The URL can be used to link to this page

Home My WebLink AboutPD-138-93 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: DEV93031.GPA PUB L I C M E E TIN G Meeting: General Purpose and Administration Committee File PD-138-93 #: File #: DEV 93-031 # Date: Monday, October 18, 1993 Subject: REZONING APPLICATION RANDY HENRY ON BEHALF OF OSHAWA WOOD PRODUCTS PART LOT 29 AND 30, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 93-031 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-138-93 be received; 2. THAT application to amend the Comprehensive Zoning By-law 84- 63 of the former Town of Newcastle, as amended, submitted by Randy Henry on behalf of Oshawa Wood Products, be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; and 3. THAT the Durham Region Planning Department, and all interested parties listed in this report and any delegation be advised of Council's decision. 1.4 Area: DETAILS Randy Henry Oshawa Wood Products From "special Purpose Commercial Exception (C4-11)" to a zone appropriate to permit the establishment of a Flea Market and Auction Room on a permanent basis. 4 hectares 1. APPLICATION 1.1 Applicant: 1.2 Owner: 1.3 Rezoning: 2 . LOCATION 2.1 The subject lands are located at 1696 Bloor street in Part of Lots 29 and 30, Concession 2 former Township of Darlington. Presently located here is the Court ice Flea Market. ....2 ~QJ, -"" - RECYCLED PAPIER PAPER RECYCLE TH~ IS PRimED ON RECYCLED PAPER REPORT NO. PD-138-93 PAGE 2 3 BACKGROUND 3.1 In 1991, Randy Henry submitted an application to rezone the subject site from a building supply outlet to a temporary flea market and auction barn. On May 25, 1992 By-law 92-145 was approved by Council approving the temporary establishment of this use for 3 years. Upon the expiration of the 3 years, Council has the ability to reconsider this temporary use and if they wish, pass a new by- law allowing the temporary flea market and auction barn for a period of up to 3 years. 4 EXISTING AND SURROUNDING USES 4.1 Existing Uses: temporary auction barn and flea market 4.2 surrounding Uses: East - existing single dwelling unit and agriculture West - existing single dwelling unit and agriculture South - vacant, agricultural land & Courtice South Public School North - agricultural land 5 OFFICIAL PLAN POLICIES 5.1 The lands are designated "General Agricultural Area" in the 1976 Durham Region Official Plan. Lands designated as such shall be used primarily for agricultural purposes. within the 1991 Durham Region Official Plan, the subject lands are located within the Urban Area of Courtice and are designated "Living Area". We have yet to receive correspondence from the Region of Durham Planning Department confirming whether the application conforms with the Regional Official Plans. 5.2 When Council previously dealt with this application, the lands were used for a building supply outlet. At that time, it was deemed that the application conformed to the Regional Plan as provlslons existed allowing non-conforming uses to continue if the use is similar to the previous use. It was believed that the auction barn and flea market would be .similar in use to the building supply outlet. 502 . . . .3 REPORT NO. PD-138-93 PAGE 3 6 ZONING BY-LAW PROVISIONS 6.1 The site is presently zoned "Special Purpose Commercial Exception (C4-11)" permitting the establishment of a flea market and auction barn on a temporary basis. The passage of a Temporary Zoning By- law allows Council to assess the application at the end of three years to determine if they wish to pass a by-law to permit the continuation of the use. The applicant is requesting to amend the zoning of the site to allow the flea market and auction barn to exist on a permanent basis. 7 PUBLIC MEETING AND SUBMISSION 7.1 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. 7.2 A neighbour enquired about this application stating that if the application is approved, it will impact his lands as the use would be established on a permanent basis. This same neighbour was concerned when the application to permit a flea market and auction barn on a temporary basis was before Council. However, the applicant addressed his neighbours concerns by erecting a privacy fence. 