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HomeMy WebLinkAboutPD-33-98DN:HENRV.GPA THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File # T7~4.T~~~ 9g bCq Date: Monday, March 23, 1998 Res. #G~ ~- jta~"~~ Report #: PD-33-98 File #: DEV 98-009 By-law # Subject: REZONING APPLICATION -TEMPORARY USE BY-LAW APPLICANT: RANDY HENRY ON BEHALF OF 1070702 ONTARIO LTD. PART LOTS 29 & 30, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON 1696 BLOOR STREET, COURTICE FILE NO.: DEV 98-009 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-33-98 be received; 2. THAT the application to amend Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, submitted by Randy Henry on behalf of 1070702 Ontario Ltd. be referred back to staff for further processing and the preparation of a subsequent report following the receipt of the outstanding agency comments; and 3. 1. 1.1 1.2 1.3 1.4 Area: THAT all interested parties listed in this report and any delegation be advised of Council's decision. APPLICATION DETAILS Owner: Randy Henry on behalf of 1070702 Ontario Ltd. (same as above) Agent: From "Special Purpose Commercial Exception (C4-13)" to an appropriate zone that would permit the continued use of these lands for a Flea Market and Auction Room on a temporary basis for a period of up to three years. Zoning: 4.05 hectares (10.01 acres) ~,r'~ REPORT NO.: PD-33-98 PAGE 2 2. BACKGROUND 2.1 On February 10, 1998, the Planning and Development Department received an application to amend Zoning By-law 84-63 in order to permit the continued use of the subject property for a Flea Market and Auction Room on a temporary basis for a period of up to three years. 2.2 The area subject to the proposal is located at 1696 Bloor Street, Courtice. This address is on the north side of Bloor Street, west of Courtice Road and east of Trulls Road. The more formal location description is Part Lots 29 and 30, Concession 2, former Township of Darlington. 3. PUBLIC NOTICE AND SUBMISSIONS 3.1 Pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within the prescribed distance. 3.2 As a result of the public notification process, to date, the Planning and Development Department has received no inquiries. 4. OFFICIAL PLAN CONFORMITY 4.1 Within the Durham Regional Official Plan, the subject property is designated as Living Area. The application conforms. 4.2 Within the Caarington Official Plan, the subject property is designated as Future Urban Residential. The application conforms. 5. ZONING BY-LAW COMPLIANCE 5.1 Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, the subject property is zoned "Special Purpose Commercial Exception (C4-13)". This - 602 REPORT NO.: PD-33-98 PAGE 3 special exception allows the property to be used for a Flea Market and Auction Room for a period of three years, ending May 25, 1998. This expiration date necessitates the current temporary use by-law application. 6. AGENCY COMMENTS 6.1 The rezoning application was circulated to various agencies and other departments by the Planning and Development Department. Comments received to date are as follows. 6.2 The Clarington Public Works Department -Building Division had no objection to the application but confirmed, as noted in the earlier applications, in accordance with Ontario Building Code standards, certain buildings are not to be used for retail uses or occupancy. 6.3 The Public School Board had no objections to the application, however, it did reference its previous 1991, 1993 and 1995 comments, which requested a "confirmation.......that the hours of operation will be evening and weekend only". Subsequent to this comment, the applicant was asked to provide such a confirmation in a letter, which has been done. This letter has been forwarded to the Public School Board. 6.4 Comments remain outstanding from: the Clarington Fire Department, Central Lake Ontario Conservation, the Regional Planning Department, the Regional Health Department and the Regional Works Department. 7. STAFF COMMENTS 7.1 Staff notes that this proposed Temporary Use By-law would be the third consecutive Temporary Use By-law to be passed for the above uses on the above property. 603 REPORT NO.: PD-33-98 PAGE 4 7.2 Staff notes that the applicant has previously submitted a rezoning application in 1993 that would permit the flea market and auction room on a permanent basis. The applicant has indicated a difficulty in meeting the Regional Health Department requirements. 7.3 As the purpose of this report is to give the status of the application for the Public Meeting, it is appropriate to have the application referred back to staff for further processing. Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development BR*LT*FW*df 13 March 1998 Attachment #1 -Site Location Key Map Reviewed by, W.H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Randy Henry 2 Rothean Drive Whitby, Ontario LiP 1L5 b04 ATTACHMENT # 1 ® SUBJECT SITE LOT 30 LOT 29 LOT 28 N -- - ~ -J ~ o I ~ ~ W v~ U J Z ~ ~ ~ O ri B 'T ~ z O ~ w i U - - f ~ ~ U ~ I - _ ~ i i ,_ ~ S COURTICE D E V. 98-009 KEY MAP 605