The URL can be used to link to this page

Home My WebLink AboutPD-131-98} DN: PD-131-98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: Date: PUBLIC MEETING General Purpose and Administration Committee Monday, November 16, 1998 Report #: PD-131-98 FILE #: DEV 98-059 File # ~1<-~.~, ;~ _ r,,~ . ,> Res. #C~1PR -S%7-q °~ By-law # ~ ~ Subject: REZONING APPLICATION - SYVAN DEVELOPMENTS LIMITED PART LOT 8, BROKEN FRONT CONCESSION, FORMER TOWN OF BOWMANVILLE - 405 LAKE ROAD FILE: DEV 98-059 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-131-98 be received; 2. THAT application to amend the Municipality's Zoning By-law 84-63 of the former Town of Newcastle, as amended, submitted by Irwin Hamilton on behalf of Syvan Developments Limited, be APPROVED as per the amending By-law contained in Attachment No. 2; and 3. 1. 1.1 1.2 1.3 THAT the Durham Region Planning Department, and all interested parties listed in this report and any delegation, be advised of Council's decision. APPLICATION DETAILS Applicant: Syvan Developments Limited Agent: Rezoning: 1.4 Area: Irwin Hamilton From "General Industrial Exception (M2-16)" to "General Industrial (M2)" 1.2 ha (2.96 acres) 2. LOCATION 2.1 The property subject to application for rezoning is located on the south side and almost at the end of Lake Road, in the Bowmanville Industrial Park. It is further b i~ 1 REPORT NO.: PD-131-98 PAGE2 described as being located in Part Lot 8, Broken Front Concession, in the former Town of Bowmanville, and is municipally known as 405 Lake Road. 3. BACKGROUND 3.1 The rezoning application was received October 6, 1998. The subject parcel has been recently purchased by Syvan Developments Limited, together with a number of other parcels within the Lake Road industrial subdivision. It is staff's understanding that the lot in question has in turn been sold to a third party, conditional on the zoning being amended to "General Industrial (M2)". The current "General Industrial Exception (M2-16)" zoning permits only a 'motor vehicle wrecking yard' within a fully enclosed building and no outside storage. 4. EXISTING AND SURROUNDING USES 4.1 Existing Uses: The subject lands are currently vacant. 4.2 Surrounding Uses: East - vacant industrial lot fronting on Lake Road West - T.S. Environmental, P.C.B. processing facility South - Canadian National Railway line and vacant land North - Multech Industries and a vacant industrial lot 5. PUBLIC MEETING 5.1 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 and tenant within the prescribed distance. 5.2 As of the drafting of this report, no written enquiries have been received. Verbal enquiries requested additional information regarding the proposed future development. 6~2 REPORT NO.: PD-131-98 PAGE3 Inasmuch as a site plan application has not been filed, staff can only confirm that any use of the property must comply with the uses permitted in the M2 zone. 6. OFFICIAL PLAN POLICIES 6.1 Within the Durham Regional Official Plan (DROP) the subject property is designated Employment Area. Lands designated as such shall be used for an array of uses including manufacturing, assembly and processing of goods, service industries, and warehousing. 6.2 Within the Municipality of Clarington Official Plan, the subject property is designated "Light Industrial". The predominant use of the lands so designated shall be manufacturing, assembling, processing, fabricating, repairing, research and development, and warehousing. Outside storage is limited to 25°/0 of the total gross building floor area, less than 3 metres high and located in well screened locations, generally at the rear of the building. The agent has advised the purchasers are proposing to have outside storage on site. 7 ZONING BY-LAW PROVISIONS 7.1 The current M2-16 zone is site specific and was approved by Council on February 23, 1998 as a result of an application filed by Global Automotive Recycling. The M2-16 zone only permits a motor vehicle wrecking yard within a fully enclosed building, with no outside storage. Unfortunately, following Council adoption of the zoning amendment to M2-16, the Global Automotive Recycling did not submit a site plan, and eventually their offer to purchase the property expired. 8 AGENCY COMMENTS 8.1 The application was not circulated to any agencies to obtain comments. 6~~3 REPORT NO.: PD-131-98 PAGE 4 9. STAFF COMMENTS 9.1 Application was filed in October to rezone the lands back to "General Industrial (M2)". The M2 zone allows a wide range of uses including outdoor storage associated with a permitted use. Irwin Hamilton has indicated that the purchaser is involved in metal manufacturing and requires outdoor storage. 9.2 Prior to Council's approval of the M2-16 zone in February 1998, the subject property was zoned M2. The applicant, at this time, wishes to have the zoning return to what was in place less than a year ago. The intention of the application is to request Council's permission to amend the zoning back to what was in place prior to the M2-16 rezoning application approval back in February 1998. 9.3 In order to expedite the approval process and in view of the fact that this is a simply, straight forward application in rezoning the land back to its original zone, staff is recommending approval be given immediately after the public meeting process. Respectfully submitted, %~~ ,~ Franklin Wu, M.C.I.P., R.P.P. Director of Planning & Development FW*df 5 November 1998 Reviewed by, Chief Administrative Officer. Attachment No. 1 - Key Map Attachment No. 2 - Proposed Zoning By-law Amendment n li 't REPORT NO.: PD-131-98 PAGE 5 Interested parties to be notified of Council and Committee's decision: Syvan Developments Limited 85 King Street West Unit 2 NEWCASTLE, Ontario L1B 1L2 Irwin Hamilton & Mutton Barristers and Solicitors 1 Division Street P.O. Box 39 BOWMANVILLE, Ontario L1C 3K8 dU~ ATTACHMENT i1 LOT 9 SUBJECT SITE LOT 8 ~ E B - ~ ~ - -- ~ cn Q U W U ~_ _~ C L 7 L.I C)JO LOT 7 ~SELi~IE ROAD EAST ~_. 1-- ~ z 0 ATTACHMENT #t2 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 of the former Corporation of the 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 former Corporation of the Town of Newcastle to permit the development of a general industrial use; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone category from "General Industrial Exception (M2-16)" to "General Industrial (M2)" as illustrated 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 Section 34 of the Planning Act. BY-LAW read a first time this day of ~ 998 x BY-LAW read a second time this day of ~ 99S BY-LAW read a third time and finally passed this day of ~ 99g. MAYOR CLERK U 'J I This is Schedule"A" to By-law 98- , passed this day of , 1998 A. D. LOT BROKEN FRONT 0 .~ 0 z /, ~kE N8j22 4o•wR0o0 `'• p~ g CONCESSION ® ZONING CHANGE FROM "(H)M2-16" TO "M2" 0 25 SOm Mayor 25m 0 Clerk LOT 9 LOT 8 LOT 7 r ~ AS LI -- ~ - ~ E NE ROAD EAST 1_ - m i ~ Imo- ~ _ ~- - __. __ _ l - Z U1 ~ i W ~~~ U __ _ '_ - Hl~HWgy 401- -,-_- - -- ~~ ~ ~~ ~ ,_ ~ Rego w ' '~ ~~ Y 4 ~~ o Ary'-~ m p g0/gN Nq%4 ,s ~M1~~~~~~y ~Nq R.~A`A.AAYVIYV _... BOWMANVILLE ~ `v'' ~~ O~t~