8 AGENCY COMMENTS 8.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following departments/agencies in providing comments, offered no objection to the application as filed: Municipality of Clarington Fire Department Municipality of Clarington Public Works Department 8.2 The Municipality of Clarington Community Services Department has ....4 503 REPORT NO. PD-138-93 PAGE 4 requested that 2% cash - in - lieu of parkland by paid. This was not collected previously as the use was of a temporary nature. 8.3 The Durham Region Health Department stated that a septic tank and tile bed or propriety treatment system be installed. The existing holding tank was approved on the basis that the use was temporary and that the facilities would have to be reassessed in 3 years time. In addition, the Health Department is stating that any sewage system will need the approval of the Ministry of Environment and Energy. 8.4 The Northumberland and Newcastle confirmation that the hours of evenings and weekends only. Board of Education the operation will requests be during 8.5 Comments have yet to be received from the Central Lake ontario Conservation Authority, Durham Region Planning Department, Durham Region Works Department, and the Ministry of Natural Resources. 9 STAFF COMMENTS 9.1 The applicant does not intend to make any revisions to the existing site plan agreement. However, if this application is approved, amendment will be required to the agreement as it references a temporary use. In addition, the hours of operation should also be specified in the amending agreement. 10 CONCLUSION 10.1 The purpose of this report is to facilitate the Public Meeting as required by the Planning Act, to provide Committee and Council with some background on the application submitted and for Staff to indicate issues or areas of concern regarding the subject application. It is recommended the application be referred back to Staff for further processing and subsequent report upon resolution of the neighbours concerns and receipt of all outstanding comments and required revisions. ....5 50:4 REPORT NO. PD-138-93 PAGE 5 Respectfully submitted, cJr ~ Franklin Wu, M.C.I.P. Director of Planning and Development HB*FW*cc *Attachment #1 Key Map *Attachment #2 site Plan 7 October 1993 Interested parties to be notified of Council and Committee's decision: Oshawa Wood Products c/o Randy Henry 2149 Courtice Road Courtice, Onto L1E 2M8 Mr. LeGros 1678 Bloor street Courtice, Onto L1E 2N1 505 ATTACHMENT #1 ~ SUBJECT SITE LOT 31 LOT 30 LOT 29 (H)R1 N 0 z <( O' 0 - 0:: (f) I UJ (f) U w I ~ u I 0:: ::J Z I 0 .0 u 10 A u I~ I RC 10:: I I~ I 15 I 'If= I I I ,: I I I I I I I I SION 1 and 2 , I NASH ROAD ~ -- COURTICE KEY MAP Dev:n~3-031 o r""- 50m 100 200 300m , ~ I ~~~ ~ I, I ~ I r .g '!5~ ,J . H~ 'Ii~ -=fi" a"1!!l ~6~ =li' .. ~ rli ~ ~ r--: ~ ~ <: 'i ~ 1::.. <: 11\" Il,l .. H t ~ q -~ ~ y~ "n- ~ tl~~~H~ ~ Iq~~:~~ I i L~!~ ~ .2 I 'u () "3 1, .t'~~~" ~~ ~~[ i ~ q I . I HH 00 - f, it k!( pp vI n l D S ~ ~ cOx o - ~ Ii P1 o ~ o ! & 8 e l ~:R~BWtH f r . t L~ 8~ &fh!~ot~h~ r H thH-<~ ('~o~ ~t~p:t~l :I~r t p J ~ ~ { ;~q~h b-H 9~~' ~~i ~ ~ t~i~1 8~~~J 1 J i i , . ; ~ o~ i ~ , gf s~ ~ f iJ ~. f. " 0' ~ '. r J ~' 1; I ~ If ~ f' v1, I V', t 1>{- H n ~ ~ ~ ~ J c\ li' : 0 . 0 t ~ t ~ / J !'! 6~jli ~ ;;t \loo' .'+0 .. ~oo r; ~z~ z ~ 0 ~~.., ~rr I ~ ~r(TI !1;0l < J> '0" ; 3: 1l':.0" ~ \ o.S- ^ /' =.... fT1 . .0 ;~~ I HH :;u~ o~; ~ i;: ~ "i~ ~ ~.~ .r. ~'l:U: oH~ H 1: ~~ I 0 II. ~~ II II ~ q r I ~r ll~ \J ~ ~ i ~ i ~ ~ 1 ~ 1 ~ & ~ f J 1 l r ~ . . . " " :: ,- -< 1 ~ ~ J " J' ~ ~ J - J " r 507 ATTACHMENT #2 'J _..,.4-(11)". 'II ~~ t ~ ~ b~ ~~~ 1-1111 ~ ~ e z i ~ ~ {> ;0 :: .. f' ~ <5 ~Illlllaaa .. ~t (\ z ((ecee( ," l I' fffG~~~ ~ ~ ~ H~H~~, S ~~ ~ li~~D:l\ (1,~, ','L ~ ' ~ r ;:-~ . , . I , . , , ~ lJ :;~ ~ () ~~-" -" p.. ,j <I -l "utt>)" 0 ~ p, 'i>~OO Lrr :!t~~;,r] ~ ','.,.,. , ' ~ l j .. 6 ~ "< 't) h ~ ~ ~ '\~ ~ 't ~~ l! 'l , , ~ \ ,. ~ ... .. .