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Home My WebLink AboutPD-50-98°~DN: PD-50.98 '- THE CORPORATION OF THE MUNICIPALITY OF CLALINGTON REPORT Meeting: Date: General Purpose and Administration Committee Monday, April 20, 1998 Filet~g-~J .°(~ ~~. Res. #(~Pq - ~~7' 9~` Report #: PD-50-98 FILE #: DEV 98-009 By-law # 9~ ~ 6_ Subject: REZONING APPLICATION -TEMPORARY USE BY-LAW APPLICANT: RANDY HENRY ON BEHALF OF 1070702 ONTARIO LTD. PART LOTS 29 & 30, CONC. 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-50-98 be received ; 2. THAT the amendment to Zoning By-law 84-63, 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, as per Attachment No. 3 to this Report, be APPROVED; 3. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Owner: Randy Henry on behalf of 1070702 Ontario Ltd. 1.2 Applicant/Agent: (same as above) 1.3 Zoning: from "Special Purpose Commercial Exception (C4-13)" to an appropriate zone 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. 1.4 Area: 4.05 hectares (10.01 acres) 642 REPORT NO.: PD- 50-98 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 (see Attachment #1). The more formal location description is Part Lots 29 and 30, Concession 2, former Township of Darlington. 2.3 A public meeting for the rezoning application was held on March 23, 1998. Only the applicant/owner, Mr. Randy Henry spoke. He noted that he was coming back for another temporary use by-law because his permanent rezoning was delayed due to the large costs associated with the installation of the required septic system and the required well. He also noted that he did not allow hazardous materials on his property and that all food vendors must get Regional Health Department approval before talking to him about vending on his property. 2.4 To date, there has been one written submission and no inquiries. A couple wrote to state that they strongly opposed a permanent rezoning because they felt property values in the area would be reduced. They said they did support the continuation of the use through a succession of temporary use by-laws. They said a comprehensive plan should be developed for the area and a permanent rezoning would encumber such an effort whereas the temporary use by-laws do not. They said that in the long run, a permanent rezoning "....may be contrary to the best interests of all concerned." 643 REPORT NO.: PD- 50-98 PAGE 3 3. OFFICIAL PLAN CONFORMITY 3.1 Within the Durham Regional Official Plan, the subject property is designated as Living Area. The application conforms. 3.2 Within the Clarington Official Plan, the subject property is designated as Future Urban Residential. The Policy of the Plan allows the continuation of an existing use. The proposal conforms. 4. ZONING BY-LAW COMPLIANCE 4.1 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 Special Exception zoning states: "the lands zoned "C4-13"..... shall be used for a flea market and auction room..... these uses may be permitted for a period of three (3) years, ending May 25"', 1998. 4.2 The rezoning application is needed to permit the continued use of the flea market and the auction room beyond May 25's, 1998. The by-law amendment attached to this report would amend the (C4-13) zone by changing the expiry date to April 27, 2001. 5. AGENCY COMMENTS 5.1 The rezoning application was circulated to various agencies and other departments by the Planning and Development Department. Comments received to date are as follows. 5.2 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. 644 y~ REPORT NO.: PD- 50-98 PAGE 4 5.3 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. The applicant has provided a letter of confirmation to the Public School Board. 5.4 The Clarington Fire Department stated that the most westerly building is not approved as an auction hall. It also stated that auctions may be held outside and the same building may be "used as storage only". The applicant has submitted a letter to the Planning and Development Department stating his intention to not hold auctions anymore in the above building. 5.5 The Central Lake Ontario Conservation Authority had no objection to the continuation of the existing use under a Temporary Use By-law. 5.6 The Regional Health Department has indicated that the current holding tank system was approved as a temporary facility fora 3 year period in 1992. The Health Department has requested a letter from the applicant, which is discussed further in the next paragraph. The sanitary sewage generated on site through use of the holding tank system can be accommodated at the Region's Harmony Creek Sewage Treatment Plant subject to: a) the sewage hauling being done by a licensed carrier; b) that carrier taking out a sewage disposal permit at the above plant; and c) that carrier limiting disposal times at the above plant to - 7:30 a.m. to 3 p.m., Monday to Friday. 5.7 The Regional Health Department has sent a letter to the applicant, Mr. Henry, and circulated copies of it to the Clarington Planning and Development Department and the Regional Planning Department. The letter notes the flea market has been zoned temporary since 1992 and that the current sewage holding tank system was 645 f REPORT NO.: PD- 50-98 PAGE 5 approved as a temporary facility fora 3 year period in 1992. The letter concludes with the following requirement. °This office would like a letter from you outlining when you are going to install the permanent sewage system at your facility." 