equipment has been included, to the City's satisfaction. Therefore, the property owner has satisfied the requirements for the lifting of the (H) Holding Symbol. The purpose and effect of this by-law is to lift the (H) Holding Symbol designation to permit additional commercial uses on the subject lands. Draft Amending By-law to Remove a Holding Symbol April 15, 2003 Page 2 If you require further information or clarification, please do not hesitate to contact me at extension 2030. I concur that this by-law be considered at this time. Direct-~, .P.J~~' Devel~ment Carla Pierini Planner I CXP:jf cpierini/rezoning/J&K/lift H memo to Clerk.doc Attachments THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO 6124/0.1 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-laws 1158/80, 3878/91 and 5500/99, to implement the Official Plan of the City of Pickering, Region of Durham, Block 1, Plan 40M-1236, in the City of Pickering. (A 09/03) WHEREAS the Coundl of the Corporation of the City of Picketing and the Ontario Municipal Board passed By-law 5500/99, being a by-law to amend By-law 1158/80, to permit the development of additional commercial uses on the subject property, Block 1, Plan 40M- 1236, in the City of Pickering; AND WHEREAS By-law 1158/80 includes an "(H)" Holding Symbol preceding the commercial zoning on the lands, which has the effect of preventing any commercial use such as a day nursery, a bakery, a private non-residential school, or a restaurant-type "A" from occurring until such time as the owner enters into a site plan agreement to the City's satisfaction, such agreement is to contain a provision with respect to the installation of mechanical exhaust equipment, which incorporates odour control measures, prior to the establishment of either a bakery or a restaurant- type "A"; AND WHEREAS the owner has now entered into a site plan agreement, and a provision regarding the installation of mechanical exhaust equipment has been included, to the City's satisfaction; AND WHEREAS an amendment to amending By-law 1158/80, to remove the "(H)" Holding Symbol preceding the 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) Holding Provision of By-law 1158/80, as amended by By-law 5500/99, is hereby repealed. 2. SCHEDULEI Schedule I to By-law 1158/80, is hereby amended by removing the "(H)" Holding Symbol preceding the "C4" Zone designation on the subject lands as set out on Schedule I attached hereto. 3. AREA RESTRICTED By-law 3036, 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 I attached hereto. Definitions and subject matter not specifically dealt with in this by-law shall be governed by the relevant provisions of By-law 3036, 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 22nd day of, April ,2003. Wayne A..rt~urs, Mayor ;'Bruce Taylor, Clerk C4 BLOCK 1, 4OM -- 12,56 SCHEDULE T TO BY-LAW 1158/80 AMENDED BY-LAW 55O0/99 AS FURTHER AMENDED BY BY-LAW 24/O3 AS MADE BY ONTARIO MUNICIPAL BOARD ORDER DATE MAY 28TH, 2002 (O.M.B FILE R010091) ROAO ~EADOWLANE RIGBY DRIVE ~LE GATE HALSEY HYDRO CORRIDor SUBJEC' PR~ HYDRO MAPLE RIDGE DRIVE BUSHMILL BARNWOOD SQUARE STREET PARKDALE STREET FINCH RIDGEWOOD GLOUCESTER AVENUE CANBOROUGH ANTON SQUARE FAYLEE FINCH AVENUE EVERTON STREET FIELDLIGHT ROSEFIELD BRANDS GLENANNA ROAD City of Pickering Planning & Development Department JDATE APR. 7, 2003