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HomeMy WebLinkAboutBy-law 6547/05PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM June 15,2005 To: From: Subject: Debi A. Bentley City Clerk Tyler Barnett Senior Planner - Site Planning Draft Amending By-law to Remove a Holding Symbol Zoning By-law Amendment Application A 12/05 Fampa Holdings Limited (Formula Ford & Volvo of Durham) Part of Lot 26, Range 3, B.F.C., Lots 127, 128 and 129, Plan 1051 City of Pickering Further to Council's approval of Zoning By-law 6111/03, that designated the subject lands as "SC-35" with an "(H)" - Holding Symbol, this Department has prepared a draft amending by-law to remove the "(H)" - Holding Symbol from the subject lands. The draft amending by-law is attached for the consideration of City Council at its meeting scheduled for June 20, 2005. Prior to an amendment to remove the "(H)" - Holding Symbol preceding the "SC-35" Zone designations on the subject lands, the owner was required to execute and register appropriate Site Plan and Development Agreements, with and to the satisfaction of the City of Pickering and/or Region of Durham, to provide for the development of buildings or structures on the land. The Region has advised that it has no objection to the lifting of the "(H)" - Holding provision of the by-law. The Site Plan and Development Agreements with the City of Pickering have been executed. To date the agreements have not been registered, however, staff anticipate the receipt of an appropriate Letter of Credit prior to June 20, 2005 to secure required works. Staff will advise if appropriate measures are not in place to protect the City's interest prior to Council's consideration of this by-law. Consequently it is recommended that Council pass the attached By-law to lift the "(H)" - Holding provision from the present zoning. Draft Amending By-law to Remove a Holding Symbol Zoning By-law Amendment Application A 12/05 June 15, 2005 Page 2 The purpose and effect of this by-law is to lift the "(H)" - Holding Symbol designation to permit the development, of the subject lands for a vehicle sales and sales establishment. If you require further information or clarification, please do not hesitate to contact me at extension 2042. I concur that this by-law be considered at this time. Director, I~i~ & Development T~ejBarne. Se~- Site Planning TB:Id Tbarnett\Fampa Holding By-law\Memo to Clerk(H).doc Attachments THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO 65/,. 7/05 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 6111/03, to implement the Official Plan of the City of Pickering, Region of Durham, Part of Lot 26, Range 3, B.F.C., Lots 127, 128 and 129, Plan 1051, in the City of Pickering. (A 12/05) WHEREAS the Council of The Corporation of the City of Pickering passed By-law 6111/03, being a by-law to amend By-law 3036, to permit the development of a vehicle sales and service establishment on the subject property, Part of Lot 26, Range 3, B.F.C., Lots 127, 128 and 129, Plan 1051, in the City of Pickering; AND WHEREAS By-law 6111/03 includes an "(H)" - Holding Symbol preceding the commercial zoning on the lands, which has the effect of preventing any vehicle sales and service uses from occurring until such time as the owner enters into appropriate agreements with the and to the City's satisfaction; AND WHEREAS the owner has now entered into a site plan and development agreements, to the City's satisfaction; AND WHEREAS an amendment to amending By-law 6111/03, to remove the "(H)" - Holding Symbol preceding the "SC-35" Zone designation 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. SCHEDULEI Schedule I to By-law 6111/03, is hereby amended by removing the "(H)"- Holding Symbol preceding the "SC-35" Zone designation on the subject lands as set out on Schedule I attached hereto. 2. TEXT AMENDMENT Section 5(3) - Holding Provision of By-law 6111/03, is hereby repealed. 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 Sections 1 & 2 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 20th day of, June, 2005. David ~ Debi A. Bentley, City Clerk 3,Om LOT 41, PLAN 1051 '\ ,,,/. 8.om SC.35 8.Om 17.5m SCHEDULE 1' TO BY-LAW AS AMENDED BY BY-LAW PASSED THIS ~n~-h DAY OF BUILDING ENVELOPE BUILD-TO-ZONE 61 13/03 ~-'-7/o~ 2005 N MAYOR CLERK