6. STAFF COMMENTS 6.1 It is noted for the Committee's information that the proposed temporary use by-law would represent a third consecutive temporary use by-law being passed for the above property. The termination of this application's temporary use by-law period on April 27, 2001 would represent nine (9) continuous years of this temporary use. 6.2 The applicant previously applied for a permanent rezoning in August 1993. The applicant has expressed difficulty in securing financing to meet the costs of fulfilling the Regional Health Department's two requirements of providing a new Class 4 private sewage disposal system and a drilled well. This difficulty has resulted in little progress on the permanent rezoning application. The applicant has submitted a letter to the Planning and Development Department (see Attachment #2) stating his intention to not apply for any further temporary use by-laws and to conclude the permanent rezoning process by no later than April 27, 2001. Should Committee deem it appropriate to approve the current application, staff will monitor the process of the permanent application with the applicant. 7. CONCLUSION 7.1 In consideration of both agency comments and public submissions, and the staff comments in this Report, it is respectfully recommended that the attached zoning by-law amendment 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 be APPROVED. 646 ~.. REPORT NO.: PD- 50.98 PAGE 6 Respectfully submitted, ~. Franklin Wu, M.C.I.P., R.P.P. Director of Planning & Development BR*LDT*FW*cc April 8, 1998 Reviewed by, 'h~WW~~-l~~ W.H. Stockwell, Chief Administrative Officer. Attachment #1: Site Location Key Map Attachment #2: Copy of letter from applicant to the Planning and Development Department concerning future Temporary Use By-laws and the Permanent Rezoning Attachment #3: Zoning By-law Amendment Interested parties to be notified of Council and Committee's decision: Mr. Randy Henry 2 Rothean Drive Whitby, Ontario L1P 1L5 Mr. & Mrs. William & Elizabeth LeGros 1678 Bloor Street Courtice, Ontario L1E 2N1 - 647 ATTACHMENT #1 ® SUBJECT SITE LOT 30 LOT 29 LOT 28 - ~ - ~ _ ~ N _--- -- __~ ~ J -_ -_ Z a~ ~ o °~ _1 ~ ~ cn ~ - - ,~ v ~ ~ ~ o ~ ~ ~~ ~ U B~ -- i ~- z ,, o -- --~ w s Z 1 ° COURTICE KEY MAP D E V. 98-009 648 ATTACHMENT # 2 Courtice Flea Market 1696 Bloor St. Courtice, Ontario L1E 2N1 Phone 905-436-1024 Fax 905-430-3270 Mailing Address: 2 Rothean Dr. Whitby, Ontario L1P1L5 e-mail - randih@istar.ca March 31, Frank Wu Municipality of Clarington 40 Temperence St. Bowmanville, Ontario L1C 3A6 Dear Frank: ~; ~~~II~~D A?R U 1 1996 tv1UN1CIPALITY OF CLARINGTQN PLANNING DEPARTMENT I would like to outline our position in regards to our application for another temporary zoning permit. This will be the last time we apply for temporary zoning. As you aze aware the biggest obstacle that we have faced in our permanent zoning has been meeting the requirements of the health department. The health department requires us to instal] a permanent septic system and water supply, the cost of which would be approximately $60,000.00. We have not been in a position to afford this undertaking. As you aze aware I was involved as an owner of Oshawa Wood Products Ltd., the company that owned the property on which the Flea Market is located. ARer the bankruptcy of Oshawa Wood Products I purchased the property and the Flea Market business from the bank for the amount of the Oshawa Wood Products bank debt. We pay a substantial monthly payment to the bank and as a result there has been no surplus since we started this business six years ago. The bank will not put any more money into the business as they are in a very comfortable position, if we are forced to close the bank will liquidate the property and act on the personal guarantees that they hold. This is the reason that we have not been in a position to commit to the expense of installing a septic and water system. We have however, recently opened a section of the Flea Market which is specifically for craft vendors and it has created the additional revenues required to cover the cost of the septic and water systems. We will be in a position to do the required work by the fall of the year 2000 at the latest. Frank, in summary we do require a temporary zoning at this time, however, we will not apply for any further extensions in the future, we will also be proceeding with our permanent zoning application in about two years time. I trust this clarifies our position. Si c rely yours Randy He President 649 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle. WHEREAS 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 DEV 98-009. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section "19.4.13 SPECIAL PURPOSE COMMERCIAL EXCEPTION (C4-13) ZONE" is hereby amended by deleting the words "May 25`^, 1998" in the fifth line and inserting the words "April 27'", 2001 ". 2. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 39 of the Planning Act. BY-LAW read a first time this day of 199g. BY-LAW read a second time this day of 79gg. BY-LAW read a third time and finally passed this day of 7 ggg MAYOR - 650 ATTACHMENT i 3