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HomeMy WebLinkAboutBy-law 6147/03PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM May 29,2003 To: Bruce Taylor City Clerk From: Perry Korouyenis Planner I Subject: Draft Amending By-law to Remove a Holding Symbol Zoning By-law Amendment Application A 12/03 Frenchman's Bay Village (Marshall Homes) / Pickering Harbour Company Marina South-west sector of Liverpool Road and Wharf Street City of Pickering Further to Council's and the Ontario Municipal Board's approval of Zoning By-law 6090/03, that designated the subject lands as "MU-16", "RM-I", and "O3B-1" 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 2, 2003. Prior to an amendment to remove the "(H)" holding symbol preceding the "MU-16", "RM-I", and "O3B-1" 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 agreement with the City of Pickering has been executed, however to date it has not been registered. Through discussions with Legal Counsel representing the City on this matter, Staff and Legal Counsel are satisfied that appropriate measures are in place to protect the City's interests. 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 12/03 May 29, 2003 Page 2 The purpose and effect of this by-law is to lift the (H) Holding Symbol designation to permit the development of a portion of the subject lands for residential uses in the form of 66 townhouses and semi-detached dwellings with the potential for future conversion of the ground floor of a maximum of 8 dwelling units along Liverpool Road to commercial uses, and redevelopment of the existing marina. If you require further information or clarification, please do not hesitate to contact me at extension 2194. I concur that this by-law be considered at this time. Director, F~la~'~g ¢~ev~iopmen, 4._ ..... 4:zta.nnerl ........ PK:Id jldocuments/planning/C~-3oOO/d-3300/a12-O3/frenchmansbay(H)2.do¢ Attachments THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO 6147/03 Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended by By-law 6090/03, to implement the Official Plan of the City of Pickering, Region of Durham, Part of Lot 23, Range 3, B.F.C., in the City of Pickering. (A 12/03) WHEREAS the Council of the Corporation of the City of Picketing and the Ontario Municipal Board passed By-law 6090/03, being a by-law to amend By-law 2511, to permit the development of 66 townhouse units of which 8 will have potential for ground floor commercial uses and redevelopment of the existing marina on lands west of Liverpool Road, Part of Lot 23, Range 3, B.F.C., in the City of Pickering; AND WHEREAS By-law 6090/03 includes an "(H)" Holding Symbol preceding the mixed use, residential and waterfront zoning on the lands, which has the effect of preventing any use on the lands, except marina and marina support uses, from occurring 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 lands; AND WHEREAS an amendment to amending By-law 6090/03, to remove the "(H)" Holding Symbol preceding the mixed use, residential and waterfront 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 6. Holding Provisions (H) Holding Symbol; Subsection 6.(a)(i) and Subsection 6.(b)(i), (ii) and (iii) of By-law 6090/03, are hereby repealed. 2. SCHEDULE I Schedule I to By-law 6090/03, is hereby amended by removing the "(H)" Holding Symbol preceding the "MU-16", "RM-I", and the "O3B-1" Zone designations on the subject lands as set out on Schedule I attached hereto. 3. AREA RESTRICTED By-law 2511, as amended by By-Law 6090/03, 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 by By-law 6090/03. 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 3une ,2003. 2nd day of Wayne Arthurs, Maygr "'Bruce Taylor, Clerk MU-16 RM-1 FI~£NCHA~AN 'S WATER'S EDG SCHEDULE T TO BY-LAW AS AMENDED BY BY-LAW AS MADE BY ONTARIO MUNICIPAL BOARD 6147/03 ORDER DATE (O.M.B. FILE Z010163) ~ ~ -- --~1---- --c-- ~ " .. '.,E_= _-.~ ii ---E , ~',,,cc... ,,~.,,.,,- ,~- .~ ~-i-~ -- '-'°" -.,.^ "--*"*'"'"':' ' - City of Pickering Planning & Development Department ? I D^'rE MAY 12, 2003 II