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to - ON: PD-64-99
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
,
REPORT
Report #:
PD-64-99
FILE #: ZBA 99-021 and
ZBA 99-022
File # 7)/'-} Z!3IJ CJ?();;J I
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Res. #0P!+~ 5').~~
By-Iaw# qq-67
Meeting:
General Purpose and Administration Committee
Date:
Monday, June 21,1999
Subject:
REMOVAL OF HOLDING - 564069 ONTARIO INC.
PART LOT 27, CONCESSION 1, FORMER VILLAGE OF NEWCASTLE
FILES: ZBA 99-021 AND ZBA 99-022
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-64-99 be received;
2. THAT the rezoning application submitted by Tensin Gyaltsan, on behalf of 564069
Ontario Inc., requesting the removal of the Holding "H" symbol from the subject
lands be APPROVED and that the amending By-law attached hereto be forwarded to
Council for approval;
3. THAT a copy of this report and the amending By-law be forwarded to the Region of
Durham Planning Department; and,
4. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
1. APPLICATION DETAILS
1.1 Applicant:
564069 Ontario Inc.
1.2 Agent:
Tenzin Gyaltsan
1.3 Rezoning:
Removal of Holding "H" symbol
1.4 Site Plan Application:
To construct a parking lot to serve the adjacent
supermarket and former Massey building.
622
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REPORT NO.: PD- 64-99
PAGE 2
2. BACKGROUND
2.1 On May 28, 1999, Tenzin Gyaltsan submitted applications on behalf of 564069
Ontario Inc. for site plan approval and removal of the Holding "H" symbol. The
subject lands are located on the east side of the former Massey building and south
of the newly constructed IGA supermarket in Newcastle Village. They are legally
described as Part Lot 27, Concession 1, in the former Village of Newcastle.
2.2 The removal of the Holding (H)" symbol would permit development of a parking lot
serving the adjacent supermarket and former Massey building.
3. STAFF COMMENTS
3.1 The lands are currently zoned "Holding - General Commercial Exception ((H)C1-
24)" and "Holding-General Commercial Exception ((H)C1-25)". The Holding "H"
symbol can be removed upon Council being satisfied that the development will be
adequately serviced, have proper access, will be used for the purposes intended
under the Zoning By-law.
3.2 The site plan application has been circulated to the appropriate agencies and
remains subject to various conditions of approval. Development issues will be
addressed through the site plan agreement. These agreements with the Municipality
must be executed to the satisfaction of the Director of Planning and Development
and the Director of Public Works prior to construction of the parking lot.
3.3 Based on previous comments from abutting property owners, Staff will ensure that
the parking area is sufficiently screened from adjacent residential properties. The
applicant will maintain a minimum 3.0 metre landscaping buffer around the
perimeter of the parking lot. A 1.8 metre fence will also be required around the
entire parking lot.
623
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REPORT NO.: PD- 64-99
PAGE 3
3.4 The Ganaraska Region Conservation Authority has approved a stormwater
management plan for the parking lot. All stormwater will be conveyed from the site
through storm sewers.
3.5 Pursuant to Sections 34 and 36 of the Planning Act, a Zoning By-law Amendment to
remove the Holding "H" symbol is not subject to the normal appeal period
applicable to standard rezoning applications, and therefore shall be deemed final
and binding should Council grant its approval.
4. RECOMMENDATION
4. In consideration of the comments noted above, Staff would have no objection to the
removal of the Holding "H" symbol as shown on the attached By-law.
Reviewed by,
D v . Crome, M.C.I.P., R.P.P.
Dire or of Planning & Development
c)v~ --t)
Franklin Wu, M.C.I.P., R.P.P.
Chief Administrative Officer.
RH*DC*df
4 June 1999
Attachment #1 - Key Map
Attachment #2 - Amending by-law
Interested parties to be notified of Council and Committee's decision:
Mr Tenzin Gyaltsan
564069 Ontario Inc.
15 King Street West
NEWCASTLE, Ontario
L1 B 1 K9
624
ATTACHMENT NO.1
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NEWCASTLE VILLAGE
KEY MAP
ZBA.99-021
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THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON
BY-LAW NUMBER 99-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
former Corporation of the Town of Newcastle
WHERERAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of
Newcastle to implement application ZBA 99-021 and ZBA 99-022 to permit the
development of a parking lot to serve the adjacent supermarket and former Massey
building;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule "5" to By-law 88-64, as amended, is hereby further amended by changing
the zone designation from:
"Holding - General Commercial Exception ((H)Cl-24) Zone" to "General
Commercial Exception (Cl-24) Zone" and "Holding-General Commercial Exception
((H)Cl-25) Zone" to "General Commercial Exception (Cl-25) Zone" as shown on
the attached Schedule "A" hereto.
2. Schedule "A" attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Sections 34 and 36 of the Planning Act.
BY-LAW read a first time this day of
1999.
8Y-LAW read a second time this day of
1999.
BY-LAW read a third time and finally passed this day of
1999.
MAYOR
CLERK
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OLD
ATTACHMENT NO.2
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This is Schedule"A" to By-law 99- ,
passed this day of , 1999A.D.
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